Purpura-Moran New Jersey Obama Ballot Challenge Appealed to Appellate
Division-Briefing and Oral Argument Scheduled
By Mario Apuzzo, Esq.
May 15, 2012
On Friday, May 11, 2012, I filed with the New Jersey Appellate Division on behalf of Nicholas E. Purpura and Theodore T. Moran their appeal of the New Jersey Secretary of State’s final decision to permit presidential candidate Barack Obama on the New Jersey primary ballot.
On Friday, May 11, 2012, I also made an application with the Appellate Division that the appeal be handled on an emergent basis. On Monday, the Court issued an order providing that the Court, sua sponte, accelerates the appeal. The Court has ordered that appellants file and serve their brief and appendix on or before Friday, May 18, 2012 and that respondent Barack Obama file and serve his responding brief and appendix on or before Friday, May 25, 2012. The Court also ordered that the New Jersey Attorney General file and serve his response on or before Friday, May 25, 2012. Finally, the Court scheduled telephonic oral argument for Wednesday, May 30, 2012, at 1:00 p.m. The appeal will be heard and decided by a panel of three Appellate Division judges, Clarkson S. Fisher, P.J.A.D., Linda G. Baxter, J.A.D., and Philip S. Carchman, J.A.D. A copy of the Court’s Order entered by Hon. Judge Carchman on May 14, 2012 may be read here,
In our appeal, we will be arguing that:
1. The Administrative Law Judge (ALJ) and Secretary of State (SOS) erred in finding that Obama, because he does not have to consent to his nominating petition, does not have any legal obligation to provide any evidence to the New Jersey Secretary of State proving who he is, where he was born, and that he is constitutionally eligible to occupy the Office of President in order to be placed on the New Jersey primary election ballot.
2. The ALJ and SOS erred in finding that a “natural born Citizen” includes any child who is born in the United States and “subject to the jurisdiction thereof,” regardless of the citizenship status of the parents.
3. The ALJ and SOS erred in finding that Obama was born in Hawaii, for there is no evidence in the record supporting such a finding.
4. The ALJ and SOS erred in finding that Obama was born in Hawaii and therefore as a matter of law he is an Article II “natural born Citizen.”
Mario Apuzzo, Esq.
May 14, 2012
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Mario Apuzzo, Esq.
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