Taitz explains in her complaint, California Elections Code 16100 and 16101 allow electors to challenge election results. Taitz quotes, "CA Code 16100(b) That the person who has been declared elected to an office was not, at the time of the election, eligible to the office," in her complaint against President Barack Obama.
Taitz was a primary candidate for the California Republican nomination to the U.S. Senate in 2012. As a candidate for public office in a primary election, Taitz quotes, "CA Code 16101 Any candidate at a primary election may contest the right of another candidate to nomination to the same office by filing an affidavit alleging any of the following grounds, that: (a) The defendant is not eligible to the office in dispute. (b) The defendant has committed any offense against the elective franchise defined in Division 18 (commencing with Section 18000)." In addition to naming President Barack Obama as a defendant in the case, Taitz has named California Democratic Senate nominee Dianne Feinstein as a defendant in the case.
CA Code 18203 provides that any person who files or submits for filing a nomination paper or declaration of candidacy knowing that it or any part of it has been made falsely is punishable by a fine not exceeding one thousand dollars ($1000) or by imprisonment in the state prison for 16 months or two or three years or by both fine and imprisonment.
Obama ran for the Democratic nomination for U.S. President in California in 2012 and Feinstein ran for the Democratic nomination for U.S. Senate in California in 2012. Taitz notes in her complaint, Article II, Section 1 of the U.S. Constitution the U.S. President shall be a natural born U.S. Citizen. Obama's literary agent, Dystel & Goderich, published Obama's biography from 1991 to 2007 as a person born in Kenya and raised in Indonesia and Hawaii.
Obama enrolled in St. Francis of Assisi Elementary on Jan. 1, 1968 under the alias Barry Soetoro, as an Indonesian National and born in Honolulu, HI. Taitz alleges Obama is not a U.S. Citizen or he naturalized as a U.S. Citizen making him ineligible for the Office of the President of the United States.
On July 13, 2012, Judge Richard Luesebrink issued a minute order for Taitz v Obama denying plaintiff's Emergency Ex Parte Motion for 45 Stay of certification of election results. On Nov. 7, 2012, Judge Charles Margines dismissed Taitz v Obama with prejudice.
On February 4, 2013 California Court of Appeal, Fourth Appellate District, Division Three, the Court granted Taitz's appeal to vacate dismissal, reinstate the appeal and be relieved from default. The order of dismissal is vacated and the appeal is reinstated.
Index of Posts
- February 05, 2013 Breaking News: Taitz v. Obama Reinstated, Taitz Appeals to the 4th CA Appellate District, Order of Dismissal Vacated
- February 04, 2013 Motion to Vacate Obama's Judgement
- February 02, 2013 E-Verify vs. Social Security Number Verification Service (SSNVS)
- February 01, 2013 Notice of Default issued to Defendant Obama, Grinols v. Electoral College, et. al.