Well, Dr. Orly Taitz is working overtime to insert herself into the Kansas ballot challenge. The original Birther, Joe Montgomery asked to withdraw his objection, and the request is being heard on Monday morning. This is the third Internet Article in a row on this subject, but things have been moving fast. Links to the other two articles are in the Notes below.
Here is the latest from Taitz, a letter faxed to the Kansas Attorney General. Since I already had some extra stationery of hers lying around from a previous post, I went ahead and did like they did in Hawaii with Obama’s birth certificate, and ran her letter out on it. Waste not, want not! She is thrifty, so I am sure she won’t mind. Plus, it is just such happy stationery!
ONE BIG PROBLEM I saw with all this is that Taitz is NOT a citizen of Kansas, but of California! Therefore she would be an Illegal Usurper trying to hijack the Kansas election process. Of course, she could always seek out some bona fide Kansas Citizen to hire her and renew Montgomery’s objection. But her blog posts and her letter to the Kansas AG, made it clear that she is the real party in interest. Plus, in most states, it is a breach of legal ethics to go around trying to drum up and solicit clients in this manner.
This is what I thought. But, like a good little Girl Reporter, I decided to look up the law and make sure before I went out on that seemingly safe limb. Imagine my surprise when I found language in the law providing that any person can make the objection:
An objection is a method to review the validity of a candidate filing or nomination. It may occur at either of two points in the election process:
(1) after the candidate files for office, or
(2) after the candidate wins a party’s nomination. [KSA 25-208a, 25-308]
An objection at the time the candidate files for office may occur in one of two ways:
(1) a person other than the candidate files an objection, or
(2) the candidate files an objection if the election officer determines the
candidate’s filing to be invalid. [KSA 25-208a(c)]
Any person may file an objection after the candidate is issued a certificate of nomination after the primary.
The deadline for filing any objection is:
(1) three days after the date of the candidate’s filing, or
(2) three days after the determination of invalidity by the election officer, or
(3) three days after the date of the issuance of the certificate of nomination after a
Note: The date of issuance of the certificate of nomination varies by office. Certificates or local offices are issued after the county canvass. Certificates for national and state offices are issued after the state canvass several weeks later. [KSA 25-308(a)]
Objections to nominations for national and state offices are filed with the Secretary of State. Objections to nominations for local offices are filed with the county election officer. The grounds for filing an objection are the same as the grounds for contesting a general election in court:
(1) the candidate is ineligible to hold the office
(2) one or more eligible voters were deprived of the right to vote
(3) illegal votes were received or legal votes were rejected
(4) error or fraud occurred in computing the results of the election which could
change the outcome of the election
(5) the candidate bribed an election officer, or
(6) any other cause showing that a different candidate should have won. [KSA 25-308(e), 25-1436]
For national and state offices, objections are decided by the state objections board, consisting of the Lieutenant Governor, Secretary of State and Attorney General. For county, township, city and school offices, objections are decided by the county objections board, consisting of the county election officer, county or district attorney and an elected county official whose position is not involved in the controversy. The latter official is designated by the county election officer. [KSA 25-308(c)
See Part IV Candidates, pages 7 and 8, for the above. For what it is worth, CBS News made the same assumption I did:
The Mercury newspaper reported that the Kansas complaint, from a man named Joe Montgomery, alleges that Mr. Obama’s father “retained his British and Kenyan citizenship and passed them on to his son.” It claims that the president “has failed to provide any valid, certified, documentary evidence to legally establish birth in this country, much less to citizen parents.” Under Kansas law, after its state primaries, any Kansan can object to the eligibility of a general election candidate for any office.
So, unless there is some court case which limits the language, Taitz has standing to make an objection. I am not sure that Orly Taitz knows any of this. If we are lucky,we will show up as I first imagined in the Image above. And, since she has standing, I guess she will just have to lose the old-fashioned way – – – on the lack of merits.
There does appear to be a three day limit to file, so she may be told to go home on that basis. The three people sitting on the Kansas Objections Board are all Republicans, so when she either loses, or is not permitted to speak, the aftermath ought to be something to behold. Cover your ears.
Note 1. The Image. This is a Valkyrie from some Wagnerian production. I can not verify which one.
Note 2. The Title. I’ve A Feeling We’re Not In California Anymore. . . This is a word play on the famous line from the 1939 film, The Wizard of Oz. From IMDB:
Dorothy: [has just arrived in Oz, looking around and awed at the beauty and splendor] Toto, I’ve a feeling we’re not in Kansas any more.
Dorothy: [after a pause] We must be over the rainbow!
[a bubble appears in the sky and gets closer and closer. It finally lands, then turns into Glinda the Good Witch wearing a spectacular white dress and crown, holding a wand]
Dorothy: [to Toto] Now I… I know we’re not in Kansas!
Note 3. Bust in the Wind. This is a word play on a famous song by Kansas, Dust in The Wind. A bust is when something doesn’t work out right. “In the Wind” means that something is coming. With Taitz, you always know in advance that her projects will not work out.
Plus, Hallelujah! I finally have an excuse to share one of my favorite youtube videos! This is sooo Jungian, and she sings it sooo beautifully:
Note 4. Links: