Obama Objectors From Toms River And Wall Fail To Get President Removed From Ballot

Lt. Governor upholds administrative law judge's recommendation

A challenge from two men from Toms River and Wall seeking to remove President Obama's name from New Jersey's upcoming primary ballot has failed.

Mario Apuzzo, the attorney representing , said Deputy Director and Administrative Law Judge Jeff Masin recommened against the ballot challenge following a more than three-hour hearing earlier this week.

Lt. Gov. and Secretary of State Kim Guadagno upheld the decision earlier this week.

The decision, delivered to Apuzzo via email, was not based on the issues presented in the challenge, namely that Obama is not a natural born citizen of the United States and that a birth certificate released by the White House last April is fraudulent, but rather on a technicality, Apuzzo said.

The judge decided that Obama's place on the ballot could not be removed by challenge because Obama, as president, automatically appears on the ballot and without his consent.

Thus, Obama cannot be held immediately responsible for proving his eligibility.

Apuzzo said he may file an appeal.

"The sham continues. In one way or another it's a sham of justice. Our judiciary is really taking us for a ride," Apuzzo said during a telephone interview Thursday. "How can they expect us to do something that the law doesn't allow for (challenging Obama's place on the ballot)? The logic is unbelievable."

Purpura, of Wall Township, and Moran, a Toms River resident, filed a challenge alleging that Obama has both failed to show proof that he was born in the U.S. and is not a natural born citizen because both of his parents are not U.S. citizens. According to the Constitution, Apuzzo charges, Obama is ineligible to serve as the country's president and should not appear on the state's June 5 primary ballot.

Obama was represented by Alexandra Hill of the Newark-based law firm Genova, Burn and Giantomasi.

What struck Apuzzo, he said, was not just the judge's decision, but a concession made by Hill that the court has no documented evidence of Obama's birth. Armed with a number of witnesses, including an expert who was willing to testify that Obama's birth certificate, posted online in April 2011 by the White House, was fraudulent, Apuzzo was instead told to holster his guns.

"We were willing to present that what's online has been manipulated by computer, human, or both and that it's not reliable. I told them I was ready to prove that and if they didn't want this witness to testify then concede that," he said. "I got Obama (Obama's attorney Hill) to concede that there is no evidence before the court as to his place of birth, which includes what's on the internet."

Though the judge ruled the Obama isn't required to prove his ballot eligibility, Apuzzo considers the concession a win of sorts, one he hopes will help his case gain traction should it appear before an appellate court.

He stressed that he's willing to go as far as he can to prove that Obama does not belong on the state's ballot. Should that mean taking the case to the State Supreme Court or the U.S. Supreme Court, Apuzzo said he's ready.

Mattie April 16, 2012 at 03:51 PM
I was going to ask the same thing, PD... then I realized I'd only be wasting my time. People like M'Linda and Stuart do not answer logical questions with logical answers. They spew nonsense and twist things around into wingnut talking points.
Mattie April 16, 2012 at 03:55 PM
Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. Section 1401 defines the following as people who are "citizens of the United States at birth:" Anyone born inside the United States * Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S. Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year See part II
Mattie April 16, 2012 at 03:56 PM
Part II Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21 Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time) A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S. * There is an exception in the law — the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision. Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.
Mattie April 16, 2012 at 03:58 PM
Obama was born in HAWAII which at the time of his birth WAS A RECOGNIZED STATE OF THE USA. End of discussion. (At least it should have been- like 3.5 years ago!)
Stuart April 16, 2012 at 04:19 PM
No it is still against the Constitution because Obama's father was not a US citizen.You have defended my post with one can be born out of the US and still be eligable if one parent is a naturalized citizen and the other has lived in the US for one year. Obamas father didn't live in the US for one year when Obamas mother came from Kenya to Hawaii supposedly to give birth so there is your proof.
Stuart April 16, 2012 at 04:28 PM
I read an interview with a Kenyan many years back who said Obama's mother went into labor on a beach in Kenya and was rushed to the local hospital where Obama was born. After arriving in Hawaii a certificate of live birth was registered but it is not an actual birth certificate the two are not the same. We can go back and forth all day but at the end of the day no one will agree. Only the future will show itself if Obamas reelected and since I'm no prophet I can only go with the signs of how this country is doing now. Obama's pledge of Hope and Change is hollow so far.
Mattie April 16, 2012 at 04:36 PM
Are you really that..... never mind, I won't name call. Here's where you are making your mistake: You say: "You have defended my post with one can be born out of the US and still be eligable if one parent is a naturalized citizen and the other has lived in the US for one year. " OK, in caps now so you get it: *** IF ONE IS BORN OUTSIDE THE US they can still be eligible IF one parent is a...*** yadda yadda yadda. OBAMA WAS NOT BORN OUTSIDE THE USA. He was born in HAWAII. Jezuz, read much?? By the way, his mother was born in WICHITA, KANSAS!
Mattie April 16, 2012 at 04:37 PM
You sir, have deep-seated issues.
Joe April 16, 2012 at 05:49 PM
Oh Stuart you are such a silly girl. I imagine you in your little hole with your panties in a bunch fretting about a man of color in the White House. Would you have the same argument if John McCain's parents were in the same sitiuation as our presidents?
Brad April 16, 2012 at 08:44 PM
Well in my opinion it does matter where the president is from... all that matters is how well he is doing in office. Four years of his term and he's done more damage to this nation almost double than that of that redneck drunk George Bush Jr. People say your a racist and ill informed if you attack any liberal candidate. Well I am informed because Im one of those people who's looking for a job, I've seen what Liberals are trying to do, none the less are currently doing and unfortunately the road to hell is paved with good intentions. We pay for NPR (LIBERAL SLANDER) , We tax the rich until their blue in the face because we think that forcing the millionaires who are making the jobs , who will have to cut jobs or move to another country as an effect, because we feel we're the ones to say you cant be that careless and have all that money. YOU DONT DESERVE THAT MONEY. Give it to the poor, stimulate the economy for gods sakes. He's for abortion or the murdering of unborn children, who theyll argue with you that its not a living thing because their guilt ridden but actually the sperm is living and the egg is living, and what they make needs nutrients to stay alive. YET THEIR AGAINST CAP punishment. Not so long ago Obama was for taxing the middle class too. Also, During his campaign he said he had all the solutions to our problems that there would be change. Well now he's saying he needs another four years because we didnt work with him on anything and that these things take time.
Mattie April 16, 2012 at 08:50 PM
WOW. That's all I can say about you and your 'ideas'. Wow. BTW, Obama is not now and never has been a true "Liberal". He's a hair's breadth RIGHT of Center, which is why many liberals / lefties are quite disappointed in him -- so far.... but we're willing to give him another 4 yrs to make it up to us. In the meantime, I wouldn't vote for any of the Republican clowns falling out of that clown car into the arena even if Obama dropped dead tomorrow.
Stuart April 16, 2012 at 09:14 PM
Joe do you think I'm a girl with a name like Stuart? As far as color goes during the 1960s when I was in High School I spent a summer in Mississippi with 2 other friends joining a small group of White Freedom Riders from NJ. Look up the Freedom Riders and you will find many were killed by the KKK and other White Supremecists who by the way all were Democrats as was the Southern State Governments. Mattie I don't have any deepseated issues,but I can see you don't read very well. I didn't say Obamas mother wasn't born in the US. I said according to the Title 8 of the US code Obama's father was not in the USA for a year before Obama was born. This makes Obama not eligible. Read more slowly and stop putting quotes in my mouth.
Stuart April 16, 2012 at 09:22 PM
Mattie where do you get your ideas from? I know ,the Lame Stream Media. Global Warming is a left of center belief, being anti-gun is a left of center belief,blaming the rich for not paying taxes is left of center so where in the world can you get the idea Obama is anywhere near center?
Laura April 16, 2012 at 09:23 PM
He's done more damage? Steven, watch Fox much? If all those millionaires are doing so well, why aren't they creating jobs for you? They (Romney) are taxed at a percentage rate lower than the middle class. How many jobs can he say he really created? Let's not forget the ones taken away when he chopped up those companies that didn't survive his business acumen. Subtract those. Abortion is legal. Get over it! I'm for capital punishment! If you are looking for a job, I don't think you are making over $250,000/year. So no need for you to worry about being taxed more.
Stuart April 16, 2012 at 09:24 PM
Steve I just love having a battle of wits with people,but I wish they were armed here.
Brad April 16, 2012 at 10:16 PM
Mattie- I don't like the Republicans either, to tell you the truth, all these candidates that are running aren't perfect, no matter their political party. Both sides have morons, and both sides have geniuses. My ideas may be anti liberal, but I'm not predjudice. If Obama was really improving our Nation even if it was against my personal views and I did not agree with him, I would not have a problem. You see, they (any politician) come in with their kind words and open arms, with all these tantalizing ideas. They seem to have every answer to every problem, they say this is the time when the small man will stick it to fight the big man. They slander whoever they have to, pay who they have to pay, and fight for the causes that they know are going to gain them support so they get more votes. They make huge promises to the people. Then when they are elected, the people begin to realize , all their ideas, their motives, and answers, were just a smokescreen. A smokescreen to cover the fact that, they want everyone to be poor, they want to control what we think and say, they want to keep anger alive to suggest that another scapegoat is to blame. These politicians are nothing but wolves in sheeps skin, always plotting, always planning, and always lying to who? The people that were so important before election day, but are now nothing because he already has his power. Also, taxes should be the same for everyone, if it is not that is discrimination against the rich are citizens too
Brad April 16, 2012 at 10:28 PM
As an after thought to all my hecklers, by insulting me with the names and claims that I'am an idiot or crazy, you are actually solidifying my bold statement. This is because the more more I get made fun of, shows how right I am because you'd be too afraid to admit I was right and you know what you don't have to, I'd have no interest in your apology. Because when this nations in a bigger hole than it already is, and you or your family is starving (Which I hope never happens), the only person you'll need to apologize to is yourself. By the way, if money just needs to be stimulated into the economy, why doesn't Obama and his party members use their money instead of ours? It deffinetly will not pay 0.00003 percent of the debt but how come they aren't suffering like us? ? ? He goes home every night to a warm bed when his supporters are suffering.. Just think that over for me.
Mattie April 16, 2012 at 10:46 PM
Stuart for the last darn time... his father not being a citizen only matters IF HE HIMSELF (President Obama) WAS ALSO NOT BORN ON US SOIL. The fact that one of his parents is not a US born citizen IS IRRELEVANT. His mother is and was born an American, (born in Kansas), President Obama was born on the island of Oahu, Hawaii. He is a recognized, legal, natural born citizen. Period. Birthers and teaparty wingnuts really need to find something else to fixate on. Google it... there are tons of myth-busting sites covering this BS. Snopes.com also busted all these birther myths too.
Joe April 16, 2012 at 10:58 PM
Stuart, You are quoting without one ounce or iota or teeny bit of anything that can be verified. You are simply spreading rumors. If you really believe this to be true than back it up..........do you really think that Faux news or the Koch brothers or Sheriff Joe in Arizona have not tried to track these lies down? Then you put it up on a public forum as fact?! Stop spreading lies and rumors would ya? Put up or shut up. Waiting for your answer about your hero John McCain...if his parents and birth were of the same circumstance would you be spreading lies and rumors too?
Rick April 17, 2012 at 01:13 AM
Joe, You really should try a foil hat. Even if it doesn't block the mind control rays, it does reflect sunlight and keeps you cooler in the summer.
Rick April 17, 2012 at 01:25 AM
The Constitution says nothing about the parents being citizens. ARTICLE II Section I Prase IV states "No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States." This would have allowed Alexander Hamilton who was born in Nevis, West Indies to be eligible to become President. Most "brithers" claim that Obama was not born in the US, not that he would be ineligible because of his father's citizenship.
Rick April 17, 2012 at 01:50 AM
Stuart, Have you ever heard the term "anchor baby"? That is a child born on Ameican soil to illegal aliens, oops, undocumented immigrants. The child is by birth an American citizen, which then makes it harder to send the parents home. In other words, the parents don't have to be citizens for the child to be one.
Rick April 17, 2012 at 01:53 AM
WBelmarmom Are you saying that FOX doesn't present the truth?
Plunket of Barnegat April 17, 2012 at 05:11 AM
World Net Daily? Oh please. You Birther idiots need to grow up.
Rick April 18, 2012 at 07:22 AM
Martin Van Buren was the first President who was actually born an American citizen. All the previous ones were born British citizens. Andrew Jackson's parents were from Carrickfergus Ireland and had two older brothers who were also born in Ireland.
Rick April 18, 2012 at 07:25 AM
Ooops. That should read British subjects, not British citizens.
CR April 18, 2012 at 10:00 PM
Ahhh progressives...subsidizing society’s non-productive and counter-productive bureaucrats. Now that's progress!!
George August 23, 2012 at 10:37 PM
The Fox judge would have loved it had Bush done it
George August 23, 2012 at 10:46 PM
Nobody knows what Romney stands for since he changes his mind some much. Ryan voted on bills that drove up the debt and lied about requesting stimulus money. Now he is running away from Akin who he worked with to draft bills concerning matters Akin is now in trouble for.
George August 23, 2012 at 10:49 PM
Romney only running to get a job his daddy lost out on. Ryan life long Washington insider is wife the same thing lobbyist for ten years.


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