Barack Obama has outlined a defense strategy for a multitude of state-level challenges to his candidacy on the 2012 presidential ballot in a Georgia case that is scheduled to come before a judge later this month – simply explain that states have nothing to do with the eligibility of presidential candidates.
“Presidential electors and Congress, not the state of Georgia, hold the constitutional responsibility for determining the qualifications of presidential candidates,” Obama’s lawyer argues in a motion to quash a subpoena for him to appear at the hearings Jan. 26.
“The election of President Obama by the presidential electors, confirmed by Congress, makes the documents and testimony sought by plaintiff irrelevant,” the lawyer said.
Hearings have been scheduled for that date for three separate issues to be handled. They all are raised by Georgia residents who are challenging Obama’s name on the 2012 ballot for various reasons, which they are allowed to do under state law.
It is states, usually through the office of secretary of state, that run elections, not the federal government. The national election is simply a compilation of the results of the individual elections within states.
The schedule for the hearings was set by Judge Michael M. Malihi of the Georgia state Office of State Administrative Hearings. In Georgia, a state law requires “every candidate for federal” office who is certified by the state executive committees of a political party or who files a notice of candidacy “shall meet the constitutional and statutory qualifications for holding the office being sought.”