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October 9-28, 2008: Washington State Judge Throws Out Petition to Prove Obama’s Citizenship before Election

Washington State resident Steven Marquis files a petition in Washington’s Superior Court demanding that Secretary of State Sam Reed either prove that Senator Barack Obama (D-IL) is a “natural born” citizen or remove him from the presidential ballot. Marquis says that granting his petition would “prevent the wholesale disenfranchisement of voters” who might otherwise choose a candidate who is a valid citizen. “At this point, Mr. Obama has not allowed independent or official access to his birth records nor supporting hospital records,” Marquis writes in his petition, and accuses the Hawaii Health Department of “violat[ing] federal law by ignoring formal Freedom of Information requests for the same.” Obama has long since posted an authentic copy of his birth certificate on the Internet (see June 13, 2008), and this has repeatedly been verified as valid (see June 27, 2008, July 2008, and August 21, 2008). Marquis references another lawsuit challenging Obama’s citizenship, filed by lawyer Philip Berg and awaiting a hearing in a federal district court (see August 21-24, 2008). Marquis explains the timing of his petition—just before the presidential elections—as caused by Obama’s “delay and subsequent non-response to reasonable request for valid certificates.” He also cites the Washington secretary of state’s office’s refusal to certify Obama’s birth certificate as he has previously requested, writing, “To date, in this regard, Secretary of State Sam Reed has not carried out that fundamental duty.” Washington Superior Court Judge John Erlick will throw out Marquis’s petition, saying Reed has no such authority to force Obama to prove his citizenship, and cites Marquis’s failure to name Obama as a party to his complaint. (Schilling 10/16/2008; Mid-Columbia Tri-City Herald 10/28/2008; Schilling 11/13/2008)


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