This is First Amended Petition for Writ of Mandate for our Obama eligibility Project.

Orly Taitz, Esq. (SBN 223433) 26302 La Paz Mission Viejo Ca 92691 Tel: (949) 683-5411 Fax: (949) 586-8110

The Law Office of Gary G. Kreep Gary G. Kreep, Esq. (SBN 066482) 932 D Street, Suite 2 Ramona, CA 92065 Tel: (760) 788-6624 Fax: (760) 788-6414

Attorney for Plaintiffs

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SACRAMENTO

Ambassador Dr. Alan Keyes; Wiley S Drake; and Markham Robinson, Petitioners, v.

California Secretary of State Debra Bowen; Senator Barack Hussein Obama; Senator Joe Biden; California Democratic Party Electors: Aleitz Huguenin, Lou Paulson, Ian Blue, Mark Cibula, Richard Hundrieser, Lawrence DuBois, Mark Friedman, Mary Hubert, Fred Jackson, LeRoy King, Roberta Brooks, Audrey Gordon, Michael McNerney, Nancy Parrish, James Farley, John Freidenrich, Jeremy Nishihara, Jaime Alvarado, Vinz Koller, Gregory Olzack, David Sanchez, Larry Sheingold, Stephen Smith, Mark Macarro, Nathan Brostrom, Robert “Bob” Handy, Robert Conaway, Greg Warner, Lane Sherman, Ilene Huber, Kenneth Sulzer, Sanford Weiner, Ana Delgado Mascarenas, Joe Perez, Gwen Moore, Anthony Rendon, Karen Waters, Kelley Willis, Silissa Uriarte-Smith, Norma Torres, Alma Marquez, Ray Cordova, Patrick Kahler, Aaruni Thakur, Joe Baca, Jr., Juadina Stallings, Betty McMillion, William Ayer, Gregory Willenborg, James Yedor, Bobby Glaser, Mary Keadle, Frank Salazar, Christine Young, Sid Voorakkara, and DOES 1-100,

Respondents.

Case No.: 34-2008-80000096-CU-WM-GDS

FIRST AMENDED PETITION FOR WRIT OF MANDATE

Date: Time: Dept: 31 Judge: Hon. Michael P. Kenney

Filed: 11/13/08 Trial: None Set

AMBASSADOR DR. ALAN KEYES, a resident of the State of Maryland, and DR. WILEY S. DRAKE, SR., and MARKHAM ROBINSON, each a resident of the State of California, all Petitioners herein, bring this litigation.

PETITIONERS allege: I. INTRODUCTION

Parties

1. Ambassador Dr. Alan Keyes, Petitioner herein, is the Presidential candidate of the American Independent Party, in the 2008 election, on the California State Ballot;

2. Dr. Wiley S. Drake, Sr., Petitioner herein, is a Certified California Elector of the American Independent Party and is the Vice Presidential candidate of the American Independent Party, in the 2008 election, on the California State Ballot;

3. Markham Robinson, Petitioner herein, is a Certified California Elector of the American Independent Party, Vice Chairman of America’s Independent Party, and Chairman of the American Independent Party;

4. Debra Bowen, Respondent herein, is the Secretary of State of the State of California (hereafter referred to as “SOS”);

5. Former Senator Barack Hussein Obama (hereinafter referred to as “OBAMA”), Respondent herein, is the Presidential Candidate of the Democratic Party on the California State Ballot;

6. Senator Joe Biden, Respondent herein, is the Vice-Presidential Candidate of the Democratic Party on the California State Ballot;

II. Legal Basis

A.

62. Article II, Section I of the United States Constitution, provides, in pertinent part, as follows, : "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;"

63. OBAMA has been inaugurated as the President of the United States. However, to properly assume such office, OBAMA must meet the qualifications specified in Article II, Section 1 of the United States Constitution for the Office of the President of the United States, which includes that he must be a "natural born" citizen. OBAMA has failed to demonstrate that he is a "natural born" citizen. There have been a number of legal challenges before various state and federal courts regarding aspects of non-, lost, or dual citizenship concerning OBAMA. Those challenges, in and of themselves, demonstrate Petitioners’ argument that reasonable doubt exists as to his eligibility to serve as President of the United States.

64. In each year of the general election at which electors for the Offices of President and Vice President of the United States are to be chosen, each congressional nominee shall designate one elector and shall file his or her name, residence, and business address with SOS by October 1 of the Presidential election year. Each United States Senator, or senatorial nominee, of the Democratic Party, as elected or nominated during the last two United States senatorial elections in California, shall designate one Presidential elector and shall file his or her name, residence and business address with SOS by October 1 of the Presidential election year. In the event that there is no Democratic United States senatorial nominee, or no Democratic congressional nominee in any particular district, the state chairperson of the Democratic party shall designate one Presidential elector for each vacancy and shall file his or her name, residence and business address with SOS by October 1 of the Presidential election year. [California Election Code (hereinafter referred to as “EC”) § 7100].

65. SOS is responsible for ensuring the validity of the State election process by, among other things, verifying the qualifications of the voters, approving the ballots and the candidates, supervising the counting of the ballots, and certifying the results. This certification of the vote by SOS, based upon which Electors received the highest number of votes in the state, is the method provided for in California law for ascertaining which Electors are appointed to vote for president. (EC § 15505, 3 U.S.C. § 6). On December 1, or as soon thereafter as the election results have been received from all counties in the state, SOS shall certify the names of the ascertained Electors to the Governor, and then transmit to each Presidential Elector a certificate of election (EC § 15505). The Governor then issues and seals a Certificate of Ascertainment which is delivered to the Electors by December 15 (3 U.S.C. § 6), who then meet to sign the Certificate of Vote (Federal Election Code § 192.006). The office of SOS is intended to be non-biased and to provide the critical sense of fairness and impartiality necessary for the people to have faith in the fundamental underpinnings of the democratic basis for our elections.

66. There is a reasonable and common expectation by the voters that to qualify for the ballot, the individuals running for office must meet minimum qualifications as outlined in the federal and state Constitutions and statutes, and that compliance with those minimum qualifications has been confirmed by the officials overseeing the election process. Heretofore, only a signed statement from the candidate attesting to his or her meeting those qualifications was requested and received by SOS, with no verification demanded. This practice represents a much lower standard than that demanded of one when requesting a California driver’s license. Since SOS has, as its core, the mission of certifying and establishing the validity of the election process, this writ seeks a Court Order barring SOS from certifying any California Electors until documentary proof that a candidate for President is a “natural born” citizen of the United States of America is received. This proof could include items such as an original birth certificate, showing the name of the hospital and the name and the signature of the doctor, and/or a passport with immigration stamps, and/or any other documents that certify an individual’s citizenship and/or qualification for office.

67. In the case of individuals seeking the Office of President of the United States, the United States Constitution provides for a system of Electors, wherein citizens of the respective states have a state controlled election in which Electors representing the interests of the respective candidates for President on the state ballot are elected to represent the interests of the respective state in the Electoral College. Thus, there is no federal ballot controlled by the federal government. There is a California State ballot where voters elect Electors who in turn represent the named Presidential candidate on the ballot. That is one more reason why SOS has responsibility for the certification of not just the counts of the ballots cast, but, also, the propriety of the contents of the ballot. In case a candidate cannot present proper documentation verifying his or her eligibility to serve, he or she cannot be elected President of the United States, and SOS has a duty to bar the casting of votes by California Electors in support of his or her candidacy. 68. To avert a constitutional crisis which would certainly accrue after such an election through laborious legal challenges, this writ seeks to require SOS to verify the eligibility of a Presidential candidate prior to the candidate appearing on the California ballot,. It is incumbent on the candidates to present the necessary documentation confirming his or her eligibility, but, to date, for this past election, OBAMA has failed to do so.

69. At this point, OBAMA has not allowed independent access to his vault (original hospital) birth records and supporting hospital records. OBAMA’s citizenship status has been, and is being, challenged in over 20 different legal actions in various federal and state courts, which challenges cast doubt on the validity of the electoral process, regardless of outcome. SOS is specifically charged with certifying and guaranteeing the validity of official documents and overseeing the elections in California, such that the people’s confidence in the fundamental aspect of democracy is maintained. To date, in this regard, SOS has not carried out that fundamental duty with regard to this, or any prior Presidential election.

70. This writ requests a court order barring the SOS from both certifying to the Governor the names of the California Electors, and from transmitting to each Presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that a candidate for President is eligible to serve in that position. In addition, this writ requests a court order barring the California Electors from signing the Certificate of Vote until such documentary proof is produced and verified showing that a candidate for President is eligible to serve in that position.

71. Should OBAMA be discovered, now that he has taken office, to be ineligible to serve in the Office of President of the United States of America and, thereby, his election declared void, Petitioners, as well as other Americans, will suffer irreparable harm in that an usurper will have been sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal. This writ seeks to avoid such a potential legal catastrophe in future Presidential elections. 72. 3 U.S.C., Section 8, provides, “The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.” This federal statute confers upon each elector an affirmative duty to discover whether the candidate for President for which the elector is seeking election is a “natural born” citizen. Otherwise, the elector would not know if his vote was being cast in the “manner directed by the Constitution.”

73. Given this constitutionally mandated duty, PETITIONERS, Presidential and Vice Presidential candidates on the November, 2008, California ballot, and 2 Electors pledged to Presidential and Vice-Presidential candidates on the November, 2008, California ballot, have standing to bring this Writ before this Court.

B.

74. A growing number of questions have arisen in litigation in at least 10 states contesting whether Senator John McCain or OBAMA are “natural born” citizens and, therefore, constitutionally eligible to be entrusted with the Office of President of the United States. In the litigation against OBAMA, allegations have been made that his admitted dual citizenship in Indonesia, and lack of evidence that he renounced the same, caused a loss of his United States Citizenship as a matter of law. Moreover, evidence released by the Obama campaign purporting to be a “Certification of Live Birth” on its face appears to be of questionable authenticity. One of the many problems with this evidence is that the border design differs from the border designs of other Certifications of Live Birth printed during the same time period. All these questions about both of the candidates are still unresolved. In the course of those lawsuits, most of which have been dismissed, it has been determined that there exists no designated official in the federal government directly charged with the responsibility of determining whether any Presidential candidate meets the qualifications of Article II of the Constitution of the United States. In most states, that responsibility is vested with the political parties, all of which have a conflict of interest in making any such determination, and none of which have been forthcoming with information or evidence verifying any candidate’s compliance with the eligibility requirements.

75. A press release was issued on October 31, 2008, by the Hawaii Department of Health by its Director, Dr. Chiyome Fukino. Dr. Fukino said that she had “personally seen and verified that the Hawaii State Department of Health has Former Senator Obama’s original birth certificate on record in accordance with state policies and procedures.”

That statement failed to resolve any of the questions being raised by litigation and press accounts. Being “on record” could mean either that its contents are in the computer database of the department or there is an actual “vault” original.

76. Further, the report does not say whether the birth certificate in the “record” is a Certificate of Live Birth or a Certificate of Hawaiian Birth. In Hawaii, a Certificate of Live Birth resulting from hospital documentation, including a signature of an attending physician, is different from a Certificate of Hawaiian Birth. For births prior to 1972, a Certificate of Hawaiian Birth was the result of the uncorroborated testimony of one witness and was not generated by a hospital. Such a Certificate could be obtained up to one year from the date of the child’s birth. For that reason, its value as prima facie evidence is limited and could be overcome if any of the allegations of substantial evidence of birth outside Hawaii can be obtained. The vault (long Version) birth certificate, per Hawaiian Statute 883.176 allows the birth in another State or another country to be registered in Hawaii. Box 7C of the vault Certificate of Live Birth contains a question, whether the birth was in Hawaii or another State or Country. Therefore, the only way to verify the exact location of birth is to review a certified copy or the original vault Certificate of Live Birth and compare the name of the hospital and the name and the signature of the doctor against the birthing records on file at the hospital noted on the Certificate of the Live Birth.

77. An unprecedented and looming constitutional crisis awaits if a President elected by the popular vote and the electoral vote does not constitutionally qualify to serve in that capacity. In addition, if OBAMA is not a “natural born” citizen and not eligible for presidency, OBAMA will be subject to the criminal Provisions of the California Elections Code, stating, “Any person who files or submit 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 ($1,000) or by imprisonment in the state prison for 16 months or two or three years or by both the fine and imprisonment” (EC § 18203).

Further, OBAMA, SOS, the Governor of the State of California, and all of the California Electors may be subject to the penal provisions of the California Elections Code which states, “Any person who commits fraud and any person who aids or abets fraud or attempts to aid or abet fraud, in connection with any vote cast, to be cast, or attempted to be cast, is guilty of felony, punishable by imprisonment for 16 months or two or three years.”

(EC § 18500 ).

78. Pursuant to EC Section 6905, in case of the death or absence of any elector chosen by the appropriate Democratic Party nominee, or incumbent, or if the number of electors is deficient for any other reason, the electors then present shall elect, from the citizens of the state, as many persons as will supply the deficiency.

79. Pursuant to EC §7100, the Electors are appointed directly by the nominees of the Democratic Party in each Congressional District and one Elector is appointed by each U. S. Senator or U. S. Senate candidate in the most recent election for each seat. In the November, 2008, election, however, there were no Democratic Party nominees for two of the Congressional Districts, and, as a result, pursuant to EC § 7100, the Democratic Party State Chairman appointed Electors for those two Congressional Districts. In addition, in 2008, an individual listed as Ilene Huber was nominated as an Elector from the 28th Congressional District by Congressman Howard Berman. As shown by the Affidavit of Dean C. Logan, Registrar/Recorder/County Clerk of the County of Los Angeles, California, a copy of which is attached hereto and made a part hereof, marked “EXHIBIT A,” no Ilene Huber was registered to vote in Los Angeles County at the time of the November, 2008, election – Congressman Berman’s Congressional District lies entirely within the County of Los Angeles in the State of California. Attached hereto and made a part hereof, marked “EXHIBIT B,” is a copy of a Certificate of Death for an Ilene Huber, issued by the County of Humboldt in the State of California, stating that Ms. Huber died on October 22, 2001. Petitioners are informed and believe and thereon allege that there is no other Ilene Huber registered to vote in the State of California. At the meeting of the Electoral College in California on December 15, 2008, a woman by the name of Ilene Haber, was allowed to vote in place of Ms. Huber. Ms. Huber was one of the Congressional District nominated Electors listed in an e-mail Chris Meyer sent to SOS on October 1, 2008. The designations submitted in the e-mail submitted October 1, 2008, to SOS did not comply with EC § 7100, in that Mr. Meyer was not a U.S. Senator, member of Congress, or Democratic nominee for such positions. Pursuant to EC § 7100, each nominee or Member of Congress of the Democratic Party in the respective Congressional District is to file their designation of their nominee with SOS. As shown by the e mail from Mr. Meyer to SOS, a copy of which is attached hereto and made a part hereof, marked “EXHIBIT C,” this was not done. Instead, Mr. Meyer made this submission. At the time that he did so, he provided no evidence to SOS of his authority to act on behalf of the various Democratic Congressional nominees or Members of Congress. At the December 15, 2008, voting of the Electoral College, Ms. Haber was allowed to vote without being elected to take the place of Ms. Huber. California Election Code § 6905 provides, as follows: “In case of the death or absence of any elector chosen, or if the number of electors is deficient for any other reason, the electors then present shall elect, from the citizens of the state, as many persons as will supply the deficiency.”

That procedure was not followed, thus throwing into question the validity of at least that one Electoral College vote.

....... SNIP .......

Respectfully submitted,

Dated: February 12, 2009

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