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Administrative Law Judge: Obama Eligible For NJ Ballot

Administrative Law Judge Jeff S. Masin ruled that Barack Obama is eligible to appear on the Democratic primary ballot, according to a report on Conservative News and Views.

Mario Apuzzo, Esq., argued for the objectors to Obama’s petitions yesterday at a hearing presided over by Masin.  Alexandra Hill of Genova, Burn and Giantomasi argued for Obama.

Apuzzo has a write up of the proceedings on his blog.

CNV reports that Masin informed Apuzzo of his decision on the telephone at 7PM last evening and gave him a two hour deadline to file an exception to the ruling.

Apuzzo took exception to the following:

  1. Judge Masin ruled that Obama was born in Hawaii with no evidence on record, after acknowledging that fact during the hearing.
  2. Judge Masin ruled that Obama need not comply with statute to show that he is eligible, solely because he need not “consent” to someone circulating a nominating petition for him.
  3. The judge suggested that Obama might have to show eligibility later. He laid no basis for such a ruling.
  4. The judge misread the precedents and gave short shrift to the historical evidence that the Framers of the Constitution defined “natural-born citizen” as one born in-country to two citizen parents. Apuzzo devoted half of his 30-page exception to this analysis alone.

Apuzzo plans to appeal to the Appellate Division of the New Jersey Superior Court.

Posted: April 11th, 2012 | Author: | Filed under: 2012 Presidential Politics | Tags: , , , , | 6 Comments »