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Sunday, May 26, 2024 | Back issues
Courthouse News Service Courthouse News Service

Court Nixes ‘Birther’ Case

(CN) - "Birthers" who doubt President Obama's eligibility for office must have their suspicions handled by party officials and Congress, not state election officials, a California appeals court ruled.

Alan Keyes, Wiley Drake Sr. and Markham Robinson appealed the dismissal of their claim that California Secretary of State Debra Bowen had the duty to verify whether Obama was born in the United States and was therefore eligible to be president.

The Sacramento-based Third District Court of Appeal upheld the lower court's dismissal.

"The presidential nominating process is not subject to each of the 50 states' election officials independently deciding whether a presidential nominee is qualified, as this could lead to chaotic results," Justice Arthur Scotland wrote.

"Any investigation of eligibility is best left to each party, which presumably will conduct the appropriate background check or risk that their nominee's election will be derailed by an objection in Congress, which is authorized to entertain and resolve the validity of objections flowing the submission of the electoral votes," he added.

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