SAN FRANCISCO (CN) - John McCain's name should be removed from presidential ballots because he was not born in the United States, the American Independent Party claims in Federal Court.
Markham Robinson, suing on behalf of the AIP, claims the "natural-born" citizen clause of the Constitution disqualifies McCain, since the Arizona senator was born in the Commonwealth of Panama in 1936, not in the United States.
McCain's naval officer father, John Sr., was stationed at Coco Solo Naval Air Station in the Panama Canal Zone at the time, which was under U.S. control.
The lawsuit names California Secretary of State Debra Bowen as lead defendant because she is required by state law to place McCain's name on the ballot if he is the Republican nominee for president. But Robinson claims that federal law prohibits McCain from taking office if he is elected.
The Independent Party wants the court to order McCain's name removed from the California ballot, and co-defendants, the Republican National Committee and the California Republican Party, barred from nominating McCain as Republican candidate. Plaintiffs are represented by Gregory Walston with Walston Cross of San Francisco.
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