IN THE COURT OF COMMON PLEAS
WARREN COUNTY, OHIO
Complaint
Filed in Warren County, Ohio
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Case # 20CV093603
vs.
Kamala Harris et al
Vice Presidential Candidate
112 Hart Bldg
Washington, DC 20510
Tom Perez
Chairperson of the Democratic National Committee
430 South Capitol Street South East
Washington, DC 20003
Joe Biden Democrat Nominee
918 Pennsylvania Ave S. E.
Washington, DC 20003, USA
Private home address not available
Warren County Ohio Democratic Party
No Chairman Listed
1975 North Route 42
Lebanon, Ohio 45036
Ohio Democratic Party
David Pepper Chairman
340 East Fulton Street
Columbus, Ohio 43215
PLAINTIFF`S MOTION FOR TEMPORARY INJUNCTIVE ORDER TO RECEIVE CREDENTIALS
1 MOTION
1.1 Based on the declarations below, the plaintiff, David M. Neal [hereinafter “Plaintiff”] respectfully requests of this Honorable Court to grant a temporary injunctive order in the form of a writ of mandamus demanding timely relief by defendants Kamala Harris, Joe Biden, Democratic National Committee, Warren County Ohio Democratic Party, Ohio Democratic party, {hereinafter “defendants”}, working in the capacity as nominating representatives for acting Vice Presidential Candidate for the Democratic Party, Kamala Harris, remove her name from consideration on the Ohio ballot for national elective office for Vice President, consistent with the constitutional demands of and goals for general national elections as expressed in the United States and Ohio State constitutions and through applicable statutes. Plaintiff requests that the Democratic National Committee de-certify and remove any challenged candidate that does not meet the United States Constitutional Article II Sec. 1 Cl. 5 requirements and report this to the Ohio Secretary of State. Since this matter directly effects the veracity of a the upcoming general election, November 3rd, 2020 and when life and property may be in jeopardy should the determination of failureto qualify result in civil unrest and other deleterious effects to the stability of government, plaintiff therefore requests that preliminary review and determination regarding this petition take place prior to that election. Expedited review and relief as is detailed herein is requested based on the following grounds.
2. SUPPORT FOR PLAINTIFF`S MOTION FOR EXPEDITED REVIEW AND DETERMINATION
2.1 The 1st Amendment to the Constitution guarantees all citizens the “right to petition our government for redress of grievances”. The 5th and 14th amendments to the constitution guarantee “due process of law”. The first attempt at petitioning our government for redress went to the Warren County Board of Elections and was instructed that the subject of eligibility would go to the Secretary of State, Frank LaRose, and was informed of his newly released Directive 2020-19. Our next attempt at petitioning our government went to the Head of Elections, Ohio Secretary of State Frank LaRose with no response by that office whatsoever. Plaintiff's next petition went to the FEC and was told that they too have nothing to do with verifying the eligibility of any candidate for any office. (See Exhibit DC1 Directive 2020-19){See also Exhibit BoE1, BoE2 Response and SoS1 Letters}
2.2 Plaintiff submits that since no relief or redress was given by the aforementioned government agencies, plaintiff has standing with no other recourse but to go to the courts for relief of this attempted constitutional fraud against the citizens and voters of this state.
2.2.1 Plaintiff submits that with no relief or redress offered by the government agencies in charge of candidate eligibility then it is up to the courts to step in and address this issue.
2.2.2 Failure to address this issue prior to the election could result in civil unrest with serious loss of life and massive property losses as demonstrated recently.
2.2.3 After contacting Senator Harris's office in California and DC and asking about the naturalization papers of her parents and stating that she is not eligible, we were told that if she were to be ineligible the proper place for that is in the Congress via the 12th amendment or in the 20th amendment or 3 U.S.C. 15. Does anyone in this court think that if the 12th or 20th amendments or 3 U.S.C. 15 were the venue to settle this matter, that Nancy Pelosi would give anyone a fair shot at removing their candidate of choice? Not to mention that all three are meant for the members of Congress, not the common citizen. No where in the 12th or 20th does it say anything about a citizen going before Congress to try and remove an ineligible candidate after an election. The only thing the 12th Amendment says about this subject is “But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States”. This is the LAW!
2.2.4 If a candidate for a key office of government, in this case the office of Vice President of the United States, is successfully challenged after the fact of an election and it was demonstrated that a vice presidential or other key candidate for office did not meet the minimum constitutional requirements set forth in the constitution, who knows what could happen in today's political climate. It is conceivable – even likely that some disenfranchised individuals would engage in civil unrest and violence to person and property. Probably in every city across this nation. (See Exhibit A1 - A 4 Chaos)
3. It is obvious based on Harris staff members answers and actions they have researched this a long time ago and since they have no legal grounds to stand on they hope or plan on making it to post election so she would be protected by Nancy Pelosi if there were to be a challenge to her legitimacy. Maybe this is why Biden waited so long to pick her as he knew she would be challenged over her allegiance at birth, and by waiting till the last minute they can hopefully put off the inevitable and get it to Pelosi. {See Exhibit B-B3 More Chaos}
3.1 The wholesale disenfranchisement of the people will occur, with both political parties, which may likely result in civil unrest with public and private losses inconsistent with the fundamental goals established by the US Constitution and Ohio Constitution for elections.
3.2 Plaintiffs position asserts that the Democratic National Committee is recognized to help maintain in substantial part and to ensure peaceful transitions of power in government offices, wherein the public peace, security of life and property and confidence and transparency in the basic institutions of government held elections are paramount.
3.3 It is not generally known that neither Ohio Secretary of State nor the FEC has any candidate documentation requirements as part of the candidate application process for the Ohio general ballot for the federal election if Vice President. The Ohio SoS basically just rubber stamps what the political party sends their way.
3.4 It is also not generally known that there is no procedure established by agency of State or Federal Governments available to review or accept challenge to a candidates basic qualifications for the positions of Federal Offices listed on the Ohio ballot. This lack of procedures fails both the “Average Man” test and even the “Reasonable Man” test of what is commonly expected of the head election officials in this state or this country by virtue of its function as derived from the constitutional descriptions. The average man and the reasonable man, both, assume that the basic candidate qualifications have been verified by some government application or oversight process satisfactory to the review and oversight of the head election official in whom they place their trust to ensure such openness, transparency, veracity andintegrity.
3.5 Only a simple signature, basically self attesting to meeting the basic qualifications for office of President is currently requested by the application offered through the office of the Ohio Secretary of State. No signed, certifiable or verifiable documentation is demanded of the applicant for the office of Vice President. Nothing is required by either the DNC or the Ohio Secretary of State to verify that the candidate is officially eligible to be Vice President This is a lower standard than when one obtains a state drivers license or applies for a passport or to register as a voter in Ohio.
3.6 Plaintiff argues that the Secretary of State and the Ohio Legislature were made aware of this deficiency in 2008 and still in the absence of specific statutory guidelines for the Secretary of State to step in, then it is up to the courts to step in since the legislature has had 12 years and done nothing. This violates the equal protection clause standard wherein the electors, the voters, must have proof of citizenship in Ohio, which can be challenged, but the candidates do not. This oversight misses the goals set forth explicitly and implicitly in the Ohio State Constitution (ref ORC 3505). In this provision, specific rules for anorderly, timely, and uniform manner relaying to any federal, state, and local elections are provided. (See Exhibit C 2006 Ohio Revised Code)
3.7 ORC 3505.20 is designed to protect the integrity of the electoral process by providing equal access to the process while guarding against discrimination and fraud. But there is nothing to protect the voter from a fraudulent candidate.
3.7.1 The 2020 Ohio Presidential Guide put out by the Secretary of State Frank LaRose clearly states the same as the Article II Sec.1 Cl.5 that one needs to be a natural born citizen as defined by the constitution for the office of President. (See Exhibit D Ohio 2020 Presidential Guide)
3.7.2 The Ohio Declaration of Candidacy for President clearly asks if the candidate is natural born under penalty of election falsification. (See Exhibit E Declaration of Candidacy)
3.7.3 In our research on this subject, all documents of the Founding Fathers dealing with the birth of a child to two foreign parents on US soil, the child was in fact always a foreigner, not a citizen. Actually the birth of a child to a foreign father alone made the child a foreigner even with an American citizen mother up until 1898.
3.7.4 From our founding to present there are no documents of any politician, law, ruling, or US court cases, from the Supreme Court to any Appeals Courts to any Lower Courts, no rulings of any kind whatsoever, out side of the illegal minds at CNN or MSNBC have ever equated a 14th amendment citizen, born to two foreign parents, (an anchor baby) to being a natural born citizen even though they are born on US soil.
3.7.5 Plaintiff submits since there are no court decisions, nothing that the DNC or candidate Harris can fall back on to legally verify their candidate is eligible, they will resort to technicalities, issues of the way this suit is being presented, as their only hope. I am sure there are deficiencies in this as we could not get an attorney to help us but don't let that stand in the way of making all candidates meet the requirements as stated by the constitution for the people.
3.7.6 Plaintiff submits that one can be a mass murderer in the USA and can find a lawyer that will defend him. One can be a serial child rapist and one can find a lawyer to defend him but in this case there was not a lawyer for hundreds of miles that we contacted that would touch this case for fear of being labeled a racist or a birther and have his address posted on the internet and rioting in front of his house. As of August 27, 2020 we couldn't get a Paralegal to even look at this much less help for the same reasons as all the lawyers, they didn't want to be labeled a racist or misogynist or a birther. This is what we face when coming to this court asking for whats right and legal in today's political climate. This is why the Congress says nothing and does nothing today for fear alone. (See Exhibit F - F7 Racists and Birthers)
3.7.7 Plaintiff submits that no one in America will bet their hard earned money that Joe Biden will be able to complete a first term should he win. Kamala Harris would be the person to replace Biden. We the people want to be 100% sure our leader is eligible and we do not trust the DNC or Harris to do what is right. Is it the Harris administration already as being reported in the news?
3.8 This request is about the right of Ohio citizens to cast meaningful votes for eligible candidates. No right is more fundamental, more precious, or more basic. The right to vote is the very essence of mocratic society and it is this court's responsibility to guard against the impingement of that right in a case such as this with the very integrity of the entire election process at stake for years to come.
3.9 It is imperative that this court rule in favor of the writ because that's whats right. One justice system for all. The voters must know prior to the election that an affirmative vote for their candidate of choice is a vote for an eligible candidate that will not be overturned somewhere down the road.
4. Failure to resolve this issue prior to the election will demonstrably damage the public confidence in the government and the election process inconsistent with the goals implicit in the Ohio State Constitution and the US Constitution.
4.1 Millions of voters already realize she is not eligible. Its on the news shows regularly. If Biden and Harris were to win you can rest assured there will be people in the streets that are not there because they are happy. {See Exhibit F - F7 Voters unsure}.
4.2 Plaintiff submits that the Senate voted 99-0 in 2008 and several Senators stated on the Senate floor that the historical definition of a US natural born citizen as defined by the constitution is one who is born on US soil to two US citizen parents. Which is exactly what Vattel put forth that the founders applied to our laws. {See Exhibit G Senate Resolution on John McCain being a natural born citizen}
4.3 Plaintiffs position asserts that allowing an ineligible candidate harms all voters from all parties. Yes we can vote for any candidate but we need to know they are all legally eligible first. It violates our civil rights if they are not. It violates most all of our constitutional rights as our leader wouldn't be legal. To allow an ineligible candidate, knowing in advance that she is ineligible, which there is no doubt, destroys the very fabric of liberty and equal justice for all. The foundation of what this Country is founded on.
4.4 The liberal media like CNN are the ones promoting the concept of simply being born on US soil makes one Article II Sec.1 Cl.5 eligible.: Don Lemon Rips Trump’s Kamala Harris Birtherism: “A white man questioning a Black woman’s birthplace in America in 2020,” he said. “No other words but disgusting, racist. And purposely so.” The world understands she and the DNC have a problem . What Lemon doesn't understand is it isn't about where she was born it is about who she was born to and when. (See Exhibit F - F7 Racist Birthers)
4.5 Plaintiff submits this isn't about race or gender, its about protecting the Republic.
4.6 The founders wanted no foreigners to ever be Commander in Chief. A letter from John Jay, to General Washington discusses this subject and stated: "Permit me to hint, whether it would not be wise & seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government, and to declare expressly that the Command in Chief of the American army shall not be given to, nor devolved on, any but a natural born citizen".
4.7 RELIEF REQUESTED
4.8 The court could decide that the Democratic National Committee and Kamala Harris interpretation of Article II Sec.1 Cl.5 constitutional requirements raises serious issues of such sufficiently great public and national importance that the court will entertain the issues presented as a matter within this courts jurisdiction. In that case, the writ of mandamus, if granted, would issue directly to the Democratic National Committee, Warren County Ohio Democratic Party, Vice Presidential candidate Kamala Harris and Joe Biden.
4.9 Wherefore, Plaintiff respectfully prays that this court:
4.9.1 Grant injunctive relief in the form of a writ of mandamus requiring the Democratic National Committee and Vice-Presidential candidate Kamala Harris immediately explain exactly how they think, by law, a 14th amendment citizen known as an anchor baby, born to two foreign parents whose allegiance is to the countries they come from, in this case, Jamaica and India, is a natural born citizen. Since her place of birth and birth date are known then all that is necessary to remedy this problem is to have the dates of her parents naturalization. If both parents were not naturalized at the time of her birth then she is not eligible for the office. If not satisfactorily explained according the historical meaning of the term, born to American citizen parents, which was re-established in the US Senate as recently as April of 2008 then we wish to have her name removed from the Democratic ballot at least in the state of Ohio. If found to be deficient in her qualifications then we wish the Democratic National Committee to declare the candidate as not certified as she is not a valid candidate for the office of Vice-President of the United States of America under the United States Constitution, Article II, Section 1 Cl. 5.
5. CONCLUSION
5.1 If we waited for “after the election” to challenge a candidate's basic qualifications in court rather than ahead of time in an orderly manner through application process, which process demands minimal documentation by the candidate or at least in this case one that is being challenged by a citizen or a million citizen complaints, such an after the fact challenge would most certainly create a constitutional crisis and likely civil unrest of what magnitude no one knows, which civil unrest, rioting and burning would be due to wholesale loss of confidence in the veracity of the electoral process and government in general.
5.2 In particular the Democratic National Committee, candidate Kamala Harris, the FEC and the Head election officials in all 50 states and the entire electoral process would be impugned for dereliction of their constitutional duties,which duties are commonly expected by the people to be carried out transparently and with veracity without bias or party affiliation. {See Exhibit B - B3 More Chaos}
5.3 In no way would Plaintiffs demands for relief cause any undo hardship or difficulty for any valid candidate. The requests could be made and answered in no more than two or three days and the matter resolved to the satisfaction of plaintiff, the courts, the Founding Fathers and additional petitioners referenced.
5.4 No undue complexity or unwarranted intrusion would be added to the question of defendant(s) citizenship status since this is the first time in our 244 year history that a child, born of two foreign parents, an anchor baby, is running for the highest office in the land.
5.5 At no other time in our history has a child of two foreign parents holding allegiance to a foreign country from which they came, and none to America when the child is born is running for the highest office in our land, Commander in Chief. The Founders will roll over in their graves if this travesty is allowed to happen.
5.6 Considering the gravity of this matter at hand that could shake the underpinnings of the peoples confidence in the electoral system, with attended irrecoverable damage to that process by plaintiff and illions of other voters and subsequently to other persons and property should that failure of confidence result in civil unrest, Petitioner respectfully asks this court to take emergency action and to grant relief as outlined in this petition or such alternative forms of relief as the court deems prudent that would mitigate the real or potential damages plaintiff has herein described.
5.7 Plaintiff submits that by polluting our elections with ineligible candidates, plaintiff's civil and civic rights, as guaranteed in the constitution, as well as the civil and civic rights of all Americans are akened and polluted. Which will result in chaos and even anarchy as demonstrated in Portland, Oregon and Kenosha, WI. and elsewhere over constitutional guarantees being infringed upon.
Dated: September 22, 2020
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Respectfully submitted,
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Home phone
email:
Petitioner Pro Se
6. Declaration
I declare under penalty of perjury under the laws of the state of Ohio that the foregoing is true and correct.
Dated :
Signature of Lawyer or Moving Party WSBA
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Attached Exhibit A 1, A2, A3, A4 Chaos
Attached Exhibit B, B2, B3 More Chaos
Attached Exhibit C 2006 Ohio Revised Code
Attached Exhibit D 2020 Ohio Presidential Guidelines
Attached Exhibit E 2020 Ohio Candidacy Declaration
Attached Exhibit F - F7 Voters unsure about her eligibility
Attached Exhibit F - F7 Racists and Birthers
Attached Exhibit G 2008 Senate Resolution on NBC definition
Attached Exhibit DC1 Directive 2020-19
Attached Exhibit BoE1 BoE Letter
Attached Exhibit BoE2 BoE Response
Attached Exhibit SoS1 Letter to SoS