Nebraska Legislative Bill 654

Loren
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Nebraska Legislative Bill 654

#1

Post by Loren » Wed Jan 26, 2011 10:30 pm

Look no further: Nebraska has given us our first Vattelite birther bill.[/break1]gov/FloorDocs/Current/PDF/Intro/LB654.pdf]http://nebraskalegislature.gov/FloorDoc ... /LB654.pdfHere's the relevant language from the bill stating what is to be required of candidates in Presidential elections. Note: I'm not breaking the paragraph rule, because what follows is just paragraphs 4-6 of the bill. 4 (4) Each person who wishes to have his or her name placed5 on the general election ballot as a candidate for President or Vice6 President of the United States shall first meet the eligibility7 requirements of Article II, section 1, of the Constitution of the8 United States. Such person shall submit an affidavit to the Secretary9 of State along with supporting documentation as specified in10 subsections (5) and (6) of this section by September 8 of the year in11 which the election is scheduled. The affidavit and supporting12 documentation shall be a public record.13 (5) The affidavit shall be sworn or affirmed before a14 notary public and shall contain statements substantially as follows:15 I was born a citizen of the United States of America and16 was subject exclusively to the jurisdiction of the United States of17 America, owing allegiance to no other country at the time of my18 birth. On the day I was born, both my birth mother and birth father19 were citizens of the United States of America. As further evidence of20 the above statements, I have attached the items required in21 subsection (6) of this section.22 As of inauguration day, ........ (insert year office will23 be assumed upon election), I will have obtained the age of thirty24 five years and will have resided in the United States of America for25 at least fourteen years, including the following periods at the1 corresponding address(es)(add additional sheets if necessary):2 (6)(a) Each candidate for President or Vice President of3 the United States shall (i) attach documents as indicated in each of4 the three requirements in the following subdivisions, some of which5 require multiple documents, (ii) state in the affidavit which6 required documents are attached that meet such requirements, and7 (iii) include in the affidavit, statements substantially as indicated8 in this subsection as applicable.9 (b) Requirement number one: One of the following in10 subdivision (i) or (ii) of this subdivision:11 (i) A certified copy of my first original long-form birth12 certificate issued shortly after the time of my birth; or13 (ii) Only if the document described in subdivision (i) of14 this subdivision is not obtainable under the laws of the state that15 issued my birth certificate, then both documents described in16 subdivisions (A) and (B) of this subdivision:17 (A) A certified copy of my certification of live birth18 which includes the names of my birth parents who are listed on my19 first original long-form birth certificate issued shortly after the20 time of my birth; and21 (B) A sworn and acknowledged affidavit by me stating that22 my parents names contained on my certification of live birth are the23 same birth parent names as contained on my first original birth24 certificate;25 (C) Requirement number two: One of the following in1 subdivision (i) or (ii) or (iii) or (iv) or (v) of this subdivision:2 (i) A certified copy of my birth mother's long-form birth3 certificate indicating her United States citizenship;4 (ii) Only if the document described in subdivision (i) of5 this subdivision is not obtainable under the laws of the state that6 issued my mother's birth certificate, then both documents described7 in subdivisions (A) and (B) of this subdivision:8 (A) A certified copy of my mother's certification of live9 birth indicating her United States citizenship; and10 (B) A sworn and acknowledged affidavit by me stating my11 mother's place of birth as denoted on her long-form birth certificate12 and stating that her parents names contained on her certification of13 live birth are the same parent names as contained on her long-form14 birth certificate;15 (iii) My birth mother's Certificate of United States16 Naturalization showing she obtained United States citizenship prior17 to my date of birth;18 (iv) My birth mother's Certificate of United States19 Citizenship showing she obtained United States citizenship prior to20 my date of birth; or21 (v) Certified copies of documents that indicate my mother22 was a United States citizen prior to my birth, being the same23 documents as those required to obtain a Certificate of United States24 Citizenship; and25 (c) Requirement number three: One of the following in1 subdivision (i) or (ii) or (iii) or (iv) or (v) or (vi) of this2 subdivision:3 (i) A certified copy of my birth father's long-form birth4 certificate indicating his United States citizenship;5 (ii) Only if the document described in subdivision (i) of6 this subdivision is not obtainable under the laws of the state that7 issued my father's birth certificate, then both documents described8 in subdivisions (A) and (B) of this subdivision:9 (A) A certified copy of my father's certification of live10 birth indicating his United States citizenship; and11 (B) A sworn and acknowledged affidavit by me stating my12 father's place of birth as denoted on his long-form birth certificate13 and stating that his parents names contained on his certification of14 live birth are the same parent names as contained on his long-form15 birth certificate;16 (iii) My birth father's Certificate of United States17 Naturalization showing he obtained United States citizenship prior to18 my date of birth;19 (iv) My birth father's Certificate of United States20 Citizenship showing he obtained United States citizenship prior to my21 date of birth;22 (v) Certified copies of documents that indicate my father23 was a United States citizen prior to my birth, being the same24 documents as those required to obtain a Certificate of United States25 Citizenship; or1 (vi) A sworn and acknowledged affidavit by me stating2 that (A) no father is listed on my first original long-form birth3 certificate, (B) I do not know who my birth father is and (C) I have4 no reason to believe my birth father was not a United States citizen5 at the time of my birth.Oh yes, it's a 'two-citizen-parent' birther bill. It's not just imposing an onerous standard of proof on Presidential candidates like all those other bills; it's making up new requirements that only birthers believe in.

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realist
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Nebraska Legislative Bill 654

#2

Post by realist » Wed Jan 26, 2011 11:24 pm

:shock: That'll pass constitutional muster for about 5 seconds. ](*,) ](*,)Hell, that doesn't even pass common sense muster. [-(
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PatGund
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Nebraska Legislative Bill 654

#3

Post by PatGund » Wed Jan 26, 2011 11:52 pm

:shock: That'll pass constitutional muster for about 5 seconds. ](*,) ](*,)Hell, that doesn't even pass common sense muster. [-(You think it will take *that* long???The only thing I can think of is that a) the author knows damn well this won't past any form of legal sniff test so they'll throw a bone to the birthers and go "see, we *tried*!!"or b) the author is dumber than a Yugo full of anvils.

rajah
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Nebraska Legislative Bill 654

#4

Post by rajah » Mon Jan 31, 2011 6:26 am

Question!If one of these "Birfer" Bills becomes law, who can challenge and when can it be challenged in court. Can anyone challenge or does it it have to be a candidate.Could President Obama challenge as soon as the bill becomes law or would he have to wait until he actually applies to be on the ballot and it is refused.I see that in one bill the application to be on the ballot closes on Sept 8th of election year. That doesn't leave much time for a challenge before the election.Regards .............Dick

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mimi
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Nebraska Legislative Bill 654

#5

Post by mimi » Mon Jan 31, 2011 8:50 am

oh wow! Who's Your Daddy?; or1 (vi) A sworn and acknowledged affidavit by me stating2 that (A) no father is listed on my first original long-form birth3 certificate, (B) I do not know who my birth father is and (C) I have4 no reason to believe my birth father was not a United States citizen5 at the time of my birth. :P My parents aren't listed on my birth certificate (COLB or whatever it is). I wonder if I'm adopted? :-? Though I do share some familial traits with my siblings. Hey, their parents aren't listed on their birth certificates either. :-? Oh what a tangled web.

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Addie
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Nebraska Legislative Bill 654

#6

Post by Addie » Mon Jan 31, 2011 10:56 am

I'm unable to connect here:[/break1]gov/FloorDocs/Current/PDF/Intro/LB654.pdf]http://nebraskalegislature.gov/FloorDoc ... /LB654.pdfAnyone else have this problem?
Democracy is a garden that has to be tended. -Barack Obama

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realist
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Nebraska Legislative Bill 654

#7

Post by realist » Mon Jan 31, 2011 10:58 am

I'm unable to connect here:[/break1]gov/FloorDocs/Current/PDF/Intro/LB654.pdf]http://nebraskalegislature.gov/FloorDoc ... /LB654.pdfAnyone else have this problem?Works for me, Adelante.
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mimi
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Nebraska Legislative Bill 654

#8

Post by mimi » Mon Jan 31, 2011 11:08 am

The link works for me.It's 14 pages long, else I would post. This pdf won't open or download for you?[/break1]gov/FloorDocs/Current/PDF/Intro/LB654.pdf]http://nebraskalegislature.gov/FloorDoc ... /LB654.pdfOther site tells me:History2011-01-21 - Referred to Government, Military and Veterans Affairs Committee2011-01-19 - Date of introduction[/break1]com/gaits/NE/LB654]http://e-lobbyist.com/gaits/NE/LB654

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Addie
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Nebraska Legislative Bill 654

#9

Post by Addie » Mon Jan 31, 2011 11:45 am

This is what I get:The connection has timed out The server at nebraskalegislature.gov is taking too long to respond.I can probably figure it out from what's in the thread. Perhaps Jack Ryan will build a birfer legislation collection on Scribd when he has time. ;;)
Democracy is a garden that has to be tended. -Barack Obama

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Addie
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Nebraska Legislative Bill 654

#10

Post by Addie » Mon Jan 31, 2011 12:10 pm

To get a [/break1]dmv.ne.gov/examining/pdf/verificationdocs.pdf]driver's license in Nebraska:





2. A certified birth certificate issued by a State Government Office. Individuals presenting city or county birth certificates may be asked to provide additional identification documents. Hospital issued birth certificates cannot be accepted nor can Puerto Rican birth certificates issued prior to September 30, 2010.
Democracy is a garden that has to be tended. -Barack Obama

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Welsh Dragon
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Nebraska Legislative Bill 654

#11

Post by Welsh Dragon » Mon Jan 31, 2011 2:35 pm

This is what I get:The connection has timed out The server at nebraskalegislature.gov is taking too long to respond.I can probably figure it out from what's in the thread. Perhaps Jack Ryan will build a birfer legislation collection on Scribd when he has time. ;;)I'm working on a Birther Bill scorecard - it's taking longer than I expected because of other things going on but it'll get finished sometime this week (probably Wednesday). I'm going to put at least some of Bills on my Scibd Page and sense Adie's having trouble with this one here's a link to my Scribd copy:[/break1]scribd.com/doc/47903318/Nebraska-LB654-2011-Christens-En] the 'scorecard' I'm doing incorporates a checklist of the requirements of each bill.

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Addie
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#12

Post by Addie » Mon Jan 31, 2011 2:36 pm

Thank you, WD :)
Democracy is a garden that has to be tended. -Barack Obama

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#13

Post by BFB » Mon Jan 31, 2011 3:34 pm

My state legislature has an Office of Legislative Services, through which all proposed bills must pass. The OLS checks to make sure they're properly written and can survive legal challenges. I guess all states don't have this kind of thing?? :-k

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Sterngard Friegen
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#14

Post by Sterngard Friegen » Mon Jan 31, 2011 3:35 pm

My state legislature has an Office of Legislative Services, through which all proposed bills must pass. The OLS checks to make sure they're properly written and can survive legal challenges. I guess all states don't have this kind of thing?? :-kWhat's the OLS's batting average?

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#15

Post by rajah » Mon Jan 31, 2011 5:28 pm

Question!If one of these "Birfer" Bills becomes law, who can challenge and when can it be challenged in court. Can anyone challenge or does it it have to be a candidate.Could President Obama challenge as soon as the bill becomes law or would he have to wait until he actually applies to be on the ballot and it is refused.I see that in one bill the application to be on the ballot closes on Sept 8th of election year. That doesn't leave much time for a challenge before the election.Regards .............DickDoes anyone know the answer to this. I ask this as a non American and non lawyer. I am assuming that you cant appeal a law until it affects you. Answer please someone!Regards ..........Dick

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Sterngard Friegen
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Nebraska Legislative Bill 654

#16

Post by Sterngard Friegen » Mon Jan 31, 2011 5:42 pm

Question!If one of these "Birfer" Bills becomes law, who can challenge and when can it be challenged in court. Can anyone challenge or does it it have to be a candidate.Could President Obama challenge as soon as the bill becomes law or would he have to wait until he actually applies to be on the ballot and it is refused.I see that in one bill the application to be on the ballot closes on Sept 8th of election year. That doesn't leave much time for a challenge before the election.Regards .............DickDoes anyone know the answer to this. I ask this as a non American and non lawyer. I am assuming that you cant appeal a law until it affects you. Answer please someone!Regards ..........DickThere are 51 systems of law here in the U.S., Rajah, so answering a question untethered to any state or federal law is perilous.In California (where there will be no birfer bill), the law could be challenged by someone with standing (possibly simply a voter) on the grounds it imposed qualifications on presidential candidates for whom the plaintiff could vote (or for the electors for such) which were unconstitutional. If other states permit pre-application challenges, they will be made. And I suspect challenges (seeking to enjoin the statutes in question) can be made in state or federal court.

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#17

Post by rajah » Mon Jan 31, 2011 6:23 pm

Thanks Stern, That gives me some idea what to look forRegards .............Dick

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#18

Post by BFB » Fri Feb 04, 2011 6:06 pm

Orly just noticed:Birther kingdom is growing. NE is the 13 th state to file eligibility bill. A couple more states should be filing. I need my supporters from SC, MN and PA to call me at 949-683-5411

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#19

Post by bob » Fri Feb 04, 2011 6:17 pm

I like how she still can't get the number of states right.
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Welsh Dragon
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#20

Post by Welsh Dragon » Fri Feb 04, 2011 6:25 pm

Orly just noticed:Birther kingdom is growing. NE is the 13 th state to file eligibility bill. A couple more states should be filing. I need my supporters from SC, MN and PA to call me at 949-683-5411Hmm PA I understand, SC had a failed bill in 2009 so it wouldn't surprise me if someone tried again but MN - that the first hint I've had about there. What's Orly know that I don't know? :-k

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#21

Post by twinx » Sat Feb 05, 2011 12:05 pm

Christensen said he was motivated to sponsor the bill after receiving two or three e-mails from constituents who are concerned about the persistent rumors that President Barack Obama is not a citizen. [snip] "Whenever you have alarge amount of citizens who have doubts, it hurts our government. It hurts the integrity of the government," Christensen said.A commenter replies Since when does "receiving two or three e-mails from constituents" constitute "a large amount of citizens who have doubts"? If my wife, my son and I email him stating that we think he's a nutjob, will he introduce a bill banning nutjobs from holding office? Sure would create a lot of vacancies! =)) John Gruhl, a University of Nebraska-Lincoln political science professor who specializes in constitutional law, called Christensen's bill "puzzling." "Parents don't have to be citizens for their children to be citizens," Gruhl said. "So what's the point of this provision? To embarrass a candidate whose parents aren't citizens? To discourage a candidate from running in the first place, so his parents aren't exposed?"Another Birther Oblivious constitutional scholar who forgot all about Vattel. :shock: 8-) [/break1]mccookgazette.com/story/1700284.html]http://www.mccookgazette.com/story/1700284.html

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#22

Post by izzybella » Sat Feb 05, 2011 5:57 pm

The two parent thing is absurd. What if a woman who has never even left the USA is raped and impregnated by someone who is not legally in the country. So, her child would not be considered a natural born citizen? That's ridiculous.

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#23

Post by Loren » Sat Feb 05, 2011 7:19 pm

Here's a funny thing I missed about this bill the first time. The last clause I quoted above is this:1 (vi) A sworn and acknowledged affidavit by me stating2 that (A) no father is listed on my first original long-form birth3 certificate, (B) I do not know who my birth father is and (C) I have4 no reason to believe my birth father was not a United States citizen5 at the time of my birth.There is no parallel clause under the portion demanding a birth certificate from the mother. So if you want to run for President in Nebraska, and you're an orphan or adoptee who does not know the identity of your birth mother...sorry!

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Welsh Dragon
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#24

Post by Welsh Dragon » Fri Feb 18, 2011 5:16 pm

Nebreska's Vattelist birther bill is scheduled for a committee hearing on March 10th.

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