Texas Secretary of State Addresses Question about Presidential Eligibility

Update: Texas Secretary of State Addresses Question about Presidential Eligibility

AND CITES THE U.S. CONSTITUTION!

by Sharon Rondeau

In 1836, Texas gained independence from Mexico, declaring itself a Republic. It sided with the Confederacy during the Civil War.

(Feb. 4, 2011) — A citizen contacted the Texas Secretary of State, Hope Andrade, whose responsibility it is to oversee the Elections Division.  According to its website, the Secretary of State “provides assistance and advice to election officials on the proper conduct of elections.”

From: Redacted

Sent: Thursday, January 20, 2011 12:54 PM
To: Elections Internet
Subject: Qualification to run for Office of The Presidency of The United States

Texas Board of Elections,

What are the qualifications to be President of The United States. It is not displayed on the Texas Board of Elections webpage.

My Request is that all Candidacy qualification remain throughout the year for educational purposes.

And the Elections Office responded:

From: Elizabeth Winn <EHanshawWinn@sos.state.tx.us>

Subject: FW: Qualification to run for Office of The Presidency of The United States – Maroney (EHW)
To: Redacted
Cc: “Kim Beal” <KBeal@sos.state.tx.us>
Date: Thursday, February 3, 2011, 3:48 PM

As you may know, the President of the United States is up for election every 4 years.  The next general election for this office will be in November 2012.  The requirements to run for President of the United States are outlined in Article 2, Section 1 of the United States Constitution.  A candidate for this office must be:

1.    A natural born Citizen of the United States ;

2.    At least 35 years old; and

3.    A resident within the United States for at least 14 years.

The Texas Legislature is currently in session, which is why there is an absence of information on our website.  Additionally, because of the federal MOVE Act (to help military and overseas voters vote), Texas has a challenge of revisiting it primary dates and filing deadlines to accommodate the 45 day deadline for mailing ballots to this group.  Therefore, we will likely see some changes in the candidate filing process before the session ends late May of 2011..

We hope that this information answers your questions. If you need additional assistance, please e-mail or contact the elections division toll-free at 1-800-252-8683 (VOTE).

Elections Division Staff

Texas Secretary of State

1-800-252-8683

Elections@sos.state.tx.us

Full contact information for Texas Elections Division personnel can be located here.  A Texas state representative, Leo Berman, introduced a bill in the legislature which would amend the state’s election code such that candidates for president and vice president would be required to submit their original birth certificates in order to have their names placed on the ballot.  If adopted, HB 295 would take effect on September 1, 2011.

Berman’s represents the 6th District which is detailed here.  In regard to Barack Hussein Obama, who has failed to reveal his original, long-form birth certificate as well as other documentation about his history, Berman stated:

This bill is necessary because we have a president whom the American people don’t know whether he was born in Kenya or some other place.” If you are running for president or vice president, you’ve got to show here in Texas that you were born in the United States and the birth certificate is your proof.

A retired Lt. Colonel in the U.S. Army, Berman won re-election in his district in 2010 by garnering 86.86% of the vote.  He is originally from New York City.

A follow-up letter was sent by the same citizen to the Texas Elections Office:

2/6/2011

To: Texas Election Division,Texas Secretary of State,

I was hoping that your response letter would answer my question for the qualification of the United States Presidency, however it did only in part.

I do understand the qualifications for the Presidency of Article 2 Section 1 when stated ” at least 35 years of age”.

I do understand the qualifications for the Presidency of Article 2 Section 1 when stated ” A resident within the United States for at least 14 years. “

But when it comes to the qualification of the President in Article 2 Section 1 when stated  ” No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President “; Your answer is still not clear and since you are in charge of the Elections in Texas you most certainly understand the qualifications to run for Office within Texas.

The Architect’s of the United States Constitution showed a distinct difference between a ” Citizen “ and a ” natural born Citizen ” that is stipulated in Article 2 Section 1.

To only be a Citizen and become President of the United States you would of had to of been ” alive at the time of the Adoption of this Constitution ” and still alive today. Since all those Citizens at the time of the Adoption of the Constitution are not alive today, now one must be a natural born Citizen.

The 14 Amendment defines ” citizen “ as born or naturalized in the United States. So what is the meaning of Article 2 Section 1 natural born Citizen since a Citizen and a natural born Citizen are not one and the same as you can see in Article 2?

Can a child of two Illegal Aliens that is born in Texas run for the Presidency of the United States since that child is a 14 Amendment citizen?

I might run for The Presidency of The United States of America and I need to know if I qualify. I need to know if I am an Article 2 natural born Citizen as intended by the founding fathers of this Great Country.

Sincerely,

Creg Maroney

The Post & Email will be reporting on any response which Mr. Maroney receives from the Texas Elections Office which might attempt to define the term “natural born Citizen.”

Update, February 8, 2011: The following response was received on February 7, 2011 from the Texas Elections Division:

Mr. Maroney,

The following Section 1401 of Title 8 of the United States Code defines “citizens of the United States at birth.”  Please note that our office has no authority to or expertise in interpreting United States law or the Constitution; therefore, we are providing this information simply to guide you further.  We recommend speaking to a federal official or legal counsel who is qualified to interpret provisions of the United States Constitution.

Sec. 1401. Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States , and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian , or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United

States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States ;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States , or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical- presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

Section 1401 of Title 8 of the United States Code may also be found here – http://uscode.house.gov/search/criteria.shtml

Mr. Maroney then sent another inquiry:

From: Creg MaroneySubject: Re: FW: FW: Qualification to run for Office of The Presidency of The United States – Maroney (EHW)
To: “Elizabeth Winn” <EHanshawWinn@sos..state.tx.us>
Date: Tuesday, February 8, 2011, 9:38 AM
To: Texas Election Division, Texas Secretary of State,

Section 1401 of Title 8 of the United States Code defines “citizens of the United States at birth.

My questions are quite simple for those in charge of elections throughout the State of Texas.

Are those citizens defined in Section 1401 of Title 8 United States Code eligible for the Ballot and will be placed on the Ballot in Texas to run for The Presidency and Vice President of The United States?

Are those citizens defined in Section 1401 of Title 8 United States Code  eligible for the candidacy on any Ballot in Texas ” except ” for The Presidential and Vice President?

Sincerely,

Creg Maroney