# State judge orders Pres. Obama to appear 1/26 in person w/ birth cert. to be on Georgia ballot? **URL:** \ **Category:** Politics & Elections\ **Created:** [January 22, 2012, 3:33am UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275 "2012-01-22T03:33:39Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Measure\_for\_Measure](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/measure_for_measure/32/557_2.png) [@Measure\_for\_Measure](https://boards.straightdope.com/u/Measure_for_Measure)\ **Post date:** [January 23, 2012, 2:23am UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/41 "2012-01-23T02:23:30Z")
Those who doubt whether the GOP traffics in Deep Crazy can peruse the following links. In the states, TPM reported in Nov 2010 that an unapologetic birther had become Majority Floor leader in the Missouri Republican House: [Category: Muckraker - TPM – Talking Points Memo](http://tpmmuckraker.talkingpointsmemo.com/2010/11/unapologetic_birther_is_new_mo_house_of_representatives_majority_leader.php) Last month nine GOP state reps in New Hampshire signed an election law complaint against Obama, saying he shouldn’t be on the Democratic primary ballot in New Hampshire: [http://www.salon.com/2011/12/05/nine\_nh\_republicans\_help\_birther\_cause/](http://www.salon.com/2011/12/05/nine_nh_republicans_help_birther_cause/) And let’s not forget Donald Trump basing his Presidential race on the birth certificate issue last year. The conservative David Frum asks why, “…with rare exceptions, leading Republicans from the Speaker of the House downward played games with the birther issue.” He contrasts this nuttery with Bill Clinton’s forthright dressing down of those who thought 9/11 was a governmental conspiracy: [Clinton] told people who continued to defy reality that they “looked like idiots.” He added for good measure: “We heard from you. You go away.” Loonies have a home in the Republican party. [http://www.frumforum.com/why-didnt-the-gop-stand-up-to-the-birthers](http://www.frumforum.com/why-didnt-the-gop-stand-up-to-the-birthers) ---
**Author:** ![Linden\_Arden](https://avatars.discourse-cdn.com/v4/letter/l/53a042/32.png) [@Linden\_Arden](https://boards.straightdope.com/u/Linden_Arden)\ **Post date:** [January 23, 2012, 2:57am UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/42 "2012-01-23T02:57:44Z")
I am certain that Oily Taint (sp?) was held in contempt of court in Columbus Ga and fined $20,000. ---
**Author:** ![foolsguinea](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/foolsguinea/32/14751_2.png) [@foolsguinea](https://boards.straightdope.com/u/foolsguinea)\ **Post date:** [January 23, 2012, 3:22am UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/43 "2012-01-23T03:22:29Z")
The judge is named Michael Malihi? Is that some kind of Iranian name? ---
**Author:** ![Shalmanese](https://avatars.discourse-cdn.com/v4/letter/s/45deac/32.png) [@Shalmanese](https://boards.straightdope.com/u/Shalmanese)\ **Post date:** [January 23, 2012, 4:00am UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/44 "2012-01-23T04:00:14Z")
> [@Measure\_for\_Measure](#): > > The difference is that Democrats would agree that those nutters were indeed nuts. There would be no need for McCain to release his long form birth certificate. The Dems marginalized their crazies during the 1970s and 1980s. Republicans did the opposite: they branded their moderates as RINOs and ran them out of office. No, our crazies shot their wad on trying to prove that 9/11 was an inside job. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [January 23, 2012, 6:15am UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/45 "2012-01-23T06:15:15Z")
> [@Polycarp](#): > > Not precisely the question you asked, but I’m fairly sure that the Conference of the Supreme Court determined that O.T.;s cert. petitions were “frivolouis” (in the legal sense), and hence would not be heard. > > I cannot locate the cite at present, but it sticks with me that this happened because Clarence Thomas was unfairly criticized for his role in it. One justice – IIRC Ginsberg, but I’m not certain of this – received a petition to grant cert. from Orly & Co., accompanied with a request for a preliminary injunction barring further lower court action (which would be a ruling against her) until SCOTUS granted cert. This was denied. So she proceeded to send the same paperwork to Thomas. Following an interior rule of SCOTUS when a cert. petitioner is “justice shopping” – trying to get one of the nine to act in the way he/she wants – he properly brought the matter up in conference, which decided to deem such suits frivolous and unwarranted. The effect of this is to bar Orly and her proteges from bringing the case to SCOTUS again. > > Now in my personal opinion that would constitute precedent which other courts should follow when faced with Birther cases. But I admit I don’t know procedure here well enough to say that as a legal assertion. Thomas’s referral to the full Court was discussed in this thread, starting at post 56: [Alan Keyes is suing Obama](http://boards.straightdope.com/sdmb/showthread.php?t=493707). However, Taint was not involved in that matter; the case was Dinofrio v Wells. Dinofrio was another nutter birther. ---
**Author:** ![amanset](https://avatars.discourse-cdn.com/v4/letter/a/8dc957/32.png) [@amanset](https://boards.straightdope.com/u/amanset)\ **Post date:** [January 23, 2012, 10:31am UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/46 "2012-01-23T10:31:33Z")
> [@carnut](#): > > But it is also a nickname for Oreland, a Nordic name. Is it? In Sweden I can only find reference to it as a surname and looking into it for Denmark and Norway doesn’t find much either (although I am worse at that). The highly scientific method of searching on Facebook only seems to show people with it as a surname too. ---
**Author:** ![Aro](https://avatars.discourse-cdn.com/v4/letter/a/b3f665/32.png) [@Aro](https://boards.straightdope.com/u/Aro)\ **Post date:** [January 23, 2012, 4:03pm UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/47 "2012-01-23T16:03:03Z")
Stupid question - Assuming the above came to pass, could Obama just say ‘Suck mine, Georgia!’ and simply not be on the ballot there, binning 16 EC votes? (considering he is unlikely to win any EC votes in the state anyhow) Has a sitting president ever not appeared on a ballot in any state in a reelection campaign? ---
**Author:** ![Jas09](https://avatars.discourse-cdn.com/v4/letter/j/d07c76/32.png) [@Jas09](https://boards.straightdope.com/u/Jas09)\ **Post date:** [January 23, 2012, 4:09pm UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/48 "2012-01-23T16:09:08Z")
> [@Aro](#): > > Has a sitting president ever not appeared on a ballot in any state in a reelection campaign? Well, it depends on how you want to classify “state”. In 1864, Lincoln did not appear on many state’s ballots. ---
**Author:** ![Gagundathar](https://avatars.discourse-cdn.com/v4/letter/g/a183cd/32.png) [@Gagundathar](https://boards.straightdope.com/u/Gagundathar)\ **Post date:** [January 23, 2012, 4:12pm UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/49 "2012-01-23T16:12:04Z")
Does the state of Georgia have the ability to deny a sitting POTUS to be included in the balloting? Which agency of the state would do that? The legislature? The judiciary? The executive? ---
**Author:** ![Great\_Antibob](https://avatars.discourse-cdn.com/v4/letter/g/e47c2d/32.png) [@Great\_Antibob](https://boards.straightdope.com/u/Great_Antibob)\ **Post date:** [January 23, 2012, 4:37pm UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/50 "2012-01-23T16:37:10Z")
> [@Gagundathar](#): > > Does the state of Georgia have the ability to deny a sitting POTUS to be included in the balloting? In theory, yes. Obama is NOT necessarily the Democratic nominee on the national ballot and still has to go through the formalities of getting his name on the ballots on all 50 states as the Democratic nominee. That’s true for all sitting Presidents running for re-election. So, that means each of the Democratic candidates (and there’s more than 1 this year) has to go through the full formal procedure of getting on the ballot for primaries. A few Republican candidates had some issues with this in Virginia not too long ago. But it’s nearly a given that a political party will nominate a sitting President from its own party and get lots of Party support for the run, so this is more of a sad/funny situation than anything else. ---
**Author:** ![Lobohan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lobohan/32/79_2.png) [@Lobohan](https://boards.straightdope.com/u/Lobohan)\ **Post date:** [January 23, 2012, 4:37pm UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/51 "2012-01-23T16:37:10Z")
> [@Alley\_Dweller](#): > > I have a copy of my birth certificate stamped by the registrar of births, but I have no idea if it is long form or short form. One thing to note is that “long form” birth certificates don’t really exist. They aren’t something a normal person gets or needs for any reason whatsoever. A certified copy of a birth certificate is all anyone in America has ever had to use ever. The “long form” is simply the archival copy from the state. Not the certified copy they make with the information from the long form. The racist dirtbags who called for his long form were asking for something that no American (as far as I know) has ever had to produce before. It’s like if a cop asks you for proof of insurance and demands that you show him the internal document your insurance company keeps on file with your details. The insurance card is supposed to be enough, but the Tea Baggers really don’t want to admit that there is a black president. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [January 23, 2012, 9:14pm UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/52 "2012-01-23T21:14:04Z")
> [@Aro](#): > > Stupid question - > Assuming the above came to pass, could Obama just say ‘Suck mine, Georgia!’ and simply not be on the ballot there, binning 16 EC votes? (considering he is unlikely to win any EC votes in the state anyhow) Remember this is for the primary, so we’re only talking about Democratic party delegates. But yes, he could ignore it and count on the rest of the party to nominate him. (Which would be very likely.) It’s not required to be in (or even win) the primaries to be your party’s nominee; they can nominate whoever the hell they want. But in practice the delegates will vote for who they’re expected to vote for. Whoever the party nominates then has to go through the whole rigamarole again to get on the ballot in the general election. > [@Gagundathar](#): > > Does the state of Georgia have the ability to deny a sitting POTUS to be included in the balloting? Sure. > [@](#): > > Which agency of the state would do that? Ballot eligibility is a matter of state law, so whatever agency the legislature has empowered with regulating election would do it. In most states that’s the Secretary of State’s office or some kind of commission. ---
**Author:** ![brocks](https://avatars.discourse-cdn.com/v4/letter/b/7feea3/32.png) [@brocks](https://boards.straightdope.com/u/brocks)\ **Post date:** [January 24, 2012, 2:09am UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/53 "2012-01-24T02:09:22Z")
> [@jasg](#): > > Something left on bed sheets after unspecified sexual acts? No, that’s santorum. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 24, 2012, 3:26pm UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/54 "2012-01-24T15:26:19Z")
> [@Gagundathar](#): > > Does the state of Georgia have the ability to deny a sitting POTUS to be included in the balloting? > Which agency of the state would do that? > The legislature? > The judiciary? > The executive? The executive. Malihi is an administrative court judge. Under Georgia law (and that of most states), eligibility of candidates for office is a matter of administrative law; administrative courts are part of the executive, rather than the judiciary. Of course, there would certainly be an appeal, which would be handled by the normal judicial process. Whether Georgia has the ability to keep Obama off its general election (rather than primary) ballots is a bit murkier. It’s a federal question, so the decision of a Georgia court would be subject to review by federal courts. The really fun part? The federal court review would probably take place in Georgia’s Middle District - the same circuit where Orly Taitz was fined $20 grand in 2009 for [abuse of the judicial process](http://en.wikipedia.org/wiki/Clay_D._Land). ---
**Author:** ![Accidental\_Martyr](https://avatars.discourse-cdn.com/v4/letter/a/ce7236/32.png) [@Accidental\_Martyr](https://boards.straightdope.com/u/Accidental_Martyr)\ **Post date:** [January 24, 2012, 7:17pm UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/55 "2012-01-24T19:17:38Z")
> [@Gagundathar](#): > > Egads. > > As a Georgian, I am embarrassed at this. > How can this have gone on so long? > If McCain had be elected would some weirdos be pursuing him with legal challenges about how he was born in the Canal Zone? No. McCain is white. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [January 24, 2012, 7:39pm UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/56 "2012-01-24T19:39:39Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Whether Georgia has the ability to keep Obama off its general election (rather than primary) ballots is a bit murkier. It’s a federal question, so the decision of a Georgia court would be subject to review by federal courts. > > The really fun part? The federal court review would probably take place in Georgia’s Middle District - the same circuit where Orly Taitz was fined $20 grand in 2009 for [abuse of the judicial process](http://en.wikipedia.org/wiki/Clay_D._Land). I keep thinking back to when the whole birther issue came up in 2008 and no one quite knew whose job it was to ensure that the President was actually constitutionally qualified to hold office. I think consensus was that it was up to the states, but that doesn’t sound right since most (all?) states allow non-NBCs on the ballot with the assuption that their vice-president elect would actually become president (I can hunt up cites if you actually need them). Also remember that when Arizona was considering a law requiring all presidential candidates to prove their eligibility for the office, it was lambasted as a racist move and I believe the bill died in the assembly. So let’s try this again. Whose job is it to determine that the person running for/takes the office of President is constitutionally eligible for that office? The Feds or the States? ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 24, 2012, 7:51pm UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/57 "2012-01-24T19:51:19Z")
It’s the state’s job to determine whether the person is eligible to appear on their ballots. It’s the feds’ job to determine whether the person is eligible to take office. The Arizona bill wasn’t lambasted as racist. It was lambasted as stupid, because it was clearly drafted by birthers (required the “long form” birth certificate, etc.) It also didn’t die in the assembly; it passed the house (for a second time) and senate and was vetoed by the governor. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [January 24, 2012, 8:05pm UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/58 "2012-01-24T20:05:28Z")
> [@Really\_Not\_All\_That\_Bright](#): > > It’s the state’s job to determine whether the person is eligible to appear on their ballots. It’s the feds’ job to determine whether the person is eligible to take office. > > The Arizona bill wasn’t lambasted as racist. It was lambasted as stupid, because it was clearly drafted by birthers (required the “long form” birth certificate, etc.) It also didn’t die in the assembly; it passed the house (for a second time) and senate and was vetoed by the governor. Thanks. I knew it was on its way through the process and suddenly was gone and the last I had heard it was coming to a vote in the Assembly. So since states do allow known non-NBCs on their ballot, what would happen if one won and then wanted to take the oath of office? Whose job would it be to step in? ---
**Author:** ![Ibn\_Warraq](https://avatars.discourse-cdn.com/v4/letter/i/e19b73/32.png) [@Ibn\_Warraq](https://boards.straightdope.com/u/Ibn_Warraq)\ **Post date:** [January 24, 2012, 8:11pm UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/59 "2012-01-24T20:11:13Z")
> [@Accidental\_Martyr](#): > > No. McCain is white. Agreed. However, at least in that event a challenge might have made some logical sense because McCain actually was born in the Canal Zone while Obama was not born in Kenya. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [January 24, 2012, 8:18pm UTC](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275/60 "2012-01-24T20:18:12Z")
> [@Saint\_Cad](#): > > So since states do allow known non-NBCs on their ballot, what would happen if one won and then wanted to take the oath of office? Whose job would it be to step in? Congress. It’s their job to certify the Electoral College vote. As a matter of real policy, it would be the federal courts’ job; some state would have to leave a candidate off its ballot and force him or her (okay, him) to seek legal recourse. [Previous page](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275.md?page=2) [Next page](https://boards.straightdope.com/t/state-judge-orders-pres-obama-to-appear-1-26-in-person-w-birth-cert-to-be-on-georgia-ballot/610275.md?page=4)