In Indiana it was Sen. Mike Delph who proposed SB114 to require candidates to provide a certified copy of their birth certificate and include an affirmation they meet the Constitution's requirements for the president.
It calls for the candidates "to certify that the candidate has the qualifications provided in Article 2, Section 1, Clause 5 of the Constitution" and accompany that certification with "a certified copy of the candidate's birth certificate, including any other documentation necessary to establish that the candidate meets the qualifications."
In also provides "that the election division may not certify the name of a nominee for president or vice president of the United States unless the election division has received a nominee's certification and documentation."
On his blog, commentator Gary Welsh observed that state law already requires the elections division to deny ballot access to unqualified candidates:
"However, it makes no provision for requiring candidates to furnish any evidence with their declaration of candidacy to indicate whether they are eligible to hold the office. Article II, Section 1 of the U.S. Constitution requires a person to be a natural born citizen, at least 35 years of age and have resided within the United States for at least 14 years in order to be eligible to be president. Under Delph's legislation, no major party candidate will be eligible for the Indiana presidential primary unless they file a declaration of candidacy attesting that he or she meets the constitutional eligibility requirements and furnish the state election's division with a certified copy of the candidate's birth certificate and any other evidence the Commission may require to establish the candidate satisfies the constitutional eligibility requirements."
He cited the "unprecedented" 2008 election, where "the candidates nominated by both major parties for president had questions raised by citizens about their eligibility, which resulted in dozens of lawsuits being filed across the country. Sen. John McCain's birth in Panama where his father was serving his country in the Navy led to lawsuits being filed against his candidacy, while questions about the birthplace of Barack Obama resulted in even more lawsuits being filed challenging his eligibility.
"Obama furnished to Factcheck.org what was purported to be a certified copy of his birth certificate [the online certification of live birth], although questions lingered about his natural born status because his father was not a U.S. citizen and persistent Internet rumors that he was actually born in Kenya and not Hawaii as he claimed."
But he said the issue was that neither candidate was "required to furnish any election authority with any document such as a birth certificate ... ."
He said, "After [Sen. John] McCain was nominated at the Republican National Convention, Republican officials filed with the elections division a certificate of nomination that attested both he and his vice presidential candidate, Sarah Palin, met the eligibility requirements set out in the U.S. Constitution. The certificate of nomination filed by Democratic Party officials for Obama and his running mate, Joe Biden, contained no similar attestation.
"Critics will no doubt poke fun at SB114 and label Delph and those who support it as 'birthers.' To them I say it is no more absurd than the documentary proof required under state law for persons seeking a driver's license, or requiring all registered voters to present a valid picture ID in order to cast a vote in person at an election. And it certainly is no more burdensome than evidence required of ordinary citizens in any number of transactions," he said.
On Welsh's blog, a forum participant wrote, "All I can say is he is the only president in my memory who has not only REFUSED to present medical records, tax records, birth records, college records, etc., but he has hired a battalion of lawyers who vigorously fight every effort to force him to. Why is he so secretive?"
Thursday, January 27, 2011
At Least 10 States Considering Ballot Access Legislation For Presidential Candidates
In the wake of the controversy during the 2008 presidential election concerning the constitutional eligibility of the two major party candidates for president that has persisted long after Obama's election, at least ten states are now actively considering legislation to require presidential candidates to provide evidence they meet the constitutional eligibility requirements in order to gain access to their state's election ballot. WND summarizes the legislation here. This is the part of the story discussing Indiana's SB 114, which is sponsored by Sen. Mike Delph (R-Carmel):