MERONI v McHENRY COUNTY GRAND JURY (09mr399) - 09 - Amended Filing: Motion to Set Aside and Motion for Exception (Jan. 20, 2010)

8/14/2019 MERONI v McHENRY COUNTY GRAND JURY (09mr399) - 09 - Amended Filing: Motion to Set Aside and Motion for E

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Illinois board of electionsTWENTY-SECOND JUDICIAL CIRCUIT(Second Appellate District)FOR MCHENRY COUNTY, ILLINOIS

Chalice Jackson)lvlCJulftNETWORK, )INC., Members JOI-IN DOES and JANE )DOES 1-20, Registered Voters and Members )of PATRIOT'S HEART MEDIA NETWORK, )INC., (728 NW HWY, Fox River Grove, IL )6002 I 847-304-8800) )

Petitions,

MCHENRY COUNTY GRAND JURY )FOREMAN AND GRAND JURY MEMBERS)

Case No.:

/heCi!);!!t!;MAMENDED FILING: MOTIONTO SET ASIDE AND MOTIONFOR EXCEPTION

Now here comes Petitioner, appearing pro se as an individual, as a member of theCitizen Press and as the Founder of Patriot's Heart Media Network, Inc (a CitizenIUn media outlet) in the role of "spokesperson" for John and Jane Does,members of Patriot's Heart Media Network, Inc, in accord with the directions ofpersonal convictions and loyalty to the Constitutional Republic of the UnitedStates of America, and the Illinois Constitution, on oath and before GodAlmighty and her Lord, set forth this prayer by way of amendment in theTwenty-Second Judicial Circuit (Second Appellate District) McHenry County, ILof her original EMERGENCY PETITION FOR REDRESS BEFORE THEMCHENRY COUNTY GRAND JURY.It is with the gravest concern and unyielding seriousness of heart that thispetitioner humbly returns to the Court through this Amended filing and a Motionto Set Aside and Motion for Exception. The petitioner prays for this opportunityto present sufficient factual basis as specified in the December 16 th Order byHonorable Judge Sharon Prather.

Personal, Introductory Statement:Sovereign Will: Perhaps a concept meaning more to me, rather than one spreadthroughout legal definitions, sovereign will, simply meaning;

I, me, my and mine; expressing.

I'ae 1- EMERGENCY MOTION TO APPEAR BEFORE THE MCHENRY COUNTY GRAND JURY. OR APETITION AND MOTION TO SET ASIDE AND MOTION FOR EXCEPTION, .Tire lihenies ofa people never were or ever will be secure, when the transactions o/Illeir rulers may be concealed Qfrom litem Polrick Henry 0 m 1


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years ago would have solved the problems we face now and avoided the hardshipI have had to endure to get here to finalfy find redress!I know of housands, and assume many more, who would likewise affirm thesame!Why is it important to recognize s o ~ ' e r e i g n will as an action? Sovereign will in arepresentative government cannot be removed because ofpast events caused byan errant legal process or procedure, nor preventedJi"om remedy because oflhecollective will. For the sovereign will isJi"om whence our representative republicbegins Qnd is entrusted.

The problem is 10 find a form of associalion which will defend and protect with thewhole common force the person and goods of each associale, and in whicheach, while uniting himself with all, may still obey himself alone, and remain asfree as before. 1. J.J. Rousseau, The Social Contrac" (1762), in Les Philosophes: The FrenchPhilosophers of the Enlightenment and Modem Democracv. ed. by Norman L. Torrey (N.Y.: 1960.Perigee Books) page 149.

Thus our vote must never be considered in past tense. Yes, it happened in a timeframe thai occurred already, but its manifestation and consequence unfold in thecourse of he present, and is thus happening.Nowhere, in the documents, the US Constillltion and the Illinois Constitution,entrusted by our sovereign will for governance; nowhere does it say, because ofinconvenience 10 the government governing, or some portion of he governed,that our vote can be counted as pas/tense in terms ofconstitutional veracity.

Introduction:1.0 r the publications discussing voter fraud, readers shall find mUltiplereferences to fraud at the ballot. Discussions center primarily around offencesand obstructions to access at the ballot. Someone was either prevented fromaccess or someone had access that was not entitled. Additionally, there is fraudsuch as ballot box stuffing. The fraud this petitioner addresses is fraud related toaccess.The petitioner and the various petitioners from Patriot's Heart Network weredeprived of a constitutional ballot when voting in the 2008 Primary and 2008General election contests. The events leading up to the theft of the ballot arecomplex. In some regards they are related to deficient statute and code, in othersbecause of changes in our laws in one area (HIP AA), because of the lack ofdefinition from the Federal Government, and finally because of crafty politicians,

Page 3 - EMERGENCY MOTION TO APPEAR BEFORE THE MCHENRY COUNTY GRAND JURY. OR APETITION AND MOTION TO SET ASIDE AND MOTION FOR EXCEPTION: .Tile liberties ofa people /lever were or ever will be secure, when tile trallsactions o/Iheir rulers may be cOllcell/edjmm them. Patrick Henry


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fully aware of the vulnerabilities of the system and manipulating it to prevent thepublic from having a "Free and Fair Election," administered "uniformly."

The Culprits: Unconstitutional Illinois Election Code 10 ILCS 5/1 0-5 and 10-8,the Statement of Candidacy and the lack of definition of natural born citizen asrequired to be President of the United States ofAmerica. The crafty politicians, atleast, include Barack O b a ~ a , Nancy Pelosi and Howard Dean. The Grand Jury isneeded to determine just how this fraud occurred. There is evidence to suggestmedia manipulation as well.Standing: This is not a "normal case" of standing. On one hand there is astanding with the State's Attorney office, on the other with the Judge, and finallywith the Grand Jury. This case touches at the County, State and Federal Level

In order to have standing, must petitioner show that the form and the statue andresulting actions obstruct her a priori right to free and equal elections? And thatconstitutionally, free and equal elections requires a verified ballot affirmingconstitutional requirements have been met, not a ballot with names certified forposition as is currently the practice.Assuming so, in standing to exercise her right to object, even in a campaign of theyester year, or of one this year as is about to take place, petitioner must show afew things to this cour. It is her fervent prayer, through Christ her King, as sheattempts to be a worthy convincer of such facts, that she is successful in thisendeavor!2.0 Setting the Scene: Essentially there are three panies to election contestoccurring in McHenry County: the citizens, the contestants, and the administratorsof the contest.2.t The Citizen: American Citizenship: For most, it is a given. The vastmajority of Americans were born here, their forefathers (regardless to how manygenerations past or how they originally arrived in America) were born here orbecame naturalized. The vast majority of our citizens, 95%, are natural borncitizens.

2.2 EquaJ .. Except: The only separation in rights between the citizenshiplevels is that the natural born citizen is qualified for the Presidency. This is not aflexible separation. Only a natural born citizen may be President (and VicePresident) of the United States of America. Thus, in our Republic we are allequal, save that one job which is drawn from 95% of the populace pool. Thereason for this is national security. The source of this goes back to the FoundingFathers.

Page 4 - EMERGENCY MOTION TO APPEAR BEFORE THE MCHENRY COUNTY GRAND JURY. OR AI'ETI'I'ION AND MOTION TO SET ASIDE AND MOTION FOR EXCEPTION: .'flte liberties 0/11people nel'er HieTt or ever will be secure, H!ltellliJe transactions o/their rulers may be COllcealedfrom 1IIl!ltt Patrick Hellry


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John Jay, the first Chief Justice of the United States, wrote a letter to George Washingtonon July 25, 1787, indicating that he feared the possibility that the commander-in-chiefcould devolve upon someone who was the subject of a foreign power at the time of thebirth: "Permit me to hint, whether it would be wise and seasonable to provide a strongcheck to the admission of Foreigners into the administration of our national Government;and to declare expressly that the Commander in Chiefof the American army shall not begiven to nor devolve on, any but a natural born Citizen." Historians agree that fear that aforeign ruler might someday be imported to reign over the United States prompted Jay'sletter. (Exhibit 3: Citizenship" Citizen, Born Citizen, Natural Born Citizen by Mountain Publius Goat)

2.4 Under Jurisdiction: The natural born citizen is one who is under thejurisdiction of the United States of America. This level of citizen is natural anddoes not require any law or action ofstate to establish it. It is the right indigenousto birth which 110 law can empower or remove the natural right.2.5 Reference Documents: In determining citizenship, core philosophicalconcepts come to the foreground. This ultimately will be a "First Impression"issue for the Supreme Court to resolve. This petition includes three importantdocuments to assist the court and the state's attorney to understand the naturalborn citizen issue. The petitioner prays the Court will permit her leave to submita brief on natural born citizen specifically.

Exhibit 4 What is Putative President Obama's Current U.S. citizenship Status?Exhibit 5 The Logical analysis of a Natural Born Citizen (thebinher.org)

2.6 95% of the Citizenry: This is the first time in modem history the debatehas arisen, because unquestionably all former Presidents were of that 95% pool.2.7 Fraud through Suppression: It is this very debate that Mr. Obama andhis supporters, during the Primary and General Election of 2008 tried to avoid,and in doing so, led to deliberate and fraudulent actions to keep the public fromengaging in this essential debate. The media is complicit too.2.8 Grievous Deficiency: Define Natural Born Citizen! But for now, let thismuch needed debate be placed to the side, and simply as required for thisdocument assert, as prima fascia fact, that the Federal and State government donot have a standard definition to natural born citizen, especially as relates to thePresident (and Vice President) of the United States.This grievance deficiency has placed our nation in grave constitutional dangerand requires the utmost attention to its immediate resolution.

Pngo 5 - EMI;IWENCY MOTION TO APPEAR BEFORE THE MCHENRY COUNTY GRAND JURY. OR APETtTION AND MOTtON TO SilT ASIDE AND MOTION FOR EXCEPTION: .The fihertil!.'i lIftl people IUl'er wel'e or el'er will be Joecure. when Ille transaetiolls of/heir rulers rna)' be cmrceale(/from Ihl!ItL Patricli Henr)'


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3.0 Three Legs of an Election: Citizenship, contestants and the administrators ofthe election.

3.1 American Citizens: Not all Americans are allowed to vote. Thus, it is aregulated right of citizenship. The gatekeeper to the election process is theregistration process. The privilege ofvoting and being a contestant comesthrough the successful act of registration.Access Rights: While America has many residents and visitors, access rights tothe voter registration process are afforded to one group, American Citizens. Thusto enjoy those rights, and to all actions related to them, you must flrst be anAmerican Citizens. Any registration that does not verify citizenship isconstitutionally deficient.A priori to the successfully completed registration is the fact of citizenship.3.2 Contestants: To run for an office in the Federal and lllinois governments,the contestant must be a USA citizen. Contestants must also be a certain age, andresident of a locality for a regulated period of time to become a registered voter inthat locality. Contestants must also attain other milestones to qualify as inapparenl conformity, and able to withstand objections.Access Rights: To be judged as equal or not, one must first get into the game.That is done through registration, and thus through establishing oneself as acitizen. Secondly, access is afforded through the contestants actions in apparentconformity to requirements such as petitions and credentials.To have integrity within the contestant pools, all must be equal.3.3 The Administrators: Or are they the arbitrators? This group reflects theconstitutional mandates compelling government officials, through laws andprocesses, to be fair and equal arbitrators of the election. In Illinois, theconstitutional mandate is that all processes must be uniform.Access Rights: Administrators have access controlled through the concept ofapparent conformity, and through rules of the game that set out how the conlest isfairly run. Essentially a ministerial role, the codes and statutes must be sufficientto afford access rights required to be fair and equal arbitrators and therebydelivering a uniform product for all three legs of access.The administrators obtain access rights from statutes.

3.4 Wherefore these descriptions are overviews, they are fair representations.

I'age 6-EMERGENCY MOTION TO APPEAR BEFORE THE MCHENRY COUNTY GRAND JURY. ORAPETITION AND MOTION TO SET ASIDE AND MOTION FOR EXCEPTION: .Tlte libertie.'i .0/ I people never were or ever will be secure, wilen the traJlsactions of heir rulers may be concealedfmm litem. Patriek lIenr),


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Primary Substantive Questions:The substantive issue here will ultimately be the US and Illinois Constitutions overdeficient election code. A bright line statement: The Constitution is substantive overAdministrative Code.

1.0 Free and Equal: In Illinois, the process of election, amongst the threelegs; citizens who decide the results, candidates who compete in it, and theadministrative process whereby, a "free and equal" election "shall be" the result,Article 1lI, section 3 is the measure by which the end result of any election contestis entrusted, and through the word 'shall,' is mandated. Free and equal is themeasure by which we set our sights to determine the veracity ofany electioncontest.Thusly, the petitioner asserts, eligibility contest questions on elections must befairly arbitrated, completely accessible to all 3 legs of the election process, andensure that all contestants and voting participants are constitutionally qualified tobe judged as "free and equal" participants in the election contest.

SECTION 3. ELECTIONSAll elections shall be free and equal.(Source: I l l inois Constitution.)

h t t p : / / w w w . i l g a 9 0 v / c o ~ ~ i s s i o n / l r b / c o n 3 . h t r n

2.0 A Priori: All eligible citizens have the right to know that all candidatesengaged in the contest are constitutionally eligible. This is a higher standard ofsubstance, a priori, whereby through constitutional absolutes of "must" and"shall", Illinois election codes are given an imperative to assure constitutionaleligibility before contestants are certified for ballot placement, regardless of otherrequirements for the same ballot. Other requirements are based on lessersubstantive constitutional requirements and are as set forth by code andinterpreted by statue.Incredibly, current statutes require verification and public disclosure fromcandidates for the lesser procedural qualifications of campaign operations, allbased on the statues, but none for the constitutional requirements. None!Prima Fascia: Petitioners passionately argue, eligibility to hold office is required23 by the US Constitution and the Illinois Constitution depending on the officespecified.24

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Page 7 - EMERGENCY MOTION TO APPEAR BEFORE THE MCHENRY COUNTY GRAND JURY. OR APETITION ANI) MOTION TO SET ASIDE AND MOTION FOR EXCI,PTlON: .Tile liherties of I people never were or ever will he secure, when the trallsacliolfS of/heir rulers may be eoucea/etlfmm rhein. Patrick HeJIT)'


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Thus, to be an applicant for ballot placement, verification of constitutionaleligibility is a priori to access and before 'apparent conformity' dictates the ballotpreparation.3.0 Verification of Eligibility \"s. Certification of Ballot Placement: ToVerify or to Certify: What is the role of he various codes mandating howelections are conducted in McHenry County? Currently, severely deficient codesand statutes create extreme vulnerabilities in the election process by allowing forcontestants on ballots to be certified for placement and not verified forconstitutional eligibility. This deficiency has created a constitutional crisis at thecounty, state, and federal levels.Requirements fo r the Ballot: What is required of the ballot? Must it beconstitutional to meet the free and equal standard required of elections?Substantive Affirmation: To verify or to certify constitutionally mandatedrequirements for any position, regardless iffrom the county, state or federal role,is an operative question that underlies this petition.4.0 The Ballot: The ballot is the means by which We The People affirm oursovereign will in our Republic. While not everyone voted for the victor, all enjoythe fruit of the election and are held to the product of it. Thus the integrity of theballot, which contains the options available, is sacred. Surely no one will disputethis!4.1 Integrity of the Ballot: The ballot, representing all voters' choices for thecontest, is crucial to any determination of a free and equal election.Substantive Affirmation: What does a ballot of integrity look like? Petitionerpresents to the Court, in order:

1st.2nd.

Constitutionally eligibleIn apparent conformity with other election standards

To have integrity, the requirements for ballot placements must require verificationof the constitutional eligibility of the contestants. To not do so, is substantive tocore issue of the fairness of any contest.4.2 Youth Sports can do it: For example, maintaining equality amongstcontestants in a typical American community is identified when viewingrequirements to engage in youth sports. In almost all instances, there are agerequirements and sometimes weight requirements. Age requirements, that are notgrade based, usually mandate the contestants to produce a birth certificate,verifying date of birth. This becomes particularly important in play-offs such as

Page 8 - EMERGENCY MOTION TO APPEAR BEFORE THE MCHENRY COUNTY GRAND JURY. OR APETITION AND MOTION TO SET ASIDE AND MOTION FOR EXCEPTION:rh e liberties ofa people ne .er were or ever will he secure, when lite transactions o/their rulers ltUly be COllcealedfrom them Patrick He.",)'


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Litlle League, where contestants progress from local events to state competitions,eventually leading to the world finals. In these events, age verification is carefullyscrutinized. With no less sCl)ltiny and as required, weight mandates are carefullymeasured and recorded and posted for the public. Imagine a wrestler claiming hisHIPAA privacy rights and refusing to step on a scale in front of anyone ...4.3 Back Home Again: How is it our government has failed to provide WeThe People with the same such basic guarantee through verification of thecontestants in an election contest? That, your Honor, has consumed thepetitioner.How could this have happened? That question started a long exhaustingjourney and, to the petitioner's astonishment, leads her right back home toMcHenry County, where she cast her vote.5.0 Voters Too: And yes, notto lose the importance of verification on allthree legs, it must also be asserted here: verification of the participants in theelection must also include voters. If a voter must be a citizen to vote, allregistration 'must and shall' verify citizenship, and not with some half bakedsystem put together primarily assuming the rights of the non-registered .... ie thosenot yet having fulfilled the requirements to be part of the "team," that gets toparticipate in the expression of sovereign will in our elections. The system mustprotect the rights of those who are citizens and have achieved the milestoneof having a verified registration .. . too.Oppppsssss ... .. Who is that?5.1 Registration Processes: Do voters have verified registrations such thatwe know the mandates in the constitution, 'must and shall', are achieved?Admittedly, petitioner knew almost nothing about the registration process twoweeks ago, but she is working to remedy that deficiency and in the process, to hercomplete astonishment, learned ANYONE can say they are an US Citizen, prettymuch without fear of challenge. The petitioner's research has proven to her this isa grievous injustice!5.2 Teams Do It, Arc Voters a Team? Along the same analogy, of thesports teams; say there is an election for an award, Best Player for instance, ofteam members amongst themselves. Agreements of the processes set for thecompetition for that award would be made and would likely include that eligiblevoters must be team members, and that 'team members' would be defined. It isnatural to believe any sports team, clearly knowing their members, would onlyaccept votes from qualified members.

Page 9 - EMERGIlNCY MOTION TO APPEAR BEFORil THE MCHENRY COUNTY GRAND JURY. OR APETITION AND MOTION TO SET ASIDE AND MOTION FOR EXCEPTION:Tile liberties Ofa pe(Jple lIel-'er were or L ~ ' e r will be secure, w/ren 'lie transactions 0/ heir rulers may be concealedfronl them. Patrick lie",,.


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So what is this? That in this great land, our election processes fail not only toverify the constitutional eligibility of the contestants, but also of the voters!Compared to sporting contests, so much more serious is the sanctity of ourConstitutional Republic. Yet, we take fewer measures to assure the very integrityand security of our governing body than our town's youth sporting competitions.The petitioner was astonished to learn this!5.3 Ben Franklin must be in a spin: Can anyone imagine the response of theFounding Fathers to the current state of elections in our Republic? "A Republic ifyou can keep if ' Mr. Franklin exclaimed. This petitioner hears his words, andfeels obligated to work to 'keep it.'There is honor in holding office in America. Or at least there should be. There ishonor to be a US Citizen, qualified to choose the destiny of this great nation.Through inspiration and sacrifice our ancestors empowered We The People byratifying our Constitutions. Consequently, by way of the vote, to choose those togovern our affairs as a result of election contests. Fair and equal elections arecore to the Republic!Substantive Conclusion: We must, to preserve the Republic, have integrityamongst all three legs of the election process.6.0 This Issue is Far From Moot! In 1997, there was a case in Lee County,Illinois. The petitioners had been excluded from the ballot placement for"apparent confomlity" issues related to the Statement of Candidacy. Amazingly,the Appellate Court opted to rule on this issue and in doing so, justified theirposition according to the following quote taken from the decision from theAppellate Court of Illinois, Second District, and Honorable Judge Tomas M.Magdich. (North v Hinkle No. 91 MR 0004)

MootnessAt the outset , we note that the April 7, 1997, elect ionalready has occurred and that a l l of the off ices sought by

p la in t i f f s in that e lect ion have been f i l led . Nevertheless,we wil l not t rea t th is cause as moot.One exception to the rnootness doctrine allows a court toresolve an otherwise moot i ssue if the issue involves asubs tant ia l public in teres t . Bonaguro v. County OfficersElectoral Board, 158 I l l . 2d 391, 395 (1994). The cr i ter iafor the applicat ion of the publ ic in teres t exception are (1)the public nature of th e question, (2) the desirabi l i ty of anauthor i ta t ive determination.for the purpose of guiding publicoff icers , and (3) the l ikel ihood that the question wil l recur.Bonaguro, 158 I l l . 2d a t 395.In th is case, we are sa t is f ied that the public in teres tcr i t e r i a have been met. The procedures for cer t i fy ing

Puge 10- EMERGENCY MOTION TO APPEAR BEFORE THE MCHENRY COUNTY GRAND JURY. OR APETITION AND MOTION TO SET ASIDE AND MOTION FOR EXCEPTION: .Tlte libertiesofape(}ple "ever were or e ~ ' e r will be secure, when Ille transaction.Ii oftlleir rulers may be cOllcealedfrom '''em. Patrick IIc!Ilry ,


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candidates for elect ion to public off ice are doubtless ofsubstantial public in te res t . In addition, th e I l l inois courtshave not direc t ly addressed the issue presented by this casein more than 80 years.

Finally, we are convinced tha t the facts of this case arenot unusual and are l ikely to recur. Accordingly, we willaddress the merits of th is appeal. See Bonaguro, 158 I l l . 2dat 395-96.No. 97--MR-0004

6.1 Substantial Public Interest: The petitioner states that there is nobetter way for her to position the veracity of her argument against mootness thanthis decision! CertiJYing candidates for elected office is of substantial publicinterest! Having a constitutional President, or not, is undoubtedly a nationalemergency! Therefore, the petitioners pray the court will apply this same standardto any question of mootness that may arise.

6.2 Desirability: First Impression case - There has never been a ruling onthe substantive issues relating to deficient authorities and mandates pemlitted tothe administrators of the election in their role to certify contestants for Presidency( Vice President) as natural born citizens, and as required in the US Constitution.Nor, on the substantive issue that access rights to voter registration are secondaryto vcrification of USA citizenship.Severe Statue Deficiency: The Doctrine of Futility rules any attempt to prove aregistration application is constitutional, and thus for the public to accessconstitutional qualifications of any contestant.Due Process: Administrators of elections cannot do their job without direction ofthe court and/or correction of the statutes. Citizens lack access to legal processesad redress because of the deficiency.6.3 Reoccurrence: This situation will occur again. Come the start of thePrimary season in late 20 I 0, one of three things will occur:

a. Mr. Obama will run for office and will be challenged in 50 states toprove he is eligible. Contest periods will allow for this and the electorate is nolonger trusting of the contestants or the administrators to safeguard theirinterests. There will be intense public debate about it. Wily wait?Mr, Obama will have to show proof of citizenship and the public dialogue willno longer be able to be suppressed through deceptive and contrived sillinessstating this is a conspiracy theory that has been disproven, and affinnationsrelated to mootness. Additionally, it's the 'the deal is done' type ofjustifications which are currently forced upon the electorate as if to convince the

Pusc II - EMERGENCV MOTION TO APPEAR BEFORE HIE MCHENRY COUNTY GRAND JURY. em APETITION AND MOTION TO SET ASIDE AND MOTION FOR EXCEPTION:Tire liberties 11/Q people Ifeper wefe t)r ever will he secure, wllellille transactiolls o/their rulers may be conceilledfrom ,heJlL PtlIrick Hellr),


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voters their interests are all in the past tense! Statements such as these willfinally be called to task for transparent scrutiny and revealed as the public fraudthat they are! WIlY Wait?What then, if he proves to be ineligible, as this petitioner asserts?b. If the code remains deficient as is, Mr. Obama may be found eligibleas far as being an actual USA citizen, but the certification will be challenged tothe Supreme Court to define natural born citizen, and standing will be restoredto the electorate. (Relevant facts to this scenario)

Mr. Obama's location of birth is unproven.Mr. Obama is not a natural born citizen, regardless to place of birth.

c. Mr. Obama will not run for re-election, thus denying the electorate thedue process to establish his eligibility to serve as President.6.4 Voter Registration: Severe deficiency, due process and equalityissues related to voter registration and the certification of citizenship for allcontestants will re-occur and deserves the attention of the court to mitigate thiscrisis6.5 Circuit Court Direction: The petitioners humbly argues that the 2ndAppellate Court, the Court to hear any challenge to this petition, has alreadyprovided the honorable Judge of the 22 nd District the mandate and the authority torule in favor of the petitioners.The petitioners believe the 2nd Appellate boldly spoke for We The People inchoosing to make this decision. The petitioners understand the remedy is differentbecause of the request for the Grand Jury, but they argue the substantive issueremains the same.6.6 Definitely Not Moot! Wherefore the petitioners argue this is thecorrect venue, they affirm the importance of the certification process, is asimportant for the current election that has just begun.Without resolution of the eligibility verification and registration process, there isno doubt this issue will arise again.6.7 HIPAA: In discussing HIPAA, later, the petitioner prays to showhow recent changes in the law have impacted the election process, furthercompelling the assertion that this issue is far from moot!

"age 12 - EMERGENCY MOTION TO APPEAR BEFORE THE MCHENRY COUNTY GRAND JURY. OR A""TITION AND MOTION TO SET ASIDE AND MOTION FOR EXCEPTION: .~ / H ! liberties of a people never were or ever will be secure. whellllle transactionsolfheir rulers may be c(1IfcealedJrom ,"em. Plllrick Henry


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7.0 Venue: The petitioner believes the Circuit Court is the correct venue forthis election fraud issue.

(10 ILCS 5/23-1.8a) (from Ch. 46, par. 23-1.8a)Sec. 23-'1. Sa . Election contest - Statewide - ~ r o c e d u r e s for recount and in i t i a l hearing. In a l l cases for which theSupreme Court finds i t appropriate tha t there be conducted arecount or par t ia l recount of bal lo ts cas t in any elect ionjur i sd ic t ion , or a hearing regarding the conduct of theelection within any election jur i sd ic t ion , the Supreme Courtshall , in consultation with the Chief Judge of the JudicialCircui t in which each such election jur isdict ion i s located,assign a Circui t Judge of tha t JUdicial circui t to presideover the recount or hearing. I f more than one electionjur isdict ion within a single Judicial c i rcu i t is subject torecount or hearing( the Supreme Court may assign a dif ferentCircui t Judge to preside over the recount or hearing for eachsuch election jur isdict ion.

(10 ILCS 5/23-5) (from Ch. 46, par. 23-5)Sec. 23-5. The circui t court shal l hear and determine contestsof election of a l l other countYl township and precinctoff icers, and a l l other off icers for the contesting of whoseelect ion no provision i s made.(Source: Laws 1965, p. 3493.)

7.1 See Section IX: Secondary Procedural Questions, especially as relates tothe grand jury as a remedy.8.0 KISS and McHenry County Wisdoms: Current election codes aredeficient as they do not provide for verification of citizenship status at any levelof the election contest. On December 29 th, 2009, Katherine C. Schultz, McHenryCounty Clerk, responded to a brief questionnaire from the petitioner.The full texts are attached as Exhibit 1 and Exhibit 2 and are a true copy of ourwords. (Emphasis added only to bold the questions)

I) Please briefly list the process by which a candidate gets On the ballot in McHenryCounty.A candidate is required to file petitions papers, with the required number of signatures, a statement ofcandidacy and would also possibly file a loyalty oath during the prescribed filing period

2) What documents are required ofa candidate to prove constitutional eligibility to be onthe ballot?No proof required - Statement of Candidacy form states "qualified voter" and "legally qualified to holdsllch oflice'l

3) Please specify how election law and related processes verifies the constitutional eligibilityof 11 candidate for office.I'llgc 13 - EMERGENCY MOTION TO APPEAR BEFORE THE MCHENRY COUNTY GRAND JURY. OR APETITION AND MOTION TO SET ASIDE AND MOTION FOR EXCEPTION: .The liberties (i fa people never were or ever will be secure, wilen the Iraluactions oflhe;r r14lers may be cOllcealedfrom them. Patrick lIenr),


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To the best afmy knowledge verification is not required and is not part of the filing procedures

4) What statement or oath is required of candidates swearing eligibility?A loyalty oath is optional. The Statement ofCandidacy does state that the candidate is a ' ~ q u a l i f i e d voter" and "h:gaHy qualified to hold suell office", The candidate must sign said form and hisllu:rsignature must be notarized

5) How is the citizenry notified of potential candidates for the ballot during thequalification period?No notification is required. McHenry County posts all filings received in the County Clerk's office ontne Clerk's website. NOimally newpapers will also report filings as pan of heir new coverage

3. What process is available for a citizen to contest a candidate's eligibility foroffice during that period?Filings are public record and arc open lor inspection during nonnal business hours. There is aset time for liling objections to candidate petitionsb. \Vhat avenues are available to a citizen questioning a candidate's eligibilityafter that time period?After the objection period has passed, and no objections are filed, a candidate is placed on the ballot

6) In the authority of your office and after the above mentioned contest period, should youQuestion if a candidate is constitutionally eligible for office, what election law empowersyou to investigate your suspicion?This is a legal question and would need 10 be researched. My roll in filing petitions is basicallyministerial7) When an election has occurred, vote tallies completed, is there a process then for which acandidate is ,"'erHied as constitutionally eligible for the office?I am not aware this is a requirement. There is no process in place to my knowledge8) In the Illinois and Federal election processes that you are familiar with, are thereprocedural differences such that names submitted for ballots in McHenry County fromState and Federal sources, are verified as constitutionally eligible for office?You would need to speak or check with other sources as to their procedures. I am nOlaware afany law

requiring verilication9) One requirement for candidacy is voter registration. Please explain the ways ,,'oters areregistered in Illinois. \Vhat documents are required to establish age, citizenship andresidence?There arc different methods of voter registration: County Clerk's office, deputy registrars, driverslicense facilities) agency registrations and mail in registration being the majority. All ask for age, proofis not required. Place of birth is asked for by the Clerk's office and by deputy registrars, Proof is notrequired. Registrants bom outside or the US arc asked for additional naturalization infonnation, Voterregistration done at drivers license facilities and agencies are asked if the,' are citizens and sign an oaththat they are, and mail in, simply sign an oath attesting to citizenship. On registrations done through theClerk's ofticc and/or deputy registrars, 2 forms of ID are required, botlJ with the registrants name and Iwith his/her current address. Keep in mind that registration sources, other than [he Count)' C l c r k ~ s ofiice andlor deputy registrars and appIicalions to register and ifany information is not received or if hevoter 10 card is returned undeliverable the registration application is not accepted.10) Are there ,,'oter registration processes in use right now, that does not require potentialvoters to swear to place of birth a ~ d that they are US citizens authorized to \-'ote?All require the oath of citizenship. Only Clerk's office and deputy registrars require place of birthI I ) As an overview only, and as possible, please describe an instance within the currentsystem where citizens have unknowingly been registered to vote through the StateDriver'S license registration process.

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We have occasionally had registrations that have been processed and later the registrant has requestedremoval because they are not citizens. I have ne\'er seen one: where someone bas voted on theserequests for removal

12) In the voter registration process, how is citizenship status verified? \Vhat code authorizesthe process for verifying citizenship status of a registered voter?Citizenship is not verified and I am not aware of any requirement andlor authorization to do this

13) If a voter comes to the poll, and there is a question of his identity or registration status,by what means is the voter' s right to "ote accommodated during the voting process?There is a challenged affidavir 10 fill out and verification and/or proof required

14) Please include any other information you think might assist the Court in understandingtbe process of,,'erification ofeligibUity or candidates for ballots in McHenry County andthe citizens entitled to vote in McHenrJ County. Information. especially as relates tovulnerabilities in the system which may allow ineligible participants to engage in theelection.I think all of my answers havc stated Ihe requirements and proccsses as I am aware of hem

S.l Qualifications: All contestant s are required to be US citizens. To thepetitioner's knowledge, this is true of all elected offices in the FederalGovernment and in Illinois. Other constitutional requirements depend on theoffice, and are laid out in the text of the constitutional documents. The commonelements of such requirements consist of citizenship, age, residency, and voterregistration. Remarkably, no document proving age, citizenship or residence isrequired to run for any office. "Legally qualified" and the address are affirmed toon the Statement ofCandidacy. (Katherine Schultz, que 2)8.2 Yes, you must be registered to vote . Contestants in the election mustbe registered to vote. Reality stuns the discerning questioner upon realizing thereis no verification ofvoter's eligibility either! At least, not as far as verifyingcitizenship status or age is concerned. So what does the registration to vote meanas an indicator of eligibility? Currently, it is but a slippery standard to measure'must and shall' constitutional requirements for eligibility to hold office.Grievous Injustice: On so many levels, it is hard to comprehend the implicationsto our Republic of this profound lack of constitutional governance.8.3 Shall and Must: These words are hardly suggestive of a compromise tocome, or wiggle room to squinn. They demand specification! Contestants andVoters must be constitutionally qualified. Period!To become President of the United States ofAmerica, candidates are required tohave the most sacred of all levels of US Citizenship, natural born citizen.Unbelievably, not even a photo 10 is required to establish qualifications to meetthis 'shall be eligible' standard of the US Constitution.

No person except a natural born citizen, or a citizen of the United S t a t e s ~ at tlle lime of the adoption ofthis Constitution, shall be eligible to the office of P r e s i d c n t ~ neither shall any person be eligible to thatI>.ge IS -EMERGENCY MOTION TO APPEAR BEFORE THE MCHENRY COUNTY GRAND JURY, OR APETITION AND MOTION TO SET ASIDE AND MOTION FOR EXCEPTION:Tile libertie.f ofa people never were or ever will be seC14re, when Ihe trollsaclions o f heir rulers may be cOllcealedfrolll them. Patrick Henry


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oflice who shall not have attained to the age of thirty five years, and been fourteen Years a residentwithin the United States. (Article II section I)I) What documents are required of a candidate to prove constitutional eligibility to be on theballot?No proof required - Statement of Candidacy form states "qualified voter" and ';legallyqualified to hold such office" (Katherine Schultz Que 2)

8.4 Really? The petitioner queries "how can this beT Currently, electionstatutes require nothing to participate in election contests, save for the petitions, aStatement of Candidacy, and a statement of economic interests as required by theIII inois Governmental Ethics Act.

Such cer t i f ica te of nomination or nomination papers in addition shal linclude as a part thereof, the oath required by section 1-10.1 ofth is Ac t and must include a statement of candidacy for each of th ecandidates named therein, except candidates for electors forPresident and Vice-President of th e United States. Each suchstatement shal l set out the address of such candidate, th e office fo rwhich he i s a candidate, shall state that th e candidate is qualif iedfor the office specif ied and ha s f i led (o r will f i le before the closeof th e peti t ion fil ing period) a statement of economic interests asrequired by th e I l l inois Governmental Ethics Act, shal l request thatth e candidate 5 name be placed upon the off ic ia l ballot ... ((10 ILCS5/10-5) (from Ch. 46 , par. 10-5) (bolding added)

Where is 'Shall be eligible'? This statute, with the purpose to administerelections, sets out the requirements of the Statement of Candidacy, and has nolanguage requiring the affirmation or proof of being constitutionally eligible.'Qualified/or Ihe ojJice' is a vague term with subjective definition.Substantive Assertion: The phrase "shall state (hat (he candidate is qualifiedforthe ojJice specified" is a lesser requirement then the constitutional mandates of'shall and must' or 'no person except".8.5 Prima Fascia Remedy: The petitioners passionately argue that thisstatute, to be constitutionally viable, must mandate "shall state Ihatlhe candidateis constitutionally eligible and qualifiedfor Ihe ojJice specified, with proof0/citizenship included, '.' (or some such appropriate variation) followed by arequirement that evidence be provided and affirmed in the public record.It is a deficiency of this statute that it specifies as required for 'apparentconformity,' the filing of documents related to special interests as mandated bythe lllinois Governmental Ethics Act, yet does not require filing of documents toprove the higher standard of constitutional eligibility.8.6 Severe Deficiency: No public record is required to prove constitutionaleligibility to be on the ballot for any position voted on in Illinois.

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8.7 Severe Deficiency: The statement of economic interest is posted for thepublic to review. No documents proving eligibility are requested, required,recorde.d or posted.8.8 Substantive Affirmation: Therefore, the current registration processesviolate (he Illinois Constitutional 'requirement for uniform elections. (Sec 3 ILConst.)9.0 A priori and the Ballot: The citizen's right to have a constitutional ballotis a priori, lest it otherwise be left, in many respects to the 'luck of the draw' as towhether or not some candidate is challenged, especially as relates to constitutionaleligibility,9.1 The Couch view: As if sitting on the couch observing this fact, we cometo know, a priori that when the constitution says "must and shall" then the contesttools, to be constitutional, "must and shall" meet ALL requirements laid out in theconstitution!9.2 Hardships Galore: Passionately the petitioners argue: Therefore throughconstitutional mandate, administrative tools of that contest, 'must and shall'assure equally, without the deciders of the contest, We The People, having toendure tremendous hardship and impermissible barriers to discover if a contestantis constitutionally eligible for the contest to which the voter is given one chance toexercise their sovereign will.9.3 "Your Honor, I yearn to have my ballot back. The petitioners dotoo ..."The Beleaguered Ballot: Alas, the ballots, the end result of the contest is there!For it is only here that the petitioner is able to finalize her sovereign will as herchoice. But what contest is this that has no standards to guarantee the rules areequal, such that crafty contestants may not manipulate for unfair favor!9.4 Procedures: Current election statutes inhibit the ability for electionofficials to administer a free and equ.al election:

3. Please spedfy how election law and related processes nrHies the constitutional eligibility dacandidate for office;To the best afmy knowledge verification is not required and is n01 part of the filingprocedures (Katherine Schultz)

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Wow. It takes a lot! It is too large ofa burden on the citizenry to have to objectseparately to potential contestants on the ballot, simply to establish the eligibilityto be in the contest. This is an a priori requirement of the ballot.We are not talking signatures on a petition with procedures in statutes specifYingdetails from numbers, to gathering processes, to how they are to be challenged.Processes at this level fall under 'apparent conformity' specifications and will bediscussed later.9.5 Substantive Assertion: Constitutional eligibility is not measured byspecific actions to get into the game; they are a priori to be in the process of evenengaging in qualifying activities. Thus, citizenship must be achieved, and verified.9.6 Substantive Assertion: The burden to verifY citizenship does not belongon the electorate. It belongs to the arbitrators of the election.9.7 Self - sacrifice: Accommodations for the burden and personal sacrificeimposed on citizenry when they do report election fraud is reflected in IllinoisLaw by affording special accommodations of confidentiality to those thatcontest elections as encouragement for them to take the risk.

"So that the public is encouraged to report irregularities. the nameS of the complainants shall bekept confiden Iial." hI V :1/www.cleetions.statc.il.uS!A boutthe Board!1 nvesti r!ntionsDiv aspx9.8 Conclusion: All other issues related to the contest as applied by Illinois orFederal Code are secondary to the substantive obligation of constitutionalveracity.Grievous Injustice: Resulting, from deficiency in current code requiringimmediate and emergency remedy for the petitioners.Grievous Injustice: Against the petitioners when McHenry County residents areexpected to decide on questionable ballots.10. HIPAA and Hawaii Privacy Rights: Recent changes in HIPAAregulations and related privacy rights have complicated the security ofcertification process and thusly, compel the petitioners to seek immediate redress.10.1 Lack of Access to Information: Evolution in state and federal privacylaws inhibit and completely restrict the citizenry from obtaining personalinformation required to verify eligibility, setting up impermissible administrativebarriers to obtain sufficient knowledge of potential contestant's constitutionalveracity to be on the ballot. (Hawa;'; Rev;sed Statutes *33818)

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10.2 Due Process Question: Simply, it is true; the petitioner cannot evaluate acandidate's credentials to serve, when required information is withheld because ofprivacy rights afforded to everyday citizenry.10.3 Election Consequences: Elections result in We The People hiring apolitician ... Where is 'free and equal' when contestants withhold requiredinformation from those deciders of the contest?10.4 Hide and Seek Games: Mr. Obama has frustrated the electorate by hidingbehind Privacy, HIPAA Laws. (EXHIBIT 8 Hawaii refuses to verify President's onlineCOLBs. Aug 2,2009 WND article)Really and truly, in astounding arrogance and disregard for the public he serves,Mr. Obama refuses to authorize the release of his birth documents based onprivacy rights afforded to him as an everyday citizen, but surely 1I0t afforded toprevent public disclosure of facts allowing the citizens to ascertain his eligibilityto serve in the highest office under our Republic!10.5 The Hawaiian Connection: A vague interpretative statement by aHawaiian official does not meet the constitutional imperative of 'must and shall'.

"There have been numerous requests for Sen. Samek Hussein O b a m a ~ s official birth cenificate. Statelaw (Hawai'i Revised Statutes 338-18) prohibits the release of a tcrlified birth certificate to personswho do not have a tangible interest in the vital record," DOH Director Dr. Chiyome Fukino said.Statements by Hawaiian officials are carefully crafted and measured and do notprovide the 'must' and 'shall' level of verification required to prove eligibility.(EXHIBIT 6: FAQ about From the Hawaii website)Dr. Fukino cannot prove her words in the public record because ofMr Obama'sprivacy rights, frustrating the relationship between the Several States as well asbetween We The People and Hawaii.10.6 Substantive Argument: The Hawaii Department of Health lacksauthority in Hawaii to certify candidates as eligible.The Hawaii Department ofHealth statement is non-binding in Illinois, especiallywhen it cannot undergo public scrutiny from Illinois residents. DOH lacks allauthority in Illinois to affirm anything in relation to certification of candidates.Should Illinois be compelled to accept such a statement, it would only be done sothrough the courts or through release of public records to remove all questions ofveracity related to such statements specifically, and in general to Mr. Obama'sclaims that he is a natural born citizen.

I'age 19 - EMERGENCY MOTION TO ArrEAR BEFORE THE MCHENRY COUNTY GRAND JURY. OR APETITION AND MOTION TO SET ASIDE AND MOTION FOR EXCEPTION: .Tlte IibeNies Of apelJple "ever were or ever will be secure, when the transactiolls oflheir rulers may be cOllceaiedfrom 'hem. Patrick Henry


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10.7 A Signature, the Obvious Solution for Mr. Obama: Undeniably, muchof this confusion is avoidable by such a mere measure as a signature on a privacyrelease form!10.8 Natural Procedure: Thus, HIPAA needs to be reformed to allow forexceptions, such as are required, to assure the citizens can obtain citizenshipinformation on all candidates for election. Or, election code must mandate that allcandidates verify citizenship to qualify for the contest. The petitioner wouldargue the latter is natural and thus the more reasonable solution.10.9 Exhibit: Here is a list of all American Presidents and their birthdocumentation. This is important for perspective. The petitioner hears sillyarguments such as 'did you ask to see George Bush's certificate?' To which thepetitioner must reply, 'no, his birth facts were never in question.' (EXHIBIT 7:Barack Obama's Birth Certificate: Why It Matters: List of birth facts of all US Presidents)11.0 Probable Cause: As things currently stand, this public disclosure iscontrolled by one person, Mr. Obama. Thus, probable cause is evident, Mr.Obama is purposefully shielding information despite the signed statement,swearing "(including being the holder 0/any license Ihalmay be an eligibililYrequiremenl/or Ihe office I seek the nomination/or)" (SOC)11.1 Mr. Obama, he knows! 62 cases (and counting) in the courts prove Mr,Obama knows there is a question among the electorate that he serves, about hisconstitutional eligibility to hold the office! Knowing full well ofcourt challengesto his birth documents, rather than addressing the issue head on, despite affirmingin oath that he has 'any license that may be an eligibility requirement,' Mr.Obama has stonewalled all 62 cases, either directly or through the resources of theExecutive Branch in the courts.12.0 Not a Political Question: This is not a political question. At the core, it isa substantive constitutional question. The consequences are political and of thehighest security concern, however the question is constitutional.

The Culprits!1.0 Deficient Code is set out IL Code: 10/8Sec. 10-8. Certificates of nomination and nomination papers, andpet i t ions to submit public questions to a referendum, being f i led asrequired by this Code, an d baing in apparent confor.mity with theprovisions of th i s Act, shal l be deemed to he val id unless object ionthereto i s duly made in writing within 5 bUsiness days af ter th e l as tda y fo r f i l ing the ce r t i f i ca te of nomination or nomination papers orpe t i t ion for a public question, with the following exceptions:A. In th e case of peti t ions to amend Article IV of th eConst i tut ion of the Sta te of I l l i no i s , there sha l l be a period of 35business days a f t e r the l a s t da y for the f i l ing of such pet i t ions inwhich objeotions ca n be f i led.

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2.0

B. In th e case of peti t ions for advisory questions of publicpolicy to be submitted to th e voters of th e entire State , there sha11be a period of 35 business days af ter the 1ast day for the f i l ing ofsuch pe t i t ions in which object ions can be f i led.Any legal voter of th e pol i t ica l subdivision or dis t r i c t in which

the candidate or public question is to be voted on , or any legalvoter in th e State in th e case of a proposed amendment to Article IVof th e Constitution or an advisory public question to be submitted tothe voters of the ent i re State , having object ions to any cer t i f icateof nomination or nomination papers or peti t ions f i led, shal l f i le anobjector 's peti t ion together with a copy thereof in th e principaloff ice or the permanent branch off ice of th e State Board ofElections, or in the office of th e election authority or localelection of f ic ia l with whom the cer t i f ica te of nomination, nominationpapers or peti t ions are on f i le . In th e case of nomination papers orcer t i f icates of nomination, th e State Board of Elections, electionauthority or local election Off ic ia l shal l note the da y and hour uponwhich such objector 's peti t ion is fi led, and shall , not l a ter than12:00 noon on th e second business da y af ter receipt of th e peti t ion,transmit by registered mail or receipted personal delivery th ecer t i f ica te of nomination or nomination papers and th e originalobjector 's peti t ion to the chairman of th e proper electoral boarddesignated in Section 10 9 hereof, or his authorized agent, and shal ltransmit a copy by registered mail or receipted personal delivery ofth e objector 's peti t ion, to the candidate whose cer t i f icate ofnomination or nomination papers are objected to , addressed to th eplace of residence designated in said cer t i f ica te of nomination ornomination papers. In th e case of objections to a peti t ion fo r aproposed amendment to Article IV of the Consti tution or fo r anadvisory public question to be submitted to the voters of th e entireState, the State Board of Elections shal l note th e day and hour uponwhich such objector ' s pet i t ion is f i led and shal l transmit a copy ofth e objec tor ' s pe t i t ion by registered mail or receipted personaldelivery to th e person designated on a cer t i f icate attached to th epet i t ion as th e principal proponent of such proposed amendment orpublic question, or as the proponents' at torney, for the purpose ofreceiving notice of objections. (Emphasis added)

Apparent Conformityand being in apparent conformity with the provisions of this Act,sha l l be deemed to be val id unless objection thereto i s duly made inwrit ing within 5 business days af ter the l as t da y for f i l ing thecer t i f ica te of nomination or nomination papers or pe t i t ion fo r apub l i c question ., Sec. 10-8.

2. t Judgment Call: Here comes a phrase which is a requirement for ajudgment call from arbitrators of our elections, that is insufficient to meet theconstitutional requirements of candidate eligibility: 'Apparent conformity' is thestandard applied by Election Code Sec 10-8 which, once met, requires electionofficials to deem as valid, the Statement of Candidacy. Thus, placing individualson the ballot regardless of constitutional mandates set for the contest.The 1997 decision in North V Hinkle, provides a fairly recent decision as to thedefmition of apparent conformity.

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In affirming the t r i a l court s granting of the writ ofmandamus, the I l l inois Supreme Court explained that therespons ibi l i ty for determining whether an election peti t ionapparently conforms to the law res ts with the town clerk.Dillon,266 I l l . a t 275-76. Specifically, the clerk s duty i sto determine whether, upon the face of the pet i t ion , it i s incompliance with the law. Dillon, 266 I l l . a t 276. I f thepeti t ion on i t s face appears to comply with the s ta tutoryrequis i tes , the clerk may not look outside the pet i t ion todetermine whether in fact it does comply; he must submit thequestion to the voters. Dillon, 266 I l l . at 276. Because theval id i ty of signatures and the authori ty of off icers cannot bedetermined by examining the face of an elect ion peti t ion, thecourt concluded that the peti t ion was in apparent conformitywith the law and thus that the clerk was obligated to submit thequestion to thevoters. Dillon, 266 I l l . a t 276.However, the court continued, had the pet i t ion not appearedon i t s face to have complied with the statutory requis i tes , theclerk would have had no duty to submit the question to thevoters. Dillon, 266 I l l . a t 276. For example, by examining th eface of the pet i t ion , a clerk can determine whether it containsthe requis i te number of signatures. Dillon, 266 I l l . at 276.I f it does not, the pet i t ion is not in apparent conformity withthe election s ta tu tes and the clerk ha s no duty to cer t i fy thequestion for the bal lo t . Dillon, 266 I l l . a t 276. (INGLIS, 2'dDist r ic t Appellate Court)

2.2 Prima Fascia: The current law fails to empower County Clerks to fulfillconstitutional mandates for eligibility. (Katherine que # 3 and que # 5 b, que #7, and 12)2.3 SUbstantive Affirmation: "Apparent conformity" is not of sufficient legalsubstance to meet the obligation of "must be" or "shall be" as required by the USand III inois Constitutions unless there is a reliable instrument establishingcitizenship, such that the clerk, through appare.nt confonnity, can attest thatconstitutional mandates have been met.2.4 Citizenship: In most cases, (95%) citizenship is selfevident. However, itis not always so. Procedures to assist the electorate in proving citizenship statusare well within the government's ability to implement and are authorized andmandated to be in conformity with Article II I - "All elections shall be free andequal" of the Illinois Constitution.Prima Fascia, establishing citizenship is not an undue burden for anyone wishingto participate in the privi leges of citizenship.

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2.5 Substantive Argument: As matters currently are, and in the instance ofnatural born citizen, there can be no apparent conformity without instruction fromthe Supreme Court. The several states need direction from the US Supreme Court.For instance:To be el ig ib le to serve as a member of th e General Assembly, aperson must be a United States ci t izen, a t least 21 years old,

and for th e two years preceding his elect ion or appointment aresident of the dis t r ic t which he i s to represent. (Sec 2 par t 3IL Con)No person except a natural born Citizen, or a Citizen of theUnited States, a t the time of the Adoption of this Constitution,shal l be el ig ib le to the Office of President; neither shal l anyPerson be el ig ib le to that Office who sha l l not have at tained tothe Age of th i r ty-f ive Years, and been fourteen Years a Residentwithin the united States. (Article 2 US Constitution)

2.6 Due Process Issue: 'Apparent conformity' cannot trump constitutionalrequirements of 'must and shall'. Thus deficient as a verification tool, it is acausative factor for the petitioners' loss of their right to a free and equal election!3.0 Ministerial Roles: Apparent conformity prejudices the election towards acrafty contestant who may lack constitutional qualifications, but because ofappearance, clerks are "required' to certify him as qualified for ballot placement.3.1 Which Law? The petitioner asked Katherine Schultz the followingquestion

6. In the authority of your office and after the above mentioned (ontest period. should you questionif a candidate is constitutionally eligible for office, what election law empowers you to investigateyour suspicion?This is 8 legal question and would need to be researched. My roll in liling petitions is basicaUy ministerial

North V Hinkle adds insight here too, when the 2nd District Appellate Court statedthe following:

Thus, as we read the Code t the candidates whose names areent i t led to be printed on th e bal lot are those whose nominatingpapers are (1) fi led ,as required by the Code, (2) in apparentconformity with the Code when f i led, and (3) not subject to aduly f i led objection.The court decision affirms a ministerial role for the election officials. I f Clerks areto have a strictly ministerial role, then they must be empowered to assure veracityand integrity of the constitutionality of the ballot through the statutes.4.0 Due Process an d Impermissible Barrier for Citizens: The process ofelection essentially involves contests. Currently, if a candidate is to be screened,

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it is left to the other contestants in the race andlor to engaged and alert citizens, todo so through the objection process.

4.1 Here comes a substantive question: Does the statule allow for due. process in relation to We The People's right 10 a constitutional ballol, whenlhereis no contestant to an office, such as only one /lame is on the ballot for that role?What then? Who is the natural predator of the unchallenged contestant? Where isthe security that the unchallenged contestant is constitutionally qualified? Whochecks these credentials?No one! (Schultz que #2 and 3)4.2 Suggested Remedy: If 'apparent conformity' were combined with'constitutional conformity to the eligibility requirements', then there would not bethis problem that we face today. Thus, the petitioners argue the statute is deficientand must change!5.0 Public Notification: The 5 Day Rule

s h a l l be deemed to be va l id unle$S objeot ion thereto is duly made inwriting within 5 business days af ter the l a s t day fo r f i l ing thec e r t i f ic a t e o f nomination or nomination papers or pet i t ion for apublic: quest ion, with the fol lowing exceptions." (IL Code 10/8)

5.1 The Good news: We The People do get to object under current statutes!The bad news is we only have 5 days, no one has to tell us who we can object to,we aren't allowed to see proof of eligibility to decide if we should object, and noone has to give notice of our right to object.5.2 Unequal in Elections: Amazingly, in the election statutes there is nopublic notification required. Election Code in Illinois does not require the postingof a Notice ofCandidates for which petitioner has the brief 5 day period to object.(Katherine Schultz questions 5, 5a and 5b)5.3 Substantive Deficiency: No Natural Predators: The petitioners suggestit is a substantive deficiency when after the 5 day period, any candidate canobfuscate without fear of being caught, despite the obligation being on the signerof the form attesting to eligibility.5.4 More Due Process Violations: For lack of remedy for the electorate, this5 day period is an unconstitutional restraint on the petitioners' rights to have aconstitutionally elected government. The petitioners note, obviously, nowhere ineither Constitution does it say, that a candidate only must be constitutionallyeligible for office during that period of time set out through administer code toprepare a ballot .. .

Page 24 - EMERGENCY MOTION TO APPEAR BEFORE THE MCHENRY COUNTY GRANO JURY. OR APETITION AND MOTtON TO SET ASIOE AND MOTION FOR EXCEPTION: .Tilt! liberties of I people never were or ever will be secure, when tlte transactiolls o/their rulers may be conCf!OlellfrtJm IhenL Patrick Henry


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The petitioners have lacked standing, and similarly over 100 other litigants havefound they lack standing because of a rule, admittedly not the same rule, none-theless, rules blocking access to the same basic question! Currently, past the 5 dayperiod, questions of Mr. Obama's eligibility, administratively and in the courts, inthe realm of standing, have tendered failure!The obligation remains upon the signer of the Statement of Candidacy.5.5 Frustrated Electorate: In the petitioner's case, the 5 day rule is clearlyunconstitutional because it frustrates transparency, rather than assuring it for theparticipants who have a right to know if the candidates are constitutionallyeligible. It has become the impermissible barrier.6.0 Public Notice Act: Here comes the petitioner looking into the PublicNotice Act for guidance, as to how she should be properly noticed of her right toobject during the 5 day contest period, locating this:

(715 ILCS 5/3) (from Ch. 100, par. 3)Sec, 3. Whenever notice is required by law, or order ofcourt, and the number of publications is not specified, i tshall be intended that the same be published for threesuccessive weeks.(Source: R.S. 1874, p. 723.)It seems that the default standard for notice is three weeks, unless specifiedotherwise. For elections, and the 5 day period, We The People deserve to benoticed for this period as provided here, or for a period as set out specifically bylaw. No notice was provided in the 2008 and 2009 elections cycles for the 5 dayperiod.7.0 Ground for Objections: [fthere is no public posting of proof ofeligibility, then what use is the 5 day period in determining the veracity of theballot contenders?7.1 Deficient and Unconstitutional: The 5 day notice law is unreasonablebecause the rules allow the petitioners 5 days to respond, without being givensufficient notice of their rights and obligations, or public posting of proofcontestants are constitutionally qualified, and to which objections may befashioned to ...

o Or of her right to challenge these contestants.

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o Or that if she did not object, there could be unconstitutional candidates on

her ballot.o Or that the state does not verify constitutional eligibility, only certifyingballot position.

7.2 We The People Want to be Noticed Too! Filing infonnation in publicrecord in some location perhaps hundreds of miles from home, without due noticethe event is occurring, is not adequate notice to satisfy reasonable provisions ofnotice and opportunity, thus denying petitioners' right to have standing save forthis challenge to the 5 day rule.7.3 State Board of Elections - Wisdoms: On January SIn around 3pm, thepetitioner had the pleasure of speaking with Jane Gasperin at the Springfield StateBoard ofElection. Mrs. Gasperin, titled as 'Election Specialist' is the 'go to"authority for election questions in Springfield at the State Board of Elections. Thepetitioner was seeking to know how public notice is given of the "Notice Period"for the Presidential candidates.Mrs. Gasperin explained she is not aware of a procedure requiring posting aboutthe 5 day objection periods, or where such notice is posted, 'but that the publicmust know because the Board gets objections, especially on the last day.' LikeMcHenry County, the State Board maintains candidate infonnation under itsdomain, some in the Springfield office and some online. The web address islocated here: ( wWlv.eleclions.state.iI.lI'/ ) Mrs. Gasperin assisted the petitioner to learnhow to maneuver the website.Jane Gasperin essentially confinned what Mrs. Schultz spoke about in tenns ofthe ministerial role of certifying ballots for placement. The conversation withMrs. Gasperin can finned there is no specific public posting of the 5 day noticeperiod. Some basic candidate infonnation is posted online along with objectionsas soon as they are filed. Specifics related to the actual Statement of Candidacyare viewed by going to the office.7.4 Due Process Deficiency: During the 5 day notice period, there is noposting of candidate's constitutional qualifications or documents supporting, ornot, eligibility.7.5 Discretionary Posting: Illinois Election Code does not require thepublication of the Statement of Candidacy, with qualifying evidence in any publicboard or newspaper from which We The People might exercise the right toobject. It is discretionary and thus unequal and lacking unifonnity for all residentsin the state.

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7.6 Posting for Public Notice: It is common administrative procedure to postpublic notice when the public's right to object to a government action is involved.County or department ordinances must be published to provide the public withnotice that an ordinance is going up for a vote. Examples are so common, it isprima fascia.Public notices run for set periods, thus allowing the public to have notice so theymay, at their discretion, exercise their obligations.7.7 Unreasonable, Unequal and Unconstitutional: The petitioners argue,the 5 day notice rule is unreasonable because it fails to require people of Illinoisbe notified through public notice of their rights and obligations.7.8 Deprived! But for the lack of notice, and of qualifying citizenship statusinfonnation affinning eligibility, the petitioner was deprived opportunity tochallenge Mr. Obama's eligibility in a timely fashion.7.9 More McHenry County Wisdoms: Just for good measure, petitionerasked Katherine Schultz in the following 3 follow up questions: (Exhibit 2)

Three additional questions have come to mind.1) During the 1\5 da y Contes t Per iod" fo r ba l l o t qualificati .on,

does McHenry County post notice of candidates for a l l s t a t e an dFederal off ices .I do not. r believe that the SBE posts a ll f i l ings that are donea t the i r office.

2) Specifically, was Barack Obama Statement of Candidacy postedfor the US Presidentia1 election in 2008? And if so, may r pleaseknow where.r '''ould imagine that post ing of his f i l ing was done, but again itwould not be done by this off ice

3) Ar e yo u aware if an y local Newspapers posteQ the information ofMr, Ohama's Statement of candidacy during the contes t period?I would think that the papers would have done coverage on thisf i l ing, but again it is not something this off ice would t rack

Lack of Public Awareness: Conclusions from these questions are stark. There isno local notice to the petitioner or the general public in McHenry County of theobjection period during which the petitioner has a right to object. And whatposting that is done by the State Board of Elections is deficient as a self evidentprocess to which Mrs. Schultz would automatically direct the petitioner or other. citizens. This is not a negative reflection on Mrs. Schultz. Quite the contrary, heroffice reflects openness and dedication to assist the citizens of McHenry County.

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Rather, these answers reflect just how distant this notice period is in thecontinuum of he election process. Surely if the petitioner's question werestandard, Mrs. Schultz out of efficiency and basic knowledge of her roles wouldhave easily been able to refer the petitioner to the location. Clearly, there was noattempt on her part to avoid the question.7.10 Gatekeeper for Ballot Placement: Indeed, lIIinois Elections Codes andStatutes decentralize authority to the various boards to post notice, making itconfusing for voters. (10 ILCS 5f10-6)Voters, through the discriminatory practices of the arbitrators of our elections andnot having been afforded their right of notice with any required procedure, arehardly, ifat all, aware of their right and obligation to be gatekeepers for ballotplacement, especially as relates to constitutional qualifications.Therefore the sanctity of our ballot is left to a luck ofthe draw or somemischievous candidate or lawyer.7.11 Who'd have thought? It is natural to assume, understanding humantendency, that most Americans believe their ballot is valid. Most Americansassume the ballot is constitutional. They assume for good right, it is a must andshall in their constitutions. Realiy, who concerns themselves with such detailsmonths and months, even a year and more, before an election? The ones whothink about it are the ones involved in the contests.It is like the sneaky period in the American election process. Politicians and theirlawyers, like hawks to a mark, are observant to and geared up for such timefranles. They know the power of his time to manipulate the ballot placement,and thus they do so. Arguably, some objecting legitimately, while surely othersfor the chance to eliminate competition in the early phase of the election cycle.7.15 Substantil'e Argument: Mr. Obama, during his bid for the State Senateand US Senate, used the 5 day period to successfully challenge contestants to thesame office, thus eliminating them from the contest. Proof that he is quitefamiliar with Illinois election code!

Exhibit 9. Obama played hardball in first Chicago campaignhnp:/Iwww.cnn.com/2008/POLITICS/05/29/obamas.first.campaign/index.htm)Exhibit 10. How Hussein Seized the US Senate hnp:/Iwww.stop-obama.org/?p=)88

7.16 Notice in other election matters: In the election code, talking about providingpublic notice on other election matters to We The People, codes refer to varying periodsPage 28 - EMERGENCY MOTION TO APPEAR BEFORE THE MCHENRY COUNTY GRAND JURY. OR APETITION AND MOTION TO SETASIDE AND MOTtON FOR EXCEPTION:Tile libert;es ofape.ople lIever were. or ever will be secure, when the transactions of heir rulers ma), be concealed1m", them. Patrick Henry


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of 5 to 35 business days to file objections as part of providing Notice to the electorate.(ILCS 10/8)

A. In the case of pet i t ions to amend Article IV of theConstitution of the State of I l l inois , there shal l be a period of 35business days af ter th e l a s t day for th e f i l ing of such pet i t ions inwhich objec t ions can be f i l ed .B. In the case of pet i t ions for advisory questions of publicpolicy to be submitted to the voters of th e entire state, there shal lbe a period of 35 business days af ter the l a s t day for th e f i l ing ofsuch pet i t ions in which object ions can be f i led.AND(10 ILCS 5/12-5) (from Ch. 46, par. 12-5)Sec. 12-5. Notice for public questions. For a l l electionsheld af ter July 1, 1999, notice of public questions shall berequired only as se t forth in t h i s section or as se t forth inSection 17-3 or 19-3 of the School Code. Not more than 30 daysnor less than 10 days before the date of a regUlar election atwhich a public question is to be submitted to the voters of apol i t ical or governmental subdivision, and a t leas t 20 daysbefore an e r n e ~ g e n c y referendum, the elect ion authority shallpublish notice of th e referendum. The notice shal l bepublished once in a local, community newspaper having generalcirculat ion in the pol i t ical or governmental subdivision.

Severe Deficiency: That there was no notification of the objection period.Severe Deficiency creating due process violation: Even with a notice period, ifthe citizens are not permitted to see the qualifYing documents, to what end is thenotice?Timing: Timing concerns are an administrative role, but are clearly subservient tothe constitutional mandate.7.] 7 Multiple Attempts: Actually, after the 5 days, petitioner can see no wayshe could have objected, save doing as she is now, and becoming an electionexpert of this issue. It is through this process that she finally came to understandthe answer to the question of how she was defrauded of her vote.The Court would kindly recall in the original petition, the petitioner referred to allthe attempts she and many others with her, and many more on their own, havemade to get the answer to this question of voter fraud.7.18 Severe Deficiency -The Current Election: But for the lack of notice, andavailable qualifying documents establishing constitutional qualifications, The

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petitioner was deprived the opportunity to challenge all contestants on the currentballot, now before her, (voting begins January 11th) in a timely fashion.

7.19 Motion for Exception: Through the unconstitutional requirement of theobligation of the 5 day rule, petitioner was not given the opportunity to challengeMr. Obama's Statement of Candidacy in a timely fashion.7.21 Truth or Dare?: Whether Mr, Obama lied in his application is a questionto which the petitioner lacks standing to ask because of the 5 day notice period towhich she was served no notice. Additionally, there is no redress for the petitionerto question the 'signer,' who has the obligation, on any Statement of Candidacyafter 5 days. Thus a crafty and experienced contestant knows that after the 5 dayperiod, save extreme citizen effort, that they are considered eligible.7.22 Conclusions:Due Process Argument: It is unreasonable to expect the petitioner can object tosomething to which she was not given notice. The 5 day period is unreasonablebecause no statue or administrative procedure requires the citizenry be "noticed"during the 5 day period.Unreasonable: It is unreasonable to expect the citizen to object to somethingwithout being afforded public proof to something for which objection can bebased.If the burden is to be on the citizens to object to assure a constitutional ballot, thenthe citizens should be afforded due notice with the necessary documents todiscern objections.Suggested Remedy: To require all constitutional qualifications be verified andaffirmed, along with verifying documentation. Verifying documentation is madeavailable for public scrutiny.In addition, the petitioners argue that confonnity to constitutional eligibilitymandates for office cannot lack standing based on timing (ie the 5 day rule). Thus,when there is a dispute of citizenship, that dispute is gennane until status isdetermined.

The Other Culprit: The Statement of Candidacy Form:Time for a revision here! How many changes are needed?1.0

(10 ILCS 5/10-5) (from Ch. 46 , par. 10-5)Sec. 10-5. All pet i t ions for nomination shall , besides containingthe names of candidates, specify as to each:1. The office or offices to which such candidate or candidatesPage 30- EMERGENCY MOTION TO APPEAR BEFORE THE MCHENRY COUNTY GRAND JURY. OR APETITION AND MOTION TO SET ASIDE AND MOTION FOR EXCEPTION: .The liberties0/a people new!r were or e'.-'er will be secure, when the transactions oltlleir rulers may be cOlJcealedfrom '''em. Patrie/': Henr),


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shal l be nominated.2. The new pol i t ica l party, i f any, represented, expressed in notmore than 5 words. However, such party shal l not bear the same nameas. no r include the name of any established poli t ical party asdefined in this Article. This prohibit ion does not preclude anyestablished pol i t ica l party from making nominations in those cases inwhich it i s authorized to do so .3. The place of residence of any such candidate or candidateswith the s t r ee t and number thereof, i f any. In th e case of electorsfor President and Vice-President of the United States . th e names ofcandidates for President and vice-President may be added to th e partyname or appellation.Such cer t i f icate of nomination or nomination papers in additionshall include as a par t thereof, the oath required by Section 7-10.1of this Act and must include a statement of candidacy for each of thecandidates named therein, except candidates for electors forPresident and Vice-President of the United States. Each suchstatement shal l se t ou t the address of such candidate, the office forwhich he i s a candidate, shal l s tate that th e candidate is qualifiedfor the off ice specif ied and ha s f i led (o r will f i le before the closeof the peti t ion f i l ing period) a statement of economic interests asrequired by th e I l l inois Governmental Ethics Act, shall request thatthe candidate 's name be placed upon the official bal lot and shall besubscribed and sworn to by such candidate before some off icerauthorized to take acknowledgments of deeds in th is State, and may bein substant ial ly the following for.m:State of I l l inois)

) S8.County of . . . . . . . )I, . . . , being f i r s t duly sworn, sa y that I reside a t . . . . s treet ,in th e ci ty (or village) of . . . . in th e county of . . . . State ofI l l ino is ; and tha t I am a qual i f ied voter therein; that I am acandidate for election to th e office of . . . . to be v