A Manhattan man was scheduled to argue before state officials Thursday afternoon that President Obama’s name should not be allowed on the November general election ballot.
The appeal by Joe Montgomery was to be heard by The Kansas Board of Objections, a three-person body that resolves ballot-eligibility issues. The board is comprised of Lt. Gov. Jeff Colyer, Secretary of State Kris Kobach and Atty. Gen. Derek Schmidt. All three are Republicans.
In material filed with the Secretary of State’s office, Montgomery argues that Obama’s name should be stricken from the ballot because he does not meet the constitutional requirement that candidates have been “born in this country to parents who are both U.S. citizens, primarily to a U.S. citizen father.”
Montgomery asserts in his complaint that Obama’s father was not a U.S. citizen. “Barack Obama Sr. retained his British and Kenyan citizenship and passed them on to his son, which Mr. Obama has publicly claimed on his Fight The Smears website,” Montgomery argues.
He added that through various legal challenges, the president “has failed to provide any valid, certified, documentary evidence to legally establish birth in this country, much less to citizen parents.”
As part of the evidence file, the state panel was also expected to consider a response to the complaint from Kip F. Wainscott, the legal counsel; for Obama For America, the president’s campaign organization. In that slightly more than one-page response, Wainscott likens Montgomery’s complaint to “the scattered remnants of ‘birthers’ in other proceedings,” citing “a unanimous series of cases in federal and state courts that have unequivocally rejected the same factual and legal contentions, and also despite public records that have been released demonstrating conclusively that the president was born in Hawaii in 1961.”
Wainscott specifically rejects Montgomery’s assertion that Obama’s qualification is undermined by his father’s non-citizen status. “For over a hundred years the Supreme Court has held otherwise, he argues.