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A lawsuit challenging Barack Obama’s presence on the 2012 presidential election ballot because of questions over his constitutional eligibility that was thrown out by a judge who earlier determined it wasn’t timely has returned to haunt election officials in the state with a request that the Obama victory results be quashed.

“Defendant Barack Hussein Obama is a direct threat to the safety and security of the United States, and its Constitution, which plaintiff must protect and defend by oath,” according to the complaint, which was delivered to Secretary of State Ken Detzner today.

The case earlier this year was dismissed by Circuit Judge Terry Lewis, who said Obama’s eligibility could not be challenged at that time because under Florida election law, technically, Obama hadn’t been nominated to the position.

As WND reported, Michael Voeltz, who identifies himself as “a registered member of the Democratic Party, voter and taxpayer in Broward County,” had challenged Obama’s eligibility, arguing that the “natural born citizen” clause was rightly understood in historical context to mean a child not only born in the U.S., but born to two American-citizen parents, so as not to have divided loyalties. Obama, however, readily admits to being born a dual citizen because of his father’s British citizenship.

In his decision then, Lewis noted that the United States Supreme Court has concluded that “every person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States.”

However, attorney Larry Klayman, who is representing Voeltz, said, “The judge equated being a ‘citizen’ with a ‘natural born citizen’ and cited no authority to conclude the two terms are the same. He quotes other state’s cases, where judges reached that conclusion, but that’s not precedent for him. What other courts said in lower cases means nothing to him.”

Klayman also had been concerned that the judge determined the burden of proof that Obama is ineligible fell on Voeltz – but then refused to authorize discovery in the case which could have confirmed that eligibility status.

“How can you say we have the burden of proof, then not allow discovery?” Klayman asked. “He says we have burden, but doesn’t allow us to meet it.”

And he said Voeltz has standing to bring the case, under Florida law.

Is Obama constitutionally eligible to serve? Here’s WND’s complete archive of news reports on the issue

The original case sought to exclude Obama from the 2012 ballot. Klayman and Voeltz claimed that Obama is not a natural born citizen as required by Article 2, Section 1 of the U.S. Constitution, because he was born a British subject.

The case cited the evidence produced by Arizona Sheriff Joe Arpaio’s special investigative unit, which has asserted that the birth documentation from Hawaii that Obama claimed was “proof positive” of his Hawaiian birth is not real.

And Florida law provides that anyone qualified to vote in an election may challenge a candidate based on ‘ineligibility of the successful candidate for the nomination or office in dispute.”

Now the new complaint explains the challenge to Obama’s eligibility is “within the proper time frame and venue established by the ‘contest of election’ statutes of Florida.”

“Plaintiff asserts that Defendant Barack Hussein Obama is not a natural born citizen of the United States because he was born a British subject of a British subject father, Barack Obama Sr., who was married to the mother of Barack H. Obama at the time…,” it explains.

“Barack Obama Sr., a citizen of the British colony of Kenya, and his children, were subject to the operation of the British Nationality Act of 1948. By the operation of Part 1 Section 1 of that Act, Barack Hussein Obama became a British subject, upon birth to a British subject father. It is not known whether he has lost that birth allegiance to the British crown.”

And, according to the complaint, the natural born citizen clause specifically was inserted to address the possibility of foreign influence at the highest levels of the U.S. government, in the White House.

“Law of Nations defines the term of art ‘natural born citizen’ as one born in the country [to] parents who are that country’s citizens.

“Plaintiff Michael C. Voeltz has standing, as a Florida voter, and taxpayer, to challenge the ‘nomination or election of any person to office’ based on the winning candidates’ eligibility for the office sought. … The state of Florida has chosen, by popular election, the electors for Defendant Barack Hussein Obama to be president … Plaintiff has fulfilled all aspects of the Florida election statutes for this challenge of eligibility, as to timing, venue, and indispensable parties.”

The case notes that the complaint is being filed before the Florida electors meet to cast their vote in the Electoral College, a procedure that affirms the popular vote choice made Nov. 6.

The case asks the Florida Elections Canvassing Commission to decertify the Florida General Election upon a “judicial determination of the ineligibility of Barack Hussein Obama to serve as president … and to certify the electors for Mitt Romney as the winner.”

Klayman has argued that since Obama, by his own admission, was not born to two citizen parents, he is not a “natural born citizen” and, therefore, is ineligible to be a candidate on the state’s election ballot.

Florida’s election statutes provide broad protections for voters to ensure that the integrity of the election system is beyond reproach. One of the laws allows voters to challenge the nomination of a candidate who is not eligible for the office he is seeking.

Is the question of Obama's eligibility a dead issue?

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