The Tennessee ballot challenge is nearly identical to the Federal challenge in terms of argument. The difference is that it is being heard in TN state court* and specifically references TN state election code. Essentially the case asserts that the Defendant, the National Democratic Party, intends to commit negligent mis-representation or fraud by certifying Obama for the TN general ballot. We present facts to support this allegation and ask the court for a preliminary injunction to prevent any certification from the Democratic Party absent a showing that proves Obama is a natural born citizen.
*Update – the Defendants have moved the case to the United States District Court for the Western District of Tennessee. We filed a motion to remind the case back to state court, but the Federal Court has denied that motion.
Current Status: The Defendants’ have asked the court to dismiss our case, to dismiss the DNC and Debbie Wasserman Schultz as defendants and/or to change venue to a different court (again). Liberty Legal Foundation has responded to these motions with our filings below and we now wait for the court to rule.
Read the latest UPDATE – 4-19-12
Filings to date:
5/14/12 – Defendant’s file reply to Plaintiffs’ Opposition to Motion to Dismiss stating “The remainder of Plaintiffs arguments in opposition to the instant Motions, e.g., the power of the majority, human rights, etc., constitute empty rhetoric absent any basis in law.”
5/3/12 – Liberty Legal Foundation files Plaintiffs’ Opposition to Defendants’ Motion to Dismiss
5/3/12 – Liberty Legal Foundation files Plaintiffs’ Opposition to Dismiss for Improper Venue
4/13/12 – Federal Court Denies Motion to Remand Case Back to TN State Court
3/14/12 – Liberty Legal files Motion to Remand Certification Class Action back to TN State Court
3/14/12 – Memorandum of Law in Support of Motion to Remand Certification Class Action back to TN State Court
3/1/12 – Defendants’ Memorandum in Support of Motion to Dismiss Pursuant to Rule 12(b)(3)
3/1/12 – Defendants’ Motion to Dismiss Pursuant to Rule 12(b)(3)
3/1/12 – Defendants’ Memorandum in Support of Motion to Dismiss Pursuant to Rule 12(b)(2)
3/1/12 – Defendants’ Motion to Dismiss Pursuant to Rule 12(b)(2)
3/1/12 – Defendants’ Memorandum in Support of Motion to Dismiss Pursuant to Rule 12(b)(1)
3/1/12 – Defendants’ Motion to Dismiss Pursuant to Rule 12(b)(1)
10/26/11 -Tennessee Complaint Filed – Download the Complaint
10/26/11 – Download the Motion for Preliminary Injunction
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