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As reported here Attorney Larry Klayman filed a motion seeking an emergency rehearing in the Florida electoral challenge. The case was originally dismissed last month by Judge Kevin Carroll. On Monday Klayman filed a notice of newly discovered case authority that shows the Florida court has jurisdiction to rule on Obama’s eligibility and fraud. EXCERPT:
Plaintiff Michael Voeltz, by and through his undersigned counsel, hereby files this Notice of Newly Found Case Authority and Supplement to Motion For Rehearing.
In conducting further research, Plaintiff has come across the case of Palm Beach County Canvassing Board v. Harris, 772 So.2d 1273 (Fla. 2000) (Exhibit 1), legal authority that was somehow overlooked by the court and the parties.
At issue here is the applicability of Florida Election law to the presidential election. In considering the presidential election, the Florida Supreme Court ruled:
“It is important, perhaps, to remind ourselves that the Florida Legislature has expressly vested in the voters of Florida the authority to elect the presidential electors who will ultimately participate in choosing a president:
Electors of President and Vice President, known as presidential electors, shall be elected on the first Tuesday after the first Monday in November of each year the number of which is a multiple of 4. Votes cast for the actual candidates for President and Vice President shall be counted as votes cast for the presidential electors supporting such candidates. The Department of State shall certify as elected the presidential electors of the candidates for President and Vice President who receive the highest number of votes.
§ 103.011, Fla. Stat. (2000). By providing for the popular election of presidential electors, Florida’s Legislature has also placed that election under Florida’s general statutory election scheme. Hence, there is essentially only one statutory election scheme for all elections whether the elections be for local and state officials or for presidential electors. The Legislature has not chosen to have a separate set of election laws for elections for presidential electors. The Legislature has chosen to have a single election code control all elections. So, we must interpret and apply that single election code here.” Id. at 1290-1291.
The Florida Supreme Court then concluded, “[i]n sum, Florida’s statutory scheme simply makes no provision for applying its rules one way for presidential elector elections and another way for all other elections. ” Id. at 1291.
The Supreme Court of Florida has thus conclusively already ruled that this court has jurisdiction to consider and rule upon Plaintiff Voeltz’s election challenge on eligibility and fraud. This court must respectfully grant an evidentiary hearing. There should logically be no need for Plaintiff to notice up a hearing, as this court had already committed itself to provide a hearing before it incorrectly and precipitously dismissed Plaintiff’s complaint. Given the requirement under Florida law that election disputes be adjudicated quickly, this court must respectfully set an evidentiary hearing and adjudicate the issues at the earliest time practicable. Moreover, the case is not moot. Indeed, in the now famous 2000 Bush/Gore election challenge cases, this Court proceeded to adjudicate the parties’ dispute long after the Florida Electors had met.
Plaintiff is available January 2 or 3, 2013 for a telephonic status conference to set the date for a specially set evidentiary hearing on the merits, as the law is now clear that one is required and that the prior dismissal order should be immediately vacated and set aside, as it was legally in error. [...] … continued below… - Klayman’s Notice via the Obots @ BR and Jack Ryan.
NOTICE W/EXHIBITS CONTINUED BELOW OR HERE: http://www.scribd.com/doc/118730291 Voeltz v Obama – Newly Found Case Authority Notice – Florida Obama Electoral Challenge – 12/31/2012
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