combined memorandum for nom w affidavit to reargue the nom for fac w exhibits nys 29642-08 022811

SUPREME COURT OF T m STATE OF NEW YORK COUNTY OF KINGS Index No.: 29642 / 08 """"""-""--------I-----------------------------.--------------------~ Christopher Earl Strunk, (Hon. Justice David I. Schmidt)

Plaintiff, -against-

NOTICE OF MOTION David A. Paterson (NYS Governor), Andrew Cuomo

TO REARGUE THE REQUEST

FOR LEAVE TO FILE

Christine Quinn (NYC S eaker of the Council), E THE FIRST AMENDED William Thom son (NY Comptroller), Jim Tedisco (AS Assemblyman), Dean Skelos SUMMONS AND COMPLAINT (President pro tempore of the NYS Sen Official Ca acities and individually, the Candidate l% esidential Electors as a clas Ca acity and individually; The New Yo E of lections and John Does and Jane Does

---------------------------------------------.-

PLEASE TAKE NOTICE that upon

a f fmed February 18,201 1 with exhibits annexed, with leave, will reargue

fust amended summons and complaint declined on January 1 1,201 1 as

David I. SC* Part 47 COU- the Courthouse at 360 Adams Street Brooklyn New 1 I

9:30 O'clock before Noon or at a time designated by

I9 2011 Dated: February -, I I

Y Brooklyn New York I

Christopher-Earl: Strunk in esse 593 Vanderbilt Avenue #281 .

Brooklyn, New York 11238 Email: [email protected] Ph. 845-901-6767

Kimberly A. Galvin, Esq. for the Andrew Cuomo, NYS Governor New York State Board of Elections The Capitol 40 Steuben Street. Albany , NY , 12207 Albany, New York 12224

RUTH NO EM^ C O L ~ N Acting Secretary of ERJC SCHNEIDERMAN State for the NYS Department of State NYS Office of ATTORNEY GENERAL One Commerce Plaza by: JOEL GRABER, ESQ. AAG 99 Washington Ave, Albany, NY 12231-0001 Assistant Attorney General

120 BROADWAY - New York, New York 10271

Notice nf Mntinn

Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

Affidavit to Reargue NOM for FAC Page 1 of 5

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 29642 / 08 ---------------------------------------------------------------------------x Christopher Earl Strunk, Plaintiff, -against- AFFIDAVIT IN SUPPORT OF David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli OF THE MOTION (NYS Comptroller), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), TO REARGUE THE REQUEST Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), TO FILE THE FIRST AMENDED William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos SUMMONS AND COMPLAINT (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does Defendants. -------------------------------------------------------------------------x STATE OF NEW YORK ) ) ss. COUNTY OF KINGS ) Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under

penalty of perjury:

1. That I am the self represented Plaintiff, Christopher-Earl: Strunk in esse

(Affirmant, Strunk) with place for service at 593 Vanderbilt Avenue – 281 Brooklyn

New York 11238 telephone (845) 901 -6767 and email: [email protected].

2. This Affidavit supports the Notice of Motion to reargue the Motion to file a

First Amended Complaint (FAC) by CPLR §305 and Rule §3025(b) to supplement

the underlying Summons with Verified Complaint filed on or about October 29,

2008, and this motion is submitted with the motion requesting leave to reargue

with leave afforded by CPLR 2221(d) (see Exhibit 1) and accompanies the motion

requesting leave to file Proof of Service with the Clerk of the Court (see Exhibit 2);

there is no previous request for this relief, nor is there another to benefit.



3. That on January 18, 2011, Plaintiff memorialized recollection of the January

11, 2011 hearing that was duly served upon attendees and the Court (see Exhibit 3).

4. That Plaintiff has a meritorious cause of action that is affected by the first

impression Original Disposition of Law (ODOL) that settled the Petition with Index

29641-08, that with the Order shown as Exhibit 1 sub-exhibit E, when there is

adequate discovery of the particulars as a more definite statement requires Plaintiff

to supplement the underlying Complaint (see Exhibit 4) with causes of action

describing in particularity the fraud with unjust enrichment that occurred as a

result of the Public Officers maladministration of laws and regulations governing

State action for ballot access, and thereby adding essential parties with an amended

summons with amended complaint to be served before the case may be perfected.

5. There was Court misapprehension of the effect of the ODOL in regards to:

a. Approval of each Presidential elector class of public officers holding two

public offices for payment who served as public officers not individuals per

se was required by the decision of law before a complaint was possible;

b. determination of the degree that the Breach of Public Officers fiduciary duty

alleged in the Complaint involves criminal sedition and treason in the civil

matter requires notice to the authority with crime enforcement jurisdiction;

c. The role of the then Secretary of State Lorraine A. Cortez-Vazquez as a

neutral State Officer and also a Federal Officer with the Help America to Vote

Act of 2002 (HAVA) section 213 (a) (1) (A), who was not a named defendant in

the underlying complaint, should have taken responsibility to review each

class of Presidential Elector slate both before and after November 4, 2008



General Election was duly served notice;

d. That there is a conflict of interest with then Attorney General Andrew

Cuomo / now Governor who is an elector for the Democratic Presidential

candidate slate and given notice of allegations of criminal activity in the

complaint including himself raises serious questions of impropriety were

an investigation not commenced, and at best appearance of impropriety

were he not to appear individually after service on December 1, 2008;

e. That there is a conflict of interest with then Governor David Paterson who

Is an elector, appoints the Secretary of State who serves at his pleasure,

and has authority to investigate allegations of criminal wrongdoing in the

complaint raises serious questions of impropriety when not investigated,

and at best appearance of impropriety were not to appear after service;

f. That the Attorney designated for service upon the NYS Board of Elections

by personal service of the Complaint allegations of criminal wrongdoing

by effect of ODOL renders the NYS Board of Elections principal agent

liable personally for their breach of fiduciary duty to equally enforce State

law and regulations as to presidential candidates slate ballot access.

6. The Court misapprehension of the effect of the absence of the Proof of Service

completion with the Clerk of the Court, bars Plaintiff from filing a default judgment

as against Defendant(s) without leave of the court as with CPLR 307(2) and 308(3);

7. That the fact that the Court in 2008 declined a subpoena for discovery of

information germane herein and in 2009 as now involve the FOIA action with a



pending motion for summary judgment in Strunk v. DOS et al. DCD 08-cv-2234

(RJL), the matter of not filing for default within the year allotted supports the

requirement for sufficient cause in CPLR §3215(c), and therein affording discretion

by the Court to grant an extension of time for perfecting the complaint with an

action involving: CPLR §2001 for mistakes, omissions, defects and irregularities, at

any stage of an action; CPLR §2004 for extensions of time generally, except where

otherwise expressly prescribed by law, the court may extend the time fixed by any

statute, rule or order for doing any act, upon such terms as may be just and upon

good cause shown, whether the application for extension is made before or after the

expiration of the time fixed; CPLR §2005 for excusable delay or default; that upon

an application satisfying the requirements of subdivision (d) of section 3012 (1) or

subdivision (a) of rule 5015, the court shall not, as a matter of law, be precluded

from exercising its discretion in the interests of justice to excuse delay and or

default resulting from law office failure were third party service considered such.

8. Plaintiff has improved on the Verified FAC with Amended Summons annexed

herewith (see Exhibit 5) that provides nunc pro tunc additional facts and details as

a more definite statement of the ongoing injury suffered by Plaintiff along with

those similarly situated, requires the addition of necessary parties, and the

treatment of the Democratic Party Electoral College of New York as a Class rather

than as a matter of individual persons, in that the election and vote has already 1 CPLR §3012(d) for extension of time to appear or plead. Upon the application of a party, the court may extend the time to appear or plead, or compel the acceptance of a pleading untimely served, upon such terms as may be just and upon a showing of reasonable excuse for delay or default.

Sfhunk v Patersan et d. NYS Supreme Court of Kings Index No. 2%42-08

occufied and i is merely a matter of state and federal record at the present; and

further, that 0 . @vm aa mxtus i* h act have kmr! &t.

9. That ABflkmant knows foregaing contents apply to me and my injury that by

Respondents nmisapplication and misadministration of law presents a question of

&st impressihn as a Stab question involving the quwtionable seating of the New

York Electorahl College a€ter the questionable ballot access afforded by arbitrary and

capricious actition ofthe NYS Board of Elections et al. for the various Party

Presidential CCandidate Slates at the General Election of November 4,2008; the

same is true kko my own knowledge, except as to the matters therein stated to be

alleged on infcformation and belief, and as to those matters I believe it to be true. The

grounds of myy beliefs as d mattem not shhd upon information dlnd Mefare as

follows: third fiparties, books and records, and personal knowledge.

Wherefore6 PlaintiEwishes an order ofthe Court granting

(1) the appportdty to B e and serve the fiqmed Amended Szznzmons and

VeriHied First Amended Complaint;

(2) andd for other and different relief the court deems necessary to serve - justitice herein.

Sworn befojcle me ThY $clay ohfFebmmpf 1

ARNOLD I. TlSHFlELO Notary Public State Of New York

N0.41-4611662 Qualified In Queens County

Certified In Kings County Commission Expires March 30, 20 ~. 1( . ..



Motion to Reargue the NOM for Leave to File the First Amended Summons

and Verified Amended Complaint.

Exhibit 1

“Plaintiff Motion for Leave to Reargue the NOM for Leave to File the First Amended Summons and Verified Amended Complaint with sub-

exhibits A and B”

-.

. . . . . . . Strunk v Pat .29642-08 - <-._-,ti ,-_.. . . . _ . . . . .. . . &

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------.-------------------------------------------x Christopher Earl Strunk,

Plaintiff.

Index No.: 29642 1 08

(Hon. Justice David I. Schmidt)

ihe ~ssemblv). Mdcom Smith (NYS ~enat6r). rn

NU I ~ C B ur MOTION David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNa oli - FOR LEAVE TO REARGUE THE (NYS Comotroller). Sheldon Silver (NYS goeaker of

CQUEST FOR LEAVE TO FILE Hakeem ~effnes (NYS ~ssembi~rnan for the 5 7 ~ AD), Christine Quinn (NYC S er of the Council), e"" THE FIRST AMENDED William Thom son (IVY Comptroller), Jim Tedisco ( I& S Assemblyman), Dean Skelos SUMMONS AND (President pro tempore of the NYS Senate) in th Official Ca acities and individuaIly, the Democr Candidate %, esidential Electors as a class, in tUei Ca acity and individually; The New York State of E lections and John Does and Jane Does

PLEASE TAKE NOTICE that upon the annexed affidavit of Christopher-Earl c~trunk in esse,

affirmed February 18,201 1 with Order and Notice of Entry and exhibits annexed, will move for

leave to reargue the request to frle the first amended summons and complaint declined on ' I

January 11,201 1 as before the Honorable avid-f. Schmidt at the Part 47 Courtroom in the ; 1

Courthouse at 360 Adams Street Brooklyn New York 11201, on 1 lh day of March 201 1, at 9:30 ! 1 O'clock before Noon or at a time designated by the court or as soon thereafter as counsel cai~ be i

I I

I

Christopher-Earl: Strunk in esse . 593 Vanderbilt Avenue #28 1

Brooklyn, New York 11238 Email: chris @strunk.ws Ph. 845-901-6767

Andrew Cuomo, NYS Governor The Capitol Albany, New York 12224 New York State Board of Elections

40 Steuben Street. Albany , NY ,12207 ERIC SCHNEIDERMAN

RUTH NO EM^ C O L ~ N Acting Secretary of NYS Office of ATTORNEY GENERAL State for the NYS Department of State by: JOEL GRABER, ESQ. AAG One Commerce Plaza Assistant Attorney General 99 Washington Ave, Albany, NY 12231-0001 120 BROADWAY -

New York, New York 10271

. .

Notice of Motion


Plaintiff’s Affidavit Page 1 of 4

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 29642 / 08 ---------------------------------------------------------------------------x Christopher Earl Strunk, Plaintiff, -against- AFFIDAVIT IN SUPPORT OF David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli OF THE MOTION FOR LEAVE (NYS Comptroller), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), TO REARGUE THE REQUEST Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), TO FILE THE FIRST AMENDED William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos SUMMONS AND COMPLAINT (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does Defendants. -------------------------------------------------------------------------x STATE OF NEW YORK ) ) ss. COUNTY OF KINGS ) Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under

penalty of perjury:

1. That I am the self represented Plaintiff, Christopher Earl Strunk in esse



2. This affirmation supports the Notice of Motion with CPLR §2221(d) for leave

to reargue the notice of motion for leave to file an amended summons and complaint

herewith the supporting affidavit without the exhibit annexed (see Exhibit A),

having been denied by the interlocutory Order of January 11, 2011 that was

thereafter entered and served upon Plaintiff with Notice of Entry after February 1,

2011 (see Exhibit B); and that there is no previous request for this relief, nor is

there another to benefit.



3. That pursuant to the requirements of CPLR §2221(d) for leave to reargue:

Affirmant’s request is based upon matters of fact or law allegedly overlooked or

misapprehended by the court in determining the prior motion, but does not include

any matters of fact not offered on the prior motion;

4. On January 11, 2011, at the hearing of the Notice of Motion for leave to file a

first amended complaint in the case with index 29642-08, Affirmant argued that

Plaintiff is in good faith with the requirements of the CPLR rules for service but did

not a have a copy of the original proof of service and would ascertain where it is.

5. Plaintiff subsequent to January 11, 2011 discovered he has yet to file a Proof

of Service of personal service with the clerk of the court for the original Summons

and Complaint; and asks for leave by separate motion to file the Proof of Service

Nunc pro Tunc by separate motion that should be heard with this request for leave

to reargue.

6. At the January 11, 2011 hearing the Court asked if Plaintiff had filed a

default judgment against Defendant(s) to wit Plaintiff answered no and to wit the

Court stated Plaintiff had procedural problems to resolve before the case could

proceed; and as a matter of misapprehension that without having the Proof of

Service filed with the Clerk of the Court, Plaintiff is barred from filing a default

judgment as against Defendant; and especially since there are meritorious reasons

associated with the Petition 29641-08 that presented a question of first impression

controlling this case with an original disposition of law, and affects the need for a

granting leave to supplement to the summons and complaint herein in the form



that meets the criteria for civil jurisdiction herein with CPLR §3016 (b) requiring

particularity in specific actions of Fraud where a cause of action is based upon

misrepresentation, fraud, mistake, willful default, breach of trust or undue

influence, the circumstances constituting the wrong shall be stated in detail.

7. Additionally, the fact that the Court in 2008 denied a subpoena for discovery

of information germane herein that is now involved in a FOIA action with a pending

motion for summary judgment in Strunk v. DOS et al. DCD 08-cv-2234 (RJL), the

matter of not filing for default within the year allotted supports the requirement for

sufficient cause in CPLR §3215(c), and therein affording discretion by the Court to

grant an extension of time for perfecting the complaint with an action involving:

CPLR §2001 for mistakes, omissions, defects and irregularities, at any stage of an

action; CPLR §2004 for extensions of time generally, except where otherwise

expressly prescribed by law, the court may extend the time fixed by any statute,

rule or order for doing any act, upon such terms as may be just and upon good

cause shown, whether the application for extension is made before or after the

expiration of the time fixed; CPLR §2005 for excusable delay or default; that upon

an application satisfying the requirements of subdivision (d) of section 3012 (1) or

subdivision (a) of rule 5015, the court shall not, as a matter of law, be precluded

from exercising its discretion in the interests of justice to excuse delay and or

default resulting from law office failure were third party service considered such. 1 CPLR §3012(d) for extension of time to appear or plead. Upon the application of a party, the court may extend the time to appear or plead, or compel the acceptance of a pleading untimely served, upon such terms as may be just and upon a showing of reasonable excuse for delay or default.

SbPank v Paterson et al. NYS Supreme Cowt of Kings IadexNo. 29642-08

*

8. That AlBmant knows the foregoing contents apply to me and my civil injury

with damages arss a State question involving the questionable seating of the New

York Electoral .College after the questionable ballot access dorded by arbitrary and

capricious actim ofthe NYS bard of Elections et al. for the various Party %

Presidential Camdidate Slates at the General Election of November 4,2008; the

same is true to m y own knowledge, except as to the matters therein stated to be

alleged on idbmmation and belief, and as to those matters I believe it to be true. The .

grounds of my beliefs as to all matters not stated upon information and belief are as

follows: third pwrties, books and records, and pemnal knowledge.

Whereh B3laintiEwishes an order of the Court granting

(1) . PlaintliEleave to reargue the Motion for First Amended Complaint as if

consiittered a supplement to the complaint with additional defendants

pursuaant to the original disposition of law created in the 29641-08 Petition

of deckion and order;

(2) and f k ather and different relief the court deems necessary to s e n

justicee herein.

Sworn beforeel me This B d a y ofBFebru42011

ARNOLD I. TlSHFlELD Notary Public State Of New York


Certified In Kings County * * Commission Expires March 30, 20 k. . -...

. -

Plaintiffs Affidavit Page 4 of 4


Motion for Leave to Reargue the NOM for Leave to File the First

Amended Summons and Verified Amended Complaint

Exhibit A

“Plaintiff NOM for Leave to File the First Amended Summons and Verified Amended Complaint ”

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 29642 1 08

Christopher Earl Strunk,

Plaintiff,

-against- NOTICE OF MOTION

David A. Paterson (NYS Govemor , Andrew Cuomo 4 S Attorney General), Thomas . DIN li P S Corn troller) Sheldon ~ i l ~ e r $ N Y ~ y ~ e r of

e ~ssembf ), ~a1'com Smith Hakeem Je d les S Assemb I" yman sm"r)9 for the 5p AD), Christine &7c of th Counca William Thorn son (NY Comptroller), Jim Tedisw &S Assemblyman), Dean Skelos

ident pro tempore of +e NYS Senate) in their %cia1 % ities and ind~vidually, the Democrat Candidate sidential Electors as a class, in their official Ca acity and individually; The New York State Board B

ry

of lect~ons and John Does and Jane Does 52 :- a

Defendants, z 0

x - x- - r -

PLEASE TAKE NOTICK that upon the annexed affidavit of Christopher-Earl : S ~ I ~ esse, b -2

afErmed November 11,2010 with exhibit annexed, will move for leave to file and servpthe; Q --

Amended Summons and Verified Fi Amended Complaint before the Honorable ~ a n % I. ' \ Schmidt the Part 47 Courtroom in the Courthouse at 360 Adams Street Brooklyn New York 3 10007, @ day of November 2010, atJ$:30 O'clock before Noon or at a time designated by

the court as soon t h e d e r as coumxl can be

3 Christopher-Earl: Strunk in esse 593 Vanderbilt Avenue #281 Brooklyn, New York 11238 Email: [email protected] Ph. 845-901-6767

CC:

STATE OF NEW YORK Kimberly A G a l a Eq. OFFICE OF THE ATTORNEY GENERAL New York State Board of Elections

*

ANDREW M. CUOMO 40 Steuben St. BY: JOEL GRABER, ESQ. Albany , Ny, q?, * Assistant Attorney General ldc:~ ~0 120 BROADWAY - ? $3; 7 ; ,,

F E ~ F ; ; .!& c[&<K NEW YORK, New York 10271

1 4 4 * * 00

Gk%, 8 - 7 Notice of Motion

-4 11,- , :.



SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 29642 / 08 ---------------------------------------------------------------------------x Christopher Earl Strunk, Plaintiff, -against- AFFIDAVIT IN SUPPORT OF David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli OF THE MOTION FOR (NYS Comptroller), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), PERMISSION TO FILE A Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), FIRST AMENDED COMPLAINT William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does Defendants. -------------------------------------------------------------------------x STATE OF NEW YORK ) ) ss. COUNTY OF KINGS ) Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under

penalty of perjury:




2. That I am of sound mind, make this statement without reservation or intent

of deception or connivance in the matter of my own, my family and associates’ well

being safety and rights.

3. This Affidavit is in support of the Notice of Motion for permission to file a

First Amended Complaint (FAC) to the underlying Verified Complaint filed on or

about October 27, 2008 and is filed with leave under CPLR Rule 305 and Rule

3025(b); there is no previous request for this relief, nor is there another to benefit.



4. That the Verified FAC with Summons annexed herewith provides nunc pro

tunc additional facts and details as a more definite statement of the ongoing injury

suffered by Plaintiff along with those similarly situated and that requires the

addition of necessary parties and the treatment of the Democratic Party Electoral

College of New York as a Class rather than as a matter of individual persons in that

the election and vote has already occurred and is merely a matter of state and

federal record at the present; and further,

5. That Plaintiff’s injury as a matter of complexity requires standing with CPLR

§1353 regarding civil preceding regarding enterprise corruption by all Defendant

individuals’ malicious promotion of a scheme to defraud the people of the New York

state in promotion of ballot fraud with the 2008 election cycle with ineligible

Presidential Candidates intent to launder campaign funds both foreign and

domestic to seize the Executive.

6. That necessary Parties as yet known are joined herein pursuant to CPLR

§1354 as persons and or enterprise not convicted of the crime of enterprise

corruption that is a party to a civil action under this Article 13, whenever joinder of

such person or enterprise is necessary with CPLR §1001; and according to Penal

Law § 460.40 Enterprise corruption jurisdiction is afforded the Court for

participation by a person(s) preparatory to, however separate from a State Finance

Law Article 13 Section 190 application.

7. That Plaintiff alleges a suffrage and property taking injury effected by

violation of Penal Law § 105.35 by all Defendants individually that are part of a



conspiracy of enterprise corruption against the fisc and real property owners as a

class similarly situated with applicability for purposes of this article, as to

conspiracy to commit the crime of enterprise corruption in violation of section

460.20 of this chapter shall not constitute an offense; however, includes but is not

limited to:

Penal Law : § 155.30 Grand Larceny in the fourth degree when The property,

regardless of its nature and value, is taken from the person of another; § 170.10

Forgery in the second degree; § 175.25 Tampering with public records in the first

degree; § 175.35 Offering a false instrument for filing in the first degree; § 175.40

Issuing a false certificate; § 210.40 Making an apparently sworn false statement in

the first degree; § 200.04 Bribery in the first degree; § 190.65 Scheme to defraud in

the first degree; § 470.05 Money laundering in the fourth degree; and further,

Election Law: § 17-102. Misdemeanors at, or in connection with, primary

elections, caucuses, enrollment in political parties, committees, and conventions;

§17-106. Misconduct of election officers; § 17-120. Misconduct in relation to

certificate of nomination and official ballot; § 17-128. Violations of election law by

public officer or employee; § 17-152. Conspiracy to promote or prevent election;

and§ 17-168. Crimes against the elective franchise not otherwise provided for. Any

person who knowingly and willfully violates any provision of this chapter, which

violation is not specifically covered by any of the previous sections of this article, is

guilty of a misdemeanor; with related law in its entirety.



8. That this case has been awaiting results of Affirmant’s FOIA case against the

U.S. Department of State et al. in Washington District of Columbia U.S. District

Court 08-cv-2234 wishing to obtain facts germane to Causes of Action Two thru Five

of the underlying complaint and that have been in part incorporated into the First

Amended Complaint herewith annexed; and while there Affirmant in association

with other cases has obtained other prima facia facts germane to the first thru fifth

Cause of action herein, including notification of the issuance of two affidavits sworn

by Speaker of the House Nancy Pelosi in her individual capacity as a member of the

Democratic party at the National Democratic Party Presidential Nominating

Convention shown in FAC Exhibits B, and C.

9. That there is now substantial prima facie evidence of fraudulent misdirection

to put Barack Hussein Obama. John Sidney McCain III, and Roger Calero onto all

the State ballots in 2008 at the Federal Elections, involves Defendants Andrew

Cuomo the New York Attorney General and Lorraine A. Cortez-Vazquez the New

York Secretary of State, NYS Board of Elections, et al. also involves Governor

Paterson’s Jesuit Chief of Staff who orchestrated the deception from the governor’s

office without properly informing the Governor who is legally blind and otherwise is

unable to ascertain such facts for himself relied on the Jesuit, and as such all are in

the conspiracy as defined by 42 USC 1985(3) to disrupt suffrage and among other

laws that breach Defendants fiduciary duty and injure Plaintiff who contends the

State “Little” RICO applies as presently before the Justice David I Schmidt herein.

10. That the NYS Election Law does not express that any of the respective



Presidential Ballot Certificates must be a sworn statement or as it requires every

other certificate to be sworn as to all matters true and correct as in other Articles

thereby arguendo sets a greater responsibility upon the NYS Board of Election

Commissioners and or their agents or the Sub-divisions thereof as a fiduciary duty

to ascertain the veracity accordingly since it has not been done by a notary public or

commissioner of deeds under oath, thereby shifting the burden to the Defendant

Board and or sub-divisions accordingly, and that Plaintiff alleges when upon

examination of all the Presidential Ballot Certificates shows an arbitrary pattern of

enterprise corruption scheme to defraud requiring among other relief a Judicial

Declaratory judgment as a legal matter of first impression regarding the fiduciary

duty of public officials to make sure there is equal treatment of all certifications for

ballot access that has not been done for the 2008 election cycle.

11. That Affirmant has had previous discussions about sealing this case from the

public because of my fear of reprisals and that NY Assistant Attorney General and

Defendants Counsel Joel Graber stated that sealing would be difficult unless it were

strictly a family / domestic relations type of sealing, not something like this case;

and therefore as I agree with Mr. Graber, a suitable protective order and related

relief associated with it is appropriate and reasonable under the circumstance and

that the public has a right to know what we are doing; and

12. Therefore at this point in time, Affirmant asks for a protective order as to

Christopher-Earl: Strunk in esse alone, and that Affirmant be afforded an order for

a weapon conceal carry privilege in New York state.


13.That Affirmant knows foregoing contents apply to me and my injury that by

Respondents misapplication and misadministration of law presents a question of

first impression as a State question involving the questionable seating of the New

York Eledoral College after the questionable ballot access afforded by arbitrary and

capricious action of the NYS Board of Elections et al. for the various Party

Presidential Candidate Slates at the General Election of November 4,2008; the

same is. true to my own knowledge, except as to the matters therein stated to be

alleged on information and belief, and as to those matters I believe it to be true. The

grounds of my beliefs as to all matters not stated upon information and belief are as

follows: 3rd parties, books and records, and personal knowledge.

Wherefore Plaintiff wishes an order of the Court granting the opportunity to

file and serve the Amended Summons and Verified First Amended Complaint; and

for other and different relief the court deems necessary to serve justice herein .

& @& Christopher Earl Strunk

Sworn to before me

. - t . - . .

- . . . - - A : . - = MATTHEWS HUGGINS

. . . . . : ., r Notary Public, State of New York .. . L ' . , . - - - . . . . . - - - - - - . . - - . . No. 01HU6103403 -.. -

'\ -.. . . -.-, N,.. Qualified in Kings County --. " '"-.-..

f - -- -

Commission Expires DBC. 29, zo/ f . P ~.

Plaintiffs Affidavit Page 6 of 6

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS

Christopher Earl Strunk, Index No.: 29642 / 08 Plaintiff,

Plaintiff designates agninst- The County of Kings as the

Place of Jury trial. DAVID A. PATERSON, ANDREW CUOMO, THOMAS P. DINAPOLI, in their official capacity and individually; The basis of venue is the THE DEMOCRAT CANDIDATE PRESIDENTIAL ELECTORS plaintiffs place for suffkage AS A CLASS, in their official capacity and individually; SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama) Individually; O B ' FOR AMEMCA; OBAMA VICTORY AMENDED SUMMONS FUNQ NANCY PELOSI individuall9; DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK; STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE; JOHN SIDNEY MCCAIN 111, individually; MCCMN ??CTORY2008; MCCATN-PUN VCTORY2008; JOHN A. BOEHNER, individually; THE NEW YORK STATE REPUBLICAN STATE COMMITTEE; THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY; STATE COMMITTEE OF THE CONSERVATn7E PARTY OF NEW YORK STATE; R ~ G E R CALERO, individually; THE SOCLALIST WORKERS PARTY; XYZ JOlNTFUN3)h2USING COMMIIS,EES NEW YORK STATE BOARD OF ELECTIONS; NEW YORK STATE BOARD OF ELBCTIONS, JAMES A. WALSH / Co-Chair, DOUGLAS A. KEUNER / Co-Chair, EVELYN J. AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner, Deputy Director TODD D. VALENTIW, Deputy Director STANLEY ZALEN, LORRAINE A. CORTEZ-VAZQUEZ, Plaintiffs place for suffhge: Secretary of the State of New York, individually; ZBIGNIEW 593 Vanderbilt Avenue - 281 KAIMIERZ BRZEZINSKI, John and Jane Does; and XYZ Entities. Brooklyn, New York 11238

Defendants.

To the above-named Defendants:

YOU ARE HEREBY SUMMONED to answer the first amended complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days aAer the service is complete if this summons is not personally delivered to you within the State'of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.

&@@-4. Dated: Brooklyn, New York ~overnber 201 0

Christopher Earl Stnmk, plaintiff pro se 593 ~Gderbilt Avenue #28 1, Brooklyn, New York 1 123 8. (845) 901 -6767 E-mail: chris@-ws

2

To: Defendants as follows: [continued on p. 2] David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General / Governor Elect), The Capitol Albany, New York 12224 Thomas P. DiNapoli (NYS Comptroller), Office of the NYS Controller 110 State Street Albany, NY 12236 THE DEMOCRAT CANDIDATE PRESIDENTIAL ELECTORS AS A CLASS c/o LORRAINE A. CORTEZ-VAZQUEZ Department of State One Commerce Plaza 99 Washington Ave, Albany, NY 12231-0001 ZBIGNIEW KAIMIERZ BRZEZINSKI c/o Columbia University in the City of New York School of Foreign Affairs 2960 Broadway New York, NY 10027-6902, SOEBARKAH (a.k.a. Barry Soetoro, a.k.a Barack Hussein Obama) c/o The White House 1600 Pennsylvania Avenue, N.W. Washington, District of Columbia 20500 OBAMA FOR AMERICA by Martin H. Nesbitt, Treas. PO Box 8102 Chicago, IL 60680 OBAMA VICTORY FUND by Andrew Tobias, Treas. 430 South Capitol Street SE Washington DC 20003 NANCY PELOSI 235 Cannon House Office Building Washington, DC 20515-0508 DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK 461 Park Avenue South New York, NY 10016 STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE 2-4 Nevins Street Floor 3 BROOKLYN, NY 11217

JOHN SIDNEY MCCAIN III 241 Russell Senate Office Building Washington, DC 20510 MCCAIN VICTORY 2008 228 S WASHINGTON ST STE 115 ALEXANDRIA, VA 22314 MCCAIN-PALIN VICTORY 2008 & The New York Finance Committee Road to Victory Tour 228 S WASHINGTON ST STE 115 ALEXANDRIA, VA 22314 JOHN A. BOEHNER, individually with place of business located at Washington, D.C. Office 1011 Longworth H.O.B. Washington, DC 20515 THE NEW YORK STATE REPUBLICAN STATE COMMITTEE 315 STATE ST, ALBANY, NY 12210-2001 THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY By Frank MacKay, Chairman PO BOX 871 Lindenhurst, NY 11757 STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE 486 78TH STREET BROOKLYN, NY 11209 RÓGER CALERO c/o THE SOCIALIST WORKERS PARTY 1000 Grand Concourse, #4A Bronx, NY 10451 NEW YORK STATE BOARD OF ELECTIONS, JAMES A. WALSH / Co-Chair, DOUGLAS A. KELLNER / Co-Chair, EVELYN J. AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner, Deputy Director TODD D. VALENTINE, Deputy Director STANLEY ZALEN, The New York State Board of Elections 40 Steuben Street Albany New York 12207

Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

First Amended Complaint Page 1 of 22

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 29642 / 08 -------------------------------------------------------------------------------x Christopher-Earl: Strunk, in esse Plaintiff, VERIFIED FIRST -against- AMENDED COMPLAINT DAVID A. PATERSON, ANDREW CUOMO, THOMAS P. DINAPOLI, in their official capacity and individually; (jury trial) THE DEMOCRAT CANDIDATE PRESIDENTIAL ELECTORS AS A CLASS, in their official capacity and individually; SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama) Individually; OBAMA FOR AMERICA; OBAMA VICTORY FUND; NANCY PELOSI individually; DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK; STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE; JOHN SIDNEY MCCAIN III, individually; MCCAIN VICTORY 2008; MCCAIN-PALIN VICTORY 2008; JOHN A. BOEHNER, individually; THE NEW YORK STATE REPUBLICAN STATE COMMITTEE; THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY; STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE; RÓGER CALERO, individually; THE SOCIALIST WORKERS PARTY; XYZ JOINT FUNDRAISING COMMITTEES; NEW YORK STATE BOARD OF ELECTIONS; NEW YORK STATE BOARD OF ELECTIONS, JAMES A. WALSH / Co-Chair, DOUGLAS A. KELLNER / Co-Chair, EVELYN J. AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner, Deputy Director TODD D. VALENTINE, Deputy Director STANLEY ZALEN, LORRAINE A. CORTEZ-VAZQUEZ, Secretary of the State of New York, individually; ZBIGNIEW KAIMIERZ BRZEZINSKI, John and Jane Does; and XYZ Entities. Defendants. ---------------------------------------------------------------------------------x Plaintiff, Christopher Earl Strunk in esse, as and for the First Amended Complaint to the

Complaint filed with the clerk on or about October 29, 2008 with jurisdiction of New York

State Election Law Article §16-100 over Article 12 for the November 4, 2008 General

Election inter alia equity relief and damages, that upon information and belief and at all

times hereinafter mentioned, respectfully allege of captioned Defendants as follows:



FIRST CAUSE OF ACTION

(Breach of State Constitutional bar for any Public Officer to hold more than one public office for compensation, as against all Public Officer Defendants)

1. Plaintiff Christopher Earl Strunk, in esse (“Plaintiff” or “voter”), is a natural born

Citizen resident in New York who was and is a qualified voter registered to vote in the 2008

election cycle and participate in the November 4, 2008 General Election in the State of New

York, and whose principal place for service is located at 593 Vanderbilt Avenue #281,

Brooklyn, New York 11238.

2. That on November 4, 2008, Plaintiff voted for the electors representing the Republican

Party Presidential Candidate John Sidney McCain III (McCain), and that based upon

information and belief that Defendant McCain was alleged to be a natural-born Citizen and

whom subsequently did not obtain sufficient votes to win the winner take all Electoral

College from New York; and thereafter was discovery not to be a natural-born U.S. Citizen.

3. There are 31 Candidates for the Democratic Party Committee Presidential Elector Slate

as a class on the General Election November 4, 2008 statewide ballot, winner-take-all.

4. That the Democratic Party Elector Candidates listed with domicile address / names

are: Velda Jeffrey, June F. O'Neill, Dennis Mehiel, David A. Paterson, Andrew Cuomo,

Thomas P. DiNapoli, Sheldon Silver, Malcom Smith, Maria Luna, Robert Master, Pamela

Green-Perkins, Helen D. Foster, Jon Cooper, Hakeem Jeffries, Richard Fife, Deborah A.

Slott, Terrence Yang, George Arthur, George Gresham, Alan Van Capelle, Inez Dickens,

Suzy Ballantyne, Alan Lubin, Bethaida Gonzalez, Christine Quinn, William Thompson,

Stuart Applebaum, Maritza Davila, Ivan Young, Barbara Fiala, Frank A. Bolz, III.

5. That in November 2008 the Court rendered an opinion in association with the Article 78

Petition 2008/29641 that in part applies to the First Cause of action herein, as to the

alleged Breach of State Constitutional bar for any Public Officer to hold more than one



public office for compensation as against all Public Officer Defendants, in favor of public

officer defendants only as to holding more than one public office; and that otherwise

Plaintiff is damaged and injured as a result of the Public Officers breach of duty as to

ballot access for Presidential Candidates Obama, McCain, and Calero.

SECOND CAUSE OF ACTION

(Breach of oath by Defendants and all those Defendants acting individually in a scheme to defraud under color of New York state election law)

6. Plaintiff repeats each and every allegation contained in the First Cause of Action with

the same force and effect as though herein set forth at length.

7. That Plaintiff with injury has standing with CPLR §1353 regarding a civil preceding

involving enterprise corruption by all Defendant individuals’ malicious promotion of a

scheme to defraud the people resident in New York state in promotion of ballot fraud with

the 2008 election cycle with three ineligible Presidential Candidates and committees intent

to launder campaign funds from both foreign and domestic sources to seize the Executive.

8. That necessary Parties as yet known are joined herein pursuant to CPLR §1354 as

persons and or enterprise not convicted of the crime of enterprise corruption that is a party

to a civil action under this Article 13, whenever joinder of such person or enterprise is

necessary with CPLR §1001; and according to Penal Law § 460.40 Enterprise Corruption

jurisdiction is afforded this Court as to participation by a person(s) therein; and however

involved, is herein separate from a State Finance Law Article 13 Section 190 application.

9. That Plaintiff alleges a suffrage and property taking injury effected by violation of

Penal Law § 105.35 by acts of all Defendants individually that are part of a conspiracy of

enterprise corruption against the fisc, individual liberty, and real property as a class

similarly situated with applicability for purposes of this article, as to conspiracy to

commit the crime of enterprise corruption in violation of section 460.20 of this chapter



shall not constitute an offense; however, Penal Law § 105.35 includes but is not limited to:

Penal Law : § 155.30 Grand Larceny in the fourth degree when The property,

regardless of its nature and value, is taken from the person of another; § 170.10 Forgery in

the second degree; § 175.25 Tampering with public records in the first degree; § 175.35

Offering a false instrument for filing in the first degree; § 175.40 Issuing a false certificate;

§ 210.40 Making an apparently sworn false statement in the first degree; § 200.04 Bribery

in the first degree; § 190.65 Scheme to defraud in the first degree; § 470.05 Money

laundering in the fourth degree; and further,

Election Law: § 17-102. Misdemeanors at, or in connection with, primary elections,

caucuses, enrollment in political parties, committees, and conventions; §17-106 Misconduct

of election officers; § 17-120. Misconduct in relation to certificate of nomination and official

ballot; § 17-128. Violations of election law by public officer or employee; § 17-152.

Conspiracy to promote or prevent election; and§ 17-168. Crimes against the elective

franchise not otherwise provided for. Any person who knowingly and willfully violates any

provision of this chapter, which violation is not specifically covered by any of the previous

sections of this article, is guilty of a misdemeanor; with related law in its entirety.

10. That Defendant NEW YORK STATE BOARD OF ELECTIONS, (Defendant NYS

BOE) with four commissioners two appointed from each major state party Defendant

JAMES A. WALSH / Co-Chair, Defendant DOUGLAS A. KELLNER / Co-Chair, Defendant

EVELYN J. AQUILA / Commissioner, Defendant GREGORY P. PETERSON /

Commissioner, and two deputy directors of elections Deputy Director Defendant TODD D.

VALENTINE, Deputy Director Defendant STANLEY ZALEN is located at the New York

State Board of Elections 40 Steuben Street Albany, NY 12207, and who have authority over

their agents and the local boards of election both for ballot access and the certification of



the Presidential Elector Candidates slates and committees for the names Barack Hussein

Obama (BHO, SOEBARKAH ), John M. McCain III (McCain) and Roger Calero (Calero)

hereinafter known as “Defendant Presidential Candidate(s)” with the November 4 2008

General Election results published thereafter accordingly (see Exhibit A).

11. That Defendant NYS BOE and its agents certified the Elector Defendants for each

Defendant Presidential Candidate to be on the ballot at the November 4, 2008 General

Election for the preference election of the New York Electoral College (see Exhibit B);

however, Defendant NYS BOE and its agents have not provided the certification requested

with Plaintiff’s FOIL for Roger Calero’s Committee with THE SOCIALIST WORKERS

PARTY, the DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK and

or THE NEW YORK STATE REPUBLICAN STATE COMMITTEE and others not shown.

12. That on August 28, 2008 Defendant NANCY PELOSI individually with her place of

business located at Washington, D.C. Address 235 Cannon House Office Building

Washington, DC 20515-0508, and as chair failed to affirm for the Democratic National

Committee and DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK

the eligibility of BHO for ballot access in the State of New York November 4, 2008 General

Election as shown on Exhibit B using the terms that “the following were duly nominated as

candidates of said Party for President and Vice President of the United States respectively:”

and nowhere affirms that the candidates are eligible as required by the NYS BOE as shown

at its website provisions citing Article II Section 1 Clause 5 in any of the several states and

or territories except for the State of Hawaii; however Defendant Pelosi as an admission

against interest also affirmed differently for Hawaii as follows:

13. That on August 28, 2008 Defendant Pelosi individually and as Chair affirmed the

alleged eligibility of BHO for ballot access in the State of Hawaii November 4, 2008 General



Election differently than done for any other state or territory including New York using the

terms that “the following candidates for President and Vice President of the United States

are legally qualified to serve under the provisions of the United States Constitution” as

certified for the Hawaii Secretary of State (see Exhibit C).

14. That on September 15, 2008, Defendant STATE COMMITTEE OF THE WORKING

FAMILIES PARTY OF NEW YORK STATE by Robert P. Master Presiding Officer affirmed

the alleged eligibility of BHO and the electors for ballot access in the State of New York

November 4, 2008 General Election as shown in Exhibit B using the terms that “by

majority vote of the members present, voting by weighted ballot, nominate the following

Working Families Party candidates for office at the General election to be held November 4,

2008:” nowhere affirms the Constitutional eligibility of BHO.

15. That on September 4, 2008, Defendant JOHN A. BOEHNER, individually with place

of business located at Washington, D.C. Office 1011 Longworth H.O.B. Washington, DC

20515, and as Chairman affirmed for the Republican National Committee and Defendant

THE NEW YORK STATE REPUBLICAN STATE COMMITTEE the alleged eligibility of

McCain for ballot access in the State of New York November 4, 2008 General Election as

shown in Exhibit B using the terms that “the following person, meeting the constitutional

requirements for the Office of President of the United States,”

16. That on September 21, 2008, Defendant THE NEW YORK STATE COMMITTEE

OF THE INDEPENDENCE PARTY by Frank McKay Chairman affirmed the alleged

eligibility of McCain and the electors for ballot access in the State of New York November 4,

2008 General Election as shown in Exhibit B using the terms that “do hereby certify that

the following persons were duly nominated by majority vote for the office of President and

Vice President of the United States”



17. That on September 22, 2008, Defendant STATE COMMITTEE OF THE

CONSERVATIVE PARTY OF NEW YORK STATE by Michael R. Long Chairman affirmed

the alleged eligibility of McCain and the electors for ballot access in the State of New York

November 4, 2008 General Election as shown in Exhibit B using the terms that “do hereby

certify that the following persons were duly nominated by majority vote for the office of

President and Vice President of the United States”

18. Public Officer Defendants by reason of their actions to seek election to the Electoral

College on November 4, 2008 with due notice otherwise before the General Election voted

without expressing intention to resign from the electoral college slate simultaneous with

the certification of the winning Electoral College slate under EL §12-102 by December 1,

2008, intentionally are in breach of their oath of office and subject to impeachment.

19. That public officers of the NYS BOE Defendant and the Public Officer Defendants

intentionally Breach their oath of Office to be placed on the November 4, 2008 ballot as

candidates for electors of the Electoral College and fiduciary duty to the voter(s).

20. Plaintiff, along with those similarly situated, suffers injury to his sovereignty as

guaranteed under New York State Civil Rights Law Chapter 6 Section 2 as a sovereign

citizen of the State of New York that here guarantees the Supreme sovereignty in the

people; and whereas, no authority can, on any pretence whatsoever, be exercised over the

citizens of this state, but such as is or shall be derived from and granted by the people of

this state.

21. That Plaintiff individually as a natural person as with those similarly situated as

We The People as natural persons of the State of New York (a corporate entity) resident in

New York state are grateful to Almighty God for our Freedom, in order to secure its

blessings apart from any such corporate fiction or pretender monarch, and or as further



guaranteed by the 9th and 10th Amendments to the Federal Constitution, and Magna Carta.

22. That nunc pro tunc Plaintiff inherits all the sovereign rights, privileges and property

that a living natural human inures from the creator Yahweh whose son Jesus Christ

guarantees the sovereign Freedom from Almighty God against corporate fiction and Public

Officer Defendants and their agents who are ultra vires and bent on enslaving plaintiff and

those similarly situated.

THIRD CAUSE OF ACTION (Sedition, as against all Defendants)

23. Plaintiff repeats each and every allegation contained in the First through Second

Cause of Action with the same force and effect as though herein set forth at length.

24. That Democrat Party Elector Candidate Class of Defendants, Public Officer

Defendants, the Defendants of NYS BOE, Defendant Presidential Candidates and

committees and their agents John and Jane Does act as an enterprise to commit acts of

sedition in an agreement, communication or other preliminary activity aimed at inciting

treason or some lesser commotion against public authority and policy, as have with state

action under color of law undermined the State and Federal election as under 42 USC

§1983, §1985(3) and 1986 along with related law in its entirety.

25. That Defendant ZBIGNIEW KAIMIERZ BRZEZINSKI, (Defendant Brzezinski)

individually with his place of business at Columbia University in the City of New York

School of Foreign Affairs 2960 Broadway New York, NY 10027-6902, is both a blood

member of the Sovereign Military Order of Malta (SMOM) on "the right" and of the Scottish

Rite Freemason Grand Lodge of Philadelphia on "the left" working for the Jesuits against

the sovereign interest of the USA;

26. Defendant Brzezinski‘s world outlook and agenda by evidence of writings acts for the

Society of Jesus that eclipses all other influences on SOEBARKAH, McCain and Calero.



27. That Defendant Brzezinski has managed a crucial role for the Vatican State as a

member of the SMOM and as a Freemason of the Philadelphia Grand Lodge to create global

regionalism that subsumes national sovereignty and as Former National Security Adviser

to President Carter expressed his view of regionalism at Mikhail Gorbachev’s October 1995

State of the World Forum, that quote:

“We cannot leap into world government in one quick step...The precondition for eventual globalization — genuine globalization — is progressive regionalization.”

28. That Defendant Brzezinski advised the SOEBARKAH and McCain campaigns, and

used his sons, Mark who was a member of the advisors in the SOEBARKAH Campaign and

Ian who was an advisor on the McCain Campaign, all done in exchange for his sons’

government employment and furtherance of the enterprise corruption.

29. That Defendant JOHN SIDNEY MCCAIN III individually with place of business

located at Washington Office: 241 Russell Senate Office Building Washington, DC 20510,

was born on August 29, 1936 in Colon Hospital, Colon Panama according to the Panama

Canal Health Department not in the Panama Canal Zone (see Exhibit D); and according to

the Hay-Banau-Varilla Treaty of November 18, 1903 that has 26 articles (see Exhibit E) in

which the two pertinent to the status of the city of Colon under that Treaty refer to the

Convention for the Construction of a Ship Canal says that the Colon Panama, the birth city

cited on McCain’s 1936 long form birth certificate where he was witnessed being born, and

where his parents resided, Colon, Republic de Panama, is not part of the Canal Zone, quote:

ARTICLE I The United States guarantees and will maintain the independence of the Republic of Panama. ARTICLE II The Republic of Panama grants to the United States in perpetuity the use, occupation and control of a zone of land and land under water for the construction maintenance, operation, sanitation and protection of said Canal of the width of ten miles extending to the distance of five miles on each side of the center line of the route of the Canal to be constructed; the said zone beginning in the Caribbean Sea three marine miles from mean low water mark and extending to and



across the Isthmus of Panama into the Pacific ocean to a distance of three marine miles from mean low water mark WITH THE PROVISO THAT THE CITIES OF PANAMA AND COLON and the harbors adjacent to said cities, WHICH ARE INCLUDED WITHIN THE BOUNDARIES OF THE ZONE ABOVE DESCRIBED, SHALL NOT BE INCLUDED WITHIN THIS GRANT…” (Emphasis by Plaintiff)

and therefore, Defendant McCain is not a natural-born Citizen was not born on U.S.

Territory or the USA and is not eligible for the Presidency with the U.S. Constitution

Article II Section One Clause 5 as mandated by the Defendant NYS BOE.

30. That Defendant SOEBARKAH is a Madrasah trained radical Sunni Muslim by birth

right according to the Koran through his father Barack Hussein Obama Sr. (a Sunni

Muslim), and that by training and practice admitted during the speech to the Muslim

Brotherhood in Cairo in 2009 – SOEBARKAH practices Shariah law and is devoted to King

Saud of Saudi Arabia who based upon information paid for the Columbia and Harvard

university expenses with the full knowledge and blessing of Defendant Brzezinski.

31. Defendant SOEBARKAH admits his natural father at the time of his birth is a

citizen of the United Kingdom and the British Nationality Act of 1948 governs dual

citizenship at birth.

32. That Rep. John Bingham, author of the 14th Amendment, Congressional Globe,

39th, 1st Sess., pg 1291 (March 9, 1866) stated:

“… every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural-born citizen.”

33. That Defendant SOEBARKAH and or his agent(s) as part of the scheme to defraud

placed an image of a Hawaiian Certification of Live Birth (COLB) on the Internet, which in

Hawaii per se is issued for all birth's registered by the State of Hawaii whether the human

being is born there or not, and as a prima facia fact means the Hawaii issued COLB does

not prove "natural born" citizenship or birth in Hawaii, only a long form document would.



34. A COLB per se is sufficient proof of citizenship if not part of a scheme to defraud;

however, a COLB issued to those who are "naturalized" in Hawaii is of questionable legal

issue contrary to U.S. Constitution Article 1 §8 Clause 4, Article I §9 Clause 1, Article 1 §10

Clause 1, and as a matter of first impression conflicts with the full faith and credit clause.

35. That Defendant SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama)

at six years of age used the name given upon his adoption by Lolo S. Soetoro Mangunharjo,

an Indonesian colonel in General Suharto's Armed Forces who had married Stanley Ann

Obama, and as an Indonesian Citizen from six years of age SOEBARKAH is presumed to

have an Indonesian passport after removal from the U.S. Passport of Stanley Ann Soetoro

as released to Plaintiff on July 29, 2010 by the U.S. Department of State, see Exhibit F.

36. That Defendant SOEBARKAH is not eligible for the Office of the President because

with the McCarran-Walter Act of 1952 as the controlling legal authority for the birth of

BHO, and especially when the transmission of British citizenship to BHO at birth no

matter where the location is proves a dual citizen at birth, as a treaty matter between

Britain and the USA, and that with the admission against interest of both Stanley Ann

Dunham Obama and Barack Hussein Obama Sr. in a marriage in Hawaii entered after

conception, in which both parents attribute Paternity to BHO Sr. without challenge at the

time of the March 20, 1964 divorce decree makes BHO Jr. a British subject with dual

citizenship and multi-allegiances at best that by the 1952 McCarran-Walter Act, therefore

BHO Jr. is not a Natural Born Citizen; and

37. Further, Defendant SOEBARKAH lost his U.S. citizenship when his mother married

an Indonesian citizen and became a naturalized citizen of Indonesia and in that Indonesia

does not recognize dual citizenship, and because Defendant SOEBARKAH did not take an

oath of allegiance to the USA when reaching the proper age while resident in the USA



retains Indonesian Citizenship having renounced his previous U.S. Naturalized citizenship

/ British Citizen status; and

38. Plaintiff further alleges, that had SOEBARKAH followed up with his resident status

after 1971 while living with his Grandmother in Hawaii to become naturalized, he failed to

take an oath of allegiance when SOEBARKAH turned 18 years old to regain his U.S.

citizenship status, and then obtained school financing as a foreign exchange student in

Hawaii and again at Occidental College in Los Angeles as done at Columbia and Harvard,

at best has multiple citizenship status with allegiances to Indonesia, Great Britain, Kenya

perhaps; however is not a natural-born citizen of the United States and according to the

public record is not even a citizen of the United States, and therefore, ineligible for the

presidency with the U.S. Constitution Article II Section 1 Clause 5 as mandated by the

Defendant NYS BOE; and

39. Further by U.S. Senate resolution is underscored and confirmed by the Honorable

United States District Judge Michael Chertoff then serving as the Secretary of Homeland

Security in testimony under oath before the U.S. Senate Committee and as reprinted in the

Congressional Record pages S2950 and S2951 (see Exhibit G) stated:

CHERTOFF. “My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen.”

40. In that on April 10, 2008, Defendant SOEBARKAH, as a U.S. Senator was the

Sponsor of the sense resolution S 511 (see Exhibit H) along with other U.S. Senators Mrs.

MCCASKILL, Mr. LEAHY, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB who

maliciously submitted the S 511 resolution knowing it was false as to the natural-born

Citizen status of Senator John Sidney McCain III, in violation of 18 USC §1001; and in

which S 511 was referred to the Committee on the Judiciary then to the U.S. Senate as a

fraud upon Congress and the People of the several states and territories contrary to the



facts shown in Exhibit D and above stated:

“Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936:”

41. That SOEBARKAH acknowledges endorsing Senate Resolution 511 that one needs

two (2) U.S.A. Citizen parents at birth to be qualified to be a natural born citizen.

42. That Defendant ROGER CALERO was born in Nicaragua in 1969. He and his family

fled via Los Angeles, California in 1985. Calero is now a permanent resident alien (holding

a green card) since 1990. While in Los Angeles, Calero joined a socialist movement and

helped mobilize support against Proposition 187 in the early 90s, and is presumed to have

filed a certification for ballot access through the respective Defendant Socialist Worker’s

Party Committee as shown on Exhibit A, but is not a natural-born U.S. Citizen with the

U.S. Constitution Article II Section 1 Clause 5 as mandated by the Defendant NYS BOE.

43. That on November 30, 2007, Defendant SOEBARKAH affirmed an affidavit for the

Arizona Secretary of State to gain ballot access in the Arizona 2008 Presidential Preference

Election Ballot, and likewise on October 9th 2007, Defendant McCain affirmed an affidavit

for the Arizona Secretary of State to gain ballot access in the Arizona 2008 Presidential

Preference Election Ballot and that both affirmations were duly filed with the AZ Secretary

of State who provided a certified copy of each respective filed affidavit (see Exhibit I); with

each individually affirming that

““I do solemnly swear (or affirm) that all the information in this Nomination Paper is true, that as to these and all other qualifications, I am qualified to hold the office that I seek, having fulfilled the United States constitutional requirements for holding said office. I further swear (or affirm) that I have fulfilled Arizona's statutory requirement for placing my name on the Presidential Preference Election ballot.”

44. That according to the Help America to Vote Act of 2002 (HAVA) section 213 (a) (1)

(A) the Arizona Secretary of State (located at the Office of the Secretary of State of Arizona



1700 West Washington Street, 7th Floor Phoenix, AZ 85007-2888), and the New York

Secretary of State Defendant LORRAINE A. CORTEZ-VAZQUEZ (located at the

Department of State One Commerce Plaza 99 Washington Ave, Albany, NY 12231-0001)

are both Federal officers who each serve as an unpaid employee of the United States

Election Assistance Commission (EAC), a Federal employee and respective state employee.

45. Wherefore, Defendant SOEBARKAH and Defendant McCain each individually and

in conspiracy committed perjury before a Federal Officer in violation of 18 USC §1001 as

part of the racketeering enterprise corruption.

46. That Plaintiff with those similarly situated are denied individual 1st, 5th , 9th and

10th amendment rights to sovereignty and a republican form of government as well as

financial injury for the cost of the 2008 election cycle in New York..

FOURTH CAUSE OF ACTION (Conspiracy to commit Treason, as against all Defendants, and their agent John / Jane

Does XYZ Entities as an enterprise)

47. Plaintiff repeats each and every allegation contained in the First through Third


48. That Democrat Party Elector Candidate Defendants, their agents John and Jane

Does are part of an enterprise who have overthrown the government of the United States in

conjunction with SOEBARKAH, Joseph Biden, McCain, Calero and their agents at the

state and national level with those other candidate elector slates of other states of the

several states (“Racketeering Enterprise”).

49. Based upon information and belief the Democrat Party Elector Candidate

Defendants, their agents John and Jane Does using the Defendants NYS BOE and their

agents as an enterprise have misapplied and mis-administered their public duties under

NYS BOE regulation by failure to obtain and ascertain proof that each Defendant



Presidential Candidate is a natural-born Citizen, that otherwise is contrary to State Law,

regulations and the United States Constitution Article 2 Section 1 Clause 5:

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

50. Based upon information and belief the State Defendants, Defendant Presidential

Candidates, various Defendant Committees and their agents have not presented a certified

copy of the “long-form” birth certificate of the Defendant Presidential Candidates for ballot

access to the New York November 4, 2008 General Election / 2008 election cycle.

51. There has never been an Article II executive who has ever been a naturalized citizen

or a non-citizen as it is against the mandate of the U.S. Constitution Article II Section 1

Clause 5 that a candidate be a natural-born U.S. Citizen to be eligible.

52. There has never been an Article II executive who is a citizen of a foreign nation and

or has dual allegiance with a foreign nation.

53. That were the executive to be occupied by a foreign citizen would constitute an

invasion, coup-d-tat and trespass upon the sovereign citizen of New York a taking as of

right under the 10th Amendment must secede New York from the Union until such time the

Union were made whole and laws enforced again.

54. Those Defendants know they have a duty to prevent any person who is not a natural

born citizen from ballot access in the state of New York when running for President and or

Vice President and have maliciously failed miserably in an act of treason.

55. Those Officer Defendants and the NYS BOE have not fulfilled the due diligence

necessary to protect the voter(s), are ultra vires and individually liable.


Does as an enterprise are attempting to overthrow the government of the State of New



York in conjunction with Barack Hussein Obama, Joseph Biden racketeering Enterprise at

the November 4, 2008 for foreign agents who are enemies of Plaintiff and those New York

State Citizens guaranteed sovereignty exclusively under the New York State Constitution

separate and apart from the other states of the several states.

57. That the Racketeering Enterprise corruption has overthrown the government of the

state of New York to which the Democrat Party Elector Candidate Defendants owe

allegiance, and who join the Racketeering Enterprise to wage war against the State and or

materially promote the foreign illegal alien SOEBARKAH , foreign born Roger Calero with

only a green card and foreign born U.S. Citizen John Sidney McCain III to the Executive

branch and the Presidency of the United States against the law of both the State and

Federal Constitutions, as has with state action undermined the State and Federal election

with 42 USC 1983, 1985(3) and 1986 related Federal and State law in its entirety.

58. That Defendants infringe Strunk’s individual liberty, expectation of a republican

form of government, and burden his expectation of effective participation in the general

election were the laws not enforced in good faith with the duties of their office.

59. Plaintiff is the only person in the USA to have duly fired fired fired BHO on

January 23, 2009 by registered mail (rendering BHO the USURPER as Plaintiff is entitled

to characterize BHO as) on the grounds that he had not proven himself eligible to be the

administrator / trustee of Plaintiff’s private account at the U.S. Treasury as required by

U.S. Constitution Article 2 Section 1 clause 5 with a pending Replevin matter in the

District of Columbia;

60. Further, that the Honorable Justice David I. Schmidt in the NYS Supreme Court

Case Strunk v. Paterson et al. in the County of Kings with index 08-29642 declined to sign

a subpoena order to obtain document records of Stanley Ann Dunham (SAD) from US DOS,



and that thereby forced Plaintiff as the only alternative to obtain the passport records of

SAD in FOIA case DCD 08-cv-2234;

61. Further, that document records are germane to determine where Stanley Ann

Dunham was at the time of the Usurper’s birth as requested in the FOIA;

62. Further, that Plaintiff FOIA case in Washington D.C. 08-cv-2234 presently has a

decision pending on a Summary Judgment that Plaintiff opposes, as there has been a

preponderance of evidence showing that federal parties and those yet named have

committed a fraud upon that court and have violated 18 USC §1001.

63. Further, that not all the requested documents are now essential for the continuation

of Plaintiff’s action before Justice Schmidt as here demonstrated.

64. Further New York State Board of Elections individuals; the New York State

Secretary of State individually, the New York State Attorney General Andrew Cuomo

individually as an elector along with John and Jane Does have conspired inter alia for a

breach of fiduciary duties under color of state law enacted by the State Legislature to

protect Plaintiff’s right to a reasonable expectation of participation and success with a

proper ballot for the New York electoral college election of the 2008 president and vice

president of the United States of America in accordance with United States Constitution

Article 2 Section 1 Clause 5; and

65. Furthermore, that as a matter of State Court standing Plaintiff’s suffrage privilege

goes to his specific circumstances and depends upon Plaintiff's substantive due process

right to publicly available document records questionably withheld since 2008 as a 5th

amendment issue, and which goes well beyond simple procedural due process as a

minimum requirement as U.S. DOS’s Counsel suggests in the use of the term reasonable, to

injure Plaintiff along with those similarly situated.



FIFTH CAUSE OF ACTION (Enterprise Unjust Enrichment, against All Defendants)

66. Plaintiff repeats each and every allegation contained in the First through Fourth


67. That based upon information and belief Russia, Iran , Syria, Saudi Arabia,

Indonesia, Lebanon, Nigeria, Libya, Egypt, Dubai among other sovereign foreign entities

and persons have illegally contributed to the campaign of Defendant SOEBARKAH who

spent $738,812,857 to seize control of the White House and is 46% of the total money raised

for all candidates in the 2008 Presidential Election that compares to three hundred and ten

million spent by Defendant McCain; and as part of the scheme to defraud the Vatican Bank

was used as an intermediary for transfer of funds into its USA landing Banks in New York

that with the release of the banking records of the SOEBARKAH campaign committee will

show substantial illegal foreign involvement to launder funds to buy the presidency as

previously done in the instance of James Riady of the Indonesian Lippo Group for Bill

Clinton in 1992 was not convicted by the DOJ until January 11, 2001.

68. Each of the Defendants and their agents have been unjustly enriched by the

referenced activities to disrupt the election without assuring a duly eligible Presidential

Candidates for the Republican Democrat and Socialist Workers party under color of state

law, that violates Plaintiff’s and those similarly situated Federal / State voter right and

imposing expense as a taking; as with 42 USC §1983 and related law applies in its entirety

with election costs levied upon real property.

69. That Defendant SOEBARKAH (a.k.a. Barry Soetoro, a.k.a Barack Hussein Obama)

individually under the name Barack Hussein Obama is located in care of c/o The White

House 1600 Pennsylvania Avenue, N.W. Washington, District of Columbia 20500 used

campaign finance committees nationally and in New York State according to records



maintained by the Defendant NYS BOE include but are not limited to: OBAMA FOR

AMERICA by Martin H. Nesbitt, Treas. PO Box 8102 Chicago, IL 60680 ; OBAMA

VICTORY FUND by Andrew Tobias, Treas. 430 South Capitol Street SE Washington DC

20003; among others used exclusively in New York state; and that Defendant Soebarkah

conspired with Defendant Nancy Pelosi individually with place of business located at

Washington, D.C. Address 235 Cannon House Office Building Washington, DC 20515-0508,

along with the DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK

located at 461 Park Avenue South New York, NY 10016 , STATE COMMITTEE OF THE

WORKING FAMILIES PARTY OF NEW YORK STATE located at 2-4 Nevins Street Floor

3 BROOKLYN, NY 11217 and XYZ JOINT FUNDRAISING COMMITTEES to use the

funds associated with the campaign.

70. That Defendant John Sidney McCain III, individually then located at 3501 North

24th Street Phoenix, AZ 85016 used campaign finance committees nationally and in New

York state according to records maintained by the Defendant NYS BOE, and that include

but are not limited to the MCCAIN VICTORY 2008 located at 228 S WASHINGTON ST

STE 115 ALEXANDRIA, VA 22314; MCCAIN-PALIN VICTORY 2008 & The New York

Finance Committee Road to Victory Tour located at 228 S WASHINGTON ST STE 115

ALEXANDRIA, VA 22314, and that Defendant John Sidney McCain located at Campaign

Address 2211 East Camelback Road Phoenix, AZ 85016 and place of business at

Washington, D.C. Address 241 Russell Senate Office Building Washington, DC 20510,

conspired with Defendant John A. Boehner, individually along with THE NEW YORK

STATE REPUBLICAN STATE COMMITTEE located at 315 STATE ST, ALBANY, NY

12210-2001 , THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY

located at Frank MacKay, Chairman Independence Party of New York State PO BOX 871



Lindenhurst, NY 11757, STATE COMMITTEE OF THE CONSERVATIVE PARTY OF

NEW YORK STATE located at 486 78TH STREET BROOKLYN, NY 11209, and XYZ

JOINT FUNDRAISING COMMITTEES to use the funds associated with the campaign.

71. That Defendant Róger Calero, individually used campaign finance committees

nationally and in New York state according to records maintained by the Defendant NYS

BOE, and that include but are not limited to persons associated with THE SOCIALIST

WORKERS PARTY located at Committee Address: 1000 Grand Concourse, #4A Bronx, NY

10451, read more: http://www.city-data.com/elec08/CALERO.html#ixzz14RIyR4iu , and

XYZ JOINT FUNDRAISING COMMITTEES to use the funds associated with the

campaign.

72. That the campaign finance associated with the Defendant Soebarkah and Biden

Candidacy activities is aided and abetted by Democrat Party Electoral College slate malice

seated after the November 4, 2008 General Election that further damaged Plaintiff at both

the national and state level beyond what has occurred, and will occur, by reason of all

Defendants’ activities of unjustly enriching themselves at expense of Plaintiff and others

similarly situated.

73. That all the Defendants having been culpable to jointly and severally aid and abet

the false billing of Defendant Presidential Candidate campaigns with associated funds from

the New York state taxpayers in the excess of say $10,000,000.00 or more, are liable for the

cost of elections, with interest, and cost of suit caused by the scheme to defraud.

WHEREFORE, Plaintiff wishes a preliminary injunction hearing and

summary judgment under CPLR §3001 and permanent injunction against the

Defendants and such other relief as the Court deems just including:


a. That the Court order expedited discovery to determine the m p e of the

alleged $10,000,000.00 or more actual damages plus after conducting

hearings and jury trial to determine the scope of punitive treble damages;

b. That the court order a report to be presented to the full legislature and

Chief judge of the Court of Appeals in the matter of public officer

impeachment, sedition, treason and referral for prosecution.

c.. And for further and different relief as the Court may deem necessary

herein.

Dated: Brooklyn, New York ~ovember 2010

Christopher-Earl: Strunk, in esse, Plaintiff self-represent without being an attorney 593 Vanderbilt Avenue #281, Brooklyn, New York 11238. (845) 901-6767 E-mail: chris@strunk,ws



VERIFICATION AFFIDAVIT

STATE OF NEW YORK ) ) ss.

COUNTY OF KINGS 1

Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under

penalty of perjury:

I have read the foregoing First Amended Complaint with five Causes of

Action with Exhibit A through I against Defendants in their official capacity and

individually, in which I request a Preliminary Injunction and Declaratory

Judgment for equity relief as well as for say $10,000,000.00 in damages plus treble

damages; and know the contents thereof apply to me by misapplication and

administration of laws and that has a question of first impression as a State

question involving the sedition and treason in enterprise corruption in creation of

the New York Electoral College going into the General Election of November 4,

2008; the same is true to my own knowledge, except as to the matters therein stated

to be alleged on information and belief, and as to those matters I believe it to be

true. The grounds of my beliefs as to all matters not stated upon information and

belief are as follows: 316 parties, books and records, and personal knowledge. /1

Sworn to before me This //- day of November 2010

/ N b t a b Pu

MATTHEWS HUGGINS Notary Public, State of New York

No. 01HU6103403 Qualified in Kings County

Commission Expires Dec.


SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------x Christopher-Earl: Strunk v. PATERSON et al. Index No.: 29642 / 08

VERIFIED FIRST AMENDED COMPLAINT

Exhibit A

NYS Board of Elections President and Vice-President Election Returns Nov. 4, 2008

County

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DEM REP IND CON WOR GRE LBT PLT PSL SWP

Albany 90,099 43,498 3,645 3,443 3,838 372 521 1,555 40 99

Allegany 6,792 9,914 556 543 224 39 84 195 5 16

Broome 45,279 36,227 2,010 1,840 1,925 215 361 783 17 50

Cattaraugus 13,789 15,730 1,037 1,003 518 71 118 285 5 32

Cayuga 17,432 13,089 968 1,186 696 56 164 352 26 23

Chautauqua 27,958 24,778 2,128 1,673 1,171 104 238 650 23 39

Chemung 18,417 17,655 1,062 647 471 55 127 231 8 20

Chenango 9,710 9,259 655 423 390 62 90 235 6 17

Clinton 19,389 11,039 933 607 827 67 109 288 17 36

Columbia 16,574 11,023 1,241 1,073 982 88 124 258 11 29

Cortland 11,375 8,530 624 524 486 47 68 226 9 8

Delaware 9,036 9,406 641 477 426 56 93 204 9 36

Dutchess 68,614 51,453 3,883 4,292 2,446 269 427 780 19 63

Erie 245,214 153,944 12,353 12,518 11,085 770 1,393 4,216 117 316

Essex 9,943 7,112 512 289 447 35 66 148 9 29

Franklin 10,220 5,994 432 250 351 33 56 141 6 12

Fulton 9,389 10,497 577 635 306 32 79 263 4 18

Genesee 10,320 13,657 854 1,194 442 43 84 250 7 15

Greene 9,333 10,307 794 958 517 67 87 200 10 14

Hamilton 1,184 1,941 99 101 41 1 11 28 0 2

Herkimer 11,698 13,121 859 639 396 49 93 294 9 18

Jefferson 17,547 18,046 1,315 859 619 49 121 257 9 26

Lewis 4,786 5,345 338 286 200 21 52 88 1 12

Livingston 13,162 13,945 951 1,134 493 77 118 200 8 24

Madison 14,144 12,536 947 951 548 66 204 331 12 35

Monroe 201,184 122,834 8,142 13,286 6,187 577 1,428 2,059 60 107

Montgomery 8,764 9,412 665 634 316 29 71 248 7 22

Nassau 334,442 261,589 12,061 15,126 7,743 808 1,254 2,288 64 166

Niagara 45,193 40,592 2,768 2,988 2,110 134 317 1,025 22 49

Oneida 41,707 42,979 3,725 2,552 1,799 148 405 889 37 65

Onondaga 124,576 73,616 4,963 6,393 4,741 399 1,328 1,969 74 135

Ontario 24,277 21,961 1,382 1,828 826 85 238 358 11 36

Orange 75,977 61,903 5,680 4,459 2,349 259 399 780 35 68Page 1 of 4

County

Obam

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McC

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Palin

McC

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McC

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Palin

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DEM REP IND CON WOR GRE LBT PLT PSL SWP

Orleans 6,359 8,642 465 601 255 38 64 140 4 6

Oswego 23,718 20,713 1,323 1,535 1,059 108 287 441 23 42

Otsego 13,015 10,706 757 563 555 72 113 297 9 7

Putnam 20,706 21,396 1,802 1,947 907 50 148 235 4 11

Rensselaer 37,829 27,519 2,741 2,580 1,924 187 283 844 19 50

Rockland 67,165 52,866 4,400 4,486 2,378 152 222 414 17 36

Saratoga 54,790 46,554 3,031 3,270 1,855 175 446 1,020 21 63

Schenectady 37,113 25,400 1,869 2,489 1,498 151 274 900 23 48

Schoharie 5,746 7,034 497 540 263 28 58 196 2 17

Schuyler 3,737 3,984 322 236 196 25 21 72 3 4

Seneca 7,148 6,253 405 380 274 32 80 127 9 17

St. Lawrence 22,884 15,226 1,010 720 822 80 139 305 10 27

Steuben 16,551 21,587 1,491 1,125 597 93 141 270 9 24

Suffolk 334,154 262,408 20,816 23,797 12,395 876 1,443 3,067 96 297

Sullivan 16,281 11,838 1,006 1,056 569 60 79 231 11 22

Tioga 9,822 11,463 646 427 350 39 107 213 5 13

Tompkins 27,677 10,740 731 456 2,149 186 188 319 9 17

Ulster 51,164 27,922 2,598 2,780 3,156 294 319 761 30 47

Warren 15,671 13,649 955 825 610 56 93 312 7 28

Washington 12,171 11,007 763 763 570 47 106 252 13 22

Wayne 17,555 19,176 1,204 1,859 629 64 174 275 19 24

Westchester 254,583 128,737 10,327 8,760 7,227 534 943 1,352 65 295

Wyoming 6,110 9,693 613 692 269 27 60 167 12 12

Yates 4,709 4,689 287 293 181 10 32 52 4 7

Total Outside NYC 2,634,182 1,942,134 138,859 146,991 96,604 8,567 16,148 34,336 1,121 2,773

Bronx 330,875 37,199 2,158 2,326 7,386 425 209 475 103 124

Kings 581,159 138,930 6,187 6,755 22,366 1,292 876 1,720 153 207

New York 555,214 82,707 5,171 2,071 17,156 1,288 1,378 2,187 110 252

Queens 467,344 139,376 7,975 7,870 13,348 1,019 768 1,933 128 210

Richmond 76,558 77,977 3,623 4,462 2,753 210 217 598 24 49

Total NYC 2,011,150 476,189 25,114 23,484 63,009 4,234 3,448 6,913 518 842

Statewide Total 4,645,332 2,418,323 163,973 170,475 159,613 12,801 19,596 41,249 1,639 3,615

RECAP 4,804,945 2,752,771 12,801 19,596 41,249 1,639 3,615

Page 2 of 4

NYS Board of Elections President and Vice-President Election Returns Nov. 4, 2008

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County

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Chuck

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Brian

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Frank

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Total

Official Presidential Write-In Candidates

Albany 0 22 3 0 1 0 0 0 0 1,516 51 130 1,697 148,833

Allegany 0 0 0 0 0 0 0 0 0 170 56 38 264 18,632

Broome 0 10 1 0 0 0 0 0 0 849 71 119 1,039 89,757

Cattaraugus 0 0 0 0 0 0 0 0 0 376 0 29 405 32,993

Cayuga 0 0 0 0 0 0 0 0 0 1,250 0 30 1,280 35,272

Chautauqua 0 8 0 0 2 0 0 0 0 1,285 0 30 1,315 60,087

Chemung 0 2 0 0 0 0 0 0 0 343 0 0 343 39,038

Chenango 0 0 0 0 0 0 0 0 0 225 23 0 248 21,095

Clinton 0 1 1 0 0 0 0 0 0 399 16 23 438 33,752

Columbia 0 4 1 0 0 0 0 0 0 418 6 25 449 31,857

Cortland 0 3 0 0 0 0 0 0 0 192 7 20 219 22,119

Delaware 0 5 0 0 0 0 0 0 0 227 0 0 227 20,616

Dutchess 0 8 0 0 0 0 0 0 0 1,307 10 48 1,365 133,619

Erie 0 53 5 0 0 0 1 0 0 5,399 0 0 5,399 447,384

Essex 0 1 0 0 0 0 0 0 0 247 0 4 251 18,842

Franklin 0 1 0 0 0 0 0 0 0 332 28 24 384 17,880

Fulton 0 5 0 0 0 0 0 0 0 130 12 19 161 21,966

Genesee 0 0 0 0 0 0 0 0 0 307 22 7 336 27,202

Greene 0 27 1 0 0 0 0 0 0 525 10 20 555 22,870

Hamilton 0 3 0 0 0 0 0 0 0 0 26 0 26 3,437

Herkimer 0 8 0 0 0 0 0 0 0 345 71 0 416 27,600

Jefferson 0 0 0 0 0 0 0 0 0 740 0 38 778 39,626

Lewis 0 0 0 0 0 0 0 0 0 201 0 9 210 11,339

Livingston 0 15 0 0 0 0 0 0 0 234 1 22 257 30,384

Madison 0 4 0 0 0 0 0 0 0 232 36 24 292 30,070

Monroe 0 119 4 0 0 0 0 1 0 2,605 54 436 3,095 359,083

Montgomery 0 6 1 0 0 0 0 0 0 259 0 0 259 20,434

Nassau 0 8 0 0 0 0 0 0 1 7,094 0 68 7,026 642,576

Niagara 0 8 1 0 0 0 0 0 0 1,010 0 65 1,075 96,282

Oneida 0 6 1 0 0 0 0 0 0 1,116 0 52 1,168 95,481

Onondaga 0 0 0 0 0 0 0 0 0 2,265 0 45 2,310 220,504

Ontario 0 18 0 0 0 0 0 0 0 388 76 0 464 51,484

Orange 0 9 0 0 0 0 0 0 0 1,667 0 64 1,731 153,649


Page 3 of 4

Cal

ero

Ken

nedy

County

Jonat

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Alle

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Chuck

Bal

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Ala

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Key

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Char

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Will

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Ken

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Brian

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Frank

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Was

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Void

Sca

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Total


Orleans 0 0 0 0 0 0 0 0 0 128 15 10 153 16,727

Oswego 0 5 1 0 0 0 0 0 0 680 38 94 812 50,067

Otsego 0 7 0 0 0 0 0 0 0 323 1 20 344 26,445

Putnam 0 6 1 0 0 0 0 0 0 221 0 31 252 47,465

Rensselaer 0 7 3 0 0 0 0 0 0 964 26 0 990 74,976

Rockland 0 0 0 0 0 0 0 0 0 2,443 1 57 2,501 134,637

Saratoga 1 29 0 0 0 0 0 0 0 769 0 132 901 112,156

Schenectady 0 12 1 0 0 0 0 0 0 561 0 64 625 70,403

Schoharie 0 0 0 0 0 0 0 0 0 131 25 21 177 14,558

Schuyler 0 0 0 0 0 0 0 0 0 84 12 0 96 8,696

Seneca 0 0 0 0 0 0 0 0 0 159 20 16 195 14,920

St. Lawrence 0 19 0 0 0 0 0 0 0 452 9 84 545 41,787

Steuben 0 3 0 0 0 0 0 0 0 503 39 20 562 42,453

Suffolk 0 52 2 0 0 0 0 0 0 5,801 99 376 6,276 665,679

Sullivan 0 0 0 0 0 0 0 0 0 294 32 30 356 31,509

Tioga 0 5 0 0 0 0 0 0 0 184 27 41 252 23,342

Tompkins 0 12 0 0 0 0 0 1 0 219 40 67 326 42,811

Ulster 0 19 0 0 0 0 0 0 0 850 18 59 927 90,017

Warren 0 0 0 0 0 0 0 0 0 239 10 39 288 32,494

Washington 0 2 0 0 0 0 0 0 0 219 0 14 233 25,949

Wayne 0 20 3 0 0 0 0 0 0 375 0 43 418 41,420

Westchester 0 10 0 0 2 0 0 0 12 4,452 0 197 4,649 417,496

Wyoming 0 3 0 0 0 0 0 0 0 171 0 9 180 17,838

Yates 0 0 0 0 0 0 0 0 0 161 0 16 177 10,441

Total Outside NYC 1 565 30 0 5 0 1 2 13 54,036 988 2,829 57,717 5,080,049

Bronx 0 3 1 0 1 0 0 1 0 4,075 0 36 4,111 385,397

Kings 0 23 0 0 3 0 0 0 0 8,855 0 177 9,032 768,703

New York 0 20 2 0 0 0 0 0 4 5,982 0 325 6,307 673,867

Queens 0 16 1 0 0 0 0 0 1 5,809 0 148 5,957 645,946

Richmond 0 7 1 0 1 0 0 0 0 1,479 0 98 1,577 168,057

Total NYC 0 69 5 0 5 0 0 1 5 26,200 0 784 26,984 2,641,970

Statewide Total 1 634 35 0 10 0 1 3 18 80,236 988 3,613 84,701 7,722,019

RECAP 1 634 35 0 10 0 1 3 18


Page 4 of 4



Exhibit B

State of New York: We do hereby certify that at a National Convention of Delegates representing the Republican

Party of the United States. duly held and convened in the City of Saint Paul. State of Minnesota, on ~cp temberk , 2008. the following person. meeting the constitutional requirements for the Office of Pmident of the United States. and the following person, meeting the constitutional requirements for the Office of Vice President of the United States, wen nominated for such offices to be filled at the ensuing general election, November 4.2008. vh.:

V i a b i d e n r of the 1140 West Pdcs Highway

IN TESTIMONY WHEREOF, we haw hereunto set

Pcnnanent Addnss lam^. ~ c e a m of Chainnan of 737 I 'CHARTER CUP LANE .Canvention warrc-.Ot(45069 National Convention

Jeur A. Iwwu 457 Csrrw Snm

Convention AVW MA

I John A. Boehner, being duly 6ArOm. says that he was the presiding officer of the Convention of

Delegates mentioned and described in the foregoing artificatc. and that the said Jean A. Inman was the secretary of such convention. and that said certificate and the statements therein contained an true to the best of his information and belief.

and swam to befan me of September. 2008

Nomy Public My Commission mpim oo haday ofI,-

Jean A. Inrmn. being duly sworn. says that she was the seuetary of the Convention of Delegates mentioned aad dcscrii in Lhe fagoing catificate. and that the said John A. B o b was the presiding officer of such convention. and that said certificate and the statements therein contained are true to the best of her information and belief.

s w m to before me this day of September, 2008

N o m y PvMic MY Commisdon cxpitw on &dny CZ-

DEMOCRATIC NATIONAL COMMITTEE

OFFICIAL CERTIFICATION OF NOMINATION

THIS IS TO CERTIFY that at the National Convention of the Democratic Party of the United States of America, held in Denver, Colorado on August 25 though 28, 2008, the following were duly nominated as candidates of said Party for President and Vice President of the United States respectively:

For President of the United States

Barack Obama 5046 South Greenwood Avenue

Chicago, Illinois 606 15 2: --. 2 J

For Vice President of the United States > - - . ... . . . .. .

Joe Biden 1209 Barley Mill Road

Wilmington, Delaware 19807

Nan y Pelosi Chair, Democratic National Secretary, Democratic National Convention Convention

City and County of Denver ) ) ss:

State of Colorado 1

Subscribed and sworn to before me in the City and County of Denver, State of Colorado, this 2 Z a y of August, 2008.

SHAtlFA A. WILLIAMSON Notary Public

WkuCommlbslon~~O6,2011

Democratic Party Headquarters . 430 South Capitol Street, SE Washington, DC. 20003 . (202) 863-8000 Fax (202) 863-8174 Paid& by lbe Denzocratic ,Vatzonal Conzmittee. Contributions lo /he Denzocsatic :\htional Comnzittee ore not tax dedzrctible.

Visit our website at w.dernocrats.org.

.uw CERTIFICATE OF NOMINATION

INDEPENDENCE PARTY OF THE STATE OF NEW YORK

PLEASE TAKE NOTICE, that we the undersigned, Hon. Frank MacKay and

Hon. William Bogardt, acting as the Presiding Officer/Chairman and Secretary,

respectively, at a meeting of the State committee of the Independence Party of the State

of New York, which was duly called and held at the Holiday Inn Turf, 205 Wolf Road,

Albany, New York 12205, on the 21S' day of September, 2008 and at which a quorum

was present, do hereby certify that the following persons were duly nominated by

majority vote for the office of President and Vice President of the United States:

FURTHERMORE, we do hereby certify that the persons whose names and

addresses appear on the attached list were duly nominated as electors of the President and

Vice-President of the United States, in accordance with section 6-102 of the New York

State Election Law, committed to the candidacy of John McCain for President and Sarah

Title of Office to be Filled

President of the United States

Vice President of the United States

Palin for Vice President of the United States.

FURTHERMORE, we do hereby certify that the following named persons were

appointed to serve as a committee to fill vacancies for the candidates and for the electors

named on the attached list: Frank MacKay, 37 Village Green Drive, Port Jefferson

Station, New York, 11776; Thomas Connolly, Jr., 19 Dobert Court, Wyantskill, New

York, 12 198; and William Bogardt, 160 Archer Avenue, Copaigue, New York, 1 1726, in

Name of Candidate

John McCain

Sarah Palin

accordance with the provisions of the Election Law.

Dated: September 2 1,2008 Frank MacKay Presiding Officer/Chairman

Place of Residence of Candidate

22 1 1 East Camelback Road, Phoenix, Arizona, 8501 6

1140 West Parks Highway, Wasilla, Alaska, 99654

William Bogardt Secretary

CERTIFICATE OF NOMINATION CONSERVATIVE PARTY OF THE STATE OF NEW YORK

PLEASE TAKE NOTICE, that we the undersigned, Michael R. Long and

Howard Lim, Jr., acting as the Presiding OfficerIChairman and Secretary, respectively, at

a meeting of the State committee of the Conservative Party of the State of New York,

which was duly called and held at the New York Athletic Club, 180 Central Park South,

New York, New York 10019 at 4:00 P.M. on the 22fld day of September, 2008 and at

which a quorum was present, do hereby certify that the following persons were duly

nominated for the office of President and Vice President of the United States:

I Title of Office to be Filled I Name of Candidate 1 Place of Residence of I

President of the

FURTHERMORE, we do hereby certify that the persons whose names and

United States Vice President of the

United States

addresses appear on the attached list were duly nominated as electors of the President and

John McCain

Vice-President of the United States, in accordance with section 6-102 of the New York

Candidate 22 1 1 East Camelback Road

Sarah Palin

State Election Law, committed to the candidacy of John McCain for President and Sarah

Phoenix, Arizona 850 16 1 140 West Parks Highway

Wasilla. Alaska 99654

Palin for Vice President of the United States.

Dated: September 22,2008

Presiding Secretary

Page 1 of 7

CERTIFICATE OF NOMINATION By the State Committee

of the Working Families Party

We, Robert P. Master and Alexander Rabb, the undersigned, DO HEREBY CERTIFY THAT:

At a meeting of the State Committee of the Working Families Party of New York State, duly convened and held at 6:00 PM on the 15th day of September, 2008 at 2 Nevins Street in Brooklyn, City of New York, County of Kings, State of New York, a quorum of said Committee being present, said Committee did, by majority vote of the members present, voting by weighted ballot, nominate the following Working Families Party candidates for office at the General election to be held November 4, 2008:

Barack Obama 5046 South Greenwood Avenue

Chicago, Illinois 6061 5 for President of the United States of America

: Joe Biden 1209 Barley Mill Road

Wilmington, Delaware 19807 for Vice President of the United States of America

Stuart Applebaum - 405:E 82nd St Apt 5H

New York, NY 10028-6074 for Elector of President and Vice President of the United States o f America

George Arthur - 154 Roebling Ave

Buffalo, NY 14215-3308 for Elector of President and Vice President of the United States of America

Suzy Ballantyne - 15 Cheviot Ct

Clifton Park, NY 12065-59 15 for Elector of President and Vice President of the United States of America

Frank A. Bolz 111 - 10 1 Wilmington Drive Melville, NY 1 1747

for Elector of President and Vice President of the United States of America

Jon Cooper - 28 Lloyd Point Drive

Lloyd Harbor, NY 1 1743 for Elector of President and Vice President of the United States of America

Page 1 of 5

Andrew Cuomo - 1 West St Apt 3608

New York, NY 10004-1 038 for Elector of President and Vice President of the United States of America

Maritza Davila - 924 Hart St Apt 2R

Brooklyn, NY 1 1237 for Elector of President and Vice President of the United States of America

Inez Dickens - 201 W 139th St Apt 1F

New York, NY 10030-2145 for Elector of President and vice President of the United States of America

~ h o m a s DiNapoli - 100 Great Neck Rd Apt 1 E

Great Neck, NY 1 1021 -3342 for Elector of President and Vice President of the United States of America

Barbara Fiala - 27 Colfax Ave.

Binghamton, NY 13905-2 106 for Elector of President and Vice President of the United States of America

Richard Fife - 101 W 79th St Apt 9D

New York, NY 10024-6475 for Elector of President and vice President of the United States of America

Helen D. Foster - 12 10 Woodycrest Ave Apt 5B

Brow, NY 10452-3739 for Elector of President and Vice President of the United States of America

Bethaida Gonzalez - 5570 S Salina St

Syracuse, NY 13205-3036 for Elector of President and Vice President of the United States of America

Pamela Green-Perkins - 14 Morhingside Ave. Apt. 64 New Y'ork, NY 10026-2329

for Elector of President and Vike President of the United States of America

Page 2 of 5

deorge Gresham - 1313 E 233rd St

Bronx, NY 10466-33 13 for Elector of President and Vice President of the United States of America

Velda Jeffrey 1335 E 83rd St

Brooklyn, NY 1 1236-5 10 1 for Elector of President and Vice President of the United States of America

Hakeem Jeffries F 35 Underhill Ave

Brooklyn, NY 1 1 23 8-3 1 73 for Elector of President and Vice President of the United States of America

Reginald Lafayette - 41 8 Bedford Ave

Mount Vernon, NY 10553-20 17 for Elector of President and Vice President of the United States of America

Alan Lubin - 8 1 Pico Rd

Clifton Park, NY 12065-67 17 for Elector of President and Vice President of the United States of America

Maria ~ u n ' a - 839 Riverside Dr Apt 4A

New York, NY 10032-6425 for Elector of President and Vice President of the United States of America

Robert Master 458 14th Street

Brooklyn, NY 1 12 15 for Elector of President and Vice President of the United States of America

June F. O'Neill - 75 Pollock Rd

Canton, NY 136 17-4325 for Elector of President and Vice President of the United States of America

David A. Paterson - 45 W 132nd St Apt 7N

New York, NY 10037-3 1 14 for Elector of President and Vice President of the United States of America

Christine Quinn - 440 W 24th St Apt 2A

New York, NY 1001 1-1 350 for Elector of President and Vi:ce President of the United States of America

Page 3 of 5

Sheldon Silver - 500 G Grand Street #5A


Deborah A. Slott - 2 2 7 ~ 57th St Apt 10F


Malcolm Smith - 1 1220 178th Pi

Jamaica, NY 1 1433-4 122 for Elector of President and Vice President of the United States of America

William C. Thompson Jr. - 768 Putnam Ave

Brooklyn, NY 1 122 1-2 108 for Elector of President and Vice President of the United States of America

Alan VanCappelle - 303 Park Ave S Apt 405

New York, NY 100 10-3625 for Elector of President and Vice President of the United States of America

Terrence Yang - 1735 York Ave Apt 28H


i Ivan Young - 75 'Princess Avenue

Bay Shore, NY 1 1706-1 6 17 for Elector of President and vice President of the United States of America

The above nominations were made pursuant td~ Sections 6-1 02, 6-104, and 6-1 56 of the Election Law and the Rules of the Working Families Party of New York State;

At the aforesaid meeting, said State Committee did, by majority vote of the members present at such meeting, voting by weighted ballot, establish and elect as a Committee to Fill vacancies related to all of the above designated and nominated candidates for statewide public office the following enrolled members of the Working Families Party:

Robert P. Master, 458 14th Street, Brooklyn, NY 1 121 5 Bertha M. Lewis, 14 1 Lenox Road, Basement AA, Brooklyn, NY 1 1226 Sam Williams, 3 127 Upper Mountain Road, Lockport, NY 14094

The State Committee did establish and elect tQe aforementioned Committee to Fill Vacancies pursuant to Section 6-104 of the Election Law and the ~ u i e s of the Working Families Party of New York State.

Page 4 of 5

We do further CERTIFY that Robert P. Master was the Presiding Officer of said meeting and that Alexander Rabb was the Secretary thereof. '

IN WITNESS WHEREOF, we have hereunto'set our hands this 15th day of September, 2008.

Presiding Officer Presiding Secretary

STATE OF NEW YORK ) - ...- .. -

( SS. : COUNTY OF KINGS )

On this 15th day of September, 2008, before me came Robert P. Master and Alexander Rabb, personally known to me to be the individual whose nam& is subscribed to within the instrument and acknowledged to me that they executed the same in their capacities as Presiding Officer and Secretary of the

d meeting and that by their signatures on the instrument. rcJ a7 g! 3.0-

\;2 GI I ' KhiNM A. FiNNEGAN re., p ~ - - ;

)dgbaPY bubllo atate of New York -0 ;s;,*T NQ. d~~73926 & . T @ F

QwI49d ln New York Countl(. /q7 4 :+7m3-q @rqmission Expires WIWO/( -; c- .-.

STATE OF NEW YORK ) --.! ry; st;;.; ( ss.:

COUNTY OF KINGS )

We, Robert P. Master and Alexander Rabb, being severally duly sworn each for himself deposes and says:

That we have read the foregoing certificate of nomination and designation and know the contents thereof and that the same is true to our knowledge except as to those matters we believe to be true.

That said certificate was made and executed pursuant to the Rules and Regulations of the Working Families Party of New York State and in accordance with the New York State Election Law.

That Robert P. Master was the Presiding Officer at the meeting referred to in the above certificate and that Alexander Rabb was the Secretary thereof.

R bert P. Master Alexander Rabb presiding Officer Secretary

Sworn to before me this 15th day of September, 2008- EVIN A. FINNEGAN

Public, state of New yon No. 02F15073926

QualiAqd In New York county Notary Public/Commissioner of Deeds cQfmfs.~n Expira 03/10/20&

Page 5 of 5



Exhibit C

Jan 06 09 01: 16p

STAT]? OF I.IAWAII 0FFIC:F. C)L' ISLICC'l'lONS

Kil:,I.I;IIIIA A Y I ' h l ' i i

I'Lhlll. r l l s . II.\W<II rn7x:

w w w 1,.,w,,i, ",,<r.l~uii,,,,*

. . I hank you h r your rccc~it lcttcr requesting "documents tliat show thnt Bar:~cli Olx~ma is qt~alilied to be I'resident ol'llie Ilnilecl States."

'l'hc Iluwuii process Ibr 3 prcsidcntinl canclidalc to obtain acccss to thc b;~llot is spcllcd out in thc Inw. I-lnwnii IIcviscd Statutes $11 -1 13 (Prcsidctltial Ballots) p~.irvidcs lhnt :I rccognincd political party will pt.ovidc tlic Ollicc of l?lections with the ~ ~ ~ I l o w i n g ink3mnraliun prior- to placing lhc ~ ~ a r n c s or ils cundidaks Ibr Prosidc~it and Vice Prcsidenl on tlic prcsidentirll ballot: ( I ) tlic namcs and addrcsscs ol its candidntcs. (2) u slnlcmc~lt by the political party t h ~ t cacli canditl~ltcs is legally q~~alilicrl to scrvc undcr tlic provisions o f ~ l i c IJnitcd Statcs (:nnl;titr~tion, and ( 3 ) a statcmcnt thnt thc candidates are the c l t~ ly cl~oscn candidates ol:both thc statc and lhc national party. A party that PI-ovides this information for its candidate for prcsirlcnt and vicc-prcsidcnt of the United States sccrlrcs its ccuididatcs placc on thc ballot.

Ilnclosl'd is A copy of'tlie ollici.;~l cctlilications of nomination linm the 1)ernoclatic Party of the United States and the Ilernocratic Party of Hawaii stating tliat Iheir nominccs arc lcgally qualified to serve under the provisions of the United Statcs C'onstitution. I'his inhnnation qualilies Sen. Barnck Obamn's and .loe I3iden.s names to have nppcarcd on the Hnwi~ii b;~llot.

Jan 06 09 01: 16p

. ,

Dernocratlc Party of Hawall 1050 Ala Moana Blvd. #2660 Honolulu, HI 96814 Phone (808)596-2080 Fax (808)586-2985

OFFlClAl CERTIFICATION OF NOMINATION

State of Hawai'i

THIS IS TO CERTlFY that the following candidates for President and Vice- President of the United States are legally qualified to serve under the provisions of the national Democratic Parties balloting at the Presidential Preference Poll and Caucus held on February 19'" 2008 in the State of Hawaii and by acclamation at the National Democratic Convention held August 27. 2008 in Denver, Colorado.

For PresMent of tho Unitod Statos

Barack Obama P.O. Box 8102

Chicago, IL, 60680

For Vice President of the United States

Joe Biden 1209 Barley Mill Rd,

Wilminyton. DE 19807

IN TESTIMONY WHEREOF we have hemunto set our hands on thisDday Of August, 2008,

Brtar, E. Schatz - - Chair Democratic Party of Hawaii 1050 Ala Moana Blvd. #28%0 Honolulu, HI 96814

' V ' Secretary Democratic Party of Hawaii 1050 Ala Moana Blvd. #2660 Honolulu. HI 96814

DEMOCRATlC PARTY OF H A W A I I a4EJ-m 1050 Alr Mom= Dlvd. Swrc D2G G Hm~olulu, HI 96814 * Pl~dnc: (808) 596-2980 4 Pax- (808) 596-2985

Jan 06 09 01: 16p

DEMOCRnrrC NATIONAL CoMMITtBE

OFFICJAIJ CERTIFICATION OF NOMINATIQW

THIS IS TO CERTIFY that at the National Convention of the Democratic Patty of the Unitcd States o f America, held in Denver, Colorado on August 25 though 28, 2008, the following were duly nominated as candidates of said Party for President and Vice President of the Unitcd States respectivcly and that the following candidates for Prcsidcnt and Vicc President of the Unitcd States are legally qualified to serve under the provisions of the United S t m s Constitution:

Fur President of the United States

Barack Obama 5046 South Greenwood Avenuc

Chicago, Illinois 6061 5

For Vice Pteuidcnt of thc United States

h c Bidcn 1209 Barley Mill Road

Wilmington, Dclaware 19807

I " Chair, Dcmocratk National Secreury, Democratic Nntiodal

City and County of Denver ) ) ss:

State of Colorado )

Subscribed nnd sworn to before. me in thc City and County of Denver, Stale of Colorado, t h i s z d a y of August, 2008.

Notary Publlc

My Cmv&!w E l g W s Bsptwnbar06.2011

Democratic Party Hcadqunctecs 430 Souill Capirol $IN. SE Wshin~iotr, PC. ZM103 1 (202) 863-8WO r Fax (202) 869-8174 Paidj'ur by the OomocruIic Nullonul Comrnfll~B~ Co1111~rrI/ov,orrs lo //m hmomt ic NUI~OVIQ~ Cornrn~l~v urn !zO! lax dclludiblc

Wsll our websitc at w .dcmwaM.ore .

Jan 06 09 01:17p

August 28,2008

SANDLER, IREIFF & YOUNG, P.C.

Kevin B. Cronin Chief EIections OfYicer A m : BOPS 802 Lchua Ave. , ,

Pearl City, HI 96782

Dear Mr. Cronin: , . , .,.

Please find enclosed the official Certificate of Nomination of Senator Barack Obama as the nomitm of the Democratic Partv of the United States for President of the Unitcd States and of Senator Joe Biden as nominee foi Vicc Pmidcnt of the United Statcs.

If you need my additional infomiation, please contact Liz Howard at 202-479-1 1 I I. Thank you for your assistnnce.

Sincerely,

4 s o p h E. Sandler Gcncral Counsel, Demooratio Nationnl Committee



Exhibit D



Exhibit E

6Harvard Classics

Nonfiction > Harvard Classics > American Historical Documents

PREVIOUS

CONTENTS · BOOK CONTENTS · BIBLIOGRAPHIC RECORD American Historical Documents, 1000–1904.

The Harvard Classics. 1909–14.

Convention Between the United States and the Republic of Panama

(1904) [The attempt on the part of a French company to build a Panama canal was begun in 1879 under a concession from the Republic of Colombia, through whose territory the canal was to pass. When the enterprise was taken over by the United States in 1903, the treaty with Colombia, arranging for United States control of the canal strip, was rejected by the Congress of Colombia. The people of the isthmus, whose prosperity largely depended on the building of the canal, thereupon seceded from Colombia, set up the Republic of Panama, and agreed to the following convention.] FOR the Construction of a Ship Canal to Connect the Waters of the Atlantic and Pacific Oceans. Signed at Washington, November 18, 1903. Ratification advised by the Senate, February 23, 1904. Ratified by the President, February 25, 1904. Ratified by Panama, December 2, 1903. Ratifications exchanged at Washington, February 26, 1904. Proclaimed, February 26, 1904.

1

By the President of the United States of America.

A Proclamation Whereas, a Convention between the United States of America and the Republic of Panama to insure the construction of a ship canal across the Isthmus of Panama to connect the Atlantic and Pacific Oceans, was concluded and signed by their respective Plenipotentiaries at Washington, on the eighteenth day of November, one thousand nine hundred and three, the original of which Convention, being in the English language, is word for word as follows:

2

Isthmian Canal Convention

The United States of America and the Republic of Panama being desirous to insure the construction of a ship canal across the Isthmus of Panama to connect the Atlantic and Pacific Oceans, and the Congress of the United States of America having passed an act approved June 28, 1902, in furtherance of that object, by which the President of the

3

Page 1 of 8Convention Between the United States and the Republic of Panama. ...

11/9/2010http://www.bartleby.com/43/47.html

United States is authorized to acquire within a reasonable time the control of the necessary territory of the Republic of Colombia, and the sovereignty of such territory being actually vested in the Republic of Panama, the high contracting parties have resolved for that purpose to conclude a convention and have accordingly appointed as their plenipotentiaries,— The President of the United States of America, John Hay, Secretary of State, and 4

The Government of the Republic of Panama, Philippe Bunau-Varilla, EnvoyExtraordinary and Minister Plenipotentiary of the Republic of Panama, thereunto specially empowered by said government, who after communicating with each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles:

5

Article I

The United States guarantees and will maintain the independence of the Republic of Panama.

6

Article II

The Republic of Panama grants to the United States in perpetuity, the use, occupation and control of a zone of land and land under water for the construction, maintenance, operation, sanitation and protection of said Canal of the width of ten miles extending to the distance of five miles on each side of the center line of the route of the Canal to be constructed; the said zone beginning in the Caribbean Sea three marine miles from mean low water mark and extending to and across the Isthmus of Panama into the Pacific Ocean to a distance of three marine miles from mean low water mark with the proviso that the cities of Panama and Colon and the harbors adjacent to said cities, which are included within the boundaries of the zone above described, shall not be included within this grant. The Republic of Panama further grants to the United States in perpetuity, the use, occupation and control of any other lands and waters outside of the zone above described which may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal or of any auxiliary canals or other works necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said enterprise.

7

The Republic of Panama further grants in like manner to the United States in perpetuity, all islands within the limits of the zone above described and in addition thereto, the group of small islands in the Bay of Panama, named Perico, Naos, Culebra and Flamenco.

8

Article III

The Republic of Panama grants to the United States all the rights, power and authority within the zone mentioned and described in Article II of this agreement, and within the limits of all auxiliary lands and waters mentioned and described in said Article II which the United States would possess and exercise, if it were the sovereign of the territory within which said lands and waters are located to the entire exclusion of the exercise by the Republic of Panama of any such sovereign rights, power or authority.

9

Article IV

As rights subsidiary to the above grants the Republic of Panama grants in perpetuity, to the United States the right to use the rivers, streams, lakes and other bodies of water within its limits for navigation, the supply of water or waterpower or other purposes, so far as the use of said rivers, streams, lakes and bodies of water and the waters thereof may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal.

10



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Article V

The Republic of Panama grants to the United States in perpetuity, a monopoly for the construction, maintenance and operation of any system of communication by means of canal or railroad across its territory between the Caribbean Sea and the Pacific Ocean.

11

Article VI

The grants herein contained shall in no manner invalidate the titles or rights of private land holders or owners of private property in the said zone or in or to any of the lands or waters granted to the United States by the provisions of any Article of this treaty, nor shall they interfere with the rights of way over the public roads passing through the said zone or over any of the said lands or waters unless said rights of way or private rights shall conflict with rights herein granted to the United States in which case the rights of the United States shall be superior. All damages caused to the owners of private lands or private property of any kind by reason of the grants contained in this treaty or by reason of the operations of the United States, its agents or employees, or by reason of the construction, maintenance, operation, sanitation and protection of the said Canal or of the works of sanitation and protection herein provided for, shall be appraised and settled by a joint Commission appointed by the Governments of the United States and the Republic of Panama, whose decisions as to such damages shall be final and whose awards as to such damages shall be paid solely by the United States. No part of the work on said Canal or the Panama railroad or on any auxiliary works relating thereto and authorized by the terms of this treaty shall be prevented, delayed or impeded by or pending such proceedings to ascertain such damages. The appraisal of said private lands and private property and the assessment of damages to them shall be based upon their value before the date of this convention.

12

Article VII

The Republic of Panama grants to the United States within the limits of the cities of Panama and Colon and their adjacent harbors and within the territory adjacent thereto the right to acquire by purchase or by the exercise of the right of eminent domain, any lands, buildings, water rights or other properties necessary and convenient for the construction, maintenance, operation and protection of the Canal and of any works of sanitation, such as the collection and disposition of sewage and the distribution of water in the said cities of Panama and Colon, which, in the discretion of the United States may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal and railroad. All such works of sanitation, collection and disposition of sewage and distribution of water in the cities of Panama and Colon shall be made at the expense of the United States, and the Government of the United States, its agents or nominees shall be authorized to impose and collect water rates and sewage rates which shall be sufficient to provide for the payment of interest and the amortization of the principal of the cost of said works within a period of fifty years and upon the expiration of said term of fifty years the system of sewers and water works shall revert to and become the properties of the cities of Panama and Colon respectively, and the use of the water shall be free to the inhabitants of Panama and Colon, except to the extent that water rates may be necessary for the operation and maintenance of said system of sewers and water.

13

The Republic of Panama agrees that the cities of Panama and Colon shall comply in perpetuity, with the sanitary ordinances whether of a preventive or curative character prescribed by the United States and in case the Government of Panama is unable or fails in its duty to enforce this compliance by the cities of Panama and Colon with the sanitary ordinances of the United States the Republic of Panama grants to the United States the right and authority to enforce the same.

14



The same right and authority are granted to the United States for the maintenance of public order in the cities of Panama and Colon and the territories and harbors adjacent thereto in case the Republic of Panama should not be, in the judgment of the United States, able to maintain such order.

15

Article VIII

The Republic of Panama grants to the United States all rights which it now has or hereafter may acquire to the property of the New Panama Canal Company and the Panama Railroad Company as a result of the transfer of sovereignty from the Republic of Columbia to the Republic of Panama over the Isthmus of Panama and authorizes the New Panama Canal Company to sell and transfer to the United States its rights, privileges, properties and concessions as well as the Panama Railroad and all the shares or part of the shares of that company; but the public lands situated outside of the zone described in Article II of this treaty now included in the concessions of both said enterprises and not required in the construction or operation of the Canal shall revert to the Republic of Panama except any property now owned by or in the possession of said companies within Panama or Colon or the ports or terminals thereof.

16

Article IX

The United States agrees that the ports at either entrance of the Canal and the waters thereof, and the Republic of Panama agrees that the towns of Panama and Colon shall be free for all time so that there shall not be imposed or collected custom house tolls, tonnage, anchorage, lighthouse, wharf, pilot, or quarantine dues or any other charges or taxes of any kind upon any vessel using or passing through the Canal or belonging to or employed by the United States, directly or indirectly, in connection with the construction, maintenance, operation, sanitation and protection of the main Canal, or auxiliary works, or upon the cargo, officers, crew, or passengers of any such vessels, except such tolls and charges as may be imposed by the United States for the use of the Canal and other works, and except tolls and charges imposed by the Republic of Panama upon merchandise destined to be introduced for the consumption of the rest of the Republic of Panama, and upon vessels touching at the ports of Colon and Panama and which do not cross the Canal.

17

The Government of the Republic of Panama shall have the right to establish in such ports and in the towns of Panama and Colon such houses and guards as it may deem necessary to collect duties on importations destined to other portions of Panama and to prevent contraband trade. The United States shall have the right to make use of the towns and harbors of Panama and Colon as places of anchorage, and for making repairs, for loading, unloading, depositing, or transshipping cargoes either in transit or destined for the service of the Canal and for other works pertaining to the Canal.

18

Article X

The Republic of Panama agrees that there shall not be imposed any taxes, national, municipal, departmental, or of any other class, upon the Canal, the railways and auxiliary works, tugs and other vessels employed in the service of the Canal, store houses, work shops, offices, quarters for laborers, factories of all kinds, warehouses, wharves, machinery and other works, property, and effects appertaining to the Canal or railroad and auxiliary works, or their officers or employees, situated within the cities of Panama and Colon, and that there shall not be imposed contributions or charges of a personal character of any kind upon officers, employees, laborers, and other individuals in the service of the Canal and railroad and auxiliary works.

19

Article XI 20



The United States agrees that the official dispatches of the Government of the Republic of Panama shall be transmitted over any telegraph and telephone lines established for canal purposes and used for public and private business at rates not higher than those required from officials in the service of the United States.

Article XII The Government of the Republic of Panama shall permit the immigration and free access to the lands and workshops of the Canal and its auxiliary works of all employees and workmen of whatever nationality under contract to work upon or seeking employment upon or in any wise connected with the said Canal and its auxiliary works, with their respective families, and all such persons shall be free and exempt from the military service of the Republic of Panama.

21

Article XIII

The United States may import at any time into the said zone and auxiliary lands, free of custom duties, imposts, taxes, or other charges, and without any restrictions, any and all vessels, dredges, engines, cars, machinery, tools, explosives, materials, supplies, and other articles necessary and convenient in the construction, maintenance, operation, sanitation and protection of the Canal and auxiliary works, and all provisions, medicines, clothing, supplies, and other things necessary and convenient for the officers, employees, workmen and laborers in the service and employ of the United States and for their families. If any such articles are disposed of for use outside of the zone and auxiliary lands granted to the United States and within the territory of the Republic, they shall be subject to the same import or other duties as like articles imported under the laws of the Republic of Panama.

22

Article XIV

As the price or compensation for the rights, powers and privileges granted in this convention by the Republic of Panama to the United States, the Government of the United States agrees to pay to the Republic of Panama the sum of ten million dollars ($10,000,000) in gold coin of the United States on the exchange of the ratification of this convention and also an annual payment during the life of this convention of two hundred and fifty thousand dollars ($250,000) in like gold coin, beginning nine years after the date aforesaid.

23

The provisions of this Article shall be in addition to all other benefits assured to the Republic of Panama under this convention.

24

But no delay or difference of opinion under this Article or any other provisions of this treaty shall affect or interrupt the full operation and effect of this convention in all other respects.

25

Article XV

The joint commission referred to in Article VI shall be established as follows:

26

The President of the United States shall nominate two persons and the President of the Republic of Panama shall nominate two persons and they shall proceed to a decision; but in case of disagreement of the Commission (by reason of their being equally divided in conclusion), an umpire shall be appointed by the two Governments who shall render the decision. In the event of the death, absence, or incapacity of a Commissioner or Umpire, or of his omitting, declining or ceasing to act, his place shall be filled by the appointment of another person in the manner above indicated. All decisions by a majority of the Commission or by the umpire shall be final.

27



Article XVI

The two Governments shall make adequate provision by future agreement for the pursuit, capture, imprisonment, detention and delivery within said zone and auxiliary lands to the authorities of the Republic of Panama of persons charged with the commitment of crimes, felonies, or misdemeanors without said zone and for the pursuit, capture, imprisonment, detention and delivery without said zone to the authorities of the United States of persons charged with the commitment of crimes, felonies and misdemeanors within said zone and auxiliary lands.

28

Article XVII

The Republic of Panama grants to the United States the use of all the ports of the Republic open to commerce as places of refuge for any vessels employed in the Canal enterprise, and for all vessels passing or bound to pass through the Canal which may be in distress and be driven to seek refuge in said ports. Such vessels shall be exempt from anchorage and tonnage dues on the part of the Republic of Panama.

29

Article XVIII

The Canal, when constructed, and the entrances thereto shall be neutral in perpetuity, and shall be opened upon the terms provided for by Section I of Article three of, and in conformity with all the stipulations of, the treaty entered into by the Governments of the United States and Great Britain on November 18, 1901.

30

Article XIX

The Government of the Republic of Panama shall have the right to transport over the Canal, its vessels and its troops and munitions of war in such vessels at all times without paying charges of any kind. The exemption is to be extended to the auxiliary railway for the transportation of persons in the service of the Republic of Panama, or of the police force charged with the preservation of public order outside of said zone, as well as to their baggage, munitions of war and supplies.

31

Article XX

If by virtue of any existing treaty in relation to the territory of the Isthmus of Panama, whereof the obligations shall descend or be assumed by the Republic of Panama, there may be any privilege or concession in favor of the Government or the citizens and subjects of a third power relative to an interoceanic means of communication which in any of its terms may be incompatible with the terms of the present convention, the Republic of Panama agrees to cancel or modify such treaty in due form, for which purpose it shall give to the said third power the requisite notification within the term of four months from the date of the present convention, and in case the existing treaty contains no clause permitting its modifications or annulment, the Republic of Panama agrees to procure its modification or annulment in such form that there shall not exist any conflict with the stipulations of the present convention.

32

Article XXI

The rights and privileges granted by the Republic of Panama to the United States in the preceding Articles are understood to be free of all anterior debts, liens, trusts, or liabilities, or concessions or privileges to other Governments, corporations, syndicates or individuals, and consequently, if there should arise any claims on account of the present

33



concessions and privileges or otherwise, the claimants shall resort to the Government of the Republic of Panama, and no to the United States for any indemnity or compromise which may be required.

Article XXII The Republic of Panama renounces and grants to the United States, the participation to which it might be entitled in the future earnings of the Canal under Article XV of the concessionary contract with Lucien N. B. Wyse, now owned by the New Panama Canal Company and any all other rights or claims of a pecuniary nature arising under or relating to said concession, or arising under or relating to the concessions to the Panama Railroad Company or any extension or modification thereof; and it likewise renounces, confirms and grants to the United States, now and hereafter, all the rights and property reserved in the said concessions which otherwise would belong to Panama at or before the expiration of the terms of ninety-nine years of the concessions granted to or held by the above mentioned party and companies, and all right, title and interest which it now has or may hereafter have, in and to the lands canal, works, property and rights held by the said companies under said concessions or otherwise, and acquired or to be acquired by the United States from or through the New Panama Canal Company, including any property and rights which might or may in the future either by lapse of time, forfeiture or otherwise, revert to the Republic of Panama under any contracts or concessions, with said Wyse, the Universal Panama Canal Company, the Panama Railroad Company and the New Panama Canal Company.

34

The aforesaid rights and property shall be and are free and released from any present or reversionary interest in or claims of Panama and the title of the United States thereto upon consummation of the contemplated purchase by the United States from the New Panama Canal Company, shall be absolute, so far as concerns the Republic of Panama, excepting always the rights of the Republic specifically secured under this treaty.

35

Article XXIII

If it should become necessary at any time to employ armed forces for the safety or protection of the Canal, or of the ships that make use of the same, or the railways and auxiliary works, the United States shall have the right, at all times and in its discretion, to use its police and its land and naval forces or to establish fortifications for these purposes.

36

Article XXIV

No change either in the Government or in the laws and treaties of the Republic of Panama shall, without the consent of the United States, affect any right of the United States under the present convention, or under any treaty stipulation between the two countries that now exists or may hereafter exist touching the subject matter of this convention.

37

If the Republic of Panama shall hereafter enter as a constituent into any other Government or into any union or confederation of states, so as to merge her sovereignty or independence in such Government, union or confederation, the rights of the United States under this convention shall not be in any respect lessened or impaired.

38

Article XXV

For the better performance of the engagements of this convention and to the end of the efficient protection of the Canal and the preservation of its neutrality, the Government of the Republic of Panama will sell or lease to the United States lands adequate and necessary for the naval or coaling stations on the Pacific coast and on the western

39



Caribbean coast of the Republic at certain points to be agreed upon with the President of the United States.

Article XXVI This convention when signed by the Plenipotentiaries of the Contracting Parties shall be ratified by the respective Governments and the ratifications shall be exchanged at Washington at the earliest date possible.

40

If faith whereof the respective Plenipotentiaries have signed the present convention in duplicate and have hereunto affixed their respective seals.

41

Done at the City of Washington, the 18th day of November in the year of our Lord, nineteen hundred and three.

John Hay. [seal.]P. Bunau Varilla. [seal.]

42

And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the twenty-sixth day of February, one thousand nine hundred and four.

43

Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof.

44

In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

45

Done at the City of Washington, this twenty-sixth day of February, in the year of our Lord one thousand nine hundred and four, and of the Independence of the United States the one hundred and twenty-eighth. [seal]

Theodore Roosevelt. By the President: John Hay, Secretary of State.

46

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Exhibit G

CONGRESSIONAL RECORD — SENATES2950 April 10, 2008 to originate student loans or finance student loan-related activities. This will provide funds for banks to help provide critically-needed student loans during these difficult economic times.

The Federal Home Loan Banks are today an essential source of stable, low-cost funds to financial institutions for home mortgage, small business, and rural and agricultural loans. With their members, the Federal Home Loan Banks represent one of the largest sources of home mortgage and commu-nity credit. There are twelve Federal Home Loan Banks, including one in Boston, each located in different re-gions of the country. Their cooperative structure is ideal for serving the sys-tem’s 8,100 member lenders.

Today, the Federal Home Loan Banks provide billions of dollars of pri-mary liquidity to approximately 80 per-cent of the Nation’s financial institu-tions. By providing this additional stu-dent loan authorization to its mem-bers, member institutions will be able to remain active in the student loan marketplace and help students pay for their education.

This legislation is absolutely vital to securing the opportunity of higher edu-cation for all who choose to pursue it.

f

SUBMITTED RESOLUTIONS

SENATE RESOLUTION 510—SUP-PORTING THE GOALS AND IDEALS OF NATIONAL CYSTIC FI-BROSIS AWARENESS MONTH

Mrs. MURRAY (for herself and Mr. INHOFE) submitted the following reso-lution; which was referred to the Com-mittee on Health, Education, Labor, and Pensions:

S. RES. 510

Whereas cystic fibrosis is one of the most common life-threatening genetic diseases in the United States and one for which there is no known cure;

Whereas the average life expectancy of an individual with cystic fibrosis is 37 years, an improvement from a life expectancy in the 1960s where children did not live long enough to attend elementary school, but still unac-ceptably short;

Whereas approximately 30,000 people in the United States have cystic fibrosis, more than half of them children;

Whereas 1 of every 3,500 babies born in the United States is born with cystic fibrosis;

Whereas more than 10,000,000 Americans are unknowing, symptom-free carriers of the cystic fibrosis gene;

Whereas the Centers for Disease Control and Prevention recommend that all States consider newborn screening for cystic fibro-sis;

Whereas the Cystic Fibrosis Foundation urges all States to implement newborn screening for cystic fibrosis to facilitate early diagnosis and treatment which im-proves health and life expectancy;

Whereas prompt, aggressive treatment of the symptoms of cystic fibrosis can extend the lives of people who have the disease;

Whereas recent advances in cystic fibrosis research have produced promising leads in gene, protein, and drug therapies beneficial to people who have the disease;

Whereas innovative research is progressing faster and is being conducted more aggres-sively than ever before, due, in part, to the Cystic Fibrosis Foundation’s establishment of a model clinical trials network;

Whereas, although the Cystic Fibrosis Foundation continues to fund a research pipeline for more than 30 potential therapies and funds a nationwide network of care cen-ters that extend the length and quality of life for people with cystic fibrosis, lives con-tinue to be lost to this disease every day;

Whereas education of the public about cys-tic fibrosis, including the symptoms of the disease, increases knowledge and under-standing of cystic fibrosis and promotes early diagnosis; and

Whereas the Cystic Fibrosis Foundation will conduct activities to honor National Cystic Fibrosis Awareness Month in May 2008: Now, therefore, be it

Resolved, That the Senate— (1) honors the goals and ideals of National

Cystic Fibrosis Awareness Month; (2) supports the promotion of further pub-

lic awareness and understanding of cystic fi-brosis;

(3) encourages early diagnosis and access to quality care for people with cystic fibrosis to improve the quality of their lives; and

(4) supports research to find a cure for cys-tic fibrosis by fostering an enhanced re-search program through a strong Federal commitment and expanded public-private partnerships.

f

SENATE RESOLUTION 511—RECOG-NIZING THAT JOHN SIDNEY MCCAIN III, IS A NATURAL BORN CITIZEN

Mrs. MCCASKILL (for herself, Mr. LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB) submitted the following resolution; which was re-ferred to the Committee on the Judici-ary:

S. RES. 511

Whereas the Constitution of the United States requires that, to be eligible for the Of-fice of the President, a person must be a ‘‘natural born Citizen’’ of the United States;

Whereas the term ‘‘natural born Citizen’’, as that term appears in Article II, Section 1, is not defined in the Constitution of the United States;

Whereas there is no evidence of the inten-tion of the Framers or any Congress to limit the constitutional rights of children born to Americans serving in the military nor to prevent those children from serving as their country’s President;

Whereas such limitations would be incon-sistent with the purpose and intent of the ‘‘natural born Citizen’’ clause of the Con-stitution of the United States, as evidenced by the First Congress’s own statute defining the term ‘‘natural born Citizen’’;

Whereas the well-being of all citizens of the United States is preserved and enhanced by the men and women who are assigned to serve our country outside of our national borders;

Whereas previous presidential candidates, were born outside of the United States of America and were understood to be eligible to be President; and

Whereas John Sidney McCain, III, was born to American citizens on an American mili-tary base in the Panama Canal Zone in 1936: Now, therefore, be it

Resolved, That John Sidney McCain, III, is a ‘‘natural born Citizen’’ under Article II, Section 1, of the Constitution of the United States.

Mr. LEAHY. Mr. President, today I join Senator CLAIRE MCCASKILL in in-troducing a resolution to express the common sense of everyone here that Senator MCCAIN is a ‘‘natural born Cit-izen,’’ as the term is used in the Con-stitution of the United States. Our Constitution contains three require-ments for a person to be eligible to be President—the person must have reached the age of 35; must have re-sided in America for 14 years; and must be a ‘‘natural born Citizen’’ of the United States. Certainly there is no doubt that Senator MCCAIN is of suffi-cient years on this earth and in this country given that he has been serving in Washington for over 25 years. How-ever, some pundits have raised the question of whether he is a ‘‘natural born Citizen’’ because he was born out-side of the official borders of the United States.

JOHN SIDNEY MCCAIN, III, was born to American citizens on an American Naval base in the Panama Canal Zone in 1936. Numerous legal scholars have looked into the purpose and intent of the ‘‘natural born Citizen’’ require-ment. As far as I am aware, no one has unearthed any reason to think that the Framers would have wanted to limit the rights of children born to military families stationed abroad or that such a limited view would serve any noble purpose enshrined in our founding doc-ument. Based on the understanding of the pertinent sources of constitutional meaning, it is widely believed that if someone is born to American citizens anywhere in the world they are natural born citizens.

It is interesting to note that another previous presidential candidate, George Romney, was also born outside of the United States. He was widely under-stood to be eligible to be President. Senator Barry Goldwater was born in a U.S. territory that later became the State of Arizona so some even ques-tioned his eligibility. Certainly the millions of Americans who voted for these two Republican candidates be-lieved that they were eligible to as-sume the office of the President. The same is true today.

Because he was born to American citizens, there is no doubt in my mind that Senator MCCAIN is a natural born citizen. I recently asked Secretary of Homeland Security Michael Chertoff, a former Federal judge, if he had any doubts in his mind. He did not.

I expect that this will be a unani-mous resolution of the Senate and I thank the Senator from Missouri for working with me on this.

I ask unanimous consent that the relevant excerpt from the Judiciary Committee hearing where Secretary Chertoff testified be made a part of the RECORD. EXCERPT OF SECRETARY CHERTOFF TESTIMONY

FROM APRIL 2, 2008 Chairman LEAHY. We will come back to

that. I would mention one other thing, if I might, Senator Specter. Let me just ask this: I believe—and we have had some ques-tion in this Committee to have a special law

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CONGRESSIONAL RECORD — SENATE S2951 April 10, 2008 passed declaring that Senator McCain, who was born in the Panama Canal, that he meets the constitutional requirement to be President. I fully believe he does. I have never had any question in my mind that he meets our constitutional requirement. You are a former Federal judge. You are the head of the agency that executes Federal immi-gration law. Do you have any doubt in your mind—I mean, I have none in mine. Do you have any doubt in your mind that he is con-stitutionally eligible to become President?

Secretary CHERTOFF. My assumption and my understanding is that if you are born of American parents, you are naturally a nat-ural-born American citizen.

Chairman LEAHY. That is mine, too. Thank you.

f

SENATE RESOLUTION 512—HON-ORING THE LIFE OF CHARLTON HESTON

Mr. DEMINT (for himself, Mr. BAU-CUS, Mr. MCCONNELL, Mr. ALLARD, Mr. CHAMBLISS, Mr. CORNYN, Mr. CRAIG, Mr. ENSIGN, Mr. ENZI, Mr. INHOFE, Mr. NEL-SON of Nebraska, and Mr. WEBB) sub-mitted the following resolution; which was referred to the Committee on the Judiciary:

S. RES. 512

Whereas the United States has lost a great patriot with the passing of Charlton Heston;

Whereas Charlton Heston first became be-loved by the Nation as a great actor and por-trayed many heroic figures, including Moses, Michelangelo, Andrew Jackson, John the Baptist, Mark Antony, and El Cid in epic movies of the 1950s and 1960s, and won the 1959 Best Actor Academy Award (Oscar) for playing the title character in ‘‘Ben-Hur’’;

Whereas Charlton Heston was a leader in many areas of life outside of acting, includ-ing serving as president of the Screen Actors Guild, which he helped to integrate with Ronald Reagan, and as chairman of the American Film Institute;

Whereas Charlton Heston was an active supporter of the civil rights movement, in-cluding protesting the showing of his film at a segregated movie theater in Oklahoma City and participating in and leading the Arts Group in the 1963 civil rights march on Washington;

Whereas, in the last major public role of his life, Charlton Heston was president of the National Rifle Association from June 1998 until April 2003;

Whereas, as president of the National Rifle Association, Charlton Heston was a stalwart defender of the 2nd Amendment right of citi-zens to keep and bear arms and was an active and effective promoter of wildlife manage-ment through hunting;

Whereas in 2003 Charlton Heston was awarded the Presidential Medal of Freedom, the Nation’s highest civilian honor;

Whereas Charlton Heston was born in Evanston, Illinois, on October 4, 1923, and his parents moved to St. Helen, Michigan, where he grew up;

Whereas in 1943 Charlton Heston enlisted in the Army Air Forces and served as a radio-gunner in the Aleutian Islands of Alas-ka, and in 1947 he was discharged from the Army;

Whereas in 1944 Charlton Heston married the love of his life, Lydia Clarke, to whom he had been married 64 years at his death;

Whereas Charlton and Lydia Heston are the parents of 2 children, Fraser Heston and Holly Heston Rochell;

Whereas Charlton Heston passed away on April 5, 2008, and the contributions he made

to his family and his Nation will not be for-gotten: Now, therefore, be it

Resolved, That the Senate— (1) honors the life, achievements, and con-

tributions of Charlton Heston; and (2) extends its deepest sympathies to the

family of Charlton Heston for the loss of such a great and generous man, husband, and father.

f

SENATE CONCURRENT RESOLU-TION 75—EXPRESSING THE SENSE OF CONGRESS THAT THE SECRETARY OF DEFENSE SHOULD TAKE IMMEDIATE STEPS TO APPOINT DOCTORS OF CHIROPRACTIC AS COMMIS-SIONED OFFICERS IN THE ARMED FORCES

Mr. COLEMAN (for himself and Mr. HARKIN) submitted the following con-current resolution; which was referred to the Committee on Armed Services:

S. CON. RES. 75

Whereas the Secretary of Defense has stat-utory authority under section 3070 of title 10, United States Code, to appoint doctors of chiropractic as commissioned officers in the Armed Forces, but has not yet made such ap-pointments;

Whereas the urgent needs of military per-sonnel in the field of operations include ac-cess to the widest possible range of health care options, especially in the area of care of the spine and related structures of the body;

Whereas providing military personnel in the field of operations with access to chiro-practic care will increase the cost effective-ness of military health care expenditures by taking advantage of the conservative, drugless, and non-surgical care option of-fered by chiropractic care;

Whereas back injuries are the leading cause of lost service time and disability in the Armed Forces;

Whereas military personnel in the field of operations or on shipboard can access chiro-practic care only through commissioned chiropractic officers;

Whereas access to chiropractic care through commissioned chiropractic officers will enhance the combat readiness of mili-tary personnel by offering a non-pharma-ceutical option for the health care needs of such personnel; and

Whereas the appointment of doctors of chiropractic as commissioned offices will make use of a highly skilled and trained pool of health care professionals and help to meet the growing demand for chiropractic care in the Armed Forces: Now, therefore, be it

Resolved by the Senate (the House of Rep-resentatives concurring), That it is the sense of Congress that the Secretary of Defense should take immediate steps to establish a career path for doctors of chiropractic to be appointed as commissioned officers in all branches of the Armed Forces for purposes of providing chiropractic services to members of the Armed Forces.

f

AMENDMENTS SUBMITTED AND PROPOSED

SA 4523. Mr. DODD (for himself and Mr. SHELBY) proposed an amendment to the bill H.R. 3221, moving the United States toward greater energy independence and security, developing innovative new technologies, re-ducing carbon emissions, creating green jobs, protecting consumers, increasing clean re-newable energy production, and modernizing our energy infrastructure, and to amend the

Internal Revenue Code of 1986 to provide tax incentives for the production of renewable energy and energy conservation.

SA 4524. Mr. NELSON of Nebraska sub-mitted an amendment intended to be pro-posed by him to the bill S. 2739, to authorize certain programs and activities in the De-partment of the Interior, the Forest Service, and the Department of Energy, to implement further the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, to amend the Compact of Free Association Amendments Act of 2003, and for other purposes; which was ordered to lie on the table.

f

TEXT OF AMENDMENTS SA 4523. Mr. DODD (for himself and

Mr. SHELBY) proposed an amendment to the bill H.R. 3221, moving the United States toward greater energy independ-ence and security, developing innova-tive new technologies, reducing carbon emissions, creating green jobs, protec-tion consumers, increasing clean re-newable energy production, and mod-ernizing our energy infrastructure, and to amend the Internal Revenue Code of 1986 to provide tax incentives for the production of renewable energy and en-ergy conservation; as follows:

Amend the title so as to read: To provide needed housing reform and for

other purposes.

SA 4524. Mr. NELSON of Nebraska submitted an amendment intended to be proposed by him to the bill S. 2739, to authorize certain programs and ac-tivities in the Department of the Inte-rior, the Forest Service, and the De-partment of Energy, to implement fur-ther the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of Amer-ica, to amend the Compact of Free As-sociation Amendments Act of 2003, and for other purposes.; which was ordered to lie on the table; as follows:

Strike section 335.

f

NOTICE OF HEARING COMMITTEE ON ENERGY AND NATURAL

RESOURCES Mr. BINGAMAN. Mr. President, I

would like to announce for the infor-mation of the Senate and the public that a hearing has been scheduled be-fore the Senate Committee on Energy and Natural Resources. The hearing will be held on Thursday, May 1, 2008, at 9:30 a.m., in room SD–366 of the Dirksen Senate Office Building.

The purpose of the hearing is to re-ceive testimony on the military build-up on Guam: impact on the civilian community, planning, and response.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record may do so by sending it to the Committee on Energy and Natural Resources, United States Senate, Washington, D.C. 20510–6150, or by e-mail to Rosemarie [email protected].

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Exhibit H

III

110TH CONGRESS 2D SESSION S. RES. 511 Recognizing that John Sidney McCain, III, is a natural born citizen.

IN THE SENATE OF THE UNITED STATES

APRIL 10, 2008

Mrs. MCCASKILL (for herself, Mr. LEAHY, Mr. OBAMA, Mr. COBURN, Mrs.

CLINTON, and Mr. WEBB) submitted the following resolution; which was

referred to the Committee on the Judiciary

APRIL 24, 2008

Reported by Mr. LEAHY, without amendment

APRIL 30, 2008

Considered and agreed to

RESOLUTION Recognizing that John Sidney McCain, III, is a natural

born citizen.

Whereas the Constitution of the United States requires that,

to be eligible for the Office of the President, a person

must be a ‘‘natural born Citizen’’ of the United States;

Whereas the term ‘‘natural born Citizen’’, as that term ap-

pears in Article II, Section 1, is not defined in the Con-

stitution of the United States;

Whereas there is no evidence of the intention of the Framers

or any Congress to limit the constitutional rights of chil-

dren born to Americans serving in the military nor to

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prevent those children from serving as their country’s

President;

Whereas such limitations would be inconsistent with the pur-

pose and intent of the ‘‘natural born Citizen’’ clause of

the Constitution of the United States, as evidenced by

the First Congress’s own statute defining the term ‘‘nat-

ural born Citizen’’;

Whereas the well-being of all citizens of the United States is

preserved and enhanced by the men and women who are

assigned to serve our country outside of our national bor-

ders;

Whereas previous presidential candidates were born outside

of the United States of America and were understood to

be eligible to be President; and

Whereas John Sidney McCain, III, was born to American

citizens on an American military base in the Panama

Canal Zone in 1936: Now, therefore, be it

Resolved, That John Sidney McCain, III, is a ‘‘nat-1

ural born Citizen’’ under Article II, Section 1, of the Con-2

stitution of the United States. 3

Æ

VerDate Aug 31 2005 01:30 May 01, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\SR511.ATS SR511erow

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Exhibit I

I 2001 1fE t 3 Pb! 3: 0 1

CANDIDATE NOMINATION PAPER (A.R.S. 5 16-/!42)

FOR OFFICE USE ONLY 9 You are hereby notified that I, %rack

am seeking nomination as a candidate for the offid of President of the United States from the Democratic Pbrty, at the Presidential Preference Election

to be held on the 5th day of February 2008.

I am a natural born citlzen of the United ~ts/tes, am at least thirty-five years of age, and

have been a resident within the United States for at least fourteen years.

5046 South Greenwood Avenue, ~hiod~o. IL 60615 CandMate's actual residence address or description of p+ of residence (city or town) (zip)

Obama for America, 233 North ~ i c h j ~ a n Avenue. 11th Floor, Chicag Candidate's Post Office Address

, I (city or town) (zip)

8666i9

I

Candidate's Arizona committee information: 1 Chairman's Name Don B ivens 1

602-298-4200 Telephone I I

2910 N o r t h central1 Avenue, Phoen ix AZ 85012 Address

(number and street) (city or town) (zip)

RECEIVED SECRETARY OF STATE

Q ~ a m 1

I am not )

a registered voter in the I stete in which I resi8@7 DEC 1 3 32 0 I

a member of the politiql party from which I am running as a

candidate for Re oRce (oi President of the United States.

I do solemnly swear (or affirm) that all the information in this Nomination Paper is true, that as to these and all other qualifications, 1 am qualifieq to hold the office that I seek, having fulfilled the United States constitutional requirements for holding said office. I further swear (or affirm) that I have fulfilled Arizona's statutory requirement for pldcing my name on its Election ballot.

i

I

Subscnied AND SWORN to (or affirmed) before me this lu0 \ IC~13~f? PJ 20 -

My Co+tmission Expires: "3 - 3 1 - 2 0 1 0

File with:

Arizona Secretary of State Election Services Division 1700 West Washington Street, Floor Phoenix, Atbna 85007

Dffice Revision 8/21/2007

The faregping documeat is a M~.~II@@@~ trite and c m c t mpy d the &cum@ filed wfth Wla SEC- af sate,

Ken Bennee, Arizona Secretary of Sta-te

Date Y . / l w O?

stabe G ~ b k 1700 W W a s k m StFeGS ? Ftwr Fbmmk,AE lim7-BBB

T&ph~ne fW) W 6 B Fox [doa) Yn4j72

STATEQFmWKA

MDtDfiTE NOMlBAm PAPER m. % 5-

P.0. BBlr l Q l f B ar&fng+.er VA 22215

1 @PI

Exhibit I

E i a m a registered voter in the statP in which I reside.

n I am not )

Wlam a member of the political party from which I am running as a

iJ I am not ) candidate for the oMce of President of the United States.

I do solemnly swear (Or affirm) that ail the information in this Nomination Paper is true, that as to these and all other qualifbat1ons, I am qualified to hold the office that 1 seek, havipg iutfilled the United States constitutional requirements for holding said oRice. I further w a r (or affirm) that I have fulfilled Arizona's statutory requirement for placing my name on its Presidential Preference EIection ballot.

SuWcriibed AND SWORN to (or affirmed) before ns this Qieg. day of

File wlth:

Arizona Secretary of State Election Sewices Division 1700 West Washington Street, 7' Floor Phoeng Arizona 86W

'Office Rsvision 8/21/200?

.*

- - - - ~

~ ~

~ - .- ~~ ~

- .~ -

Strunk v. Paterson e t al. NYS Supreme Court County of Kings 29642-08

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 29642 1 08

Christopher-Earl: Strunk, in esse Plaintiff,

DAVID A. PATERSON, ANDREW CUOMO, THOMAS P. DINAPOLI, in their official capacity and individually; THE DEMOCRAT CANDIDATE PRESIDENTIAL ELECTORS AS A CLASS, in their official capacity and individually; SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama) Individually; OBAMA FORAMERTCA; O B M WCTORY FiWVQ NANCY PELOSI individually; DEMOCRATIC STATE COMMI'ITEE OF THE STATE OF NEW YORK; STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE; JOHN SIDNEY MCCAIN 111, individually; MCCAIN CICTORYZa MCCATN-PAWN MCTORY2008; JOHN A. BOEHNER, individually; THE NEW YORK STATE REPUBLICAN STATE COMMIITEE; THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY; STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE; R ~ G E R CALERO, individually; THE SOCIALIST WORKERS PARTY; XlZ JOliWFI%M)RAtSING COMMTmE& NEW YORK STATE BOARD OF ELECTIONS; MEW YORK STATE BOARD OF ELECTIONS, JAMES A. WAZlSH / Co-Chair, DOUGLAS A. KELLNER 1 Co-Chair, EVELYN J. AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner, Deputy Director TODD D. VAI3NTINE, Deputy Director STANLEY ZALEN, LORRAINE A. CORTEZ-VAZQUEZ, Secretary of the State of New York, individually; ZBIGNIEW KAIMIERZ BRZEZWSKI, John and Jane Does; and Xm Entities.

Defendants.

SUMMONS with VERIFIED FIRST AMENDED COMPLAINT with EXHIBIT A through I.

Dated: Brooklyn, New Y d November ? ,2010

Christopher-Earl: Strunk, in esse plaintiff 593 Vanderbilt Avenue #281, Brooklyn, New York 11238.

(845) 901-6767 E-mail: chri@,strunk.ws


Christopher Ead Stnmk, Index No.: 29642 / 08

Plaintiff, AFmDAvrr OF SERVICE

-against-

David A. Paterscm et al.

Defendants.


COUNTY OF KINGS )I I

Accordingly, d~ m rd 1 & /ft8&frbeing duly sworn, depose and say under penalty of

a. Am over 18 years of age and not a party to this action. b. My place of business is located at 593 Vanderbilt Avenue Brooklyn New York 1 1238. c. On November 12,2010 , Christopher Strunk gave me two copies each of the NOTICE OF

MOTION, AJWIDAVIT m SUPPORT OF THE MOTION FOR PERMISSION TO FILE A FIRST AMENDED COMPLAINT aflkmed 1111 1/10, a copy of the AMENDED SUMMONS with VERIFIED FLRST AMENDED COMPLAINT with EXHIBIT A through I with Verification Affidavit affirmed oil 1/10, and with a blank Affidavit of Service form for service by the United States Postal Service.

d. On November 12,2010,I placed a complete set into a propedy addressed envelope with proper postage and deposited each with the USPS for mail delivery upon:

STATE OF NEW YORK OFFICE OF THE ATI'ORNEY GENERAL Kimberly A. Galvin, Esq. ANDREW M. CUOMO New York State Board of Elections BY: JOEL GRABER, ESQ. 40 Steuben St. Assistant Attorney General Albany , NY , 12207 120 BROADWAY - NEW Y O W New York 10271

-

Sworn to before me This ,& day of November 2010

EDDIE HAMPTON~R. Notary Public, State of New York

NO. 01 HA6044027 Qualified in Kings County

Commission Expires June 26,2019

Print Page 1 of 1

From: [email protected] ( c h ~ s b u n k . w s ) I- - To: [email protected]; [email protected]; Date: Thy November 1 1,2010 1 1:42:57 PM Cc: [email protected]; Subject: Notice of Motion for leave to file the First Amended Complaint NYS Kings 29642-08

The hard copy is being mailed Friday Morning. This is a courtesy PDF copy. The submission is going to motion parts by noon tomorrow.

PLEASE TAKE NOTICE that upon the annexed affidavit of Christopher-Earl : Strunk in esse, affirmed

November 11,2010 with exhibit annexed, will move for leave to file and serve the Amended Summons

and Verified First Amended Complaint before the Honorable David I. Schmidt at the Part 47 Courtroom

in the Courthouse st 360 Adams Street Brooklyn New York 10007, on 30& day of November 2010, at

9:30 O'clock before Noon or at a time designated by the court or as soon thereafter as counsel can be

heard.

Dated: November -11th ,2010 Brooklyn New York

593 ~anderbilt Avenue #281 Brooklyn, New York 11238

Email: [email protected] Ph. 845-901-6767

STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ANJIREW M. CUOMO BY: JOEL GRABER, ESQ. Assistant Attorney General 120 BROADWAY - NEW YORK, New York 10271

Kimberly A. Galvin, Esq. New York State.Board of Elections 40 Steuben St. Albany , NY , 12207


SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 29642 108

Christopher Earl Strunk,

Plaintiff,

David A. Paterson (NYS Governor), Andrew.Cuomo (NYS Attorney General), Thomas P. DiNapoli (NYS Comptroller), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jef ies (NYS Assemblyman for the 576 AD), Christine Quinn (NYC Speaker of the Council), William Thompson QVYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does

Defendants.

NOTICE OF MOTION

AFFIDAVIT IN SUPPORT OF THE MOTION FOR PERMISSION TO FILE A

F'IR!3T AMENDED COMPLAINT

Copy of the AMENDED SUMMONS with

VERIFIED FIRST AMENDED COMPLAINT with EXHIBIT A through I.

Affidavit of Service

n Dated: Brooklyn, New York

~ovember & 2010 Christopher-~arl: Strud, in esse plaintiff' 593 Vanderbilt Avenue #281, Brooklyn, New York 11238.

(845) 901-6767 E-mail: [email protected]


Motion for Leave to Reargue the NOM for Leave to File the First

Amended Summons and Verified Amended Complaint

Exhibit B

“ORDER with Notice of Entry ”

SUPREME COURT OF THE STATE OF NEW YORK KINGS COUNTY IAS PART 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X

CHRISTOPHER EARL STRUNK,

* '

Plaintiff,

-against - DAVID PATERSON, et al.,

. , . . Defendants.

'Index No. 29642/08

(Hon. David I. Schmidt)

ORDER WITH NOTICE OF ENTRY5 I .

- PLEASE TAKE NOTICE that the within is a true copy of an

order of the Supreme Court of the State of New York, Kings

County (Hon'. David I. Schmidt), duly filed and entered in the

office of the Clerk of Kings County on January 13, 2011.

Dated: New York, New York February 1, 2011 -

ERIC T. SCHNEIDERMAN Attorney General of the State of New York / -

JOEL GRABER Assistant Attorney General Special Litigation Counsel Litigation Bureau 120 .Broadway - 24th l lo or New York, NY 10271-0332 (212) 416-,8645

1. ' CLERK OF .THE COURT

I

i . Christopher Earl.. Strunk i Plaintiff Pro Se I i .593 Vanderbilt Avenue, #281

Brooklyn, NY 11238 I

E N T E R .

&~*",g& -*-- . a o H ---- - - 2 .. KINGS COUiii'Y CLERK

FILED t,, A... '*

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS---------------------------------------------------------------------------xChristopher Earl Strunk, Index No.: 29642/08

Plaintiff,AFFIDAVIT OF SERVICE

-against-

David A. Paterson et al.Defendants.

-------------------------------------------------------------------------xSTATE OF NEW YORK )

) ss.COUNTY OF ULSTER )

Accordingly, I, H. William Van Allen, being duly sworn, depose and say under penalty of perjury:

a. Am over 18 years of age and not a party to this action.

b. My place of business is located at 351 North Road Hurley New York 12443.

c. On February 20,2011, Christopher Strunk gave me four (4) copies each of the NOTICE OFMOTION FOR LEAVE TO REARGUE THE REQUEST FOR LEAVE TO FILE THEFIRST AMENDED SUMMONS AND COMPLAINT with affidavit in support affirmed02118/11, with two exhibits annexed thereto for service by USPS mail upon parties to the action.

d. On Tuesday, February 22,2011, Affirmant placed a complete set in a properly addressedenvelope with proper postage for service by the USPS with confirmation of delivery upon:

Kimberly A. Galvin, Esq. for theNew York State Board of Elections40 Steuben Street. Albany ,NY, 12207

Andrew Cuomo, NYS GovernorThe CapitolAlbany, New York 12224

RUTH NOEMI COLON Acting Secretary ofState for the NYS Department of StateOne Commerce Plaza99 Washington Ave, Albany, NY 12231-0001

ERIC SCHNEIDERMANNYS Office of ATTORNEY GENERALby: JOEL GRABER, ESQ. AAGAssistant Attorney General120 BROADWAY-New York, New York 10271

/J./c:;:/~

Sworn to before meThis day of February 2011

(~\t:Li\u~:C~!ctNq1ary Public (J/ \

; \---j

JUDiTH S. MAYHONNOTARY PUBLIC, STAJfOF NEW YORK

NO.01MA6095585QUALIFIED IN ULSTER COUNTY .,

COMMISSION EXPIRES JULY 14, 204-

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 29642 / 08 ---------------------------------------------------------------------------x Christopher Earl Strunk, (Hon. Justice David I. Schmidt) Plaintiff, -against- David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli (NYS Comptroller), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does Defendants. -------------------------------------------------------------------------x

• Notice of Motion for Leave to Reargue the NOM for Leave to File FAC

• Affidavit in Support of Motion for Leave to Reargue the NOM for Leave to

File FAC

• Exhibit A: NOM for leave to File the First Amended Complaint

• Exhibit B: ORDER with Notice of Entry

• Affidavit of Service

Dated: February _______, 2011 Brooklyn New York _______________________________ Christopher-Earl; Strunk in esse Plaintiff 593 Vanderbilt Avenue – 281 Brooklyn, New York 11238 (845) 901-6767; [email protected]




Exhibit 2

“Plaintiff Motion for Leave to file Proof of Service NUNC PRO TUNC with sub-exhibits A through E”

-. -- .- Strunk v Pat .29642-08

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 29642 108

.. Christopher Earl Strunk, (Hon. Justice David I. Schmidt)

Plaintiff, -against-

NOTICE OF MOTION David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attornev General). Thomas P. DiNa~oli FOR LEAVE TO FILE

OF SERVICE

.--------Cq .-

Candidate Presidential Electors as ;class, in their Ca acity and individually; The New York State Bo of b lections and John Does and Jane Does

PLEASE TAKE NOTICE that upon the annexeckdfidavit ~ M ~ h e r - ~ a r l : St~unk in esse, /

affirmed February 18,201 1 with proof of service annexed, will move for leave to file the . . .

Original Proof of Service upon Defehdants NYS Board of Elections, NYS Secretary of State and _I

NYS Attorney General nunc pro tunc before the Honorable David I. Schmidt at F " courtr-the ~ o u r t h o u s ~ a t 360 Adams Street Brooklyn New York 1 1201, i n 1 lL day of !

b 9:30 O'clock before Noon or at a time designated by the court or as soon

2 thereafter as counsel can be heard.

593 Vanderbilt Avenue #28 1 '

Brooklyn, New York 11238 Ernail: chris @ strunk.ws Ph. 845-90 1-6767

Andrew Cuomo, NYS Governor Kimberly A. Galvin, Esq. for the The Capitol New York State Board of Elections Albany, New York 12224 40 Steuben Street. Albany , NY ,12207

ERIC SCHNEIDERMAN RUTH NO EM^ C O L ~ N Acting Secretary of NYS Office of ATTORNEY GENERAL State for the NYS Department of State by: JOEL GRABER, ESQ. AAG One Commerce Plaza Assistant Attorney General 99 Washington Ave, Albany, NY 12231-0001 120 BROADWAY -

New York, New York 10271

Notice of Motion


Affidavit in support of leave to file Proof of Service Page 1 of 4

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 29642 / 08 ---------------------------------------------------------------------------x Christopher Earl Strunk, Plaintiff, -against- AFFIDAVIT IN SUPPORT OF David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli OF THE MOTION FOR LEAVE (NYS Comptroller), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), TO FILE THE PROOF OF Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), SERVICE NUNC PRO TUNC William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does Defendants. -------------------------------------------------------------------------x STATE OF NEW YORK ) ) ss. COUNTY OF KINGS ) Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under

penalty of perjury:




2. This affirmation supports the Notice of Motion by CPLR §2214 with §2004 for

leave under CPLR §2005 to file Proof of Service with the Clerk of the Court nunc pro

tunc, for the Summons and Complaint with Index 29642-08 filed on or about October

29, 2008, in addition to Express Mail ordered with CPLR §304, duly served December 1,

2008 upon NYS Board of Elections, Attorney General Andrew Cuomo, and Secretary of

State Lorraine A. Cortez-Vazquez, complying with CPLR §307, §308 and related law;

and that there is no previous request for this relief, nor is there another to benefit.



3. On January 11, 2011, at the hearing of the Notice of Motion for leave to file a

first amended complaint in the case with index 29642-08, argued that Plaintiff is in

good faith with the requirements of the CPLR rules for service, based upon the

information and belief that the original proof of service had been filed during December

2008 by the third party server H, William Van Allen who had confirmed having served

specific Defendants to Plaintiff on December 2, 2008 by email (see Exhibit A).

4. Plaintiff’s prior experience with a third party server is that such due process

requirement is to be completed by that service provider accordingly with an affidavit of

service is by mail or in person delivery upon the clerk of the court; however in this case

service was accomplished but the proof of service was not filed within ten days from

service as required was not done.

5. On January 11, 2011 after the hearing Affirmant went to the court clerk to

discover if the third party server H, William Van Allen had filed the Proof of Service

with the clerk;

6. That Affirmant did find the double captioned proof of service ordered with CPLR

§304 done by Plaintiff Express Mail (see Exhibit B) is marked for 29642-08 as required

notice to Defendants as a related action, was there filed in the folder for 29641-08, and

Affirmant requested the records clerk create a copy (see Exhibit C); but that no Proof of

Service as with CPLR §307 and §308 by the third party server H, William Van Allen

was discovered for 29642-08 in the 29641-08 folder.

7. That on January 11, 2011, Affirmant contacted H, William Van Allen who had in

fact not produced the affidavit within tens days of the December 1, 2008 service as an

honest mistake due to Plaintiff failure to follow-up; and that on January 13, 2011



H. William Van Allen affirmed the Affidavit for Proof of Service done on December 1,

2008 upon NYS Board of Elections, NYS Attorney General Andrew Cuomo, and NYS

Secretary of State and attached the December 2, 2008 email confirmation thereto (see

Exhibit D).

8. That Plaintiff contends that the 29641-08 Article 78 Petition, with time of the

essence, was absolutely related to further action in the Complaint with Summons

29642-08 and relied directly upon the Original Disposition of Law in the 29642-08 that

would be created by the court in the matter of first impression by the 29641-08 Petition

(see Exhibit E) that determines the degree that Breach of Public Officers fiduciary duty

alleged in the Complaint if Criminal Sedition and Treason is involved in the civil

matter, thereby requires proper simultaneous due notice to those Defendants of

criminal allegations requiring dual notice to Defendants as well as the NYS Attorney

General, since Plaintiff has no authority to proceed in any criminal matters,

9. But Plaintiff contends, there is a responsibility to provide due notice to those in

authority to properly proceed in the civil matter to seek remedy for injury and damages,

and therefore, accordingly Petitioner / Plaintiff had to simultaneously serve both the

Petition of 29641-08 and the Summons with the Complaint 29642-08 on Respondents /

Defendants in order to proceed thereafter or else create a hybrid petition - complaint

that is inadvisable generally.

10. Plaintiff contends that proper service was accomplished on ALL Defendants as

shown by Exhibit C and that the follow-up personal service as under CPLR §307 and

§308 shown in Exhibit D is ancillary to the civil action 29642-08 that depend upon the

original disposition of first impression with the 29641-08 Petition.

Sbumk v Patersoa et al. NYS Supreme Court of Kings Index No. 29642-08

11. That DeSendant rights have not been infringed by recognition of the ancillary

peraonal proof aff d c e filing nunc pro tunc, and depended upon supplemental more

dejinite statememt to be made in the civil injury and damages that are directly subject

to the to the notiice given simultaneous with the Article 78 petition as the injury to

Plaintiff r e m h ongoing by the effects of the .fraud alleged by the Defendants

malfeasance in kihe 2008 Election cycle for President and Vice President.

12. That Affhnant knows the foregoing content8 apply to me and my civil injury

with damages a ~ a s a State quegtion involving the questionable seating of the New York

Electoral Collegge after the que~tionable ballot access afforded by arbitrary and

capricious actiom af the NYS Board of Elections et al. for the various Party Presidential

Cmdidate S l a b at the General Election of Nwember 4,2008; the same is true to my

own knawledge;,cexcept as to the matters therein stated to be alleged on information

and belief, and aes to those matters I believe it to be true. The grounds of my beliefs as

to all matters ncdt stated upon intonnation and belief are as follows: third parties, books

and records, and lpersanal knowledge.

Wherefire Wlaintiff wishes an order of the Court gran-

(1) that Defemdants were properly sewed in individual and official capaci*

(2) Plaintiff lkave to me the Roof of Service with the clerk of the court nunc pro tunc;

Sworn *pP"f0m-420, 1 This 1 day of IFe

fl I

ARNOLD I. TlSHFlELD Notary Public State Of New York


Certified In Kings County Commission Expires March 30, 2 0 g

- - . - - - L I - " --.<* --. \ MTkbit in support of leave to file Proof of Service Page 4 of 4 , - ---'


Motion for Leave to file Proof of Service NUNC PRO TUNC

Exhibit A

“Plaintiff / Server ‘E-Mail’ of December 2, 2008”

From: Bill Van Allen ([email protected])To: [email protected]; [email protected]; Date: Thu, December 4, 2008 9:04:02 AM Cc: Subject: RE: Personal Service of the NYSSC 29641-08 Art 78 Petition and NYSSC 29642-08 Summons and Complaint Chris: The NYS-SOS lawyer accepting service of your papers was Gary Trechel, Associate Atty, NYS DoS

From: Bill Van Allen [mailto: [email protected] ] Sent: Tuesday, December 02, 2008 8:13 PM To: ' [email protected] ' Subject: RE: Personal Service of the NYSSC 29641-08 Art 78 Petition and NYSSC 29642-08 Summons and Complaint Under penalty of perjury, I make the following declaration of proof of personal service. On Dec 1 in Albany NY I service one copy of each Strunk state supreme court case – one Article 78 petition and Notice of Petition as well as one copy of Summons and Complaint as follows: on staff counsel at 3PM for Lorraine A. Cortes-Vazquez, Secretary of State New York Department ... Department of State One Commerce Plaza , 99 Washington Avenue Albany , NY 12231-0001 Phone: (518) 474-4752 Fax: (518) 474-4597 For Andrew Cuomo NYS Attorney General at 3:10 PM on William Collins Legal Record Supervisor NYS-OAG Office of the Attorney General The Capitol Albany , NY 12224-0341 For NYS Board of Elections 44 Steuben Street, at 3:20 PM on Paul Collins, staff attorney for the state BOE Kimberly A. Galvin, Esq. Special Counsel for The New York State Board of Elections, Deputy Director Todd D. Valentine , Deputy Director Stanley Zalen, NYS BOARD OF ELECTIONS 40 STEUBEN STREET ALBANY, NY 12207-2108 /s/ H. William Van Allen 351 North Road Hurley, NY 12443

Page 1 of 2Print

1/5/2011http://us.mg2.mail.yahoo.com/dc/launch?.gx=1&.rand=bda968rm2bee5

From: Chris topher Strunk [mailto: [email protected] ] Sent: Tuesday, December 02, 2008 8:10 PM To: BILLVANALLEN Subject: Personal Service of the NYSSC 29641-08 Art 78 Petition and NYSSC 29642-08 Summons and Complaint

As per your efforst on December 1, 2008 please confirm by retunring this email for you effort to Personally Serve the NYS Secretary of State, NYS BOE, and NYSAG Andrew Cuomo with a package each of: the Article 78 action 29641-08 Notice of Peition and Verified Petition with exhibit A and The Summons and Verified Complaint in NYSSC County of Kings 29642-08. Chris Strunk

Page 2 of 2Print

1/5/2011http://us.mg2.mail.yahoo.com/dc/launch?.gx=1&.rand=bda968rm2bee5



Exhibit B

“ORDER with CPLR §304 done by Plaintiff Express Mail”

sP&#if &/6''&4';-

At IAS Part /' of tbe Supreme Court of the State of New York Held in and for the County of Kings, at the courthouse at 360 Adsms Street on the 3 3 '' Day of October 2008

PRESENT: ~ 0 " . 3 ~ 1 d S A M / & Justice of the Supreme Court

Christopher Earl Strunk, Index No.: 27~; 4 - 0&) Petitioner,

-against- ORDER TO SHOW CAUSE WIT11 TRO

David A. Paterson (NYS Governor), Andrew Cuomo IN THE CPLR ARTICLE 78 (NYS Attorney General), Dean Skelos (President pro CIVIL ACTION Tempore of the NYS Senate and in line to succeed the governor),Thomas P. QiNapoli (NYS Comptroller), and Lorraine A. Cortez-Vazquez (Secretary of the State of New York),

Respondents.

Upon reading and filing the affidavit of Christopher Earl Strunk affirmed to on the 28Ih

day of October 2008, and upon the exhibits, verified petition and verified complaint attached to

the affidavit, and memorandum of law under jurisdiction of the CPLR Article 78 in conjunction

with the New York State Election Law Article 5 16- 100 in which Election Law Article 12 applies

from before the November 4,2008 General Election thru December 25,2008 for emergency

equity relief, as a matter of state of New York Constitutional Law.

-jpie,@ P / ! C / , C ~ -

Let the respondents or their attorney show cause at the IAS Part / , Room

d+'l , of this Court, to be held at the Courthouse, 360 Adams Street, Brooklyn, New York, on

9 the 3 day of hl 0 V - ,2008. at q.":Jo o'clock in the f i<r noon or as soon

as counsel may be heard why an Order should not be made affecting the Electoral College,

M N G ~ COUNW CLERK FEEPDS4680

'4.~' C . . ..- .-

a. of Governoi Paterson to resign as elector and stay operation of EL $12-102 until

directed otherwise by the Court, as he is now in conflict of interest with the State;

b. of the Comptroller DiNapoli to resign as elector and stay operation of EL $12- 1 10

until directed otherwise by the Court, as he is in conflict of interest with the State;

c. of the Attorney General Cuomo to resign as elector to be able to act in his State

constitutional responsibility and that he is now in conflict with State interest and is

stayed from krther involvement in this matter until directed otherwise by the Court,.

d. of the President pro tempore, Senator Skelos, to resign as elector, and who must carry

out the duties of the Lieutenant Governor vacancy until after the election pending the

January 1,2009 oath of a new Lieutenant Governor;

e. of the Secretary of State to stay operation of EL 5 12- 102 and EL 12-1 10 until

directed otherwise by the Court,

f. the New York State Board of Elections to strike from the ballot any winner-take-all

candidate elector slate with one or more public officers therein;

g. And for further and different relief as the Court may deem necessary herein.

As it is alleged that no public officer shall hold more than one public officer position for

compensation under the State Constitution; and that were an Electoral College candidate to be

elected at the November 4, 2008 General Election under Election Law Article 12 while already

being a public officer for compensation, would thereafter also by the operation of EL Article 12

participate as the authority with responsibility to both certify and or be a beneficiary of public

H policy and or funds.

\ Pending the hearing of this motion it is ORDERED that Respo&are to notify the

Assembly and

vacancies in the various presidential

elector candidate slate's certified by September 4, 2008 to appear on the Novemb J General Election ballot statewide for elect' g a winner-take-all slate that may e disqualified by 4 P this Court; and fbrther,

e affecting the Electoral College, C3 u &#(6~'-7- - Sufficient cause appearing therefore, let p e m d - s m i c e of this order, and the papers <

upon which this order is granted, upon the respondents David A. Paterson, Andrew Cuomo,

Dean Skelos, Thomas P. DiNapoli, Lorraine A. Cortez-Vazquez, and public officers: Sheldon

Silver, Malcom Smith, Hakeem Jeffries, Christine Quinn, William Thompson, Jim Tedisco, r d 4fld 4%1"/4'~~2& ,&i-

Dean Skelos, and of the New York State Board of Elections'bn or before the 3 day of

October, 2008 be deemed good and sufficient. An affidavit or other proof of service shall be

presented to this Court on the return date directed in the second paragraph of this order.



Exhibit C

“double captioned proof of service ordered with CPLR §304 done by Plaintiff Express Mail marked for 29642-08”


X ~hristopher Earl Strunk, Index No.: 29641 / 08

Petitioner, -against- .

AFFIDAVIT OF SERVICE David A. Paterson (NYS Governor), Andrew Cuomo

Y S Attorney General), Dean Skelos (President ro B empore of the NYS Senate and in line to succee the Governor), Thomas P. D~Napoli (NYS Comptroller), and Lorraine A. Cortez-Vazquez (Secretary of the State of New York),

Respondents.

SUPREME COURT OF THE STATE OF NEW YORK ......

COUNTY OF KINGS p.., .'\

Christopher Earl Strunk, i Index No.: 29642 1 08

Plaintiff, AFFIDAVIT OF SERVICE

David A. Paterson (NYS Governor , Andrew Cuomo S Attorney General) Thomas J . DtXa oli

KS Compholler) sheidon Silver PS gpeakcr of the Assembl ), ~ a l c o m Smith Hakeern ~ef&es (NYS Assemb yw yman Senator)9 for the 57' AD), Christine Quinn (NYC S eaker of the Council), William Thom son (NY Comptroller),

Tedisco (& e S Assemblyman), Dean Skelos

President pro tempore of the NYS Senate) in their fficial Ca acities and individually, the Democrat

Candidate ! residential Electors as a class, in their official Ca acity and individually; The New York State Board fr of lect~ons and John Does and Jane Does

Defendants.


COUNTY OF KINGS )

Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under penalty of perjury:

a. That pursuant to the order issued October 30,2008 by the Honorable Justice David I.

Schmidt for expedited service of the Order to Show cause and associated supporting papers in the

referenced cases listed in the caption above, affirmant was ordered to let o v d g h t service of this

order, and the papers upon which this order is granted, upon David A. Paterson, Andrew Cuomo,

Dean Skelos, Thomas P. DiNapoli, Lorraine A. Cortez-Vazquez, and public officers: Sheldon

Silver, Malcom Smith, Hakeem Jeffiies, Christine Quim, William Thompson, Jim Tedisco, Dean

Skelos, and of the New York State Board of Elections.

b. That on October 30,2008, I assembled and placed a true and correct conformed copy of:

(i) the Order to Show Cause with supporting papers issued October 30,2008; (ii) the Notice of

Petition and Verified Petition af3kmed October 27,2008; (iii) the Summons and Verified Complaint

with index 29642-08 afhned 10127108; (iv) the Request for Judicial intervention for each of Index

29641-08 and Index 29642-08 purchased 10129108; to each of the following individuals:

1. David A. Paterson (NYS Governor), The Capitol Albany New York 12224 2. Andrew Cuomo (NYS Attorney General), The Capitol Albany New York 12224 3. Thomas P. DiNapoli (NYS Comptroller), 110 State Street Albany NY 12236 4. Lorraine A. Cortez-Vazquez (Secretary of the State of New York), One Commerce Plaza 99

Washington Avenue Albany NY 1223 1-0001 5. Sheldon Silver (NYS Speaker of the Assembly), The Capitol Albany New York 12224 6. Malcom Smith (NYS Senator), The Capitol Albany New York 12224 7. Hakeem JefKies (NYS Assemblyman for the 57h AD), The Capitol Albany New York 12224 8. Christine Quim (NYC Speaker of the Council), 440 West 24" Street, Apt 2A, New York NY

1001 1 9. Urilliarn Thompson (NYC Comptroller), One Centre Street New York NY 10007 9 10. Jim Tedisco (NYS Assemblyman), 1710 Guilderland Avenue Schenectady NY 12306 P./ 2 D / Y m&(( 1 1. Dean Skelos (President pro tempore of the NYS Senate) The Capital Room 501 Albany New

York 12224 12. The New York State Board of Elections, 40 Steuben Street Albany, New York 12207-2109 i

wk?- 1 with a complete package to each deposited with the United States Postal Service in a Express Mail AMb I

dd I envelope with properly addressed with postage to be delivered by USPS Emergency Mail Service. lu dtC

9 /

Sworn to before me This,& day of November 2008

MAITHEWS HUGGINS Notary Public, State of New YO&

No. 01HU6103403 Qualified in Kings County .

Comrnisrioa Expires Dec. 29,201 1

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Customer Copy


X Christopher Earl Strunk, Index No.: 29641 108

Petitioner, -against-

David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Dean Skelos (President pro tempore of the NYS Senate and in line to succeed the Governor), Thomas P. DiNapoli (NYS Comptroller), and Lorraine A. Cortez-Vazquez (Secretary of the State of New York),

Respondents. ---- --me----- X

SUPREME COURT OF THE STATE OF NEW YORK comm OF KINGS .- Christopher Earl Strunk, Index No.: 29642 108

Plaintiff,

David A. Paterson (NYS Governor , Andrew Cuomo S Attorney General) Thomas J . DtNa oli

F S Comptroller), ~heldon Silver S gpeaker of the Assembl ), Malwin Smith fNY g n a t o r ) , Hakeem lefXles (NYS Assemb yman for the 57& AD), Christine Quinn (NYC S eaker of the Council), William Thorn son (NY8 Comptroller),

''disco & S Assemblyman), Dean Skelos President pro tempore of the NYS Senate) in their ficial Ca acities and individually, the Democrat 6 Candidate residential Electors as a class, in their official

Ca acity and individually; The New York State Board of !$ lcctions and John Does and Jane Does

Defendants.

AFFIDAVIT OF SERVICE

COPIES OF USPS EXPRESS MAIL RECEIPTS A

Dated: Novern ber

n ! ,' \, 593 Vanderbilt Avenue #28 1,

s7:uIHIT SZAON8002_\ [ ) Brooklyn, New York 1 1238.



Exhibit D

“January 13, 2011 Affidavit of H. William Van Allen affirmed for Proof of Service done on December 1, 2008”

SUPTtEME COURT OF TWE STATE OF NEW YORK. COUNTY OF KINGS --------------------------.-- X

Christopher Earl Strunk, Index No.: 29642 / 08

Plain tiff, AFFIDAVIT OF SERVICE

-against-

David A. Paterson et al.

Defendants.


COUNTY OF ULSTER )


a. Am over 1 8 years of age and not a party to this action. b. My place of business is located at 35 E North Road Hzlrley New York 12443. c. On November 30,2008, Christopher Strunk gave me instructions to personally serve three (3)

copies of Summons and Verified Complaint affirmed 10128108 with exhibits annexed for the case Strunk v Paterson et aI. W S County of Kings Supreme Court with index 29642-08, for personal service upon defendants Andrew Cuomo, Lorraine A. Cortez-Vazquez, and NYS Board of Elections.

d. On Monday, December 1,2008, J personally served a complete set upon:

1. At 3: 10 PM. - I personally served Andrew Cuomo at his place of business The Capitol Albany New York 12224 received by Wiffiam Collins Legal Record Supervisor NYS-OAG who accepted service.

2. At 3:00 PM - I personally served Lomine A. Cortez-Vazquez at her place of business at One Commerce Plaza 99 Washington Avenue Albany NY 1223 1-000 1 received by Gary Trechel, Associate Am, NYS DoS.

3. At 3:20 PM - I personally served The New York State Board of Elections, c/o of Kimberly A. Galvin, Esq. at 40 Steuben Street Albany, New York 12207-21 09 received by Paul Collins staff attorney for the State BQE.

e. On Tuesday, December 4,2008, Affirmant notified pl

Sworn to before me day of January 201 1

. . ,.k. , .--. ,>.. >,LL ., , : : i ! ,-, ,., - ,,. . - - ,'. L-. -

, , Notary Public :

JUbfTH S. MAYHOH NOTARY PUBLIC, STATE OF FIN YmK

NO 01M60S5585 QUALIFIED IN ULSTER C O U m a

WMMISSION EXPIRES JULY 14,20-

Print Page 1 of 2

From: Bill Van Allen @[email protected]) To: [email protected]; Date: Tue, December 2,2008 8:12:34 PM Cc : Subject: RE: Personal Service of the WSSC 29641-08 Art 78 Petition and NYSSC 29642-08 Summons and Complaint

Under penalty of pe jury, I make the following declaration of proof of personal sewice.

On Dec 1 in Albany NY 1 setvice one copy of each Strunk state supreme court case - one Article 78 petition and Notice of Petition as wet1 as one copy of Summons and Complaint as follows:

on staff counsel at 3PM for Lorraine A. Codes-Vazauez, Secrehrv of State New York Department ... Department of State One Commerce Plaza , 99 Washington Avenue Albany , NY 1 2231 -0001 Phone: (51 8) 474-4752 Fax: (5 1 8) 474-4597

For Andrew Cuomo NYS Attorney General at 3:10 PM on William Collins Legal Rcord Supervisor NYS-OAG

m c e of the Attorney General The Capitol Albany , NY 12224-0341

For NYS Board of Elections 44 Steuben Street, at 320 PM on Paul Collins, staff attorney for the state BOE

Kimberly A. Galvin, Esq. Special Counsel for The New York State Board of Elections, Deputy Director Todd D. Valentine, Deputy Director Stanley Zalen, NYS BOARD OF ELECTIONS 40 STEUBEN STREET

351 North Road Hurley, NY 12443

From: Chris topher Strunk [ r n a i ~ ~ n c k @ y a h o o . c o m ] Sent: Tuesday, December 02,2008 8:10 PM To: BILLVANAUE N Subjm Personal Senrice of the N Y S X 2964148 Art 78 Petitjon and NYSSC 2964248 Summons and Gomplaint

As per your efforst on December 1,2008 please GO- by relamkg this email for you effort to

Print Page 2 of 2

Personally Serve the NYS Secretary of State, NYS BOE, and NYSAG Andrew Cuomo with a package each of:

the Article 78 action 29641-08 Notice of Peition and Verified Petition with exhibit A

and

The Summons and Verified Complaint in NYSSC County of Kings 29642-08.

Chris Strunk



Exhibit E

“Decision and ORDER of 29641-08 Article 78 Petition, Original Disposition of Law in the matter of first impression as to Public Offices for payment”

DEC-4-2008 05340P FR0N:HON GERRLD HELD 7186437845

At an IAS Term, Special Election Part of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, at Civic Center, Brooklyn, New York, on the 4* day of December, 2008.

P R E S E N T :

WON. DAVID I. SCHMIDT

Justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -X

Index No. 29641108 Petitioner,

DAVID A. PATERSON (NYS GOVERNOR), ANDREW CUOMO O\JYS ATTORNEY ~ ~ ) , DEAN SKELOS (PRESIDENT PRO TEMPORE OF THE NYS SENATE AND IN LINE TO SUCCEED THE GOVERNOR), THOMAS P. DINAPOLI O\JYS COMPTROLLER), AND LORRAINE A. CORTEZ-VAZQUEZ (SECRETARY OF THE STATE OF NEW YORK),

Respondents.

s: Pa~ers Numbered

Notice of MotionIOrder to Show Cause1 PetitionJCross Motion and Affidavits (mrmations) Annexed 1 - 3

Opposing Affidavits (Affirmations)

Reply Affidavits (Affirmations)

Affidavit (Affirmation)

Other Papers

DEC-4-2008 05:40P Ff?UM:HON GERRLD HELD 7186437845

Upon the foregoing papers, pro se petitioner Christopher Earl Strunk (petitioner)

moves, by order to show cause, dated October 30, 2008, for an order, pursuant to CPLR

Article 78, prohibiting respondents New York State Governor David A. Paterson, New York

State Attorney General Andrew Cuomo, New York State Senate President Pro Tempore

Dean Skelos andNew York State Comptroller Thomas P. DiNapoli from serving as electors

of president and vice president of the United States' pursuant to Election Law 4 12- 100.

Background

Petitioner has annexed a verified petition dated October 27,2008 (bearing index

number 29641108) and verified complaint dated October 27,2008 (bearing index number

29642108) to the order to show cause herein. The gravamen of the allegations set forth in

both the petition and complaint challenge the 2008 New York Presidential Electoral

College. In this regard, petitioner specifically alleges that the respondents New York

State Governor David A. Paterson, New York State Attorney General Andrew Cuomo,

New York State Comptroller Thomas P. DiNapoli and New York State Senate President

Pro Tempore Dean Skelos, who were among the designated electors of President and

Vice President2 chosen in the general election on November 4,2008, violate the New

I Petitioner acknowledges in paragraph 4 of his verified petition that respondent New York State Secretary of State Lorraine A. Cortez-Vazquez is "not an elector candidate . . ."

The offices of President and Vice President of the United States, under our constitutional form of government, are chosen by electors selected by the voters in each State (U.S. Const., art. 11, 5 1; see N.Y. Const., art. II, 5 9). A review of the Election Law reflects this indirect system of voting for President and Vice President, wherein the provisions consistently refer to the electors of president and vice president as the offices being chosen by the electorate of this State (Election Law 6 6-102; see Maffer ofMahoney v Lomenzo, 21 AD2d 971 [1964], a m 1 4 NY2d 952 [ I 9641).

DEC-4-2008 05:41P FR0M:HON CERRLD HELD 7186437845

York State Constitution by simultaneously holding two public officer positions and

receiving compensation for both. It is petitioner's contention that the New York State

Constitution bars the designated respondents fiom holding more than one public officer

position for which he or she receives compensation. Additionally, petitioner argues that

respondents, as duly elected public officials, all have a direct and substantive conflict of

interest in also serving as electors in that "each are required to certify and or participate in

their corporate duties in defending themselves and or approving their certification for

employment as an elector and certification for payment of compensation and expenses"

(Strunk Affidavit at 3,7 7). The October 30,2008 order to show cause therefore seeks a

temporary restraining order and a preliminary injunction directing those respondents with

more than one public officer position to resign as an elector.

Discussion

Petitioner raises the issue regarding an alleged conflict of interest (incompatibility)

in respondents' simultaneous holding of two public offices. However, one person may

hold two offices simultaneously unless (a) they are incompatible or (b) a constitutional or

statutory prohibition exists against dual office holding.

It is a well-settled common law rule that a public officer cannot hold two

incompatible offices simultaneously (Matter ofsmith v Dillon, 267 App.Div. 39,43

[19431). This rule seeks to prevent ofices of public trust fiom accumulating in a single

individual. Two ofices are incompatible if one is subordinate to the other or there is an

DEC-4-2008 05:41P FR0H:HON GERQLD HELD

inherent inconsistency between the two offices (see People ex rel. Ryan v Green, 58 NY

295,304-05 [1874]; OfMalley v Macejka, 44 NY2d 530,535 [19781; Matter of Dupras v

County of Clinton, 213 AD2d 952,953 [1995]; Matter of Dykeman v S y m o d , 54 AD2d

159, 162 [1976]; Fauci v Lee, 38 Misc.2d 564,567 [1963], affd. 19 ADZd 777 [1963]).

Incompatibility "has been said to exist when there is a built-in right of the holder of one

position to interfere with that of the other . . ." (OfMalley, 44 NY2d at 535). Where one

person holds both such posts then "the design that one act as a check on the other would

be frustrated" (id.).

Here, the court has not identified any per se constitutional or statutory prohibition

on an individual simultaneously serving as a public officer while also serving as an

elector of president and vice president. As an initial matter, the court notes that electors

of president and vice president are not classified as "public officers" under New York's

Public Officers Law. Section 2 of the Public Officers Law classifies public officers as

either "state officers" or "local oficers." However local officers include just those

chosen "by the electors of a portion only of the state . . ." thereby making such category

inapplicable herein.

Under the portion of the provision defining "state officer," electors of president

and vice president are expressly excluded from such definition and therefore cannot be

deemed a "public officer" under the statute. Section 2 provides, in pertinent part, that:

DEC-4-2008 05:42P FROM:HON GERALD HELD

"The term 'state officer' includes every officer for whom all the electors of the state are entitled to vote, members of the legislature, justices of the supreme court, regents of the university, and every officer, appointed by one or more state officers, or by the legislature, and authorized to exercise his official functions throughout the entire state, or without limitation to any political subdivision of the state, except United States senators, members of congress, and electors for president and vice-president of the United States" (emphasis added).

Electors of president and vice president are thus specifically excluded from the

state officer definition set forth in the Public Officcrs Law. Hence, the designated

respondents, contrary to petitioner's claims, violate no New York State Constitutional

provision by holding public officer positions while also serving as electors.

The court further concludes that the New York State Constitutional provisions

raised by petitioner do not prohibit the designated respondents fiom holding thcir

respective public offices as well as simultaneously serving as electors even assuming that

electors of president and vice president are public officer positions. In this regard, the

court finds that petitioner's reliance upon Article 111, $7 of the New York State

Constitution as barring the respondents fiom serving as public officers while also serving

as electors of president and vice president is without merit.

Article 111, 5 7, in pertinent part, provides that: "No member of the legislature

shall, during the time for which he or she was elected, receive any civil appointment from

the governor, the governor and the senate, the legislature or froin any city government, to

an ofice which shall have been created, or the emoluments whereof shall have been

DEC-4-2008 85:42P FRMI:HON GERFHD HELD

increased during such time" (emphasis added). Article 111, 8 7 further provides that

acceptance of a permissible appointment thereunder "shall vacate his or her seat in the

legislature" (emphasis added).

This constitutional provision expressly precludes a member of the legislature from

accepting certain appointed as opposed to elected positions. Election Law 4 12-100 ' makes it clear that presidential and vice presidential electors are candidates for office and

therefore elected to said position, not appointed. Consequently, New York State

Constitution Article 111, 6 7 is inapplicable hereinS4

Additionally, the court rejects petitioner's argument that Article XIII, 5 7 of the

Constitution bars respondent public offlcee fiom holding more than one public office for

' Election Law 4 12-100 specifically states as follows:

"At the general election in November preceding the time fixed by law of the United States for the choice of president and vice president of the United States, as many electors of president and vice president of the United States shall be elected, as this state shall be entitled to. Each vote cast for the candidates of any party or independent body for president and vice president of the Unitcd States and each vote cast for m y write-in candidates for such offices shall be deemed to be cast for the candidates for elector of such party or independent body or the candidates for elector named in the certificate of candidacy of such write-in candidates."

' The section remains equally inapplicable even considering the electors as appointed. Indeed, petitioner has failed to show that m y legislative member serving as an elector herein gained such position by receiving a "civil appointment fiom the governor, the governor and the senate, the legislature or from any city government . . ." In addition, petitioner has failed to show that the position of presidential and vice presidential elector constitutes, as specified in the section, "an office which shall have been created, or the emoluments whereof shall have been increased during [the time for which he or she was elected]." The constitutional section in all respects therefore has no application herein.

DEC-4-2008 85:42P FR0N:HON GERRLD HELD 7186437845

which he receives compensation. Article MII, 7, entitled "Compensation of officers,"

provides as follows:

Each of the state officers named in this constitution shall, during his or her continuance in office, receive a compensation, to be fixed by law, which shall not be increased or diminished during the term for which he or she shall have been elected or appointed; nor shall he or she receive to his or her use any fees or perquisites of office or other compensation.

This constitutional provision governing compensation for state officers and

legislative members prohibits an officer from receiving extra (increased) compensation

beyond his or her regular salary for performing their duties as said officer, and further

bars any decrease in salary during his or her current term of office. This provision does

not expressly forbid a public officer from receiving additional compensation attributable

to simultaneously holding another public office. Clearly, petitioner has failed to establish

that there is any constitutional prohibition against respondents holding their respective

public offices as well as simultaneously serving as electors of president and vice

president. Accordingly, it is

ORDERED that the order to show cause is denied, and the petition is hereby

dismissed.

The foregoing constitutes the decision and order of the court.

hp officejet 7130 printer/fax/scanner/copier

Fax-History Report for Carl Person 2 12-307-0247 Dec 04 2008 4:56pm

Last Transaction

Time Identification Duration Pages Result

Dec 4 4:5 1pm Received 71 8M37845 2 5 3 8 OK

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS--------------------------------------------------------------------------- xChristopherEarl Strunk, Index No.: 29642/08


-against-


------------------------------------------------------------------------- x

STATE OF NEW YORK )) ss.

COUNTY OF ULSTER )




c. On February 20, 2011, Christopher Strunk gave me four (4) copies each of the NOTICE OFMOTION FOR LEAVE TO FILE PROOF OF SERVICE NUNC PRO TUNC TOREARGUE THE REQUEST FOR LEAVE TO FILE THE FIRST AMENDEDSUMMONS AND COMPLAINT with affidavit in support affirmed 02118111, with fiveexhibits annexed thereto for service by USPS mail upon parties to the action.

d. On Tuesday, February 22, 2011, Affirmant placed a complete set in a properly addressedenvelope with proper postage for service by the USPS with confirmation of delivery upon:

Kimberly A. Galvin, Esq. for theNew York State Board of Elections40 Steuben Street. Albany , NY , 12207


RUTH NOEMI COLON Acting Secretary ofState for the NYS Department of StateOne Commerce Plaza99 Washington Ave, Albany, NY 12231-0001

ERIC SCHNEIDERMANNYS Office of ATTORNEY GENERALby: JOEL GRABER, ESQ. AAGAssistant Attorney General120 BROADWAY -New York, New York 10271

/),/ -"'

/. ·"'-71/ / / /

,./ ,.", -" ~I

/,.- (7~,: > 'A,'" (',/,~;'/' ..'r _-r~ /- 4:--i.

Sworn to before meThis day of February 2011

/ H.Wl1liifm Van Alleii"/

N !aryPublicJUDtTH S.MA¥HON

NOTARY PUBLIC.$TATEOfNEw YORKNO,01MA6095585

QUALIFIED IN ULSTER COUNTY i

COMMISSION EXPIRES JULY 14. 20_' _'1_

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 29642 / 08 ---------------------------------------------------------------------------x Christopher Earl Strunk, (Hon. Justice David I. Schmidt) Plaintiff, -against- David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli (NYS Comptroller), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does Defendants. -------------------------------------------------------------------------x • Notice of Motion for Leave to File Proof Of Service NUNC PRO TUNC

• Affidavit in Support of Motion for Leave to File Proof of Service Nunc Pro Tunc

• Exhibit A: Server Email confirming personal service December 2, 2008

• Exhibit B: Order to serve by Express Mail October 30, 2008

• Exhibit C: Express Mail Proof of Service Affirmed November 3, 2008

• Exhibit D: Affidavit proof of personal service January 13, 2011

• Exhibit E: Decision and ORDER dismissing 29641-08

• Affidavit of Service

Dated: February _______, 2011 Brooklyn New York _______________________________ Christopher-Earl; Strunk in esse Plaintiff 593 Vanderbilt Avenue – 281 Brooklyn, New York 11238 (845) 901-6767; [email protected]




Exhibit 3

“Plaintiff memorialized recollection of the January 11, 2011 hearing that was duly served upon attendees and the Court with sub-exhibits A through C”

Strunk v. Paterson et al. 29642-08

Strunk Affidavit Page 1 of 6

AFFIDAVIT OF Christopher-Earl: Strunk in esse, Plaintiff Witness at the January 11, 2011 Hearing on the Notice of Motion for Amended Complaint in Strunk v Paterson et al. New York State Supreme Court

Kings County Index No.: 29642-08

Present:

The Honorable Supreme Court Justice David I. Schmidt Part 47 Court Room 521

360 Adams Street Brooklyn New York 11201

Joan Duffy, Esq. Supervising Assistant Attorney General

for the New York Attorney General’s Office Joel Graber, Esq. Special Assistant Attorney General

120 BROADWAY - NEW YORK, New York 10271

Representing the State of New York as an interested party

Christopher-Earl Strunk in esse

Self-represented Plaintiff w/o an attorney 593 Vanderbilt Avenue – 281

Brooklyn New York 11238 STATE OF NEW YORK ) ) ss. COUNTY OF KINGS ) Accordingly, I, Christopher-Earl: Strunk in esse, being duly sworn, depose and say

under penalty of perjury:

1. This is the AFFIDAVIT OF Christopher-Earl: Strunk in esse, Witness at the

January 11, 2011 Hearing on the Notice of Motion for Amended Complaint in

Strunk v Paterson et al. New York State Supreme Court of Kings County Index No.:

29642-08 before the Honorable Supreme Court Justice David I. Schmidt with the

appearance of Joan Duffy, Esq. Supervising Assistant Attorney General for the New

York Attorney General’s Office and Joel Graber, Esq. Special Assistant Attorney



General representing the State of New York as a party-in-interest opposing the

Motion to Amend the Complaint.

2. After the Court called those in attendance including several law clerks and

the audience to order, the Honorable Justice Schmidt questioned Plaintiff as to the

subject request for relief to amend the complaint and status of the underlying

complaint without there being a recording or transcript of the proceeding.

3. As to the proposed amended complaint, the Court asked whether Plaintiff

expects the Court to remove Barack Hussein Obama from office; to wit Plaintiff

responded “NO” as that remains a Federal matter. Plaintiff seeks a declaratory

judgment as to breach of fiduciary duty by the Defendants failure to provide equal

treatment and protection of Plaintiff along with those similarly situated in regards

to the certification of the Presidential / Vice Presidential candidates ballot access at

the 2008 Election cycle; and as well as plaintiff seeks further discovery as to the

scheme to defraud and unjust enrichment.

4. That Plaintiff stated the NYS Board of Elections never responded to the

request for documentation of the various certifications of ballot access for the

various Presidential and Vice Presidential candidates; and as previously expressed

to the Court Plaintiff had filed in Washington DC a FOIA case 08-cv-2234 for the

travel records of Stanley Ann Dunham germane herein with a motion for summary

judgment decision pending before Judge Richard J. Leon.

5. The Court asked if Plaintiff is seeking to obtain a copy of Barack Hussein

Obama Jr.’s (BHO Jr.) Certified Birth record herein; to wit Plaintiff responded

"NO". Plaintiff seeks a decision by the Court as to whether or not the Candidate(s)

are eligible for Office of President of the United States (POTUS) as required with



the United States Constitution Article 2 Section 1 Clause 5 as required as a

regulation by the New York State Board of Elections including inter alia based upon

the Certificate of Live Birth published August 21, 2008 by Annenberg Political Fact

Check at FactCheck.org http://www.factcheck.org/elections-

2008/born_in_the_usa.html (see Exhibit A); and that as a prima facie matter

Plaintiff seeks a Court decision herein as to whether or not Obama in fact has Dual

Allegiance, is not a Natural Born Citizen per se but merely a Native-Born citizen if

that; because BHO Jr.’s father, BHO Sr., is a British subject with a student visa at

that time, and is shown to be the purported father of BHO Jr. by both the

newspaper announcement and the COLB shown by Fact Check.org; and therefore,

at best BHO Jr. is only a "Native" born citizen, if that, with only one U.S. Citizen

parent mother as a minor at his birth, and that without two U.S. Citizen parents -

BHO Jr. is NOT a "Natural" born citizen at best is “Native” born.

6. The Court asked to know Plaintiff's understanding of the difference between

"Native" and "Natural" born citizen, to wit Plaintiff explained on a blood and soil

basis as of the Law of Nations as related to the 1961, 1963 and 1969 Vienna

Convention Treaty matters as to citizenship status as with the children of diplomats

and tourists who were not certified admitted by the U.S. Customs Service; and

7. Plaintiff provided the Court with a copy of the SCOTUS decision in

McCreery's Lessee v Somerville 22 US 354 (1824) (see Exhibit B), and

8. That the Court responded favorably to Plaintiff’s argument and contention

expressing familiarity with the difference between the Natural and Native born, as

there is within Jewish law similar precedent and commented that the Court agreed

there is a difference and would read the SCOTUS decision Plaintiff provided.



9. The Court then asked Mr. Graber to respond; to wit Mr. Graber and Ms.

Duffy were in appearance without representing any specific defendant herein, that

the State contends that based upon the record filed to date Defendants were not

served back in 2008, that Plaintiff has failed to file a default motion as to

defendants within one year, and that the State opposes the Motion for Amended

Complaint to add twenty-four defendants with CPLR 305 that Mr. Graber

especially finds the proposed addition of Zbigniew Brzezinski frivolous.

10. To wit Plaintiff responded first to the proposed addition of Zbigniew

Brzezinski as a necessary party based upon the involvement of Zbigniew Brzezinski

and his sons Ian and Mark early-on to run both the McCain and Obama campaigns

and that Plaintiff contends such involvement is about Zbigniew Brzezinski’s

fixation with Afghanistan going back to 1978; and that Zbigniew Brzezinski nor

anyone is above the law;

11. That Plaintiff explained that had he known that McCain like BHO Jr. was

also not a Natural-born citizen he would not have voted for McCain / Palin and as

there was already a question of eligibility with BHO Jr. as a result of the NYS SOS

and NYS BOE breach of fiduciary duty that a pattern of malice is shown as

to Defendant NYS BOE placing Roger Calero of the Socialist Worker’s Party onto

the ballot, when in fact is a Nicaraguan born and to date is not even a naturalized

citizen should have been kicked off the ballot as done in New Jersey and California;

but to the contrary all were included by NYS BOE Defendants'

malicious maladministration of the law and regulations.



12. Further, to wit Plaintiff responded in the matter of service of Defendants,

assuring that Defendants were served in 2008 by a third party; however, Plaintiff

would recheck and verify for the Court and update the record.

13. That the Court asked why Plaintiff does not just go ahead and file a new case

rather than try to amend the 2008 case; to wit, Plaintiff based upon information and

belief expressed concern the statutory time that has passed since the 2008 Election

requires Plaintiff standing depend upon amending the case rather than filing a new

one.

14. Further, the Court asked Plaintiff [in regards to the underlying complaint] if

Plaintiff believes there is a civil action for sedition, treason and or conspiracy as

alleged; to wit Plaintiff responded by saying he did not know if a Civil action for

Sedition, Treason, and or conspiracy exists; but that under the New York State civil

rights law there is a cause of action much like 42 USC §1983, and that Plaintiff

emphasized that injuries were caused by Sedition, Treason, conspiracy as well as

fraud as willful failure of the BOE and Secretary of State to provide equal

treatment of ballot certification terms for BHO Jr., McCain and Calero injuring

Plaintiff along with those similarly situated.

15. To wit, the Court held there is no state civil action for sedition, treason and

or conspiracy notwithstanding whether or not Plaintiff’s wording of injury were

intended, is vague.

16. That the Court found that there were so many procedural questions that

would otherwise end up in Appellate Court anyway in that the best way to expedite

the matter of importance requires Plaintiff to proceed as quickly as possible and

therefore entered an order (see Exhibit C):

Slrunk v. Paterson et al. 2964248

T h e motion for leave having come on to be heard, and the Court having heard plaintiff in support thereof, and the Attorney General's Office in opposition thereto, NOW, it is hereby ORDERED, that the motion is denied in entirety."

17. That the foregoing is Affirmant's best recollection of the hearing as true and

substantively complete, notwithstanding additional ancillary matters discussed,

and absent a tFansrript of the hearing accordingly wishes by due service upon the

Court &d appearing parties without timely objection, that this affidavit be duly

admitted by the Court as part of the permanent record for use after entry of the

order shown as Exhibit C.

Sworn to behre me This ,& day of January 2011

A

M A ~ H E W S HUGGINS Notary Public, State of New Y O I ~

No. 01HU6103403 . . Qualified in Kings County

" ~ m m i s s i a n Expires Dec. _ I . / _ . . . . ,


AFFIDAVIT OF Christopher-Earl: Strunk in esse, Plaintiff Witness at the January 11, 2011 Hearing on the Notice of

Motion for Amended Complaint in Strunk v Paterson et al. New York State Supreme Court Kings

County Index No.: 29642-08

Exhibit A

Born in the U.S.A. August 21, 2008 Updated: November 1, 2008

The truth about Obama's birth certificate.

Summary In June, the Obama campaign released a digitally scanned image of his birth certificate to quell speculative charges that he might not be a natural-born citizen. But the image prompted more blog-based skepticism about the document's authenticity. And recently, author Jerome Corsi, whose book attacks Obama, said in a TV interview that the birth certificate the campaign has is "fake." We beg to differ. FactCheck.org staffers have now seen, touched, examined and photographed the original birth certificate. We conclude that it meets all of the requirements from the State Department for proving U.S. citizenship. Claims that the document lacks a raised seal or a signature are false. We have posted high-resolution photographs of the document as "supporting documents" to this article. Our conclusion: Obama was born in the U.S.A. justas he has always said. Update, Nov. 1: The director of Hawaii’s Department of Health confirmed Oct.31 that Obama was born in Honolulu.

Analysis Update Nov. 1: The Associated Press quoted Chiyome Fukino as saying that both she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama's original birth certificate. Fukino also was quoted by several other news organizations. The Honolulu Advertiser quoted Fukino as saying the agency had been bombarded by requests, and that the registrar of statistics had even been called in at home in the middle of the night.

Honolulu Advertiser, Nov. 1 2008: "This has gotten ridiculous," state health director Dr. Chiyome Fukino said yesterday. "There are plenty of other, important things to focus on, like the economy, taxes, energy." . . . Will this be enough to quiet the doubters? "I hope so," Fukino said. "We need to get some work done."

Fukino said she has “personally seen and verified that the Hawaii State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures." Since we first wrote about Obama's birth certificate on June 16, speculation

Page 1 of 7FactCheck.org: Born in the U.S.A.

1/14/2011http://www.factcheck.org/elections-2008/print_born_in_the_usa.html

on his citizenship has continued apace. Some claim that Obama posted a fake birth certificate to his Web page. That charge leaped from the blogosphere to the mainstream media earlier this week when Jerome Corsi, author of a book attacking Obama, repeated the claim in an Aug. 15 interview with Steve Doocy on Fox News.

Corsi: Well, what would be really helpful is if Senator Obama would release primary documents like his birth certificate. The campaign has a false, fake birth certificate posted on their website. How is anybody supposed to really piece together his life?

Doocy: What do you mean they have a "false birth certificate" on their Web site?

Corsi: The original birth certificate of Obama has never been released, and the campaign refuses to release it.

Doocy: Well, couldn't it just be a State of Hawaii-produced duplicate?

Corsi: No, it's a -- there's been good analysis of it on the Internet, and it's been shown to have watermarks from Photoshop. It's a fake document that's on the Web site right now, and the original birth certificate the campaign refuses to produce.

Corsi isn't the only skeptic claiming that the document is a forgery. Among the most frequent objections we saw on forums, blogs and e-mails are:

The birth certificate doesn't have a raised seal. It isn't signed. No creases from folding are evident in the scanned version. In the zoomed-in view, there's a strange halo around the letters. The certificate number is blacked out. The date bleeding through from the back seems to say "2007," but the document wasn't released until 2008. The document is a "certification of birth," not a "certificate of birth."

Recently FactCheck representatives got a chance to spend some time with the birth certificate, and we can attest to the fact that it is real and three-dimensional and resides at the Obama headquarters in Chicago. We can assure readers that the certificate does bear a raised seal, and that it's stamped on the back by Hawaii state registrar Alvin T. Onaka (who uses a signature stamp rather than signing individual birth certificates). We even brought home a few photographs.



The Obama birth certificate, held by FactCheck writer Joe Miller

Alvin T. Onaka's signature stamp



The raised seal

Blowup of text

You can click on the photos to get full-size versions, which haven't been edited in any way, except that some have been rotated 90 degrees for viewing purposes. The certificate has all the elements the State Department requires for proving citizenship to obtain a U.S. passport: "your full name, the full name of your parent(s), date and place of birth, sex, date the birth record was filed, and the seal or other certification of the official custodian of such records." The names, date and place of birth, and filing date are all evident on the scanned version, and you can see the seal above. The document is a "certification of birth," also known as a short-form birth certificate. The long form is drawn up by the hospital and includes additional information such as birth weight and parents' hometowns. The short form is printed by the state and draws from a database with fewer details. The Hawaii Department of Health's birth record request form does not give the option to request a photocopy of your long-form birth certificate, but their short form has enough information to be acceptable to the State Department. We tried to ask the Hawaii DOH why they only offer the short form, among other questions, but they have not given a response. The scan released by the campaign shows halos around the black text, making it look (to some) as though the text might have been pasted on top of an image of security paper. But the document itself has no such halos, nor



do the close-up photos we took of it. We conclude that the halo seen in the image produced by the campaign is a digital artifact from the scanning process. We asked the Obama campaign about the date stamp and the blacked-out certificate number. The certificate is stamped June 2007, because that's when Hawaii officials produced it for the campaign, which requested that document and "all the records we could get our hands on" according to spokesperson Shauna Daly. The campaign didn't release its copy until 2008, after speculation began to appear on the Internet questioning Obama's citizenship. The campaign then rushed to release the document, and the rush is responsible for the blacked-out certificate number. Says Shauna: "[We] couldn't get someone on the phone in Hawaii to tell us whether the number represented some secret information, and we erred on the side of blacking it out. Since then we've found out it's pretty irrelevant for the outside world." The document we looked at did have a certificate number; it is 151 1961 - 010641.

Blowup of certificate number

Some of the conspiracy theories that have circulated about Obama are quite imaginative. One conservative blogger suggested that the campaign might have obtained a valid Hawaii birth certificate, soaked it in solvent, then reprinted it with Obama's information. Of course, this anonymous blogger didn't have access to the actual document and presents this as just one possible "scenario" without any evidence that such a thing actually happened or is even feasible.

We also note that so far none of those questioning the authenticity of the document have produced a shred of evidence that the information on it is incorrect. Instead, some speculate that somehow, maybe, he was born in another country and doesn't meet the Constitution's requirement that the president be a "natural-born citizen."

We think our colleagues at PolitiFact.com, who also dug into some of these loopy theories put it pretty well: "It is possible that Obama conspired his way to the precipice of the world’s biggest job, involving a vast network of people



and government agencies over decades of lies. Anything’s possible. But step back and look at the overwhelming evidence to the contrary and your sense of what’s reasonable has to take over."

In fact, the conspiracy would need to be even deeper than our colleagues realized. In late July, a researcher looking to dig up dirt on Obama instead found a birth announcement that had been published in the Honolulu Advertiser on Sunday, Aug. 13, 1961:

Obama's birth announcement

The announcement was posted by a pro-Hillary Clinton blogger who grudgingly concluded that Obama "likely" was born Aug. 4, 1961 in Honolulu.

Of course, it's distantly possible that Obama's grandparents may have planted the announcement just in case their grandson needed to prove his U.S. citizenship in order to run for president someday. We suggest that thosewho choose to go down that path should first equip themselves with a high-quality tinfoil hat. The evidence is clear: Barack Obama was born in the U.S.A. Update, August 26: We received responses to some of our questions from the Hawaii Department of Health. They couldn't tell us anything about their security paper, but they did answer another frequently-raised question: why is Obama's father's race listed as "African"? Kurt Tsue at the DOH told us that father's race and mother's race are supplied by the parents, and that "we accept what the parents self identify themselves to be." We consider it reasonable to believe that Barack Obama, Sr., would have thought of and reported himself as "African." It's certainly not the slam dunk some readers have made it out to be. When we asked about the security borders, which look different from some other examples of Hawaii certifications of live birth, Kurt said "The borders are generated each time a certified copy is printed. A citation located on the bottom left hand corner of the certificate indicates which date the form was revised." He also confirmed that the information in the short form birth certificate is sufficient to prove citizenship for "all reasonable purposes." –by Jess Henig, with Joe Miller

Sources United States Department of State. "Application for a U.S. Passport." Accessed 20 Aug. 2008.



State of Hawaii Department of Health. "Request for Certified Copy of Birth Record." Accessed 20 Aug. 2008. Hollyfield, Amy. "Obama's Birth Certificate: Final Chapter." Politifact.com. 27 Jun. 2008. The Associated Press. "State declares Obama birth certificate genuine" 31 Oct 2008. Nakaso, Dan. "Obama's certificate of birth OK, state says; Health director issues voucher in response to 'ridiculous' barrage" Honolulu Advertiser 1 Nov 2008.

Copyright © 2003 - 2010, Annenberg Public Policy Center of the University of Pennsylvania FactCheck.org's staff, not the Annenberg Center, is responsible for this material.






Exhibit B

1

MCCREERY'S LESSEE V. SOMERVILLE, 22 U. S. 354 (1824) http://supreme.justia.com/us/22/354/case.html U.S. Supreme Court

McCreery's Lessee v. Somerville, 22 U.S. 9 Wheat. 354 354 (1824)

McCreery's Lessee v. Somerville 22 U.S. (9 Wheat.) 354 ERROR TO THE CIRCUIT COURT OF MARYLAND Syllabus The statute of 11 and 12 William III, c. 6, which is in force in Maryland, removes the common law disability of claiming title through an alien ancestor, but does not apply to a living alien ancestor, so as to create a title by heirship, where none would exist by the common law, if the ancestor were a natural born subject or citizen. Thus, where A died seized of lands in Maryland, leaving no heirs except B., a brother, who was an alien, and had never been naturalized as a citizen of the United States, and three nieces, the daughters of the said B, who were native citizens of the United States; it was held that they could not claim title by inheritance through B, their father, he being an alien and still living. The case agreed stated that William McCreery was seized and possessed of a tract of land in Baltimore County, in the State of Maryland, called Clover Hill and died possessed thereof about 1 March, 1814. He had previously executed an instrument of writing purporting to be his last will and testament, by which he devised the above tract of land to those under whom the defendant, Somerville, claimed; but it was witnessed by two persons only, and was therefore inoperative to pass lands in Maryland, the laws of which require three witnesses to a will for that purpose. W. McCreery left at his death no children, but a brother, Ralph McCreery, a native of Ireland, who is still living and who has not been naturalized, and three nieces, Letitia Barwell, Jane McCreery, and Isabella McCreery, the latter being the lessor of the plaintiff, who are the daughters of the said Ralph, and native born citizens of the United States. The devisees under the will applied by petition to the Legislature of Maryland to confirm the will, and the legislature, accordingly, without the knowledge or consent of the lessor of the plaintiff, passed an act for that purpose; saving, nevertheless, the rights of all persons claiming title to the

2

lands devised, by conveyance from any of the heirs of W. McCreery. The action was brought to recover an undivided third part of Clover Hill. Upon this case, judgment was rendered by the court below for the defendant, and the cause was brought by writ of error to this Court. MR. JUSTICE STORY delivered the opinion of the Court. The title of the lessor of the plaintiff to recover in this case depends upon the question whether she can claim as one of the coheirs of her deceased uncle, her father being an alien and alive at the commencement of the present suit. It is perfectly clear that at common law her title is invalid, for no person can claim lands by descent through an alien, since he has no inheritable blood. But the statute of 11 and 12 Wm. III, ch. 6, is admitted to be in force in Maryland, and that statute, beyond all controversy, removes the disability of claiming title by descent, through an alien ancestor. The only point, therefore, is whether the statute applies to the case of a living alien ancestor, so as to create a title by heirship where none would exist by the common law, if the ancestor were a natural born subject. We have not been able to find any case in England in which this question has been presented for judicial decision. In the case of Palmer v. Downer, 2 Mass. 179, in the State of Massachusetts, the facts brought it directly before the court, but it does not appear to have attracted any particular attention, either from the bar or the bench. It may then be considered as a question of new impression, and is to be settled by ascertaining the true construction of the statute of William. That act is entitled "An act to enable his Majesty's natural been subjects to inherit the estate of their ancestors, either lineal or collateral, notwithstanding their father or mother were aliens." The title is not unimportant, and manifests an intention merely to remove the disability of alienage. It proceeds to enact "That all and every person or persons, being the King's natural born subject or subjects within any of the King's realms or dominions, should and might, thereafter, inherit and be inheritable, as heir or heirs, to any honors, &c., lands, &c., and make their pedigrees and titles, by descent, from any of their ancestors, lineal or collateral, although the father and mother, or father or mother, or other

3

ancestor, of such person or persons by, from, through, or under whom he, she, or they should or might make or derive their title or pedigree were or was or should be born out of the King's allegiance and out of his Majesty's realms and dominions as freely, fully, and effectually, to all intents and purposes, as if such father and mother, or father or mother, or other ancestor or ancestors, by, from, through, or under whom he, she, or they should or might make or derive their title or pedigree, had been naturalized, or natural born subjects." In construing this enactment, it ought not to escape observation that the language is precisely such as Parliament might have used if the intention were confined to the mere removal of the disability of alienage. It declares that persons might lawfully inherit and be inheritable as heirs, and make their titles and pedigrees, by descent, from any of their ancestors, although their parents were born out of the realm; plainly supposing that they might take as heirs by descent, but for the circumstance of the alienage of the intermediate ancestors, through whom they must claim. It speaks of such intermediate ancestors, as persons who were or should be born out of the realm, and it enables the party to take, as heir, as effectually as if such ancestors had been natural born subjects. Now this language imports no more than a removal of the defect, for want of inheritable blood. It does not, in terms, create a right of heirship, where the common law, independently of alienage, prohibits it; it puts the party in the same situation, and none other, that he would be in, if his parents were not aliens. If his parents were natural born subjects, and capable to take as heirs of the deceased ancestor, it is clear that he could not inherit by descent through them, as they would intercept the title, as nearer heirs. The only cases in which he could inherit, living his parents, are those where the common law has prohibited the parents from taking, although they have inheritable blood. Such are the cases of a descent from brother to brother, and from a nephew to an uncle, where the common law has disabled the parents of the deceased brother or nephew from taking the estate by descent, upon the ground that inheritances cannot lineally ascend. 2 Bl.Comm. 208, 212, and Christian's Note. If the legislature had intended, not only to create inheritable blood, but also to create absolute heirship, some explanatory language would have been used. The statute would have declared, not only that the party should make title by descent; in the same manner as if his parents were natural born subjects, but that he should be deemed the heir, whether his parents were living or dead. No such explanation is given or hinted at, and if we are to insert it, it is by expounding the language beyond its obvious meaning and limitations. We do not feel at liberty to adopt this mode of interpretation in a case where no legislative intention can be fairly inferred beyond the ordinary import of the words.

4

This construction is not impugned by the explanatory act, afterwards passed in 25 Geo. II, ch. 39. It seems that inconveniences were apprehended, in case persons should be held by the statute of William, to gain a future capacity to inherit, who did not exist at the death of the persons last seized. The statute of Geo. II therefore, after reciting the act of William, declares, that it shall not be construed to give any right or title to any persons to inherit as heirs, &c., by enabling any such persons to claim, or derive their pedigree, through any alien ancestor, unless the persons so claiming "were, or shall be, in being, and capable to take the same estate as heir or heirs, &c., by virtue of the said statute, at the death of the person who shall last die seized," and to whom they shall claim to be heir or heirs. Then follows a proviso, "That in case the person or persons who shall be in being, and capable to take, at the death of the ancestor, so dying seized, &c., and upon whom the descent shall be cast, by virtue of this act, or of the said recited act, shall happen to be a daughter or daughters of an alien, and that the alien father or mother, through whom such descent shall be derived by such daughter or daughters, shall afterwards have a son born within any of his Majesty's realms or dominions, the descent, so cast upon such daughter or daughters, shall be divested in favor of such son, and such son shall inherit and take the estate, in like manner as is allowed by the common law of this realm, in cases of the birth of a nearer heir." Then follows a provision for the case of the subsequent birth of a daughter, who is enabled to take as a coheir with the other daughters. It has been argued that this proviso includes the cases of all children born after the descent cast in the lifetime of their alien parents, and therefore supposes the descent may be cast, notwithstanding their parents are living. Admitting this to be the true construction of the proviso, and that it is not restrained to posthumous children, the case of the plaintiff is not aided by it, for the clause, that the son shall take, in like manner as is allowed by the common law, in cases of the birth of a nearer heir, shows that Parliament had in view cases where the children might, at common law, take as heirs, although their parents were living; and yet the common law divested the title, so cast by descent, upon the birth of a nearer heir. For instance, if lands are given to a son, who dies, leaving a sister his heir, if the parents have, at any distance of time afterwards, another son, the common law divests the descent upon the sister in favor of such son, and he is entitled to take the estate as heir to his brother. 2 Bl.Comm. 208, Christian's Note, 5 Co.Litt. 11, Doct. & Stud. 11 Dialog. c. 7.

5

We think, then, that this proviso does not shake the construction, already given by us, to the statute of William. For here the case of after-born children is expressly provided for, which would otherwise be excluded by the declaratory clause of the statute, and if it was contemplated that the act of William created a new title, by heirship, independently of alienage in the parents, beyond the rules of the common law, the natural presumption is that the declaratory clause would, in some manner, have expressed that intention. So far from affirming a new title, by heirship, it asserts that the true construction of that statute excludes all persons who were not in being at the time of the descent cast, and then "capable to take the estate as heir or heirs, &c., by virtue of the said statute of William," and we have already seen, that the terms of that statute give no other capacity than would exist if the parents were natural born subjects. The exception, then, of after-born children, out of the declaratory clause of the act of George II, carries no implication that the legislature was dealing with any other cases except those where, if the alien parents were living at the time of the descent cast, the children were capable of taking, as heirs at common law, in their own right, independently of the alienage. Mr. Justice Blackstone, in his learned Commentaries, 2 Bl.Comm. 251, gives no explanation of these statutes, which extends them beyond such cases, and his omission to notice the larger construction, now contended for by the plaintiff, would be somewhat remarkable if that had been deemed the true interpretation of the statutes. In the absence of all authority, we do not feel ourselves at liberty to derogate from the general doctrine of the common law as to descents, by incorporating into the statute of William a case which is not within its terms, and is not called for by any clear legislative policy. Judgment affirmed with costs. {Emphasis by Plaintiff)




Exhibit C

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HON. DAVID I. SCHMi3T


Christopher Earl Strunk, Index No.: 29642 / 08

Plaintiff, AFFIDAVIT OF SERVICE

David A. Paterson et al. Defendants. .

STATE OFNEWYORK ) .

185, COUNTY. OF KINGS )

a Am over 18 years of age and not a party to this action. b. My place of business is located at 593 Vanderbilt Avenue Brooklyn New York 11238. c. On January 18,201 1 , Christopher Stnmk gave w m e (1) Original and three (3) copies each of

the AFFIDAVIT OF Christopher-Eark Strunk in csse, Plaintiff Witness at the January 11, 2011 Hearing on the Notice of Motion for Amended Cornphiit in Stnuk v P e o n d d New York State Supreme Court Kings County Index No.: 2%4248 ailinned 111811 1, for service by the United States Postal Service.

do On January 18,20 1 1, I placed a complete set into a properly addressed envelope with proper postage with "Personal and Confidential" written in the lower left corner and deposited each with the USPS for mail delivery upon:

The Honorable Justice David I. Schmidt for the New Yo* Attorney General's Office of the Supreme Court of New York State 120 BROADWAY - Part 47 Court Room 521 NEW YORK, New York 10271 360 Adams Street Brooklyn New York 1 1207 Kimberly A. Galvin, Esq.

New York State Board of Elections Joan Duffj., Esq. Assistant Attorney General 40 Steuben St. and Albany , NY ,12207 Joel Graber, Esq. Assistant Attorney General

.d&& Sworn to before me

MATTHEWS HUGGINS Notary Public, State of New York

No. 01HU6103403 Qualified in Kings County

Commission Expires Dec.




Exhibit 4

“Plaintiff’s Summons and Verified Complaint with sub-exhibit A”

1

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------x Christopher Earl Strunk, Index No.: 29642 / 08 RJI: Plaintiff, Plaintiff designates -against- The County of Kings as the Place of trial. David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli The basis of venue is the (NYS Comptroller), Sheldon Silver (NYS Speaker of plaintiff’s place for suffrage the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos SUMMONS (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Plaintiff’s place for suffrage: Capacity and individually; The New York State Board 593 Vanderbilt Avenue - 281 of Elections and John Does and Jane Does Brooklyn, New York 11238 Defendants. -------------------------------------------------------------------x To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York October 27, 2008 /s/ ____________________________________ Christopher Earl Strunk, plaintiff pro se

593 Vanderbilt Avenue #281, Brooklyn, New York 11238. (212) 307-4444 E-mail: [email protected]

To: Defendants as follows:

2

[continued on p. 2] David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) The Capitol Albany New York Thomas P. DiNapoli (NYS Comptroller), Office of the NYS Controller 110 State Street Albany, NY 12236 The New York State Board of Elections 40 Steuben Street Albany New York Christine Quinn (NYC Speaker of the Council), New York City Council New York New York William Thompson (NYC Comptroller), Office of the Comptroller City of New York 1 Centre Street New York, NY 10007 Phone: (212) 669-3500 Fax: (212) 669-2707 .

Complaint Page 1 of 15

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------x Christopher Earl Strunk, Index No.: 29642 / 08 Plaintiff, VERIFIED COMPLAINT -against- David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli (NYS Comptroller), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does Defendants. -----------------------------------------------------------------------x Plaintiff, Christopher Earl Strunk, as and for his Complaint under jurisdiction of New

York State Election Law Article §16-100 over Article 12 for the November 4, 2008 General

Election for emergency equity relief, upon information and belief and at all times hereinafter

mentioned, respectfully alleges of captioned Defendants as follows:


(Breech of State Constitutional bar for any Public Officer to hold more than one public office for compensation, as against all Public Officer Defendants)

1. Plaintiff Christopher Earl Strunk (“Plaintiff” or “voter”), is a natural born citizen of New

York who was and is a qualified voter registered to vote and participate in the November 4, 2008

general election in the State of New York, and whose principal place for service is located at 593


Vanderbilt Avenue #281, Brooklyn, New York 11238.

2. That under the New York State Constitution the State of New York Legislature has a winner

take all system of Electoral College with 31 votes for selection of President and Vice President

based upon 29 House seats and two Senators at large.

3. The Defendant class of the New York State Democratic Party Committee Candidates for

Presidential Electoral College from the State of New York for Presidential Candidate Barack

Hussein Obama and Vice Presidential Candidate Joseph Biden (“Democrat Party Elector

Candidates”, “Democrat Party Elector Defendants”) as a class of elector candidates Defendants

certified with the New York State Board of Elections and related local entities under New York

state Election Law (EL) on or about September 24, 2008.

4. There are 31 Candidates listed for the Democratic Party Committee Presidential Elector Slate

to be on the ballot at the General Election November 4, 2008 on statewide a winner-take-all.

5. That on pages 2 thru 8 of 9 pages (see Exhibit A) Democratic Party Elector Candidates are

listed with domicile address under the names of: Velda Jeffrey, June F. O'Neill, Dennis Mehiel,

David A. Paterson, Andrew Cuomo, Thomas P. DiNapoli, Sheldon Silver, Malcom Smith, Maria

Luna, Robert Master, Pamela Green-Perkins, Helen D. Foster, Jon Cooper, Hakeem Jeffries,

Richard Fife, Deborah A. Slott, Terrence Yang, George Arthur, George Gresham, Alan Van

Capelle, Inez Dickens, Suzy Ballantyne, Alan Lubin, Bethaida Gonzalez, Christine Quinn,

William Thompson, Stuart Applebaum, Maritza Davila, Ivan Young, Barbara Fiala, Frank A.

Bolz, III.

6. Upon initial review without cross checking the public record, of the 31 Democratic Party

Elector Candidates listed to be on the ballot on November 4, 2008, shown as Exhibit A on page 2

of 9, no less that 8 names of the 31 are currently serving public officers listed by the names of:


David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Sheldon Silver

(NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS

Assemblyman for the 57th AD) with their place of Business at the Capitol in Albany, Thomas P.

DiNapoli (NYS Comptroller) with his place of business located at the Office of State Controller,

Christine Quinn (NYC Speaker of the Council) with place for business located at the New York

City Council, William Thompson (NYC Comptroller) with place of business located at the

Office of City Controller ; (“Democrat Party Public Officer Defendants”).

7. That Defendant Paterson was the duly elected Lieutenant Governor and President of the NY

Senate until then Governor Spitzer was removed from office and that Lt. Governor Paterson is

now Governor by operation of the State Constitution Article IV.

8. The New York State Republican Party Committee Candidates for Presidential Electoral

College from the State of New York for Presidential Candidate John S. McCain and Vice

Presidential Candidate Sarah Palin (“Republican Party Elector Candidates”, “Republican Elector

Defendants”) as a class of elector candidates Defendants certified with the New York State

Board of Elections and related local entities under New York state Election Law (EL) on or

about September 24, 2008.

9. There are 31 Candidates shown on Exhibit A pages 2 and 3 of 9 for the Republican Party

Committee Presidential Elector Slate under the names: Jesus Garcia, Gary Melius, Roger C.

Bogsted, Lawrence Kadish, Angelo Corva, Katherine A. James, Fred Ramstel, Debra Leible,

Jane E. Deacy, Diane Haslett Rudiano, Myrtle G. Whitmore, Richard Alicea, Jim Tedisco, Jim

Kerr, Denice Johns, Ed Cox, Doug Colety, Vincent Reda, Louis Liotti, Jasper Nolan, Kathy

Jimino, Bijoy Datta, James Ellis, Michael Nouolio, William Gilberti, Jr., Dean Skelos, James

Domalgalski, Henry Wojtaszek, Thomas D. Cook, Joseph N. Mondello, Rudy Giuliani.


10. That until there is an election to fill the vacancy for Lieutenant Governor Defendant Dean

Skelos by succession is in line for governor and acts in lieu of the present vacancy.

11. Upon initial review without cross checking the public record, of the 31 Candidates listed

for the Republican Party Committee Presidential Elector Slate to be on the ballot at the

November 4, 2008 General Election, shown on Exhibit A pages 2 and 3 of 9, no less that 2

names of the 31 are currently serving public officers listed by the names of: Jim Tedisco (NYS

Assemblyman), Dean Skelos (President pro tempore of the NYS Senate), (“Republican Party

Public Officer Defendants”).

12. That Democrat Party Public Officer Defendants and Republican Party Public Officer

Defendants are hereinafter also known as “Public Officer Defendants”.

13. That all public officers including those of the New York State Board of Elections as well

as the Public Officer Defendants took the following oath or affirmation:

"I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of ......, according to the best of my ability;"

14. Public Officers Defendants along with non-public officers are certified candidates for

members of the New York Electoral College for election as a winner-take-all slate on the ballot

on November 4, 2008 and for which early absentee balloting has already begun. that under EL

§12-100, any vote for the Presidential slate(s) shall be deemed to be cast for the candidates’

electors slate, previously certified as state public officers.

15. That Public Officer Defendants have misapplied and misadministered the State of New

York law despite the fact that under EL §12-102, after the November 4, 2008 general election

and the canvass of the votes cast under EL §9-214 by December 1, 2008, so that the winning

certified Elector slate for the state party candidates and or independent body for the Presidential


slate(s) is then to be certified the New York electoral college by the New York Governor under

the seal in possession of the New York Secretary of State.


York law despite the fact that under EL §12-104, the certified electoral college for the New York

Presidential slate shall meet on December 17, 2008 starting on the first Monday following the

second Wednesday in December next following their election.


York law despite the fact that under EL §12-106, the certified Electoral College shall make and

sign six certificates of all the votes on forms provided by the NYS Board of Elections.


York law despite the fact that under EL §12-108, the president of the assembled certified

electoral college shall distribute the six certificates of election before December 24, 2008: one to

the President of the U.S. Senate; two certificates to the New York State Board of Elections - one

of which held subject to the President of the senate, and one held for one year in the public

record; and then on or by the following day or December 25, 2008 forward two certificates to the

Administrator of the General Services Administration, and to deliver the remaining certificate to

the Chief Judge of the United State District Court of the northern district of the state New York.


York law despite the fact that under EL §12-110, any certified Elector college slate are state

public officers when elected at large on November 4, 2008 when certified to proceed to attend

the electoral college meeting to be convened December 17, 2008, shall receive Electors

compensation for each day of his attendance in the sum of fifteen dollars per day together with

13 cents per mile each way from his place of residence to be audited by the comptroller upon the


certificate of the secretary of state.

20. That Public Officer Defendants as public office holders shall accept consideration for his

or her duty as an elected members of the Electoral College in an amount no less than $1.

21. That Public Officer Defendants and their agents have misapplied and misadministered the

State of New York Constitution Article 3 Section 6 for the Legislature compensation, allowances

and traveling expenses of members, in part states:

“…nor shall he or she receive to his or her use any fees or perquisites of office or other compensation.”

22. That Public Officer Defendants and their agents have misapplied and misadministered the

State of New York Constitution Article 3 Section 7 for the Legislature Qualifications of

members; prohibitions on certain civil appointments; acceptance to vacate seat, in part states:

“…No member of the legislature shall, during the time for which he or she was elected, receive any civil appointment from the governor, the governor and the senate, the legislature or from any city government, to an office which shall have been created, or the emoluments whereof shall have been increased during such time. If a member of the legislature be elected to congress, or appointed to any office, civil or military, under the government of the United States, the state of New York, or under any city government except as a member of the national guard or naval militia of the state, or of the reserve forces of the United States, his or her acceptance thereof shall vacate his or her seat in the legislature, providing, however, that a member of the legislature may be appointed commissioner of deeds or to any office in which he or she shall receive no compensation.”

23. That Public Officer Defendants have misapplied and misadministered the State of New York

Constitution Article 13 Section 7 for Public Officers Compensation of officers, in part states:

“Neither the salary of any member nor any other allowance so fixed may be increased or diminished during, and with respect to, the term for which he or she shall have been elected, nor shall he or she be paid or receive any other extra compensation.”

24. Each of the defendant public officers has breached their duty as to the State

Constitutional bar for any Public Officer to hold more than one public office for compensation.

25. That Public Officer Defendants are acting ultra vires.


26. That Governor Paterson, Comptroller DiNapoli, Attorney General Cuomo and President

Pro tempore Skelos have a conflict of interest with regards to their being a candidate for electors

by the operation of EL §12-100 through EL §12-110.

27. Plaintiff was and is damaged as a result of the Public Officers breach of duty.

SECOND CAUSE OF ACTION (Breech of oath of Office by Public Officers, Public Officer Defendants and NYS BOE)

28. Plaintiff repeats each and every allegation contained in the First Cause of Action with the

same force and effect as though herein set forth at length.

29. New York State Board of Elections, (NYS BOE) with four commissioners two appointed

from each major state party and who have authority over their agents and the local boards of

election both for ballot access and the certification of the Presidential Elector Candidates slates

shown on Exhibit A is located at the New York State Board of Elections 40 Steuben Street

Albany, NY 12207.

30. That NYS BOE and its agents certified the Public Officers Defendants to be on the ballot

at the November 4, 2008 general election for election to the New York Electoral College.

31. Public Officer Defendants by reason of their actions to seek election to the Electoral

College on November 4, 2008 without expressing intention to resign from public office

simultaneous with the certification of the winning Electoral College slate under EL §12-102 by

December 1, 2008, intentionally are in breech of their oath of office and subject to impeachment.

32. That public officers of the NYS BOE Defendant and the Public Officer Defendants

intentionally Breech their oath of Office to be placed on the November 4, 2008 ballot as

candidates for electors of the Electoral College.

33. Plaintiff, along with those similarly situated, suffers injury to his sovereignty as

guaranteed under New York State Civil Rights Law Chapter 6 Section 2 as a sovereign citizen of


the State of New York that here guarantees the Supreme sovereignty in the people; and whereas,

no authority can, on any pretence whatsoever, be exercised over the citizens of this state, but

such as is or shall be derived from and granted by the people of this state.

34. That Plaintiff individually as a natural person as with those similarly situated as We The

People as natural persons of the State of New York (a corporate entity), are grateful to Almighty

God for our Freedom, in order to secure its blessings apart from any such corporate fiction or

pretender monarch, and or as further guaranteed by the 9th and 10th Amendments to the Federal

Constitution, and Magna Carta.

35. That nunc pro tunc Plaintiff inherits all the sovereign rights, privileges and property that a

living natural human inures from the creator Yahweh whose son Jesus Christ guarantees the

sovereign Freedom from Almighty God against corporate fiction and Public Officer Defendants

and their agents who are ultra vires and bent on enslaving plaintiff and those similarly situated.

THIRD CAUSE OF ACTION

(Sedition, as against all Defendants)

36. Plaintiff repeats each and every allegation contained in the First through Second Cause of

Action with the same force and effect as though herein set forth at length.

37. That Democrat Party Elector Candidate Defendants, Public Officer Defendants, the NYS

BOE and their agents John and Jane Does as an enterprise commit acts of sedition in an

agreement, communication or other preliminary activity aimed at inciting treason or some lesser

commotion against public authority and policy, as has with state action undermined the State and

Federal election as under 42 USC §1983 and §1985.

38. That plaintiff is being denied his sovereignty and a republican form of government.


FOURTH CAUSE OF ACTION

(Conspiracy to commit Treason, against Democrat Party Elector Defendants, NYS BOE

and their agent John / Jane Does)

39. Plaintiff repeats each and every allegation contained in the First through Third Cause of


40. That Democrat Party Elector Candidate Defendants, their agents John and Jane Does as

an enterprise are attempting to overthrow the government of the United States in conjunction

with Barack Hussein Obama, Joseph Biden and their agents at the national level along with those

other candidate elector slates of other states of the several states (“Racketeering Enterprise”).

41. Based upon information and belief the Democrat Party Elector Candidate Defendants,

their agents John and Jane Does using the NYS BOE and their agents as an enterprise that have

misapplied and misadministered their public duties by failure to obtain and ascertain proof that

Barrack Hussein Obama is a natural citizen, otherwise contrary to United States Constitution

Article 2 Section 1 Clause 5:


42. Based upon information and belief the Defendants and their agents have not obtained a

certified copy of the birth certificate of Barrack Hussein Obama.

43. That as of October 25, 2008 there is a mandamus motion to the United State Supreme

Court by Philip J. Berg to overturn the October 24, 2008 Federal District Judge Order to dismiss

the complaint alleging somehow a citizen has no standing to challenge the citizenship

qualifications of a presidential or Vice Presidential candidate under Federal jurisdiction, and in

that there is a case challenging the citizenship status of Barrack Hussein Obama, by the past


Deputy Attorney General of Pennsylvania had filed the case pro se, and that a review of the

current docket indicates the case is called Phillip J. BERG v. BARACK OBAMA, THE

DEMOCRATIC NATIONAL COMMITTEE, THE FEDERAL ELECTION COMMISSION and

DOES 1-50 INCLUSIVE, EDPA 08cv04083 filed August 21, 2008; and wherein the amended

complaint Plaintiff Philip J. Berg alleged that Defendant Barack Obama is not eligible for the

Office of the President because Obama lost his U.S. citizenship when his mother married an

Indonesian citizen and naturalized in Indonesia. Plaintiff further alleged that Obama followed her

naturalization and failed to take an oath of allegiance when he turned 18 years old to regain his

U.S. citizenship status, and based upon request for admissions is a dual citizen of Indonesia and

Kenya, not a natural born citizen of the United States and according to the public record is not

even a citizen of the United States.

44. There has never been an Article II executive who has been a naturalized citizen.

45. There has never been an Article II executive who is a citizen of a foreign nation.

46. That were the executive to be occupied by a foreign citizen would constitute an invasion,

coup-d-tat and trespass of the sovereign citizen of New York to secede New York from the union

until such time the Union were made whole and laws enforced again.

47. Those Defendants have a duty to prevent any person who is not a natural born citizen

from ballot access in the state of New York when running for President and or Vice President.


necessary to protect the voters.

49. That Democrat Party Elector Candidate Defendants, their agents John and Jane Does as

an enterprise are attempting to overthrow the government of the State of New York in

conjunction with Barack Hussein Obama, Joseph Biden racketeering Enterprise at the November


4, 2008 for foreign agents who are enemies of Plaintiff and those New York State Citizens

guaranteed sovereignty exclusive under the New York State Constitution separate and apart from

the other states of the several states.

50. That the Racketeering Enterprise is attempting to overthrown the government of the state

of New York to which the Democrat Party Elector Candidate Defendants owe allegiance, and

who join the Racketeering Enterprise to wage war against the State and or materially promote the

foreign born illegal alien Barack Hussein Obama to the Executive branch and the Presidency of

the United States against the law of both the State and Federal Constitutions, as has with state

action undermined the State and Federal election as under 42 USC 1983 and 1985.

51. That Defendants infringe Strunk’s liberty, expectation of a republican form of

government, and burden his expectation of effective participation in the general election were the

laws not enforced in good faith with the duties of their office.

FIFTH CAUSE OF ACTION

(Enterprise Unjust Enrichment, against All Defendants)

52. Plaintiff repeats each and every allegation contained in the First through Fourth Cause of


53. Each of the Public Officer Defendants will and have been unjustly enriched by these

activities to disrupt the election, that violate Plaintiff’s Federal voter right and expense, along

with those similarly situated, as 42 USC §1983 applies.

54. That the campaign finance associated with the Barack Hussein Obama and Biden

Candidacy activities is aided and abetted by Democrat Party Electoral College slate malice were

it seated after the November 4, 2008 General Election would further damage Plaintiff at both the

national and state level beyond what has occurred, and will occur, by reason of Defendants’


activities of unjustly enriching themselves at expense of Plaintiff and others similarly situated.

55. That the Defendants having been culpable to jointly and severally aid and abet the false

billing of Democratic Party Presidential campaign associated funds from the state of New York

taxpayers in the excess of the amount of say $10,000,000 or more, with interest, and cost of suit.

WHEREFORE, Plaintiff demands a temporary restraining order, preliminary injunction

hearing, summary judgment under CPLR §3001 and permanent injunction against the

Defendants and such other relief as the Court deems just including an TRO Order:

a. of Governor Paterson to resign as elector and stay operation of EL §12-102 until

directed otherwise by the Court, as he is now in conflict of interest with the State;

b. of the Comptroller DiNapoli to resign as elector and stay operation of EL §12-110

until directed otherwise by the Court, as he is in conflict of interest with the State;

c. of the Attorney General Cuomo to resign as elector to be able to act in his State

constitutional responsibility and that he is now in conflict with State inte€rest and is

stayed from further involvement in this matter until directed otherwise by the Court,.

d. of the President pro tempore, Senator Skelos, to resign as elector, and who must carry

out the duties of the Lieutenant Governor vacancy until after the election pending the

January 1, 2009 oath of a new Lieutenant Governor;

e. of the Secretary of State to stay operation of EL §12-102 and EL §12-110 until

directed otherwise by the Court,

f. of the NYS BOE and its local Boards and agents are to bar access by any voter at the

November 2008 General Election until the various Presidential candidates Elector

Slates are confirm qualified to be voted for at election.

Dated:

g. Umil preliminary hearing on the satisfaction ofthe citizenship @ifioations of

Barack Hwein Obama &dl the N Y S BOE direct all locai boards to allow access to

the Demoorat Party Rsidmtid Candidate Electa date on the bdlot, and until the

committee on vamcies replacing the present Public Officers provide the Court

qualified candidates and or as otherwise dkcted by the Cwrt 'I:

h. Until preliminary hearing on the qualification of candidate electors the N Y S BOE

shall direct dl local boards to bar access to the Republican Party Presidential

Candidate elector slate on the ballot, until the committee on vacancies has provide the

Court qualified candidates and or as otherwise directed by the Court;

i. And that there must be a special master (as under 42 USC $1983,81985 81988) to

detmmhe the scope ofthe deged $10,000,000.00 actual damages plus upon

c ~ h d g e g s aad detembhg the need h r treble damages;

j. That the master must prepare a report to then be presented to the full

legislature and Chief judge of the Court of Appeals in the matter of public officer

impeachment, sedition and treasm.

k. And fbr fUrther and different relief as the Court may deem necessary herein.

New York, New York October 27,2008

x I

c=~her Earl S- plaintiff pro se a natural born citizen and not a corporation 593 Vmderbilt Avenue #281, Brooklyn, New York 1 1238. (2 12) 307-4444 E-mail: [email protected]

U.S.C. Title 3. The Pmident Chapter 1. PRE8PENTML ELECTIONS AND VACANCIES Current fhrmgh P.L. 110-2019 4. Vacantits in Ebxhral College Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such d e g e meets to give its electoral vote


vERiFlCATlON AFFIDAVIT

STATE OF NEW YORK ) ) ss. 1 COUNTY OF KINGS

.qccordingly, I, Christopher Earl Stnmk. being duly sworn, depose and say under penalty of

pedury: I have read the foregoing Complaint with five Causes of Action with Exhibit A against

Defendants David A. Paterson, Andrew Cuomo, Thomas P. DWapoli, Sheldon Silver, Malcorn

Smith, Hakeem JefEes, Christine Q u h Wiiliam Thompson, Jim Tedisco, Dean Skelos in their

Official Cnpaci ties and individually, the Democrat Candidate Presidential Electors as a class, in

their official capacity and individually, the New York State Board of Elections and John Does

and Jane Dues in which I request a TRO, P r e t i i Injunction and Declaratory Judgment for

equity relief as we11 as for say $10,000,000.00 in damages plus mble damages; and know the

contents thereof appI y to me by misapplication and administration of laws and that has a

question of first impression as a !hte question involving the sedition and mason in enterprise

corruption in creation of the New York Electoral College going into the General Election of

Novemkr 3,2008; the same is true to my own knowledge, except as to the matters therein stared

to be a1 Ieged on information and belief, and as to those matters I believe it to be true. The

grounds of my beliefs as to all matters nor srated upon information and belief are~o l lows: 3d \

Christopher Earl Strunk Sworn to before me hi& day of Octa ber 2008

Complaint Page 14 of 1 5

M E 2 d B1 PAGES rn

!

NEW YMU( STATE BOARD OF ELECTIONS

CAFIMPATE UST - -MI YEAR : 2UO8 W E : GENERAL ELEmON - ~~~~r olsmm: WA

m bm4a - - --- - OEM Valda JdRsy l S 5 6 M 8 9 r d S h @ l - B e N Y l t 2 5 ( 1 D€M June F. OHdll 75 PlollocL Rord - c . n t ~ NY 136l7 OEM D s h MehI01 t -951h Street - NW Y a NY 10128

DEM DBvldA-n 4SWcwtl32ml~,Apt7N - bWY0lrr,NY1003?

E M Anrbrr CUMIQ ~~~~~ - N e W y W k . N Y 1 ~ D m Thwrrar, P. DRlrpoH 1 ~ G t e ~ t N b e k R ~ A p t t E - Gn+tN~NY71021 bEY Shddm SvOr soOGGmndSsnlApL5A - NewYork,NYl0002 mM M l l m SmRh 112a0 t78th PI- - J8- NYlU33 DEM Illlarip Lma WF&mTdrDthmApt.4A - N~Yorlr,NYlOO32 DIEM M Y-W 4S8 t4th S V d - B m o # p WY 11216

E M PaIda mmbbkin~ t 4 - W A w , A p t W - NeurYwk.NY1- DEM HmIm D. Faslo~ lltO-Awmt~,AptZiB - BtamUY1MS2 WM A n Cooper 28 Uyd Point M w - L l W Harbor, W 11743 OM HakwmJslMas 35 1Sakmlll A m w - BFoddyn, NY 11- E M RadrardRh l o l ~ r n ~ ~ p t % - b ~ & r n l o o a r DEH mmrtA.!wU tnEsssnth$b#L&loF: - N-VorkrMYlm PEH t- Yurg ltJ5YorkAvmm Apt. an4 - New Yo* w101211 OEM Gwrge m u r 154 RoeMtng Avenue - Bulfalo, W 14Zlti DEM -ow- lSlSEest253rd M t - Bronn NY 10486 rn A h V n Capdb 3 0 3 P a r k A ~ S m t h r A p t 4 0 5 - NmrYork,WY¶UO19 OEn Intr DleLsnr t 0 1 W l 3 9 t h m A p L l F - NnwYork,NYlOiDO DEM Slav- 1 5 ~ C o u r t - UMonPark .NY1~ DEM AbLubh M P r c o R o l d - ~ ~ N Y 1 ~ DEM Bahaida Oofu8k $St0 South Saha met - Sytstcusr, NY 13205 DEM CfiMno Quinn 410 Wwt 24th Strrst, Apt 2 . - M Ywk, IUY 10011 OEM Wllwn Thornpaon 783 hrbmm Avenue - &ooMyn, NY 11221 PEM ZPhrart Applehum [email protected] - NsuYak,NYlOD28 DEM MmiIza h l l o 924WStmt,Apt.2R - B ~ , N Y l l t S I DEM lvm Y0cng n ~ l n # w a ~ m r n - ~ m , ~ ~ l 1 7 w DEM mrbm nllra n coltax Avenue - B-, NY m ~ s DEM Fiwllt A Bok, 11 1Ol WUmIngton D m -. Mehrllle, fW 11747 W h w M r 37 %hW@! Tnll - Rids NY 91061 REP Gay MeHur 1 3 5 H h r t k t . D h - b m ~ 1 . N Y l 1 7 4 3 REP -rcBogskd 4O$ Bobolink L.m - Levitmm, NY 117m REP Lp#rer#.Ka&h 7 3 W i l ~ R w d - OldW#tbury,NY11568 REP Anm Cowl 1 5- odOieuEh#t~ Rotrl- M - h s m t , NY 1lOSQ

REP bthdn, A. J-8 Y 1132 1- S h m t - JmPica, NY 1- REP Fmd RsmadOl OnocaodlSfmm!- & o n * ~ N Y l w W bbrr L.ILlte B West 64th mt, w. 8F - Ne*r Y ~ r k , MY tW23 REP Jan& E. D#c~ 6 m W I l k - R-WNYl16W

REP Wlnm HasbU W m m 258 Wmnck Avonw - Erodtlyn, NY 11207 REP wywamimm 1553 ~reddont SM, ~ p t ~7 - ~moklyn, WY qqm3 Rep Richud Ali- 5437 lhwfd A m @ - H~paAh. NY 11378

A

PAGES d44 PACES

i NEW YOW STATE BOARD OF ELECTIONS CANDIPATE LIST - ELECTION YEAR : 2a08 TYPE : GENERAL ELECTION

hsldenthlHec2or DISTRICT NIA

CMIHnES:

Pprbr Moffle M I & - - -7 - - * --

REP Jhn Tedisco 1710 GulWerland Avenue - Scbectady, NY 12306 REP Jim Kerr 2OOEaaitgOth~Apt7B -- NwYdt,NVlOl#L REP DenIua Johns 2S8 St Wlchotas A m w , - Now York, NY 1 W REP Ed COX 100 S M d Lono - W-mpton Beach, NY 11976 REP Doug WIely in corppor - NW -11% NV 10801 REP VInmt Red8 s nrst stmet - NW city, NY 10- REP &Is LioS 43 Aquducl Road - Gadson, NY 10624 REP Jasper Noh B QYvk Drlvr - Samtoga Sptlngr. NY 12666 REP Kathy Smino 300 Shah Avenue - Troy, NY 121%1 REP WY- 30 -don Street - Blnghamton, NY 13903 REP Jam# Effk 5 8 W - t - T ~ w U k e , N Y l m REP Mkbae1 N d k 3929 Romwoad Drive - Sen- Fanb, NY 13't4B REP W a m Giibai. Jr. 119 Wsndeil Terr~oe - &rumme, NY 132U3 RE? Paan Skslos 31 R m Road - R o c M i e Centre, NY H570 REP Jumea do^^ 7S Hawthome Orhre - O d w d Park. NY MI27 REP Wry W0b-k 620 East GO- Sbaet - North T-d& NY 14120 REP thwnas b. Cook 2 9 W & m A u # l ~ r - PiWhd,NYUf34 REP Joseph N. Mondello 31 LIMB1 Cove Road - Oyster Bay, NY 11771 REP Rudy Ofuttani G h h l Partnars. 5 Thnea Square - New York, NY 10038 fND Jesus @ads 37 Setwket Tmi - Rklge, NY 11961 IND Gary Meilus 195WmtmteDrlvb - Wng&on,NYll743 W m e * - 106 M n k L.ne - LeuSttorm, NY f17S6 IW Larwren~e lt3di~h 7 8 ~ l e t ~ R o s d - MdUh~tiwy.HY115811 IND Angab Coma 1 Dub of Gouchesier Road - Manhassea, MI ld1Q30 IND Katherlne A James 1- 158thSbaet - hnlab,NYllrl34 IND Fred R a d OmCadl&1m8t -- BronsNVlM84 IN0 Deha Lalble SWpCt84thWt,Apl.bF - NewYork,WVlOWS lND J~reEbeaey 6 m W a l k - lEatlu~nyPdnt.NYlt63;1 lNCl Oronr ~ R u d t n w , 25a ScbenckAvsnue - BmMyn, NY112lW 1Nb Myrtle G. WMtmom 1333 PreJdeat Street, Apt El - Brooklyn, W 11213 WD Rt- AUwa Scl37Amolcl Avenw - Mespth, NY 11378 IND Jlm Tedlw 1710 Guilderlad Avenue - Schemdady, NY $2306 1 ~ b ~ i m K ~ W z u o - t ~ ~ h ~ ~ n s - ~ o w ~ ~ r k , w i o i i e IND Dank Johns 258 St Nleholr~ Avenue - N w Yo&, NY 10027 IMD Ed- 1 0 0 ~ t . n o - Weimm@onBs*ch,W11816 1ND Ooug Cdety 121 Cooper W e - New Rochelle, NY 20801 IND vineant R d a 59 Flrst Street - New City, NY 10858 IN0 Lauls LbUl 43 Aqueduct Road - Garrison, NY 10624 IND Jasper Nolan B Q u m v r t My0 - Sata- SWngs. NY 12866 MD Kathy J h h o 3M Sixth Avenm - Troy, NY 12182 M ~ Q Y Data SO Shofdon 8trP.t - Singhmbn. NY 1- IMD James EUls 58 Bmad Street - Tuppw Lake, NY 12886

I INb Michael Nonatio 9999 Uoswwood Drive - Seneca Fa&, NY 131rUI

m12.Ot; 2WB TIME: 2asPM

1 N W YORK STATE BOARD OF ELECTlONS

GAHWDATEUS7- El.ECTIDNY€AR: 2WB fYPE ZGEWERAL ElECTlW - ~ ~ l t a l E ~ r NIA

CMIKnES:

rn Name -- - - adcham -- - -

IMD WlNm GilbW. Jt. H9 Wendell Temce - Syrawae, NY 132BS Wo DWIl skd0s 31RonsnRaad - b & V n b C e ~ , ~ 1 % 7 0 MI James Mgals lr i 7 5 H t r v l h o m e ~ - QrchardPark,NVll1Z7 1WD HensV W m 620 Eirot GorcnBy - NwH, T0-q NY 14120 lm T h o l u s 6 O . M Z s W l s h i ~ L w r m e - ~ N Y m 1ND J O S W ~ ~ H, M ~ d ~ l b 31 WIQI cove Rotd -- O ~ S W Bay, NY %*TI1

IMD Rudy Gkt#d GiullanfPtntnon,STimusSqrtare - NeWYork,NYlM131 COM JeSUS Qarela 37 Sa-t T d - -0, NY 11M Con Gary MelI~a 93SWest Qlrte MIve - H ~ M q t w r , UY 11743

CON F a 0 s e r C . w 1W Baboilnk Lne - WttMown, NY lt756 CON w K 8 a h lliWktpRoad - Old W-,NYIfW CON Angela C a m 1 Dub of Gloucmter Road - A l l a n h m NY 1 I038 CON IWhdnb A James 1f4-32 1!Wh Stmt - . h m i ~ a , NY 1'14W C m M R a m f t l 0 r ~ W l W - BmmNY 10444 CON D e b Ldble 9 West- -Apt 6F - NewYwk, NYlWS CQN 3 ~ 1 i i E w G B m ~ W e l k - ~~ayPad11t ,NY1159? CMI Dtarms HmMthdlruw 258Sthm&Av#u#t - ~ , W 1 1 2 0 7 CON MY* a w h l b 1335 Pnstdsnt Stnmt, Apt El - Brooklyn, NY 11213 CON ~~ Allcsa 5437Amoid Avenue - Maspah, NY llm CON Jim T-o f 7 l O Wldadmd Avenue - Schmeddy, W 12306 GUN Jb KUR 2 a O E 4 F s t ~ ~ ~ A p t 7 ! 3 -- EkwrYork,NYlaY28 C W Danb J ~ t m ZWL&NIdmk&enw - NewYork,NY1WIPt CON Ed eoX Y O 0 SeaRolrcl Lam - Weshmpbn Beach, NY YiW6 CON DWg 121 Cwpw Drive - New Roc-, NY 10801 CON Vhtoenf Re- SSWtStrecrt- Wewclty.NY10956 CON LOUIS IMtI 43Aquedu~tRmd - &anks#1.NY1= CON - ~~ 8 QtmIc Drive - Saretoga Springs, NY 12368 CON W€hy jlnJno so0 Suth A m u s - troy, NY 121a CObl ~ O V ~~ . 90 Sheldon Slmet - BhrgiramtMs NY 13803 CON JPmeP 81b 58 Ckwd Sfmet - Tupper bke, NY 12988 CON M k W -go 3923Ro#rwood Drhre - S e ~ c w a Falls, MY 13146 GON Wflliam Gilhtt$ Jr. Its Wendell Terr~ae - W s e , NY 13283 CON hm SWOS M Rmc~n Raad - RoEkvilb W. NYllWO

CUM Jmm omalgafskl 75 ~nnrthome ~ r l v e -- onhard m NY 14127 Con Henrp Woltas#k m E P s t G o e S b ~ t - -1-NYUtaO CQN T h o r n s D. Cotrk ZB Washtrtngbn A v m e - Pinslard, NY 1- COH JossptrKMondeUo 31 burel Covr Road - Oyster Bay, NY 11771 CON RudV Cifutianl 45EoptmhSh~ - ~hntSan,NY'10085 VW)R Stuart Applebsum ~mB2miStrret.&3LStl -)yplyYOrkrNYlW;EB

WOR -ow A*w 151Mi11$3Avonu1- R W ~ ~ O , ~ M U P ~ ~ WDR m- HCbewiotCwrrt - C l i i n P a r k , W l ~ WOR FrsvrkABaQlR 101 Wilmbgbn Dllve - Mehrik, NY 11747

I WWI Jon 28 ~ o y d Point m e .. ~ a y d ~atbor, MY 11743

PAGES d 91 PAGES

NEW YORK STATE BOARD OF ELECTIONS CANMDATEUST- W T I O N W : 2oM TYPE:e€N~ELECflON - ~I~

omw.z N/A CoUmER

Prbr fihms &mess - -- - - w m MW cuomo DneWsrtStmetlApt3606 - ~ew~orlr,w10a4 HEbft Mrffza W l a s a r ~ w ~ p t . Z R - BtoaWyn,NY11~7 WOR bwr DMami 281 W#113W1 Stma ApL IF - N m Y h , NY 10030 WOR Tbmm P. mapdl 1 0 0 ~ N . d r ~ A p t l E - GrortNecSNY1102l vyoiz -ckh n~dbx~vrnn - -,mi= WOR Wehard Rie lQlWmtfl)th~t,Apt.Sn - NnrYOrk,WlWU WMZ Helen D. Foster 1 2 l O Woodyerest Awn-, AptSB -- &mnx, NY WWZ VrOR ~~ 557Osouth8dk#8tml- S Y I ~ C U ~ N Y ~ S ~ I K VYOR PemebGmm-hddn~ 14-#.--64 - m Y * N Y l W YlKWI -=W- 1313 bst 233rd - B w NY 10488 W R V a - lSS5-8SdSlrorl- Blbddyn,NYllZS WOR W~MI ~mka 36 m n l AWB- - B~OOM, wi~sa n#1R hnnk Mohkl 3 E ~ t - w - N~Yoc(I,NY10128 WOR Alan LuMn 81 Pko Road - Ciifton Puk, NY 12083 n#)R YwtaLuna 83BRhnnldm~ApLlA - N o w V ~ , N Y ~ O O ? ) ~ WOR Raka M- 498 44th8bMt - Broddyn,NY112ls YPOR JtimF. O'NM 7SeaabckRod - - W V l S W WDR DrrldAPatemn 4SWlstlS2ndhmt,Apt.7N - NmYotk,UY10037 WOR #rMm Uuinn 4COnkrt2#Shet,AptU - NmYarlSNY1001¶ WOR sbeldm Sltvlr -0 G~ndSbeeApt5A -1JanrYork,NY10802 WOR A S lw 227€ntS7thStmeApt.lOF - NmYorltNYlOfm2 WOR Malcolm Smith 1122l176th Fhca - Jam*, MY 11433 n#)R HIBI&mC.Thrmp.on.Jr. 7 6 B ~ A v a u s - Btw#yn,m11w WOR Alan VmOlpalk 3X+RrLAvmurSouth,Apt405 -- NarVYork,NY10010 W R Tamm Vang 1735YorR Avenue, W 2 8 H - New York MY 10728 W m lvaR Y ~ n g ~ S P I ~ W S S A V C ~ W - B ~ S k o n , W l t t O B

8WP o b Rodel- 4Wabinnh S q u r s ~ , #i?H - Mew York, NY fOQ12 8WP Paul Pdsnon 1460MacombaWApt.SG - BronxlNY1MS2 PSL UbmstmaAbrtan 1W46 L.tfd. Boukvanl - SO. FUdunond Hill, NY 11410 PBL Rachel Ban 1801 DOCEhrn~bt Road, Apt. Sg - Bcooklyn. NY M228 PSt June8.cksr 6MEsskBlulthirn - PennYan,NYf45n PSI. MM Bmno 450 West hmmcn Amnu, - NY 11206 PSL h w l y BMno #W.stLawrwr#,Aventm - Albury,NY12201) HI. E b m h B W 767 kwpbcl Pkca. Agt 30 - I-, NY 11216 PSt J w n r t b w o P s s u r e v n l t ~ , ~ 2 A - W#u,NYWS PSL Dknhk C m ~ c h o 3111 - Y- HeBMI, NY 1- PSL Yenb Cartsr 57l FDR D h , Apt. 8B - Nrw Yark, NY 10002 PSL ekudlr Dl kCruz 1 0 S V o n n t t y e a ~ , A g t A - WlwYmNY1003rl PSL - 8s-AvurW --Abany,NVlZ;COO P8L EdWUdFeltWI 17HdlrndIrm - NwPIIP,WlZS61 Pal Wth F ~ I W S 103V~mily~Avonu~,Ap\.A - N . w r Y ~ N Y 1 0 O M Pa. SalIlurtht FhW 2875SOdgwf~k,AptES - Bmnx,NVlW86

PSL M Y Gads 1190Bhk. AVmtm, Apt. 2F - Bmdrlyn, WY 11208

PAGES of M PAGES

NEW YURK STATE BOARD OF ELlECTK)NS CAMMDAiE UST - UECTDN : MOB TWE : GENERAL ELECTION

OFFICE: ?mddmtielRector

PartV -- PSI. PSL ?sL PSL PSL PSL Psl PSL PSt PSL PSL PLn PSL PSL PSL OR# e m OFI# ORiJ GRN GRN ORN ORW GRN ORN GRN eRN ORN GmJ GRM GUN GUN ORN ORN GRN G w GRN LBT LBT tBT LFT LBT

MSntrCf: NIA COUmES:

NamP

Marla Gontakz Oonm Ooodmur D&me Humer KO- Joseph Andm Kahlmogan Rubln Kanow- L a m Kenner Eva Kougenbkis Ma- Meelem - pw- Melm P1p - m n Jack with PsoIa Tapk FIWIGBS Mllw ~ r y J . P w a o s lQmbaaly- R w my- e o H s L C M mhma W h b Guy Barn- blah s. Satfwd

Rachel Trsichler hio M. dorrss

crams T. Taykr Jaaen Nabwanlso Ann Link h n Menson GU Obler Rebecca I?. W e r

Ralph CmIg A Seeman Jlm Bruwr~ Mw Rbdrigucu Ian Wlidet Febr LaVenia (UEhlVdACOOpec Harkmsdar Estslla Edwards Jantey T. h-11 Chtistophsr B. Gawey Joseph L Dobrfan

Adesss - 1CISSpur Oriva South - ktip, NY t1761 5&8 Plurareh Road - HlghM, NY 12528 tb Writ S W - Statan md, NY 1- 363 Urn Y e Avenue, Apt 4F - Be@, )lY l W 3 412-t 110th- ApS. 111 - Ne#rYork,NY 10025 50 Ocean P a m , Apt. 5D - Brcoklyn, NY 112l8 la m n h m AWW - ~ a w YO* NY ~ODZJ 226 !Brdstrwt - Broddyn, NY 11209 5775 WB~MWI ~r l r e - wn#rmsvuk. IQY w m 10 FMkiln AIIMw, 1st How - Y o n k a NY 10705 66.31 5kdRh - MwpelA, NY 11578 9041 Udett tone, Apt. I - Woodhov~~, NY 13421 SBII P- W - Hiahturd, NY 12528 m wlwt 26th $ma, ~ p t . m - N ~ W YO* NY 10001 ZMT Vil~ntt116 AVO-, Apt. 65 - STO- NY 'I0468 1 6 D o u g l a s ~ - OfenCove*NY?1S&? 11 edmonton Drim Unlt 86 - Mot& Babylon, NY 11703 14 Robin D e e - HuntlnatM,, NY 1-43 52 S t Wlcholas Plaos, Apt. 23 - New Ye&, NY 10031 87MonboseARnrnus - Broddyn,NYlIOB r p s m r o r d ~ t - SymcugeIlr(Y13m2 1207 Almond Street, Apt. 2010 - Syncma, NY 13210 1337bmdon HUI Spur - Whl, NV 13753 7B8bVan Amburg Rmad - Hammbndspor4 NY 14810 368 Potorno Avenw - Upper Buffdo, NY 142l3 1ma rrnktram Road - Dadan center, MY 14010 m H u w k ~ ~ - R # h ~ , W 1 4 6 0 9 ~ ~ y P m , A p t . X - B ~ N V 1 1 2 3 1 U W e s t G P n d ~ r R p L 4 A - ~YolihNY10029 11 Hunlllon Weet - Sag Harbor, NY q1963 53 Norlh Ch&fW St- - NOW Pdk, NY 12581 67 County RouW 32 - Mdm, NY 12S57 70 W o l f Avmue. Apt. 90 - Broddyn, NY 112m 422WMark&Street - LongEaaEh,hlYllSl U#Rlltload - Nm~Palb,NY1266l 11 Edmunbn MY& Unlt eS - Notth Babyion, NY 11703 39 South W e Amnue - Ahmy, NY 1m ZllSValentlm Road - Wnstbuiy, MY 11399 P. 0. Bax 93135 - Raehaster, NY 14692 P.QBox2W - Rlvemerd.NYltsOi ssVIaaaV&d - ClMonPark,NYlrOGS q0 Nlooll Awenue - AmhyvIOe, NY 11701 Zis East 26th Wt, Apt 3 - New Yo~k, NY 10010

* DATE.G+..$.2WE TIME: ZWPM

NEW VURR STATE BOARD OF ElEcflONS I

I W I D A T E UST- E L E m V E A R : ;2008 TYPE:-ERALmnON

OI-. NIA

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------x Christopher Earl Strunk, Index No.: 29642 / 08 Plaintiff, -against- David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Thomas P. DiNapoli (NYS Comptroller), Sheldon Silver (NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD), Christine Quinn (NYC Speaker of the Council), William Thompson (NYC Comptroller), Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) in their Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official Capacity and individually; The New York State Board of Elections and John Does and Jane Does Defendants. -----------------------------------------------------------------------x

SUMMONS with VERIFIED COMPLAINT

with EXHIBIT A

Dated: New York, New York /s/ October 27, 2008 ____________________________________ Christopher Earl Strunk, plaintiff

593 Vanderbilt Avenue #281, Brooklyn, New York 11238. (212) 307-4444 E-mail: [email protected]




Exhibit 5

“Plaintiff’s supplement to the underlying Complaint as the First Amended Summons and Verified Amended Complaint”

SUPREME CORTRT OF THE STATE OF NEW YORK COUNTY OFKINGS ---------- - Christopher-Earl : Stmnk, Index No.: 29642 / 08

Plaintiff, Plaintiff designates

-against- The County of Kings as the Place of Jury trial.

NEW YORK S'XXTE BOARD OF ELECTIONS; JAMES A. WALSH I Co-Cbrir, DOUGLAS A. KELLNER I Co-Chair, The basis of venue is the EVELYN J. AQUlLA / Commissioner, GREGORY P. plaintiffs place for sufhge PETERSON I Cammiasioner, Deputy Director TODD D. VALENTINE, Deputy Director STANLEY ZALEN, AMENDED SUMMONS LORRAINE A. CORTEZ-VAZQUEZ, ANDREW CUOMO, THOMAS P. DINAPOLI, individually and RUTH NO EM^ (Jw trial) COL~N New York State Acting Secretary of State, in their OEcial capacity; ZBIGNIEW KAIMlERZ BRZEZINSKI, MARK BRZEZNSKI; SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama, a.k.a. Bertie Dunham) O&QMA FOR AMERICA; OaAMA VICTORYFUIQ NANCY PELOSI individually; DEMOCRATIC STATE COMMETTEE OF THE STATE OF NEW YORK; STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE; R ~ G E R CALERO, individually; THE SOCIALIST WORKERS PARTY; IAN J. BRZEZINSKI; JOHN SIDNEY MCCAIN 111, individually; MCCATN WClVRY200& MCCMN-PALIN WClURYZOa8; JOHN A. BOEHNER, individually; THE NEW YORK STATE REPUBLICAN STATE COMMI'ITEE; THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PAR= STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW Plaintiffs place for sufhge: YORK STATE; GEORGE SOROS; XYZ JOINTFLNVRAISING 593 Vanderbilt Avenue - 281 C0MWWEEES;- John and Jane Does; and XYZ Entities. Brooklyn, New York 1 123 8

*flLc.~c.. - Defendants.

................................................... ..................... X To the above+muned Defendants: II

- .

YOU ARE HEREBY SUMMONED to answer the first amended complaint in this action and to serve a copy of your answer, or, if the complriint is not served with this.summons, to serve a notice of appearance, on the Plaintiff within 20 days after the service of this summons, exclusive of Ibe day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to app& or &,judgment will be taken against rpvby defauh fm the relief demanded in the complaint.

Dated: BrooklyqNe York February /$, 201 1

593 ~kderb i l t Avenue #281, Brooklyn, New York 1 1238. (845) 90 1-6767 E-mail: chri&,stnmk.ws

2

To: Defendants as follows: [continued on p. 2] NEW YORK STATE BOARD OF ELECTIONS, JAMES A. WALSH / Co-Chair, DOUGLAS A. KELLNER / Co-Chair, EVELYN J. AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner, Deputy Director TODD D. VALENTINE, Deputy Director STANLEY ZALEN, The New York State Board of Elections 40 Steuben Street Albany New York 12207 LORRAINE A. CORTEZ-VAZQUEZ c/o RUTH NOEMÍ COLÓN New York State Acting Secretary of State New York State Department of State One Commerce Plaza 99 Washington Ave, Albany, NY 12231-0001 Andrew Cuomo (NYS Governor), Eric Schneiderman (NYS Attorney General), The Capitol Albany, New York 12224 Thomas P. DiNapoli (NYS Comptroller), Office of the NYS Controller 110 State Street Albany, NY 12236 SOEBARKAH (a.k.a. Barry Soetoro, a.k.a Barack Hussein Obama) c/o The White House 1600 Pennsylvania Avenue, N.W. Washington, District of Columbia 20500 NANCY PELOSI 235 Cannon House Office Building Washington, DC 20515-0508 DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK 461 Park Avenue South New York, NY 10016 STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE 2-4 Nevins Street Floor 3 BROOKLYN, NY 11217 RÓGER CALERO c/o THE SOCIALIST WORKERS PARTY 1000 Grand Concourse, #4A Bronx, NY 10451 JOHN SIDNEY MCCAIN III 241 Russell Senate Office Building Washington, DC 20510

JOHN A. BOEHNER 1011 Longworth H.O.B. Washington, DC 20515 THE NEW YORK STATE REPUBLICAN STATE COMMITTEE 315 STATE ST, ALBANY, NY 12210-2001 THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY By Frank MacKay, Chairman PO BOX 871 Lindenhurst, NY 11757 STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE 486 78TH STREET BROOKLYN, NY 11209 ZBIGNIEW KAIMIERZ BRZEZINSKI c/o Columbia University in the City of New York School of Foreign Affairs 2960 Broadway New York, NY 10027-6902, IAN J. BRZEZINSKI c/o The Atlantic Council Headquarters 1101 15th Street, NW, 11th Floor Washington, D.C. 20005 MARK BRZEZINSKI c/o McGuire Woods LLP 2001 K Street N.W. Suite 400 Washington, D.C. 20006-1040 GEORGE SOROS Soros Management 888 7th Avenue Suite 3300 New York, NY 10106 OBAMA FOR AMERICA by Martin H. Nesbitt, Treas. PO Box 8102 Chicago, IL 60680 OBAMA VICTORY FUND by Andrew Tobias, Treas. 430 South Capitol Street SE Washington DC 20003 MCCAIN VICTORY 2008 228 S WASHINGTON ST STE 115 ALEXANDRIA, VA 22314 MCCAIN-PALIN VICTORY 2008 & The New York Finance Committee Road to Victory Tour 228 S WASHINGTON ST STE 115 ALEXANDRIA, VA 22314

Strunk v. NYS BOE et al. NYS Supreme Court County of Kings 29642-08


SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 29642 / 08 -----------------------------------------------------------------------------x Christopher-Earl: Strunk, in esse Plaintiff, VERIFIED FIRST -against- AMENDED COMPLAINT NEW YORK STATE BOARD OF ELECTIONS; JAMES A. (Jury trial) WALSH / Co-Chair, DOUGLAS A. KELLNER / Co-Chair, EVELYN J. AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner, Deputy Director TODD D. VALENTINE, Deputy Director STANLEY ZALEN, LORRAINE A. CORTEZ-VAZQUEZ, ANDREW CUOMO, THOMAS P. DINAPOLI, individually and RUTH NOEMÍ COLÓN New York State Acting Secretary of State, in their Official capacity; ZBIGNIEW KAIMIERZ BRZEZINSKI, MARK BRZEZINSKI; SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama, a.k.a. Bertie Dunham) OBAMA FOR AMERICA; OBAMA VICTORY FUND; NANCY PELOSI individually; DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK; STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE; RÓGER CALERO, individually; THE SOCIALIST WORKERS PARTY; IAN J. BRZEZINSKI; JOHN SIDNEY MCCAIN III, individually; MCCAIN VICTORY 2008; MCCAIN-PALIN VICTORY 2008; JOHN A. BOEHNER, individually; THE NEW YORK STATE REPUBLICAN STATE COMMITTEE; THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY; STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE; GEORGE SOROS; XYZ JOINT FUNDRAISING COMMITTEES; John and Jane Does; and XYZ Entities. Defendants. ---------------------------------------------------------------------------------x Plaintiff, Christopher-Earl: Strunk in esse, as and for the First Amended Complaint to the

Complaint filed with the clerk on or about October 29, 2008 with jurisdiction of New York

State Election Law Article §16-100 over Article 12 for the November 4, 2008 General

Election inter alia equity relief and damages, that upon information and belief and at all

times hereinafter mentioned, respectfully allege of captioned Defendants as follows:




(Breach of State Constitutional fiduciary duty as against all Public Officer Defendants)

1. Plaintiff Christopher-Earl: Strunk, in esse (“Plaintiff” or “voter”), is a natural born

Citizen resident in New York who was and is a qualified voter registered to vote in the 2008

election cycle and participate in the November 4, 2008 General Election in the State of New

York, and whose principal place for service is located at 593 Vanderbilt Avenue #281,

Brooklyn, New York 11238.

2. That Defendant NEW YORK STATE BOARD OF ELECTIONS, (Defendant NYS BOE)

with four commissioners two appointed from each major state party Defendant JAMES A.

WALSH / Co-Chair, Defendant DOUGLAS A. KELLNER / Co-Chair, Defendant EVELYN

J. AQUILA / Commissioner, Defendant GREGORY P. PETERSON / Commissioner, and

two deputy directors of elections Deputy Director Defendant TODD D. VALENTINE,

Deputy Director Defendant STANLEY ZALEN, are all located at the New York State Board

of Elections 40 Steuben Street Albany, NY 12207, and

3. Defendant NYS BOE and its agents have authority over their agents at the local boards

of election both for ballot access and the certification of the Presidential Elector Candidates

slates and committees for the names Barack Hussein Obama (BHO, SOEBARKAH), John

M. McCain III (McCain) and Roger Calero (Calero) hereinafter known as “Defendant

Presidential Candidate(s)” with the November 4 2008 General Election results published.

4. Based upon information and belief the Presidential Elector Candidate Defendants as a

class represented by Andrew Cuomo having replaced David Paterson as Governor on the

Democratic side and Republican Majority leader Dean Skelos representing the McCain

Electors plus Defendant LORRAINE A. CORTEZ-VAZQUEZ as then secretary of state

appointed by Governor Paterson and Spitzer, now replaced by RUTH NOEMÍ COLÓN New



York State Acting Secretary of State; that according to the Help America to Vote Act of 2002

(HAVA) section 213 (a) (1) (A) are in their Official capacity both a Federal and State officers

who each serve as an unpaid employee of the United States Election Assistance

Commission (EAC), as a Federal employee and represent the Class of the Calero Electors

along with those of the Cuomo and Skelos classes; and that the Cuomo appointee, RUTH

NOEMÍ COLÓN is located at the Department of State One Commerce Plaza 99 Washington

Ave, Albany, NY 12231-0001).

5. The Defendants NYS BOE their agents John and Jane Does and LORRAINE A.

CORTEZ-VAZQUEZ represent the class of presidential electors and their agents as an

enterprise having misapplied and mis-administered their public officer fiduciary duties

under NYS BOE regulation by failure to obtain and ascertain proof that each Defendant

Presidential Candidate is a natural-born Citizen (NBC), that otherwise is contrary to State

Law, regulations and the United States Constitution Article 2 Section 1 Clause 5:


6. Based upon information and belief the State Defendants, Defendant Presidential

Candidates, various Defendant Campaign Committees and their agents have not presented

a certified copy of the “long-form” birth certificate of the Defendant Presidential Candidates

for ballot access to the New York November 4, 2008 General Election / 2008 election cycle.

7. That based upon information and belief the NYS BOE has not maintained the

consistency of Presidential Candidate Certificate documents used for ballot access by mal-

administration of the law and regulations.

8. There has never legally been an Article II Executive who has ever been a native born,

naturalized citizen or a non-citizen as it is against the mandate of the U.S. Constitution



Article II Section 1 Clause 5 a candidate be a natural-born U.S. Citizen to be eligible.

9. There has never legally been an Article II Executive who is a citizen of a foreign nation

and or has dual allegiance with a foreign nation.

10. That the Supreme Court of the United State opinion in McCreery's Lessee v

Somerville 22 US 354 (1824) explains the difference between a Natural-born and Native-

born U.S. Citizen as is to be applied with U.S. Constitution Article 2 Section 1 Clause 5.

11. That were the executive to be occupied by a foreign citizen would constitute an

invasion, coup-d-tat and trespass upon the sovereign citizen of New York a taking as of

right under the 10th Amendment become the basis for New York state and its People to

secede from the Union until such time the Union were made whole and laws enforced again.

12. Those Defendant BOE and Presidential Electors having been duly served prior to

the general election knew they have a duty to prevent any person who is not a natural born

citizen from ballot access in the state of New York when running for President and or Vice

President and have maliciously acted contrary to their fiduciary duty.


necessary to protect the voter(s), are ultra vires and are individually liable.

14. That Defendant NYS BOE and its agents certified the Elector Defendants for each

Defendant Presidential Candidate to be on the ballot at the November 4, 2008 General

Election for the preference election of the New York Electoral College;

15. That under the New York State Constitution the State of New York Legislature has

a winner take all system of Electoral College with 31 votes for selection of President and

Vice President based upon 29 House seats and two (2) U.S. Senators at large.

16. That Defendant SOEBARKAH (a.k.a Barry Soetoro, a.k.a. Birdie Dunham, a.k.a.

Barack Hussein Obama III, Defendant Democrat Presidential Candidate) individually

under the name Barack Hussein Obama is located in care of c/o The White House 1600



Pennsylvania Avenue, N.W. Washington, District of Columbia 20500, and is a Madrasah

trained radical Sunni Muslim by birth right according to the Koran through his father

Barack Hussein Obama Sr. (a Sunni Muslim), and that by training and practice admitted

during the speech to the Muslim Brotherhood in Cairo in 2009 – SOEBARKAH practices

Shariah law, and is devoted to King Saud of Saudi Arabia who based upon information paid

for the Columbia and Harvard university expenses with the full knowledge and blessing of

Defendant Zbigniew Brzezinski, his sons Mark and Ian and George Soros.

17. Defendant Soebarkah practices Al takia or the Islamist art of fooling the enemy and

professes to be a Christian when in fact a Muslim is a liar by training - never to be trusted.

18. Defendant SOEBARKAH admits his natural father at the time of his birth is a

citizen of the United Kingdom and as the British Nationality Act of 1948 governs dual

citizenship at birth; Soebarkah has dual allegiance at best by his own admission.

19. That Rep. John Bingham, author of the 14th Amendment, Congressional Globe,

39th, 1st Sess., pg 1291 (March 9, 1866) stated:

“… every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural-born citizen.”

20. That Defendant SOEBARKAH and or his agent(s) as part of the scheme to defraud

placed an image of a Hawaiian Certification of Live Birth (COLB) on the Internet, which in

Hawaii per se is issued for all birth's registered by the State of Hawaii whether the human

being is born there or not, and as a prima facia fact means the Hawaii issued COLB does

not prove "natural born" citizenship or birth in Hawaii, only a long form document would.

21. Whether Hawaii was a territory or a state, historically it issued a COLB certifying

that the named person was born alive no matter where that may have been as evidenced by

the COLB; and for instance Sun Yat-sen was born on 12 November 1866 to a Hakka family

in the village of Cuiheng, Xiangshan (later Zhongshan) county, Guangzhou prefecture,



Guangdong province (26 km or 16 miles north of Macau), in the Empire of the Great Qing of

China. At age thirteen, Sun went to live with his elder brother, Sun Mei, in Honolulu. Sun

Mei, who was fifteen years Sun Yat-sen's senior, had emigrated to the Hawaiian Islands as

a laborer and had become a prosperous merchant. Sun Yat-sen studied at the Iolani School

where he learned English, mathematics and science. Originally unable to speak the English

language, Sun Yat-sen picked up the language so quickly that he received a prize for

outstanding achievement from King David Kalākaua. While at Iolani, he befriended Tong

Phong, who later founded the First Chinese- American Bank. After attending Iolani School,

from which he graduated in 1882, Sun enrolled in Oahu College (now Punahou School, the

same private school where BHO was educated) for further studies for one semester. He was

soon sent home to China as his brother was becoming afraid that Sun Yat-sen was about to

embrace Christianity, which he did, but he returned to Hawaii at least twice, in 1900 and

1901. In March 1904, he obtained a Certificate of live Hawaiian Birth, issued by the

Territory of Hawaii, stating he was born on November 24, 1870 in Kula, Maui, and just as

the BHO HI COLB alleges he also was alive at birth on August 4, 1961 in Honolulu Oahu

just like Sun was born on November 24, 1870 in Kula, Maui. The HI law as used remains

the same in meaning and intent, and that BHO dual allegiance and dual citizenship at

birth alone is more than sufficient to prove BHO ineligible.

22. A COLB issued to those who are "naturalized" in Hawaii is of questionable legal

issue contrary to U.S. Constitution Article 1 §8 Clause 4, Article I §9 Clause 1, Article 1 §10

Clause 1, and as a matter of first impression conflicts with the full faith and credit clause.

23. That Defendant SOEBARKAH at six years of age used the name given upon his

adoption by Lolo S. Soetoro Mangunharjo, an Indonesian colonel in General Suharto's

Armed Forces who had married Stanley Ann Obama, and as an Indonesian Citizen from six

years of age SOEBARKAH is presumed to have an Indonesian passport after removal from



the U.S. Passport of Stanley Ann Soetoro as released to Plaintiff on July 29, 2010 by the

U.S. Department of State.

24. That Defendant SOEBARKAH is not eligible for the Office of the President because

with the McCarran-Walter Act of 1952 as the controlling legal authority for the birth of

BHO, and especially when the transmission of British citizenship to BHO at birth no

matter where the location is proves a dual citizen at birth, as a treaty matter between

Britain and the USA, and that with the admission against interest of both Stanley Ann

Dunham Obama and Barack Hussein Obama Sr. in a marriage in Hawaii entered after

conception, in which both parents attribute Paternity to BHO Sr. without challenge at the

time of the March 20, 1964 divorce decree makes BHO Jr. a British subject with dual

citizenship and multi-allegiances at best that by the 1952 McCarran-Walter Act, therefore

BHO Jr. is not a Natural Born Citizen; and

25. Further, Defendant SOEBARKAH lost his U.S. citizenship when his mother married

an Indonesian citizen and became a naturalized citizen of Indonesia and in that Indonesia

does not recognize dual citizenship, and because Defendant SOEBARKAH did not take an

oath of allegiance to the USA when reaching the proper age while resident in the USA

retains Indonesian Citizenship having renounced his previous U.S. Naturalized citizenship

/ British Citizen status; and

26. Plaintiff furthermore alleges, that had SOEBARKAH followed up with his resident

status after 1971 while living with his Grandmother in Hawaii to become naturalized, he

failed to take an oath of allegiance when SOEBARKAH turned 18 years old to regain his

U.S. citizenship status, and then obtained school financing as a foreign exchange student in

Hawaii and again at Occidental College in Los Angeles as done at Columbia and Harvard,

at best has multiple citizenship status with allegiances to Indonesia, Great Britain, Kenya

perhaps; however is not a natural-born citizen of the United States and according to the



public record is not even a citizen of the United States, and therefore, ineligible for the

presidency with NBC Clause as mandated by the Defendant NYS BOE; and

27. The Defendant class of the New York State Democratic Party Committee Candidates

for Presidential Electoral College from the State of New York for Presidential Candidate

Barack Hussein Obama and Vice Presidential Candidate Joseph Biden (“Democrat Party

Elector Candidates”, “Democrat Party Elector Defendants”) as a class of elector candidates

Defendants certified with the New York State Board of Elections and related local entities

under New York state Election Law (EL) on or about September 24, 2008.

28. That on August 28, 2008 Defendant NANCY PELOSI individually with her place of

business located at Washington, D.C. Address 235 Cannon House Office Building

Washington, DC 20515-0508, and as chair failed to affirm for the Democratic National

Committee and DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK

(NYDP) the eligibility of BHO for ballot access in the State of New York November 4, 2008

General Election using the terms that “the following were duly nominated as candidates of

said Party for President and Vice President of the United States respectively:” and nowhere

affirms that the candidates are eligible as required by the NYS BOE as shown at its

website provisions citing Article II Section 1 Clause 5 in any of the several states and or

territories except for the State of Hawaii; however Defendant Pelosi as an admission

against interest also affirmed differently for Hawaii as follows:

29. That on August 28, 2008 Defendant Pelosi individually and as Chair affirmed the

alleged eligibility of BHO for ballot access in the State of Hawaii November 4, 2008 General

Election differently than done for any other state or territory including New York using the

terms that “the following candidates for President and Vice President of the United States

are legally qualified to serve under the provisions of the United States Constitution” as

certified for the Hawaii Secretary of State.



30. That on September 15, 2008, Defendant STATE COMMITTEE OF THE WORKING

FAMILIES PARTY OF NEW YORK STATE (NYWFP) by Robert P. Master Presiding

Officer affirmed the alleged eligibility of BHO and the electors for ballot access in the State

of New York November 4, 2008 General Election using the terms that “by majority vote of

the members present, voting by weighted ballot, nominate the following Working Families

Party candidates for office at the General election to be held November 4, 2008:” nowhere

affirms the Constitutional eligibility of BHO.

31. That the Democratic Party Elector Candidates are Velda Jeffrey, June F. O'Neill,

Dennis Mehiel, David A. Paterson, Andrew Cuomo, Thomas P. DiNapoli, Sheldon Silver,

Malcom Smith, Maria Luna, Robert Master, Pamela Green-Perkins, Helen D. Foster, Jon

Cooper, Hakeem Jeffries, Richard Fife, Deborah A. Slott, Terrence Yang, George Arthur,

George Gresham, Alan Van Capelle, Inez Dickens, Suzy Ballantyne, Alan Lubin, Bethaida

Gonzalez, Christine Quinn, William Thompson, Stuart Applebaum, Maritza Davila, Ivan

Young, Barbara Fiala, Frank A. Bolz, III.

32. That in November 2008 the Court rendered an opinion in association with the

Article 78 Petition 2008/29641 held that there is no breach of the State Constitution or bar

for any Electoral College Elector to hold more than one public office for compensation and

that all the democratic electors were duly served notice of both actions including the

underlying complaint herein regarding the improper ballot access for Barack Hussein

Obama before the November election, and that otherwise Plaintiff is damaged and injured

as a result of the Democratic Electors breach of duty as to ballot access for Presidential

Candidates Obama, McCain, and Calero.

33. Plaintiff seeks a decision by the Court as to whether or not the Candidate(s) are

eligible for Office of President of the United States (POTUS) as required with the United

States Constitution Article 2 Section 1 Clause 5 as required as a regulation by the New



York State Board of Elections including inter alia based upon the Certificate of Live Birth

published August 21, 2008 by Annenberg Political Fact Check at FactCheck.org

http://www.factcheck.org/elections-2008/born_in_the_usa.html ; and that as a prima facie

matter Plaintiff seeks a Court decision herein as to whether or not Obama in fact has Dual

Allegiance, is not a Natural Born Citizen per se but merely a Native-Born citizen if that;

because BHO Jr.’s father, BHO Sr., is a British subject with a student visa at that time,

and is shown to be the purported father of BHO Jr. by both the newspaper announcement

and the COLB shown by Fact Check.org; and therefore, at best BHO Jr. is only a "Native"

born citizen, if that, with only one U.S. Citizen parent mother as a minor at his birth, and

that without two U.S. Citizen parents - BHO Jr. is NOT a "Natural" born citizen at best is

“Native” born - no matter where BHO was born the HI COLB does not prove NBC status;

34. That Defendant ROGER CALERO (Defendant Calero, Presidential Candidate) with

place for service located at the Committee Address: 1000 Grand Concourse, #4A Bronx, NY

10451, was born in Nicaragua in 1969. He and his family fled via Los Angeles, California in

1985. Calero is now a permanent resident alien (holding a green card) since 1990. While in

Los Angeles, Calero joined a socialist movement and helped mobilize support against

Proposition 187 in the early 90s, and is presumed to have filed a certification for ballot

access through the respective Defendant Socialist Worker’s Party Committee, but is not a

natural-born U.S. Citizen with the U.S. Constitution Article II Section 1 Clause 5 as

mandated by the Defendant NYS BOE.

35. In that on April 10, 2008 as part of the scheme to defraud, U.S. Senator Barack

Hussein Obama was the Sponsor of the U.S. Senate sense resolution S 511 along with other

U.S. Senators Mrs. MCCASKILL, Mr. LEAHY, Mr. COBURN, Mrs. CLINTON, and Mr.

WEBB, and who maliciously submitted the S 511 resolution knowing it was false as to the

natural-born Citizen status of Senator John Sidney McCain III, in violation of 18 USC



§1001; and in which S 511 was referred to the Committee on the Judiciary then to the U.S.

Senate as a fraud upon Congress and the People of the several states and territories

contrary to the facts stated:

“Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936:”

36. That U.S. Senator Barack Hussein Obama acknowledges endorsing Senate

Resolution 511 that one needs two (2) U.S.A. Citizen parents at birth to be qualified to be a

natural born citizen.

37. Further by U.S. Senate resolution is underscored and confirmed by the Honorable

United States District Judge Michael Chertoff then serving as the Secretary of Homeland

Security in testimony under oath before the U.S. Senate Committee and as reprinted in the

Congressional Record pages S2950 and S2951 stated:

CHERTOFF. “My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen.”

38. That on November 30, 2007, Barack Hussein Obama II, and on October 9th 2007,

John Sidney McCain III each affirmed an affidavit for the Arizona Secretary of State to

gain ballot access in the Arizona 2008 Presidential Preference Election Ballot and that both

affirmations were duly filed with the AZ Secretary of State who certified each affirmed:

““I do solemnly swear (or affirm) that all the information in this Nomination Paper is true, that as to these and all other qualifications, I am qualified to hold the office that I seek, having fulfilled the United States constitutional requirements for holding said office. I further swear (or affirm) that I have fulfilled Arizona's statutory requirement for placing my name on the Presidential Preference Election ballot.”

39. That on November 4, 2008, Plaintiff, as a victim of the scheme to defraud, voted for

the electors representing the Republican Party Presidential Candidate John Sidney McCain

III (McCain), that based upon information and belief that McCain was alleged to be a

natural-born Citizen and whom subsequently did not obtain sufficient votes to win the



winner take all Electoral College from New York; and thereafter was discovered not a

natural-born U.S. Citizen.

40. That Defendant JOHN SIDNEY MCCAIN III individually with place of business

located at Washington Office: 241 Russell Senate Office Building Washington, DC 20510,

41. In good faith with the alleged NBC status as part of the scheme to defraud, Plaintiff

voted for Candidate McCain despite the fact that his wife is a most devoted Roman Catholic

whose two sons were educated by Jesuit priests went to Brophy Prep, School where Mrs.

McCain is a member of Brophy's board of regents and where the McCains have been

generous supporters of Brophy by support of vouchers for Catholic schools like Brophy.

42. Unbeknownst to Plaintiff, Father Edward Reese S.J., who is the brother of Fr.

Thomas J. Reese S.J., (former editor of America and senior fellow at the Woodstock

Theological Center at Georgetown University), spoke in support for Candidate McCain at

the Republican National Convention at the direction of the Jesuits at Fordham University

controlling the Archbishop of New York City and the Jesuits of Georgetown University

controlling the Archbishop of Washington, DC; and notwithstanding the requirements of

the Vienna Convention of Consular Affairs that agents of a sovereign state not interfere

with the domestic affairs of the USA.

43. Defendant John Sidney McCain III was born on August 29, 1936 in Colon Hospital,

Colon Panama, according to the Panama Canal Health Department not in the Panama

Canal Zone, which is authenticated by Donald Lynn Lamb representing the Panama

Railroad Company with authority over the Hospital in Colon; and

44. That according to the Hay-Banau-Varilla Treaty of November 18, 1903 that has 26

articles in which the two pertinent to the status of the city of Colon under that Treaty refer

to the Convention for the Construction of a Ship Canal says that the Colon Panama, the

birth city cited on McCain’s 1936 long form birth certificate where he was witnessed being



born, and where his parents resided, Colon, Republic de Panama, is not part of the Canal

Zone, quote:

ARTICLE I The United States guarantees and will maintain the independence of the Republic of Panama. ARTICLE II The Republic of Panama grants to the United States in perpetuity the use, occupation and control of a zone of land and land under water for the construction maintenance, operation, sanitation and protection of said Canal of the width of ten miles extending to the distance of five miles on each side of the center line of the route of the Canal to be constructed; the said zone beginning in the Caribbean Sea three marine miles from mean low water mark and extending to and across the Isthmus of Panama into the Pacific ocean to a distance of three marine miles from mean low water mark WITH THE PROVISO THAT THE CITIES OF PANAMA AND COLON and the harbors adjacent to said cities, WHICH ARE INCLUDED WITHIN THE BOUNDARIES OF THE ZONE ABOVE DESCRIBED, SHALL NOT BE INCLUDED WITHIN THIS GRANT…” (Emphasis by Plaintiff)

and therefore, Defendant McCain is not a natural-born Citizen as he was not born on U.S.

Territory or the USA and is not eligible for the Presidency with the U.S. Constitution

Article II Section One Clause 5 as mandated by the Defendant NYS BOE.

45. The New York State Republican Party Committee Candidates for Presidential

Electoral College from the State of New York for Presidential Candidate John S. McCain

and Vice Presidential Candidate Sarah Palin as a class of elector candidate Defendants

certified with the Defendants NYS BOE and Secretary of State and by related local entities

under New York state Election Law (EL) on or about September 24, 2008.

46. That on September 4, 2008, Defendant JOHN A. BOEHNER, individually with place

of business located at Washington, D.C. Office 1011 Longworth H.O.B. Washington, DC

20515, and as Chairman affirmed for the Republican National Committee and Defendant

THE NEW YORK STATE REPUBLICAN STATE COMMITTEE (NYRP) the alleged

eligibility of McCain for ballot access in the State of New York November 4, 2008 General

Election using the terms that “the following person, meeting the constitutional

requirements for the Office of President of the United States,”



47. Defendant John Boehner, when pressed on the BHO eligibility issue said: "The state of

Hawaii has said that President Obama was born there. That's good enough for me."

48. That on September 21, 2008, Defendant THE NEW YORK STATE COMMITTEE

OF THE INDEPENDENCE PARTY (NYIP) by Frank McKay Chairman affirmed the

alleged eligibility of McCain and the electors for ballot access in the State of New York

November 4, 2008 General Election using the terms that “do hereby certify that the

following persons were duly nominated by majority vote for the office of President and Vice

President of the United States”

49. That on September 22, 2008, Defendant STATE COMMITTEE OF THE

CONSERVATIVE PARTY OF NEW YORK STATE (NYCP) by Michael R. Long Chairman

affirmed the alleged eligibility of McCain and the electors for ballot access in the State of

New York November 4, 2008 General Election using the terms that “do hereby certify that

the following persons were duly nominated by majority vote for the office of President and

Vice President of the United States”

50. There are 31 Candidates for the Republican Party Committee Presidential Elector

Slate under the names: Jesus Garcia, Gary Melius, Roger C. Bogsted, Lawrence Kadish,

Angelo Corva, Katherine A. James, Fred Ramstel, Debra Leible, Jane E. Deacy, Diane

Haslett Rudiano, Myrtle G. Whitmore, Richard Alicea, Jim Tedisco, Jim Kerr, Denice

Johns, Ed Cox, Doug Colety, Vincent Reda, Louis Liotti, Jasper Nolan, Kathy Jimino, Bijoy

Datta, James Ellis, Michael Nouolio, William Gilberti, Jr., Dean Skelos, James

Domalgalski, Henry Wojtaszek, Thomas D. Cook, Joseph N. Mondello, Rudy Giuliani

(member of SMOM) on the ballot at the November 4, 2008 General Election.

51. That Defendant NYS BOE and its agents have not provided the ballot certification

requested with Plaintiff’s FOIL for Roger Calero’s Committee with THE SOCIALIST



WORKERS PARTY, the DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW

YORK and or THE NEW YORK STATE REPUBLICAN STATE COMMITTEE and others.

52. Plaintiff, along with those similarly situated, suffers injury to his individual

sovereignty as guaranteed under New York State Civil Rights Law Chapter 6 Section 2 as a

sovereign citizen of the State of New York that here guarantees the Supreme sovereignty in

the people; and whereas, no authority can, on any pretence whatsoever, be exercised over

the citizens of this state, but such as is or shall be derived from and granted by the people

of this state; is denied equal treatment under Article 1 Section 11 of the NYS Constitution.

SECOND CAUSE OF ACTION

(Scheme to defraud Plaintiff and those similarly situated as against all Defendants)

53. Plaintiff repeats each and every allegation contained in the First Cause of Action

with the same force and effect as though herein set forth at length.

54. ALL Defendants act in the scheme to defraud Plaintiffs and those similarly situated

in denial of a reasonable expectation of successful participation in the suffrage process in

conjunction with the private organizations known as the Council on Foreign Relations with

an exclusive secret oath superseding any oath to the U.S. and or respective State

Constitution (CFR) and Sovereign Military Order of Malta (SMOM) directed by the Jesuit

General, used Zbigniew Brzezinski, George Soros, Fethullah Gulen with Fr. Thomas Michel

S.J. and the Gulen Movement with the Muslim Brotherhood here in Brooklyn (as with

Soebarkah and Fr. Gregory Galluzzo, S.J.) to recreate a worldwide Caliphate, in a push for

destruction of the Al-Aqsa Mosque to be blamed on the USA Military as the Stage Three

described in U.S. DOS Publication 7277 to facilitate the final temple of Babylon using the

Manchurian candidates: Soebarkah since 1995 who co-authored Dreams from My Father

and Republican Guard candidate McCain since 1999 who co-authored, Faith of My Fathers



and who both act together to reduce the United States of America to a mere territorial

region without sovereignty.

55. The actual scheme to defraud the voters in 2008 began in earnest on February 22,

2006 when the Editor of the Chicago-Kent Law School Law Review, Sarah P. Herlihy

(Kirkland & Ellis LLP), published a memorandum with approved edits of 11-23-05 entitled

AMENDING THE NATURAL BORN CITIZEN REQUIREMENT: GLOBALIZATION AS

THE IMPETUS AND THE OBSTACLE at Vol. 81: 275 , and with a special footnote

designating the author has a J.D. from Chicago-Kent College of Law, 2005 and “that the

author would like to thank Professor Graeme Dinwoodie, and the 2004–2005 Globalization

and Its Effect on Domestic Law Seminar Class for their valuable comments and insights on

this Note.” (see http://www.scribd.com/doc/48927079)

56. The key to understanding the scheme to defraud the voters in 2008 is the way the

circumvention of U.S. Constitution Article 2 Section 1 Clause 5 required two not one

version of a candidate with flaws Barack Hussein Obama II and John Sidney McCain III.

57. That in the Herlihy memorandum Part one of the paper provides a brief history and

overview of the natural born citizen requirement. Part two discusses the rational reasons

for abolishing this requirement and describes why the increase in globalization makes

abolishing the natural born citizen requirement more necessary than ever. Part three

presents the arguments against allowing naturalized citizens to be eligible for the

presidency and identifies common beliefs about globalization that will cause Americans to

rely on emotion and oppose a Constitutional amendment.

58. That according to Sarah P. Herlihy’s resume on line with the International Law firm

of Kirkland & Ellis LLP in Chicago after Ms. Herlihy was the Law Clerk to the Honorable

Michael M. Mihm, United States District Court for the Central District of Illinois, 2005 –

2006 she has been employed by the firm and in the resume she is listed with receiving the



award of the Order of the Coif whose various members of the Society are traced throughout

the Obama support network working in the conspiracy with the Candidates and Campaign

Defendants.

59. That a Principal of Kirtland & Ellis LLP, Bruce I. Ettelson, P.C., is Member of

finance committees of U.S. Senators Barack Obama and Richard Durbin.

http://www.kirkland.com (towards bottom of the page) In addition to members of the firm

making donations to the Obama campaign , Jack S. Levin, P.C., another partner who, in

December 2002 was presented the ” Illinois Venture Capital Association’s lifetime

achievement award for service to the private equity/venture capital community” presented

by Illinois Senator Barack Obama.

60. That Kirtland & Ellis LLP is a global firm with powerful international clients listed

on the website that span the business affairs of the Sovereign Military Order of Malta,

including the current client British Petroleum, and includes among its attorneys SMOM

member John Robert Bolton the prior administration’s U.S. United Nations Ambassador.

61. The Jesuits, SMOM, CFR and OPUS DEI (documented by Plaintiff in the EDNY

Case Strunk v CIA et al. 08-cv-1196) are agents of the Holy See and the Vatican sovereign

state, as agents fail to follow 18 USC Chapter 45, Vienna Conventions and related law.

62. Plaintiff’s expert witness Eric Jon Phelps affirms that the CFR and its affiliates, overseen

by the Archbishop of New York City and his Knights of Malta at the direction of the Pope of

Rome on orders of the Jesuit General, are to rebuild the Kingdom of Babylon including the City

of Babylon. This quest will be pursued under the guise of establishing a new Sunni Caliphate

with its capital in Baghdad after the destruction of the Temple Mount Mosques as well as Mecca

and Medina, which destruction will be blamed upon the USA during this present Papal Crusade

in the Middle East. There will be built a Third Hebrew Temple in Jerusalem and a Temple in



Babylon. The dicta of the Vatican mandates the Kingdom of Babylon, from Dubai to Baghdad,

will be the new economic capital of the world headed by the final Pope of Rome, murdered and

risen from the dead to be the Antichrist/Man-Beast/King of Babylon.

63. On May 28, 2010, in an radio interview with Eric Jon Phelps, in the context of a review

of Hosea 3:4-5; 6:1-2 and Romans 11:25, Count Vittorio Vivaldi III of Venice Italy proves

Islam is a Creation of the Vatican stated: “The Papacy created Islam to annihilate the Pope’s

Jewish and non-Roman Catholic Christian enemies.” States, “the Koran was completed in 649

AD Rome under Pope Theodore I…it appears, however, after further review, the Koran was

completed in 632 AD during the pontificate of Pope Honorius I (625-638 AD), later accursed by

Rome as a “heretic.”

64. And for which Count Vivaldi confirms what the ex-Jesuit priest, Alberto Rivera

stated in an interview of December 11, 2001 of How the Vatican created Islam

(see transcript at http://www.scribd.com/doc/48923143 ), which was told to him by Jesuit

Cardinal Augustin Bea while he was at the Vatican, and that based upon secret records in

the Vatican Library confirm starting in the third century the Vatican desperately wanted to

control Jerusalem acted through the Augustinian Monks to create Mohammed as the

Islamic messiah, wrote the Koran whose manuscripts are at the Vatican and prove "The

pope moved quickly and issued bulls granting the Arab generals permission to invade and

conquer the nations of North Africa. The Vatican helped to finance the building of these

massive Islamic armies in exchange for three favors”

65. To that end, both CFR members Zbigniew Kaimierz Brzezinski and George Soros

(aka George Schwartz) are directed by the Knight of Malta Peter G. Peterson, senior chair

and co-founder of The Blackstone Group, founding chair of the Institute for International

Economics, and chair of the Council on Foreign Relations.



66. That Defendant ZBIGNIEW KAIMIERZ BRZEZINSKI, (Defendant Brzezinski)

individually with his place of business at Columbia University in the City of New York

School of Foreign Affairs 2960 Broadway New York, NY 10027-6902, is both a blood

member of the SMOM on "the right" and of the Scottish Rite Freemason Grand Lodge of

Philadelphia on "the left" working for the Jesuits against the sovereign interest of the USA

and plaintiff along with those similarly situated;

67. Defendant Brzezinski as a CFR member and founding member of the Trilateral

Commission, and as National Security Advisor to five presidents maintains the belief that:

"In the economic-technological field, some international cooperation has already been achieved, but further progress will require greater American sacrifices. More intensive efforts to shape a new world monetary structure will have to be undertaken, with some consequent risk to the present relatively favorable American position." "The technotronic era involves the gradual appearance of a more controlled society. Such a society would be dominated by an elite, unrestrained by traditional values. Soon it will be possible to assert almost continuous surveillance over every citizen and maintain up-to-date complete files containing even the most personal information about the citizen. These files will be subject to instantaneous retrieval by the authorities."

68. Defendant Brzezinski‘s world outlook and agenda by evidence of writings acts for the

Society of Jesus that eclipses all other influences on SOEBARKAH, McCain and Calero.

69. That Defendant Brzezinski has managed a crucial role for the Vatican State as a

member of the SMOM and as a Freemason of the Philadelphia Grand Lodge to create global

regionalism that subsumes national sovereignty and as Former National Security Adviser

to President Carter expressed his view of regionalism at Mikhail Gorbachev’s October 1995

State of the World Forum, that quote:

“We cannot leap into world government in one quick step...The precondition for eventual globalization — genuine globalization — is progressive regionalization.”

70. In August 2007, Brzezinski endorsed Democratic presidential candidate Barack

Hussein Obama II. He stated that Obama "recognizes that the challenge is a new face, a

new sense of direction, a new definition of America's role in the world." Also saying, "What



makes Obama attractive to me is that he understands that we live in a very different world

where we have to relate to a variety of cultures and people."

71. In September 2007 during a speech on the Iraq war, Soebarkah introduced

Brzezinski as "one of our most outstanding thinkers," but some questioned his criticism of

the Israel lobby in the United States.

72. In a September 2009 interview with The Daily Beast, Brzezinski replied to a

question about how aggressive President Obama should be in insisting Israel not conduct

an air strike on Iran saying: "We are not exactly impotent little babies. They have to fly

over our airspace in Iraq. Are we just going to sit there and watch?" This was interpreted as

supporting the U.S. downing Israeli jets to prevent an attack on Iran.

73. Defendant Brzezinski is on the faculty of Columbia University from 1960 and is now

emeritus, was on the faculty of Harvard University 1953-60. Ph.D., Harvard University,

1953; B.A. and M.A., McGill University 1949 and 1950; and holds Jesuits honorary degrees

from Georgetown University, Williams College, Fordham University, College of the Holy

Cross, Alliance College, the Catholic University of Lublin, Warsaw University, the

University of Tbilisi, the University of Vilnius, the Ukrainian Free University, the

Jagiellonian University, Comenius University (Bratislava); Tashkent University; Baku

State University (Azerbaijan);

74. That Defendant Brzezinski advised CFR members SOEBARKAH and McCain whose

campaigns used his sons, Mark who was a member of the advisors in the SOEBARKAH

Campaign and Ian who was an advisor on the McCain Campaign, all done in exchange for

his sons’ government employment and furtherance of the enterprise corruption associated

with funding raising done by George Soros and King Juan Carlos.

75. Defendant IAN J. BRZEZINSKI individually has his place of business is located at

The Atlantic Council Headquarters 1101 15th Street, NW, 11th Floor Washington, D.C.



20005 U.S.A. Tel: (202) 463-7226 Fax: (202) 463-7241; he is son of Polish American political

scientist, geostrategist, and statesman Zbigniew Brzezinski, brother of American lawyer

and foreign policy expert Mark Brzezinski.

76. Defendant Ian J. Brzezinski was the Foreign policy advisor to the campaign of John

Sidney McCain III.

77. Ian Joseph Brzezinski is a Senior Fellow in the International Security Program and

is on the Atlantic Council’s Strategic Advisors Group. During George W. Bush presidency of

the United States, he served as Deputy Assistant United States Secretary of Defense for

Europe and NATO Booz Allen Hamilton, Inc. providing policy and technical support to U.S.

combatant commands and foreign clients. Policy (2001–5). Brzezinski is frequent

contributor of American press on foreign policy issues today; he leads the Brzezinski Group

at the Atlantic Council, which provides strategic insight and advice to government and

commercial clients.

78. Defendant MARK BRZEZINSKI is an American lawyer and foreign policy expert

place of business is located at McGuire Woods LLP 2001 K Street N.W. Suite 400

Washington, D.C. 20006-1040 T: 202.857.1717 F: 202.828.2989

[email protected]

79. He is the son of Polish-born former National Security AdvisorZbigniew Brzezinski.

Brzezinski graduated from Dartmouth College with a Bachelor of Arts in government,

earned a J.D. from the University of Virginia Law School, and holds a D.Phil. in political

science from Oxford University. He also earned a Fulbright Scholarship to study the Polish

Constitutional Court. He was a corporate and securities associate at Hogan & Hartson LLP

in Washington, D.C. from 1996-1999. From 1999-2001, Mr. Brzezinski served in the Clinton

administration as a director of Russian/Eurasian — and later Southeast European affairs -

of the National Security Council at the White House. In that capacity, he was White House



coordinator for U.S. democracy and rule of law assistance programs for the region. He is

currently a partner in the Washington, D.C. office of the law firm McGuireWoods, where he

manages the international practice.

80. Defendant Mark Brzezinski was a foreign policy advisor to the presidential

campaign of Barack Hussein Obama II.

81. That Plaintiff with those similarly situated are denied individual 1st, 5th , 9th and

10th amendment rights to sovereignty and a republican form of government as well as

financial injury for the cost of the 2008 election cycle in New York..


Does are part of an enterprise who have overthrown the government of the United States in

conjunction with SOEBARKAH, Joseph Biden, McCain, Calero and their agents at the

state and national level with those other candidate elector slates of other states of the

several states.

83. Defendant SOEBARKAH and Defendant McCain as part of Soebarkah’s’ Republican

Guard committed perjury before a Federal Officer in violation of 18 USC §1001 as part of

the racketeering enterprise corruption.

84. That Defendants infringe Strunk’s individual liberty, expectation of a republican

form of government, and burden his expectation of effective participation in the general

election were the laws not enforced in good faith with the duties of their office.

85. Plaintiff is the only person in the USA to have duly fired fired fired BHO on

January 23, 2009 by registered mail (rendering BHO the USURPER as Plaintiff is entitled

to characterize BHO as) on the grounds that he had not proven himself eligible to be the

administrator / trustee of Plaintiff’s private account at the U.S. Treasury as required by

U.S. Constitution Article 2 Section 1 clause 5 with a pending Replevin matter in the

District of Columbia; and all acts by the usurper are void ab initio – a serious problem!



86. Further, that the Honorable Justice David I. Schmidt in the NYS Supreme Court

Case Strunk v. Paterson et al. in the County of Kings with index 08-29642 declined to sign

a subpoena order to obtain document records of Stanley Ann Dunham (SAD) from US DOS,

and that thereby forced Plaintiff as the only alternative to obtain the passport records of

SAD in FOIA case DCD 08-cv-2234;

87. Further, that Plaintiff FOIA case in Washington D.C. DCD 08-cv-2234 (RJL)

presently has a decision pending on a Summary Judgment that Plaintiff opposes, as there

has been a preponderance of evidence showing that federal parties and those yet named

have committed a fraud upon that court and have violated 18 USC §1001.

88. Further, that not all the requested documents are now essential for the continuation

of Plaintiff’s action before Justice David I. Schmidt as here demonstrated.

89. Furthermore, New York State Board of Elections individuals; the New York State

Secretary of State individually, the New York State Attorney General Andrew Cuomo

individually as an elector along with John and Jane Does have conspired inter alia for a

breach of fiduciary duties under color of state law enacted by the State Legislature to

protect Plaintiff’s along with those similarly situated right to a reasonable expectation of

participation and success with a proper ballot for the New York electoral college election of

the 2008 president and vice president of the United States of America in accordance with

United States Constitution Article 2 Section 1 Clause 5.

THIRD CAUSE OF ACTION

(Scheme for Unjust Enrichment, against All Defendants)

90. Plaintiff repeats each and every allegation contained in the First through Second


91. That based upon information and belief Russia, Iran , Syria, Saudi Arabia,

Indonesia, Lebanon, Nigeria, Libya, Egypt, Dubai among other sovereign foreign entities



and persons have illegally contributed to the campaign of Defendant SOEBARKAH who

spent $738,812,857 to seize control of the White House and is 46% of the total money raised

for all candidates in the 2008 Presidential Election that compares to three hundred and ten

million spent by Defendant McCain; and as part of the scheme to defraud the Vatican Bank

was used as an intermediary for transfer of funds into its USA landing Banks in New York

that with the release of the banking records of the SOEBARKAH campaign committee will

show substantial illegal foreign involvement to launder funds to buy the presidency as

previously done in the instance of James Riady of the Indonesian Lippo Group for Bill

Clinton in 1992 was not convicted by the DOJ until January 11, 2001.

92. Defendant GEORGE SOROS (a.k.a. George Schwartz) with place for service at Soros

Management 888 7th Avenue Suite 3300 New York, NY 10106, is a Member of: the Council on

Foreign Relations, the Carlyle Group, Major Stockholder: Halliburton, Financial Backer of

Barack Hussein Obama, Friend of Rupert Murdoch (1), and a high level Freemason.

93. Defendant George Soros proves his allegiance to Rome by promoting Muslim

Brotherhood overt control of Egypt---now a reality. We cannot forget that the Jesuits in

Cairo created the Muslim Brotherhood in 1928, the same year the Order created Opus Dei

in Spain. Egypt is to be the staging base for an Islamic invasion into Israel from the South-

--somewhat like the 1973 Yom Kippur War that was intended not to succeed in destroying

the Pope's Revived Latin Kingdom of Jerusalem (Israel) as the Third Temple must be built

with Jews in Jerusalem acting as a buffer between the Pope's Masonic Labor Zionist

leaders of Israel and resident Arab Muslim "Palestinians," the invasion will serve as the

justification for a US and possible EU military intervention during which time the Temple

1 Rupert Murdoch is a Member: Council on Foreign Relations, Knights of St. Gregory, Owner: Fox News Network and News Corp / Twentieth Century Fox, Friend of George Soros, Occult Protector of Barack Hussein Obama Bill O’Reilly – The O’Reilly Factor and Glenn Beck



Mount Mosques will be destroyed, and that destruction will be blamed on the U.S.A.

thereby inciting the unity of international Sunni Islam and its future invasion of U.S. soil.

94. According to investigative Journalist Aaron Klein, as of February 10, 2011,

Defendant Soros created an international securities fund for the “Country of Palestine”, in

which Defendants Soebarkah and Soros are major shareholders to benefit.

95. Investigative journalist Aaron Klein, Jerusalem bureau chief for World Net Daily,

reports of collaborative actions of both Defendants Soros and Brzezinski that:

An international “crisis management” group led by philanthropist billionaire George Soros has long petitioned the Egyptian government to normalize ties with the Muslim Brotherhood. The International Crisis Group, or ICG, also released a report urging the Egyptian regime to allow the Brotherhood to establish an Islamist political party. The ICG includes on its board Mohamed ElBaradei, one of the main opposition leaders in Egypt, as well as other personalities who champion dialogue with Hamas, a violent offshoot of the Muslim Brotherhood. In a June 2008 report entitled “Egypt’s Muslim Brothers Confrontation or Integration,” Soros’ ICG urges the Egyptian regime to allow the group to participate in political life. The report dismisses Egypt’s longstanding government crackdown on the Muslim Brotherhood as “dangerously short-sighted.” The ICG report called on President Hosni Mubarak’s regime to “pave the way for the regularization of the Muslim Brothers’ participation in political life,” including by allowing for the “establishment of a political party with religious reference.” The ICG specifically stressed allowing the Brotherhood to serve as an Islamist party several times in its 2008 report. The ICG and its personalities have long petitioned the Muslim Brotherhood to be allowed to join the Egyptian government. WND reported earlier this week Soros is one of eight members of the ICG executive committee. ElBaradei suspended his board membership in the ICG two weeks ago, after he returned to Egypt to lead the anti-Mubarak protests.



U.S. board members include Zbigniew Brzezinski, who was national security adviser to Jimmy Carter; Samuel Berger, who was Bill Clinton’s national security adviser; and retired U.S. ambassador Thomas Pickering, who made headlines in 2009 after meeting with Hamas leaders and calling for the U.S. to open ties to the Islamist group. Another ICG member is Robert Malley, a former adviser to Obama during the 2008 presidential campaign who resigned after it was exposed he had communicated with Hamas. WND first reported Malley had long petitioned for dialogue with Hamas. The ICG defines itself as an “independent, non-profit, multinational organization, with 100 staff members on five continents, working through field-based analysis and high-level advocacy to prevent and resolve deadly conflict.” Meanwhile, Soros also has other ties to opposition groups in the Middle East. His Open Society Institute’s Middle East and North Africa Initiative has provided numerous grants to a wide range of projects that promote so-called democratic issues across the region, including in Egypt, where the Muslim Brotherhood stands to gain from any future election. Soros’ Open Society also funded the main opposition voice in Tunisia, Radio Kalima, which championed the riots there that led to the ouster of President Zine El Abidine Ben Ali. In September, Soros’ group was looking to expand its operations in Egypt by hiring a new project manager for its Egyptian Initiative for Personal Rights, which is run in partnership with the Open Society Justice Initiative. The group is seeking to develop a national network of legal empowerment actors for referral of public-interest law cases. Such organizations in the past have helped represent Muslim Brotherhood leaders seeking election or more authority in the country. Soros himself on Friday made public statements in support of the protests in Egypt, which the Mubarak government has warned will result in the rise of the Muslim Brotherhood in the country. In a Washington Post editorial entitled, “Why Obama Has to Get Egypt Right,” Soros recognized that if free elections were held in Egypt, “the Brotherhood is bound to emerge as a major political force, though it is far from assured of a majority.” He stated the U.S. has “much to gain by moving out in front and siding with the public demand for dignity and democracy” in Egypt. He claimed the “Muslim Brotherhood’s cooperation with Mohamed ElBaradei … is a hopeful sign that it intends to play a constructive role in a democratic political system.” Soros did not mention his ties to ElBaradei. Soros did, however, single out Israel as “the main stumbling block” in paving the way toward transition in the Middle East.



“In reality, Israel has as much to gain from the spread of democracy in the Middle East as the United States has. But Israel is unlikely to recognize its own best interests because the change is too sudden and carries too many risks,” he wrote.

96. Defendant George Soros and his agents bundled foreign donations for the Soebarkah

Campaign with the Vatican landing bank JP Morgan Chase in New York state (2).

97. That Defendant Soros has managed a crucial role for the Vatican State as a member

of the CFR and high level Freemasonry and in conjunction with King Juan Carlos to create

global regionalism that subsumes national sovereignty of the USA and the People of New

York state to the detriment of plaintiff and those similarly situated.

98. Each of the Candidate Defendants and their agents have been unjustly enriched by

the referenced activities to disrupt the election without assuring a duly eligible Presidential

Candidates for the Republican, Democrat and Socialist Workers party under color of state

law, that violates Plaintiff’s and those similarly situated State voter right, imposing

expense as a taking as applies in its entirety with election costs levied upon real property.

2 There are three direct Vatican Banking mechanisms used to channel money into the

United States: (i) The Vatican Bank number UID# 014780 BIC/SWIFT : IOPRVAVX a.k.a ISTITUTO PER

LE OPERE DI RELIGIONE of VATICAN CITY in the VATICAN CITY STATE and for which there are seven (7) banking participants as the landing banks for international wire transfers into the USA and who directly benefited by putting Obama into office: 0001 THE BANK OF NEW YORK MELLON; 0002 JPMORGAN CHASE BANK, N.A.; 0008 CITIBANK, N.A.; 0103 DEUTSCHE BANK TRUST CO AMERICAS; 0108 HSBC BANK USA; 0256 STANDARD CHARTERED BANK; 0509 WELLS FARGO NY INTL FKA WACHOVIA; needless to say the Vatican Bank and the participating banks are generally owned by the Vatican through the Rothschild who have managed the Vatican asset since 1824 and keep that control tightly within the family circle even as far back as Alexander Hamilton who having married a Rothschild cousin setup the Bank of New York in 1784 that only after great effort became chartered after 1791 when he became the US Treasurer; and

(ii) further, the International Catholic Union of the Press (UCIP) is used for the World Forum of Professionals and Institutions in Secular and Religious Media with the Address: UCIP, CP 197, 1211 Geneva 20, Switzerland and the Vatican name of the account holder: UCIP with the name of the Bank: IOR, Vatican Swiftcode: IOPRVAVX Account number in Europe: 16586001 http://www.ucip.ch/une/ib.htm and in which the Vatican Interbank clearing account in the US is with JPM CHASE MANHATTAN BANK NEW YORK Account no.: 001-1-97500; and

(iii) further yet, The Vatican Bank: ISTITUTO PER LE OPERE DI RELIGIONE = INSTITUTE FOR THE RELIGION WORKS in which the Institute for Works of Religion (Italian: Istituto per le Opere di Religione - IOR) commonly known as Vatican Bank was formed during World War 2 and is located inside the Vatican City.



99. That Defendant SOEBARKAH used campaign finance committees nationally and in

New York State according to records maintained by the Defendant NYS BOE include but

are not limited to: OBAMA FOR AMERICA by Martin H. Nesbitt, Treas. PO Box 8102

Chicago, IL 60680 ; OBAMA VICTORY FUND by Andrew Tobias, Treas. 430 South

Capitol Street SE Washington DC 20003; among others used exclusively in New York state;

and that Defendant Soebarkah conspired with Defendant Nancy Pelosi individually with

place of business located at Washington, D.C. Address 235 Cannon House Office Building

Washington, DC 20515-0508, along with the DEMOCRATIC STATE COMMITTEE OF

THE STATE OF NEW YORK located at 461 Park Avenue South New York, NY 10016 ,

STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE

located at 2-4 Nevins Street Floor 3 BROOKLYN, NY 11217 and XYZ JOINT

FUNDRAISING COMMITTEES to use the funds associated with the campaign.

100. That Defendant John Sidney McCain III, individually then located at 3501 North

24th Street Phoenix, AZ 85016 used campaign finance committees nationally and in New

York state according to records maintained by the Defendant NYS BOE, and that include

but are not limited to the MCCAIN VICTORY 2008 located at 228 S WASHINGTON ST

STE 115 ALEXANDRIA, VA 22314; MCCAIN-PALIN VICTORY 2008 & The New York

Finance Committee Road to Victory Tour located at 228 S WASHINGTON ST STE 115

ALEXANDRIA, VA 22314, and that Defendant John Sidney McCain located at Campaign

Address 2211 East Camelback Road Phoenix, AZ 85016 and place of business at

Washington, D.C. Address 241 Russell Senate Office Building Washington, DC 20510,

conspired with Defendant John A. Boehner, individually along with THE NEW YORK

STATE REPUBLICAN STATE COMMITTEE located at 315 STATE ST, ALBANY, NY

12210-2001 , THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY

located at Frank MacKay, Chairman Independence Party of New York State PO BOX 871

Strunk v. NYS BOE e t al. NYS Supreme Court County of Kings 29642-08

Lindenhurst, NY 11757, STATE COMMITTEE OF THE CONSERVATIVE PARTY OF

NEW YORK STATE located at 486 7- STREET BROOKLYN, NY 11209, and XYZ

J O ~ ~ ~ S I N G COnIMTCEB to use the funds associated with the campaign.

101. That D e 5 d a n t R6ger Calero, individually used campaign h c e committees

nationally and in New York state according to records maintained by the Defendant NYS

BOE, and that include but are not limited to persons associated with THE SOCIALIST

WORKERS PARTY located at Committee Address: 1000 Grand Concourse, #4A Bronx, NY

10451, read more: htto~/www.u~-data.com/eled)8IC~RO.h~~14RI~R4iu , and

XYZ JOIZVTFDNDRATSING COMM7777XESto use associated funds with the campaign.

102. That all the Defendants are liable having been culpable to jointly and severally aid

and abet soliciting and false billing of Defendant Presidential Candidate campaigns with

associated funds from the New York state taxpayers in the excess of say $10,000,0~0.00 or

more, are liable for the cost of elections, with interest, and coat of suit caused by the fraud.

WHEREFORE, Plaintiff wiahes a preliminary injunction hearing and a partial

summary judgment under CPLR 93001 against the Defendants and such other relief as the

Court deems jPet including:

a. That the Court order expedited discovery to determine the mope of the alleged

$10,000,000.00 or more actual damages plus after conducting hearings and jury

trial to determine the scope of punitive treble damages;

b. And for further and different relief as the Court may deem necessary herein.

15 I ' Dated: February. 2011 Brooklyn, New York &F&

Christopher-Earl: Strunk, in esse, Plaintiff self-represent without being an attorney 593 Vanderbilt Avenue #281, Brooklyn, New York 11238. (845) 901-6767 E-mail: c M t r u n k . w g



VERIFICATION AFFIDAVIT

STATE OF NEW YORK . ) ) Em-

COUNTY OF RINGS )

Accordingly, I, Christopher Earl Strunk, being duly sworn,. depose and say under

penalty of pe jury:

I have read the foregoing h t Amended Complaint with three Causes of

Action against Defi?ndants in their official capacity and individually, in which I

request a Declaratory Judgment as to the breach of fiduciary duty by State Officiah

as to unequal treatment of Presidential candidate ballot access be issued upon

Plaintiff request hr a partial summary judgment for equity relief and that there

must be a jury trial on the scheme to defraud and determination of liability based

upon a bill of particulars for say $10,000,000.00 in damages plus treble damages;

and I know the contents thereof apply to me by misapplication and administration

of laws as the same is true to my own knowledge, except as to the matters therein

stated to be alleged on information and belief, and as to those matters I believe it to

be true, The grounds of my beliefs as to al l matters not stated upon information and

belief are as follows: 3rd par tie^, books and records, and personal knowledge.

Sworn to before me This If day of February 201 1

EDDIE HAMPTON JR. -

Notary Public, State of New York -. No 01 HA6044027

\ . .. ( lusljf i& in ~i~~~ c o u ~ First Amended ~ d m 9 i i n t Page 30 of 30

Commission Expires June 26,2014


SUPREME COlTRT OF THE STAm OF NEW YORR COUNTY OF EENGS Index No.: 29642 / 08 ------------------------------"------------------------------------------____ X

Christopher-Earl: Strunk, in. e m plain- -~~-

NEW YORK STeL"1'E BOARD OF ELl3CTIONS; JAMES A. WALSH / Co-Clhair, DOUGLAS A. KELLNER 1 Co-Chair, EVELYN J. AQXIILA / Commissioner, GREGORY P. PETERSON / ChmmiAsioner, Deputy Director TODD D. VALENTINE, Ikputy Director STANLEY ZALEN, LORRAINE A. CORTEZ-VAZQUEZ, ANDREW CUOMO, THOMAS P. D'iNAPOLI, individually and RUTH NOEM C O L ~ N New Yark State Acting Secretary of State, in their Official capacity; ZBIGNIEW KAIMIERZ BRZEZINSKI, MARK BRZEZINSKI; SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama, a.k.a. Bertie Dunham) O B M FORAMERCA OBAMA MCTORYFUW NANCY PELOSI individually; DEMOCRATIC STATE COMMll'TEE OF THE STATE OF NEW YORK; STATE COMMIllTEE O F THE WORKING FAMILIES PARTY OF NEW YORK STATE; R ~ G E R CALERO, individually; THE SOCIALIST WORKERS PARTY; IAN J. BRZEZINSKI-, JOHN SIDNEY MCCAIN 111, .individually; M C C i WC7WRY2008: MCCl4LN-Pm VICTORY2008; JOHN A. BOEHNER, individually; THE NEW YORK STATE REPUBLICAN STATE COMMIITEE; THE NEW YORK STATE COMMITTEE OF TKE INDEPENDENCE PARTY; STATE COMMIlTEE OF THE CONSERVATIVE PARTY OF NEW YORK S T A m GEORGE SOROS; XYZ J0l;YTFUADRATS~G C O W m ' ; John and Jane Does; and XYZ Entities.

Defendants. ------------ ..-.."--"........------..----------"--------- X

AMENDED SUMMONS

. V E ~ ~ A D ~ E ~ E D COMPLAINT 7

Dated: Brookbm,N Yo* February J&$&$~F(L i - ,7

Christopher-Earl: Strunk, in esse plaintiff 593 Vanderbilt Avenue #281, Brooklyn, New York 11238.

(845) 901-6767 E-mail: chriatrunk.ws


Combined Memorandum of Law Page 1 of 12

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------------x Christopher Earl Strunk, Index No.: 29642 / 08 Plaintiff, (Hon. Justice David I. Schmidt) -against- MEMORANDUM OF LAW David A. Paterson (NYS Governor), Andrew Cuomo COMBINED IN SUPPORT OF (NYS Attorney General), Thomas P. DiNapoli (NYS Comptroller), Sheldon Silver (NYS Speaker of LEAVE TO FILE PROOF OF the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS Assemblyman for the 57th AD), SERVICE NUNC PRO NUNC, Christine Quinn (NYC Speaker of the Council), William Thompson (NYC Comptroller), LEAVE TO REARGUE NOM FOR Jim Tedisco (NYS Assemblyman), Dean Skelos (President pro tempore of the NYS Senate) in their LEAVE TO FILE FIRST AMENDED Official Capacities and individually, the Democrat Candidate Presidential Electors as a class, in their official COMPLAINT AND TO REARGUE Capacity and individually; The New York State Board of Elections and John Does and Jane Does Defendants. -------------------------------------------------------------------------x

I am plaintiff Christopher-Earl: Strunk in esse, self represented without being an

attorney, respectfully submit this combined Memorandum of Law in support of: Notice

of Motion for leave to reargue leave to file a first amended complaint (see Exhibit 1),

declined January 11, 2011 by ORDER and Notice of Entry (see Exhibit 1 sub-exhibit B);

motion for leave to file proof of service nunc pro tunc (see Exhibit 2); and here reargues

in support of the First Amended Complaint on the basis of Court misapprehension of

issues raised at the hearing without transcript memorialized by the Plaintiff January

18, 2011 (see Exhibit 3):

First, the Original Disposition of Law from the Decision and Order in Article 78

Petition 29641-08 that is germane herein (see Exhibit 2 sub-exhibit E) is a matter of

first impression that the disposition in the original order by the Court becomes, in

effect, “the law of the case,” a doctrine that operates like an intra-action collateral

estoppel. The conclusion of the Decision and Order states:

“Electors of president and vice president are thus specifically excluded from the state officer definition set forth in the Public Officers Law. Hence, the designated



respondents, contrary to petitioner's claims, violate no New York State Constitutional provision by holding public officer positions while also serving as electors. “The court further concludes that the New York State Constitutional provisions raised by petitioner do not prohibit the designated respondents from holding their respective public offices as well as simultaneously serving as electors even assuming that electors of president and vice president are public officer positions. In this regard, the court finds that petitioner's reliance upon Article III, § 7 of the New York State Constitution as barring the respondents from serving as public officers while also serving as electors of president and vice president is without merit. “Article III, § 7, in pertinent part, provides that: "No member of the legislature shall, during the time for which he or she was elected, receive any civil appointment from the governor, the governor and the senate, the legislature or from any city government, to an office which shall have been created, or the emoluments whereof shall have been increased during such time" (emphasis added). Article III, § 7 further provides that acceptance of a permissible appointment thereunder "shall vacate his or her seat in the legislature" (emphasis added).

“This constitutional provision expressly precludes a member of the legislature from accepting certain appointed as opposed to elected positions. Election Law § 12-100 3 makes it clear that presidential and vice presidential electors are candidates for office and therefore elected to said position, not appointed. Consequently, New York State Constitution Article III, § 7 is inapplicable herein. 4

“Additionally, the court rejects petitioner's argument that Article XIII, § 7 of the Constitution bars respondent public office from holding more than one public office for which he receives compensation. Article XIII, § 7, entitled "Compensation of officers," provides as follows:

Each of the state officers named in this constitution shall, during his or her continuance in office, receive a compensation, to be fixed by law, which shall not be increased or diminished during the term for which he or she shall have been elected or appointed; nor shall he or she receive to his or her use any fees or perquisites of office or other compensation.

“This constitutional provision governing compensation for state officers and legislative members prohibits an officer from receiving extra (increased) compensation beyond his or her regular salary for performing their duties as said officer, and further bars any decrease in salary during his or her current term of office. This provision does not expressly forbid a public officer from receiving additional compensation attributable to simultaneously holding another public office. Clearly, petitioner has failed to establish that there is any constitutional



prohibition against respondents holding their respective public offices as well as simultaneously serving as electors of president and vice president. “ Collateral estoppel technically operates only on a final judgment, and is not

involved when only an interlocutory order is the subject. (Siegel, New York practice

§ 448 (4th ed. 2005)). Under the law of the case doctrine (1), “[t]he decision being

followed need not to be reduced to an order before it can be given preclusive effect

later in the proceeding.” In re Estate of Levinson, 11 A.D.3d 826, 7xx N.Y.S.2d 165

(3rd Dept. 2004), lv. denied 4 N.Y.3d 704, 7xx N.Y.S.2d 1 (2005). When the law of the

case doctrine is involved as it is when Judge One renders a decision, it makes the

decision “binding upon all courts of co-ordinate jurisdiction and they are not to

arrogate to themselves powers of appellate review.” G. W. Collins, Inc. v. Olsker-

McLain Indus., Inc., 22 A.D.2d 485, 257 N.Y.S.2d 201, 205 (4th Dept. 1965). CPLR

2221(a), in effect implements the spirit of the law of the case doctrine by a

prevailing party who was heard on a motion from attempting to use the order by an

inconsistent ruling from Judge Two.

Second, that Plaintiff was obligated in the companion Complaint to the Petition

to allege criminal wrongdoing by defendants with those similarly situated in order

for authorities to act; as Plaintiff has the duty to establish whether or not a criminal

action against defendant/ respondents exists within the question of first impression

presented in the Petition and thus affecting the complaint thereafter; and that the

1 The law of the case doctrine precludes reconsideration of a previously decided issue unless one of three "exceptional circumstances" exists: (1) when substantially different evidence is raised at a subsequent trial; (2) when a subsequent contrary view of the law is decided by the controlling authority; or (3) when a decision is clearly erroneous and would work a manifest injustice.



phrase “sufficient cause” within a statute that would require [the court] to hold a

defendant to answer if it appears from examination that public offense has been

committed and there is “sufficient cause” within statute providing that information

must be set aside where defendant has been committed without “reasonable or

probable cause”. West’s Ann.Pen.Code, §§ 872, 995. –People v. Brice, 44 Cal.Rptr.

231, 234 Cal.App.2d 258.—Criminal Law 238(2) with a New York equivalent in

related law.

Third, that service of both the Petition and Complaint had to be effected

simultaneously due to the nature of criminal allegations to give the defendants and

respondents fair and reasonable notice as the Court ORDER granted (see Exhibit 2

sub-exhibit B);

That those with authority over matters of malfeasance of public officers and

involving a constitutional tort gave Petitioner/Plaintiff the obligation to serve notice

upon such authorities with responsibility and duty to determine if there is “cause”

or “sufficient cause” to authorize a removal from office of an official mean legal

cause, and not any cause which the council [Plaintiff] may think sufficient. –Zurich

General Acc. & Liability Ins. Co. v. Kinsler, 81 P.2d 913, 12 Cal.2d 98 with a New

York equivalent in related law.

That Plaintiff had to establish that there is “sufficient cause” and “reasonable

and probable cause” to hold accused for offense charged means such statement of

facts would lead to men of ordinary caution or prudence to believe and

conscientiously entertain strong suspicion of accused’s guilt, and sufficient cause

may exist although there may be some room for doubt. –Hendrix v. Superior Court



in and for Los Angeles County, 21 Cal.Rptr. 616, 203 Cal Aped 421—Criminal law

238(2) with a New York equivalent in related law.

Plaintiff civil cause of action (the Complaint shown as Exhibit 4) with allegations

of criminal participation of those Defendants named in the civil complaint that

would require State officers removed from office by a statute authorizing the

removing of an officer for “sufficient cause,” including incapacity and official

misbehavior, contemplates a cause relating to the administration of his office,

affecting the rights and interests of the public.—Lancaster v. Hill, 71 S.E. 731, 136

Ga. 405, Am.Ann.Cas. 1912C, 272 with a New York equivalent in related law.

Fourth, that notwithstanding the meritorious nature of Plaintiff’s case with

simultaneous service of both the Petition and Complaint by Court ORDER shown as

Exhibit 2 sub-exhibit B, Plaintiff in good faith with CPLR §307 and §308 on

December 1, 2008 did effect Summons and Verified Complaint personal service

upon the Counsel designated for the NYS Board of Elections with authority over

conduct of elections, Attorney General Andrew Cuomo with authority over

investigation of criminal matters and civil injury infringement, and non-defendant

Secretary of State Lorraine A. Cortez-Vazquez that the Help America to Vote Act

(HAVA) Section 213 (a) (1) (A) grants State Officer authority with Federal Officer

authority over elections and electoral college slates to be transmitted to Congress to

be a supplemental defendant after the election of November 4, 2008 without

appropriate action taken.

It is Plaintiff’s understanding in the matter of “completion” of Service that

jurisdiction under CPLR §308(2) attaches when the two steps delivery and mailing are



performed. Nevertheless, the state imposes a requirement that proof of service be filed

with the clerk of the court as a step in making service “complete.” Completion of

service is the event that starts the running of defendant 30-day time limit to appear in

the action see CPLR §320(a). The plaintiff is directed to file the proof of service within

20 days whichever service step---delivery or mailing---is performed second. Service is

complete 10 days after the filing of the proof of service. Proof of service is described in

CPLR §306. With respect to service under CPLR §308(2), the proof of service must

contain a proper description of the person to whom delivery is made and statement of

date, time and place of service. The filing of proof of service under CPLR §308(2) is not

jurisdictional in nature. It is merely a step in making service complete which in turn

triggers the defendant’s responsive obligation under CPLR §320(a). Helfand v. Cohen,

1985, 110 A.D.2d. 7x, 487 N.Y.S.2d 177 (1st Dept.). See also Conde v. Zaganjor, 20x 66

A.D.3d 947, 886 N.Y.S.2d 829(2nd Dept.) (Same rule application under CPLR §308(4)).

Thus delaying filing of proof of service is nothing more than a procedural irregularity

that can be cured by order of the court allowing the filing “nunc pro tunc” See

Weininger v. Sassower, 1994 xx A.D.2d 715, 612 N.Y.S.2d 249 (2nd Dept). The only

procedural consequence of belated filing is postponement of defendant time to appear.

See, e.g. Rosato v. Ricciardo, 1991, 174 A.D.2d 937, 571 N.Y.S.2d 633 (3rd Dept.)

(Plaintiff’s failure to file proof of service could be corrected nunc pro tunc, but

retroactive entry of a default judgment would be improper because defendant’s time to

appear never began to run). That tardy plaintiff seeks to actually obtain a court order

permitting a late filing of proof of service. The court in Zareef v. Wong, 2009, 61 A.D.3d

749, 877 N.Y.S.2d 182 (2nd Dept), held that a plaintiff’s unilateral filing of an untimely

proof of service was a “nullity” that did not trigger the defendant’s time to answer. The



plaintiff, therefore, was precluded from entering a judgment against defendant(s).

Fifth, Plaintiff good faith mistake when he failed to “complete” the Proof Service

filing with the clerk of the court within ten days of the personal service accomplished on

December 1, 2008 (see Exhibit 2 sub-exhibit D), that as within the meaning of CPLR

§205(a) required leave within six months to file such proof nunc pro tunc, and therefore

bars Defendant(s) and Plaintiff application for default judgment as to Defendant(s) or

Plaintiff without leave unless service effect on October 30, 2008 were deemed sufficient

as the ORDER stated, Defendant NYS Board of Elections defaulted on both an answer.

Sixth, that the Decision and Order (shown as Exhibit 2 sub-exhibit E) determined

how to apply the Original Disposition of Law in a required supplement to the complaint

to be filed after the finding of law and discovery;

Seventh, that Plaintiff’s request for subpoena discovery of facts that would

determine what supplement would be required was declined by this Court, and then

with no alternative Plaintiff sought FOIA discovery as to the whereabouts of the

mother at the time of the BHO birth, then filed the case in U.S.D.C. in Washington

D.C. Strunk v. U.S. Department of State et al. 08-cv-2234 for release of documents;

with a portion released July 29, 2010 allowing Plaintiff to supplement the complaint by

the November 11, 2010 proposed Amendment (see Exhibit 1 sub-exhibit A) and then

with the CPLR §3016(b) more definite statement of February 15, 2011 (see Exhibit 5)

by verified civil complaint of (i) breach of fiduciary duty as to Public officers ultra vires

malfeasance, (ii) scheme to defraud and (iii) unjust enrichment, without the allegations

of criminal wrongdoing.

To avoid dismissal of a complaint for failure to enter default judgment within one

year after default that occurred, a plaintiff must offer a reasonable excuse for delay in



moving for leave to enter default, and must demonstrate that complaint is meritorious.

DuBois v. Roslyn Nat. Mortg. Corp. (2nd Dept. 2008) 52 A.D.3d 564, 861 N.Y.S.2d 73.

Plaintiff has sufficient cause for delay for more that one year in moving for default

judgment, in that various parties [Plaintiff] were [was] pursuing their [his] interests in

federal action involving same issues. 222 First Ave. Realty Inc. v. Vijax Fuel Oil Corp.

(1st Dept. 1995) 213 A.D.2d 238, 623 N.Y.S.2d 250.

Eighth, that there is sufficient cause for Plaintiff failure to file for a default

judgment within one year even were all the other procedural issues of completion of

filing of the proof of service, and also, if filing of the supplement to amend the complaint

and summons were already done;

That a sua sponte dismissal of complaint and action on ground that plaintiff had

failed to enter judgment within one year following default is not mandatory and may

not be had where plaintiff establishes sufficient cause for delay. Maidenbaum v. Ellis

Hospital (3rd Dept. 1975) 47 A.D.2d 683, 364 N.Y.S.2d 233.

Defendant was not entitled to dismissal of action on ground that plaintiff failed to

enter default judgment within one year of time that defendant allegedly defaulted;

because proof of service had yet to be filed, defendant never defaulted in appearing, and

plaintiff thus could not have properly entered default judgment. Parcha v. County of

Nassau (2 Dept. 1996) 228 A.D.2d 422, 643 N.Y.S.2d 637.

That the failure of NYS Board of Elections to provide the FOIL request of evidence

of ballot certification has delayed Plaintiff unnecessarily, and is evidence that should

sustain trial court’s finding plaintiff actively prosecuted the claim and that defendants

were not prejudiced by the delay, and defendants’ argument that the failure to enter

default against them within one year entitled them to dismissal was not persuasive,



since plaintiff had been engaged in lengthy discovery, frustrated in part by a principal

of both partnership defendants [NYS BOE]. Cerrato v. Thurcon Const. Corp. (1st Dept.

1983) 94 A.D.2d 642, 462 N.Y.S.2d 198.

Ninth, that there is sufficient cause for Plaintiff failure to perfect the case before

filing a note of issue for trial.

Were Plaintiff to make an application without necessary prima facie facts would

have been denied and would require that on application for default judgment,

submission must make prima facie showing that relief prayed for is granted. Worldwide

Asset Purchasing, LLC v. Karafotias, 2005, 9 Misc.8d 390, 801 N.Y.S.2d 721.

In the matter of Appeal and Error, the Court has discretion in the matter of defaults

not entered within one year. Although the determination of what constitutes a

reasonable excuse for delay in seeking default judgment lies within the sound

discretion of the trial court, reversal is warranted if that discretion is improvidently

exercised. Staples v. Jeff Hunt Developers, Inc. (2nd Dept. 2008) 56 A.D.3d 459, 866

N.Y.S.2d 756.

In one applicable case, a plaintiff State had applied for judgment with an affidavit of

facts supplied by the state in connection with its application for default judgment,

which merely asserted, in one sentence, that basis for action against defendant, which

had delivered fuel to gasoline service station, was “failure to pay or repay costs

incurred” by state for cleanup and removal of petroleum discharge, did not make a

prima facie showing of state’s case against defendant as alleged discharger of petroleum

on land, as required to support the application for default judgment. State v. Williams

(3rd Dept. 2007) 44 A.D. 3d 1149, 843 N.Y.S.2d 722, on remand 20 Misc.3d 1106(A), 866

N.Y.S.2d 95.



To avoid dismissal of complaint as abandoned, plaintiff must offer reasonable excuse

for more-than-one year delay in moving for leave to enter default judgment, and must

demonstrate that complaint is meritorious. Key Waterproofing Corp. v. Ray Realty

Fulton, Inc. (2nd Dept. 2005) 23 A.D.3d 624, 804 N.Y.S.2d 815.

Plaintiff has a meritorious case

As a result of the July 29, 2010 U.S. Department of State release of some of the

requested documents associated with Stanley Ann Dunham, for the first time anywhere

Soebarkah has been authenticated to be the given name, of what till now has been

alleged only to be Barack Hussein Obama, when he was adopted by an Indonesia step-

father that would have occurred in the USA rather than Indonesia, and thereby

supports Plaintiff’s theory of failure of BHO to be NBC or even naturalized.

That in September 2010, as a result of Clark Hamblin of Arizona contacting

Plaintiff in regards to the Treaty conditions defining the jurisdiction over Colon

Panama that was not a part of the USA territorial claim of the USA, and with the

authentication by Donald Lynn Lamb, Esq., the representative of the Panama Railroad

Company, having jurisdiction over the Colon Hospital where the birth certificate was

issued for John Sidney McCain III, it has been discovered that Plaintiff along with

those similarly situated were injured as a result of a much bigger scheme to defraud

beyond that of merely those persons who have foisted the “native” versus “natural” born

citizen Soebarkah as Barack Hussein Obama II, and also shows, foisted John Sidney

McCain III upon the voters at the 2008 election cycle- Plaintiff has a direct injury.

Of the five causes of action alleged in the underlying civil complaint, shown as

Exhibit 4, are now reduced to three in the proposed amended summons and complaint

shown as Exhibit 5, and that as a result of the Decision and Order in Article 78 Petition



29641-08 germane herein there remain three plausible, prima facie injuries to Plaintiff

along with those similarly situated by maladministration of the 2008 Election cycle:

(i) Breach of fiduciary duty as to Public Officer injury to plaintiff along with

those similarly situated in the NYS BOE maladministration of regulations

when certification for presidential candidate slate ballot access is had from

the NYS BOE and notice of allegations for the respective candidates and

committees’ response, will be prima facie evidence sufficient to require a

partial summary judgment with declaratory relief in the matter of

a. unequal treatment of ballot certification under law;

b. breach of fiduciary duty to ascertain compliance with regulations as to

U.S. Constitution Article II Section 1 Clause 5 in the candidate ballot

access of Soebarkah, McCain and Calero; and

(ii) Scheme to defraud plaintiff along with those similarly situated requires

discovery before a note of issue may be filed for a jury trial; and then with

(iii) A finding by jury trial to determine defendants’ joint and several liabilities as

well as for punitive damages unjust enrichment as injury to plaintiff along

with those similarly situated requires discovery before a note of issue; and

(iv) Other and different relief the Court deems necessary for grant of relief.

Conclusion in support of relief

That the Court in 2008 declined a subpoena for discovery of information germane

herein and then in 2009 also now involves: the FOIA action with the motion for

summary judgment opposed in Strunk v. DOS et al. DCD 08-cv-2234 (RJL); the

matter of not filing the Proof of Service for the NYS Board of Elections, as the

Attorney General had already appeared and responded starting November 3, 2008;

Stnmk v Pate k d et al. NYS Supreme Court of Kings ~ndekdo. 29642-08

,,

there is no prejudice to defendant NYS BOE not E h g a default even were the proof I

of s e ~ c e d completed. A default judgment within the year allotted would have been I I premature for Plaintiff required an inquest as the FOIA evidence supports such and

therefore supports the requirement for sdicient cause in CPLR $3215(c), and that

therein affords discretion by the Court to grant an extensioIi of time for perfecting

the complaint with an action involving: CPLR $2001 for mistakes, omissions, defects

and irregularities, a t any stage of an action; CPLR $2004 for extensions of time

generally, except where otherwise expressly prescribed by law, the court may extend

the time fixed by any statute, rule or order for doing any act, upon such terms as I1 may be just and upon good cause shown, whether the application for extension is I / made before or after the expiration of the time fixed; CPLR $2005 for excusable I1 delay or default; that upon an application satisfying the requirements of

subdivision (d) of section 3012 or subdivision (a) of rule 5015, the court shall not, as

a matter of law, be precluded from exercising its discretion in the interests of

.justice to excuse delay and or default resulting from law office failure were third I I party service considered such. Plaintiff respectfully wishes relief were granted.

Dated: February Brooklyn New York

~hristo~her- armt trunk in esse 593 Vanderbilt Avenue - 281 Brooklyn, New York 1 1238 (845) 901 -6767; [email protected]


SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS----------------------------------------------------------------------- xChristopher Earl Strunk, Index No.: 29642/08


-against-


---------------------------------------------------------------------- x

STATEOFNEWYORK )) ss.

COUNTY OF ULSTER )




c. On February 20, 2011, Christopher Strunk gave me four (4) copies each of the NOTICE OFMOTION TO REARGUE THE REQUEST FOR LEAVE TO FILE THE FIRSTAMENDED SUMMONS AND COMPLAINT with affidavit in support affirmed 02/18111,with five exhibits annexed thereto for service by USPS mail upon parties to the action.

d. On Tuesday, February 22, 2011, Affirmant placed a complete set in a properly addressedenvelope with proper postage for service by the USPS with confirmation of delivery upon:

Kimberly A. Galvin, Esq. for theNew York State Board of Elections40 Steuben Street. Albany ,NY, 12207


RUTH NOEMI COL6N Acting Secretary ofState for the NYS Department of StateOne Commerce Plaza99 Washington Ave, Albany, NY 12231-0001

ERIC SCHNEIDERMANNYS Office of ATTORNEY GENERALby: JOEL GRABER, ESQ. AAGAssistant Attorney General120 BROADWAY-New York, New York 10271

~>,'J~::/,//::~~/-~' " "/.~ ... /.>/.(/,/",/;/,.',/ /' <« ..... ,',' . '. /<.~</'/

/' I ,,/' ',{ _ 1.".'~'·2 I.{ .;:L.. l.

"./ H. William Van AI1e-fi"--.:-/

Sworn to before meThis }J day of February 2011

JUDITH S, MAYHONNOTARYPUBLlC, STATfOF NEW YORK

NO. 01MA6095585 .QUALIFIED IN ULSTER COUNTY II

COMMISSION EXPIRES JULY 14, 20-L

SUPREME CCOURT OF THE STATE OF NP:W YORK COUNTY OFF KINGS Index No.: 29642 / 08

Christopher Wkrl Strunk, (I-km. Justice David I. Schmidt) Plaintiff,

-agai&t-

Andrew Cuomo

Defendants.

Notice of Motition to Reargue the NOM for Leave to File FAC AfEidavit in' SSupport of Motion to Reargue the NOM for Leave to File FAC Exhibit 1: N6"tice of Motion for Leave to Reargue the NOM for Leave to File FAC

Suhb-exhibit A: NOM for leave to File the First Amended Complaint - Sub-exhibit B: ORDER with Notice of Entry

Exhibit 2: Ndbtice of Motion for Leave to File Proof Of Service NUNC PRO TUNC Suhb-exbibit A: Server Email co-g personal service December 2,2008 SuL-exhibit B: Order to serve by Express Mail October 30,2008 S u b b - d b i t C: Express Mail P r o d of Service AfEmed Novembex 3,2008 Suhb-exhibit D: Affidavit proof of personal service January 13,20 11 Suhb-exhibit E: Decision and ORDER dismissing 29641-08

Exhibit 3: AIDTIDAVIT OF Plaintiff memorializing the January 11,201 1 Hearing on the Notice of.l:Motion for Amended Complaint in Stz-mk v Patemon et al. New York State Supremne Court Kings County Index No.: 29642-08

Suhb-exhibit A: Factcheck.org posting of BHO COLB August 21.2008 Sub-exhibit B: SCOTUS case McCreerg's Lessee v S o m e d e 22 US 354 Suhb-exbibit C: ORDER declining to sign leave for filing FAC

Exhibit 4: Sii ummons and Verified Complaint 29642-08 filed 10-29-08 Subb-exhibit A; 2008 List afPresidentia1 Electors

Exhibit 5: PAroposed Amended Summons and Verified Complaint 29642-08 1 0215 11. Memorandnnm of Law in support of Relief Affidavit of SSavice

20 Dated:Febmary ,2011 BroolPklyn New York

~=tophe~Earl: Strunk in esse Plaintiff 593 Vanderbilt Avenue - 281 Brooklyn, New York 11238 (845) 901-6767; [email protected]

combined memorandum for nom w affidavit to reargue the nom for fac w exhibits nys 29642-08 022811

Documents

state of new york david

nys senate

nys department of state

broadway new york

paterson nys governor

dinapoli nys comptroller

amended complaint fac

jim tedisco nys assemblyman