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When the people fear their government, there is tyranny.
When the government fears the people, there is liberty.

-- Thomas Jefferson

During times of universal deceit, telling the truth
becomes a revolutionary act.
 -- George Orwell

First they ignore you, then they ridicule you, then they
fight you, then you win.
 -- Mahatma Gandhi


NH presidential primary registration is over. No registered candidate on the ballot by name John Dummitt.

Posted on | October 30, 2011 | 5 Comments

 
NEW HAMPSHIRE

William M. Gardner – Secretary of State

 

PRESIDENTIAL PRIMARY
The date of the upcoming Presidential Primary has not yet been determined
 

Statement on
New Hampshire Presidential Primary Calendar
by
Secretary of State  William M. Gardner
October 12, 2011

CANDIDATES FILED FOR
PRESIDENTIAL PRIMARY

PRESS RELEASE REGARDING PRESIDENTIAL PRIMARY FILING PERIOD
September 30, 2011

Letter to Town and City Clerks
FILING PERIOD – October 17, 2011 through October 28, 2011
File at the Secretary of State’s Office, State House Room 204, Concord, NH

Last day for registered voters to change their party affiliation prior to the Presidential Primary is October 14th, 2011 – check for time/place with your town clerk

I am still getting e-mails regarding a law suit filed by Mr. Van Irion under Liberty Law with John Dummitt as a lead plaintiff as a Presidential candidate. One of the e-mails came from Florence, who has been my long time supporter. Though I thought, I explained this matter before, I guess I owe Florence clarification and more information as she was my supporter for a long time. Here are the printouts. Florence wrote, that John Dummitt is not a Republican nominee, but a candidate.

Of course, he is not a nominee, that goes without saying. What is important, is that he is not even a candidate on the ballot. His name is not even listed among candidates on the ballot. He cannot show standing or harm.

Just as John Dummitt called me a while ago, another person called me. She claimed, that she is a Democrat candidate running against Obama and asked me to represent her. I considered representing her pro bono, if she was a legitimate candidate, as she could have standing running in Democrat primary. I asked her for documents, verifying, that she is a candidate on the ballot. Even though I got multiple e-mails from her, multiple press releases from her as a presidential candidate, I never got any documents, showing her as a candidate on the ballot and her name is not listed in the ballot above, just as the name of John Dummitt is not listed.

In regards to class actions, please, see a page from lawyers.com. There had to be a certification from the court of a class action. Neither in Obamacare nor current law suit against DNC no court ever certified those actions filed by Mr. Van Irion  as class actions. I don’t even see a request by Van Irion, asking the courts for such a certification and determination of a class.

I am sorry to say that, but when an attorney is soliciting members of the public public to pay a certain amount, promising, that upon such payments members of the public will be plaintiffs in a class action law suit, while he knows that no judge certified a class action law suit, that no such class action exists, this is a clear misrepresentation, for which attorneys are sanctioned by their state bars, particularly if such an attorney is soliciting a large number of  members of the public and if he is doing it repeatedly, such as in Obamacare law suit and John Dummitt -DNC law suit.    

Bottom line, we all agree, that Obama is not eligible and DNC submitted application of a candidate, who is not eligible. We all agree that individual mandate in Obamacare is unconstitutional. We agree on the ultimate goal. With that being said, it is o’k to disagree on issues and methods.

What is important, is for  Mr. Irion to honestly post on his web site and relate to WND and to the public at large, that no judge certified his cases as  class action law suits, there was no determination of a class.  Until and unless such certification is made, he cannot claim that there is a class action law suit and he cannot state to members of the public, that by paying a certain fee, they will become plaintiffs in this class action law suit.

Additionally, it is reasonable to disagree on the merits. In my opinion any judge looking at this case will state, that the named plaintiffs in this class were not harmed, cannot show harm. This is a primary season. Neither one of the 4 named plaintiffs in this case is a candidate on the ballot running in the Democrat primary, neither one of them is a candidate on the ballot in any primary for that matter. I believe, a judge will rule, that the case is not ripe for adjudication and hypothetical and with no merit.

Another important issue, is that in my opinion the courts will not stop Obama from running based on the difinition of Natural born alone. While it is an important issue, the courts understand that it goes right over the heads of most people. On the other hand   any Joe Doe and Jane Doe on the street understands Social Security fraud and forgery. Remember, Nixon was forced to resign facing impeachment on criminal misconduct.

As I stated before, I wish everyone the best. It was important for me to clarify to the public what is really going on, put things in true perspective, stop insane hype of a case, which is highly hypothetical and tentative at best and with no standing, and to show the real picture. I believe, at this point the public knows, what is going on, and we can proceed fighting with clear heads.  

Lawyers.Com > Understand Your Legal Issue > Class Actions > Class Action Basics

Class Action Basics

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Read the newspapers, watch TV or surf the web on any given day and you’ll likely come across something about a class action lawsuit. Do you know what they’re supposed to do and how they work?

Find out what’s behind all those TV ads and the class action settlement notices you receive in your mail from time to time. A class action could mean the chance to resolve a legal claim, large or small.

What and Why of Class Actions

You may have a legal claim connected to a problem with a product or service, but righting the wrong through a lawsuit just isn’t practical for you. Sometimes, you and several others have the same legal problem, but again separate lawsuits aren’t practical or an efficient use of legal resources.

Class actions solve these problems by allowing representatives of a group to go to court and obtain a judgment or settlement benefiting all group or class members.

Common Types of Class Actions

Class action lawsuits have been used in many types of cases, such as

Class Action Prerequisites

Class actions are governed by federal and state court rules. A class action can’t take place unless the requirements in these rules are met:

  • Numbers. There have to be so many possible plaintiffs and lawsuits against a defendant that it’s not practical for them to file their own suits. Often, possible plaintiffs number in the hundreds or thousands
  • Same claims. Claims need to raise common legal and factual issues, making it efficient to deal with all claims together. Thousands of claims against a manufacturer for a faulty dishwasher switch causing a fire hazard is a good example
  • Typical cases. The named plaintiffs, the representatives, have the same claims and defenses as the others in the class. In the dishwasher example, the named plaintiff’s claim can’t be connected to defective pump causing flooding
  • Representatives provide fair and adequate protection for the class. The named plaintiffs and class lawyers must look out for the interests of everyone in the class. The lawyers’ competency is the main focus here, but courts look at the representatives, too

Court Certification

A court must certify the class for the lawsuit to go ahead as a class action. The court sees if the above elements exist, and it certifies the class if a class action is the best way to manage the claims. Certification is usually granted when the class wants the defendant to do or stop doing something, such as stop making or fix the defective dishwasher switch.

Comments

5 Responses to “NH presidential primary registration is over. No registered candidate on the ballot by name John Dummitt.”

  1. Insight
    October 30th, 2011 @ 8:05 pm

    How about Dummett with an “E”?

  2. dr_taitz@yahoo.com
    October 31st, 2011 @ 4:38 am

    no, he is not listed

  3. MJ
    October 31st, 2011 @ 8:15 am

    He is listed Orly but with a “Y” at the end, not “ett”. It’s a French name so you can use both. Open your eyes!

  4. Don in Tennessee
    October 31st, 2011 @ 10:15 am

    Did Mr. biden have to provide any documentation confirming his and Mr. obama’s Constitutional qualifications??

  5. Chris Strunk
    October 31st, 2011 @ 6:24 pm

    It appears as being done as another snipe-hunt to misdirect and delay proper process at the state by state level.

    As soon as anyone declares as a candidate and collects $$$ they have suggested to all those being solicited for $$$ that the declarant is eligible for the office sought.

    A challenge does not have to wait under state law to challenge as long as money is being solicited in New York and I am sure elsewhere!

    See NYS EL 6-122: Designation or nomination; eligibility, restrictions: A person shall not be designated or nominated for a public office or party position who (1) is not a citizen of the state of New York; (2) is ineligible to be elected to such office or position; or (3) who, if elected will not at the time of commencement of the term of such office or position, meet the constitutional or statutory qualifications thereof or, with respect to judicial office, who will not meet such qualifications within thirty days of the commencement of the term of such office. (L.1976, c. 233, § 1. Amended L.1978, c. 373, § 55; L.1993, c. 511, § 9.)

    and 14-100: 7. ‘‘candidate’’ means an individual who seeks nomination for election, or election, to any public office or party position to be voted for at a primary, general or …, whether or not the public office or party position has been specifically identified at such time and whether or not such individual is nominated or elected, and, for purposes of this subdivision, an individual shall be deemed to seek nomination for election, or election, to an office or position, if he has (1) taken the action necessary to qualify himself for nomination for election, or election, or (2) received contributions or made expenditures, given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to any office or position at any time whether in the year in which such contributions or expenditures are made or at any other time; and
    9. ‘‘contribution’’ means: (1) any gift, subscription, outstanding loan (to the extent provided for in section 14–114 of this chapter), advance, or deposit of money or any thing of value, made in connection with the nomination for election, or election, of any candidate, or made to promote the success or defeat of a political party or principle, or of any ballot proposal, (2) any funds received by a political committee from another political committee to the extent such funds do not constitute a transfer,

    Election Law prohibits as a conversion of campaign funds to personal uses. In its relevant part it states: EL §14-130. Campaign funds for personal use. Contributions received by a candidate or a political committee may be expended for any lawful purpose. Such funds shall not be converted by any person to a personal use which is unrelated to a political campaign or the holding of a public office or party position.

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