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Draft of the petition for the emergency hearing with the chief elections officer in HI

Posted on | November 29, 2011 | 11 Comments

Rancho  Santa Margarita, CA 92688

ph 949-683-5411  f 949-766-7603




Scott T Nago

Chief elections officer

Office of Elections, State of Hawaii
802 Lehua Avenue, Pearl City, Hawaii 96782
(808) 453-VOTE (8683)
Neighbor Isle Toll-free: (800) 442-VOTE (8683)


Joint petition by Attorney Dr. Orly Taitz, Mr. Ron Wong, resident of Honolulu, Hawaii, as well as State Representative of the State of New Hampshire, Larry Rappaport

PETITION UNDER HAWAII ELECTIONS LAW §3-172–3 and demand for an emergency hearing under §3-171-4


I.§3-171-3 Adoption, amendment, or repeal of rules.

When pursuant a petition therefore , or upon the chief elections officer’s own  motion, the chief election officer proposes to adopt, amend, or repeal a rule, the rule shall be adopted, amended, or repealed in according to procedures set forth in Chapter 91 and section 92-41, HRS

§3-171-4 Conduct of hearing. (a) The chief election officer shall afford all interested persons the opportunity to submit data, views, or argument.

(3)(b) The chief election officer or the designated representative shall conduct the public hearing

Petitioners demand a public hearing seeking modification of elections rules in order to close an existing loophole, which allows an inelligble candidate to put his name on the ballot as a candidate for the U.S. President in violation of the Naural Born Citizen provision. Petitioners are seeking to add a procedure allowing members of the public and U.S. voters to inspect identification records and eligibility records of the presidential and vice presidential candidates, in order to uphold and protect citizens inalienable civil and human right to lawful elections, free of fraud and forgery.

This issue came to light during the presidency of Barack Hussein Obama. Recently released passport records of his mother, Stanley Ann Dunham, show , that after her second marriage, Ms. Dunham took the last name of her second husband and went by the name Stanley Ann Dunham Soetoro. In 1968  Ms. Dunham Soetoro applied to renew her U.S. passport. On page 2 of her renewal application, under” Amend to include/exclude children”, she excluded her son Barack Hussein Obama Soebarkah. (Exhibit 10 (a) Passport records of Stanley Ann Dunham with her dependent son listed under the name Barack Hussein Obama Soebarkah.)

Exhibit 10(b) shows Barack Obama’s school registration in Indonesia, provided by the Associated Press and acknowledged by Mr. Obama. It lists him using his step father’s last name Soetoro. It is common in South East Asia: Indonesia and India, to blend names together, which might explain Soebarkah, as a blend of Obama’s last name by his step father, indonesian citizen Lolo Soetoro, and his first name Barack, to create a moniker, a blended name Soebarkah.

There is no record of Mr. Obama ever legally changing his name from Soetoro or Soebarkah to Obama. As such he cannot be on the ballot without ascertaining his legal name. One cannot run for the U.S. President under a name, which is not legally his. Until this recent release of Mr. Obama’s mother’s passport records, the name Soebarkah was not known and was not brought forward during the 2008 campaign.

Additionally, in his school registration records, his citizenship is listed as Indonesian, as such, as a foreign national, he cannot be the US President.

Additionally, Taitz found out that Social Security number 042-68-4425, which is used by Obama in his tax returns and his Selective Service registration, is not legally his according to E-Verify and Social Security Number Verification systems records, as well as the fact, that an alleged copy of his long form birth certificate, posted by Obama online on WhiteHouse.gov, represents a computer generated forgery and not a true and correct copy of the original document.

Taitz filed multiple legal challenges to obtain access to and inspection of the records in question, however Director of Health Loretta Fuddy and Registrar Onaka, as well the court system in HI are being complicit in  the cover up of this forgery and elections fraud and refusing to allow inspection of the original birth certificate allegedly on file in liue of the alleged copy











     19-1 Classes of offenses

     19-2 Repealed

     19-3 Election frauds

   19-3.5 Voter fraud

     19-4 Penalties; disqualification for, removal from office;

          reports of convictions to chief election officer

     19-5 Repealed

     19-6 Misdemeanors

     19-7 to 9 Repealed

Previous Vol01_Ch0001-0042F Next


§11-113 Presidential ballots. (a) In presidential elections, the names of the candidates for president and vice president shall be used on the ballot in lieu of the names of the presidential electors, and the votes cast for president and vice president of each political party shall be counted for the presidential electors and alternates nominated by each political party.
(c) All candidates for president and vice president of the United States shall be qualified for inclusion on the general election ballot under either of the following procedures:
(B) A statement that each candidate is legally qualified to serve under the provisions of the United States Constitution;
(d) Each applicant and the candidates named, shall be notified in writing of the applicant’s or candidate’s eligibility or disqualification for placement on the ballot not later than 4:30 p.m. on the tenth business day after filing. The chief election officer may extend the notification period up to an additional five business days, if the applicants and candidates are provided with notice of the extension and the reasons therefore.
(e) If the applicant, or any other party, individual, or group with a candidate on the presidential ballot, objects to the finding of eligibility or disqualification the person may, not later than 4:30 p.m. on the fifth day after the finding, file a request in writing with the chief election officer for a hearing on the question. A hearing shall be called not later than 4:30 p.m. on the tenth day after the receipt of the request and shall be conducted in accord with chapter 91. A decision shall be issued not later than 4:30 p.m. on the fifth day after the conclusion of the hearing.


1.Barack Hussein Obama, II is not a natural born citizen and is not qualified to be on the ballot as a Presidential candidate. In 2008, when Mr. Obama ran for the U.S. presidency, he was never vetted and he never provided any documentary evidence  of his natural born status. Any challenger to his eligibility, including complainant herein was mobbed with allegations of racism coming from largely left leaning pro-Obama media. We have seen an unprecedented level of corruption in all 3 branches of the U.S. government and the government of HI, which allowed Mr. Obama to get into the White House without any valid identification papers.

2. The most staggering evidence, is Mr. Obama’s lack of a valid Social Security number and his use of a fraudulently obtained Social Security number from the state of Connecticut, a state, where he never resided, which was never assigned to Obama, according to  E-Verify and SSNVS

3. Complainant herein, is Dr. Orly Taitz, ESQ, attorney and doctor licensed in the state of California, who is an attorney admitted to the Supreme Court of the United States, 9th Circuit Court of Appeals and Third Circuit Court of Appeals. Dr. Taitz is a civil rights leader, who is fighting an unprecedented level of corruption in the government and courts in order to preserve an unalienable right of  U.S. citizens to elect eligible candidates and vote in fraud free elections. Dr. Taitz is also a Republican candidate for the U.S. Senate 2012 in the state of California.

4. In 2009 Dr. Taitz received reports from licensed investigators Neil Sankey and Susan Daniels, which show, that according to most reputable national databases for most of his life Barack Obama used a Connecticut Social Security number 042-68-4425,  issued in 1977, even though he was never a resident of the state of Connecticut. In 1977, Social Security numbers were assigned according to the state where application were submitted. In 1977 Obama was nowhere near Connecticut, he was a student at the Punahoa school in Hawaii, where he resided.  Additionally, national databases showed another birth date, associated with this number, a birth date of 1890. In around of 1976-1977, due to changes in Social Security administration, many elderly individuals, who never had Social Security numbers before, had to apply for their Social Security number for the first time in order to obtain Social Security benefits. It appears, that the number in question was assigned to an elderly individual in CT around March of 1977, the death of this elderly individual was never reported, and from around 1980-1981 this number was fraudulently assumed by Barack Obama.   Exhibit 1, Affidavit of Susan Daniels

5. Taitz was a delegate at the Continental Congress Convention in 2009, where she had a discussion on the matter of Barack Obama’s fraudulent use of the aforementioned Connecticut Social Security number with a recently retired senior deportation officer from the department of Homeland Security, John Sampson. Mr. Sampson provided her with an affidavit, attesting to the fact, that indeed according to national databases Obama is using a Connecticut Social Security number, even though there is no reasonable justification or explanation for such use by one, who resided in Hawaii in and around the time the Social Security number in question was issued.   Exhibit 2 Affidavit  of John Sampson.

3. In 2010, Barack Obama posted on line on WhiteHouse.gov his 2009 tax returns. As he posted those returns, he forgot to flatten the PDF file, so all of the layers of modification of the file became visible to the public. One of the pages contained Obama’s full Social Security number 042-68-4425. Taitz received an affidavit from Adobe Illustrator program expert Chito Papa, attesting to the fact, that initially posted tax returns of Barack Obama contained Connecticut Social security number 042-68-4425. While  the file was later flattened and the Social security number can no longer be seen, thousands of US citizens and individuals around the world were able to obtain the original file with the full Social Security number.

4. Taitz checked an official site for Selective Service SSS.gov. She entered name Barack Obama, date of birth 08.04.1961 (Obama’s alleged birth date) and Connecticut Social Security number 042-68-4425, which Obama is using in his tax returns. She got a verification, showing, that Barack Obama registered for Selective Service, using this CT SSN. At this point she had three investigator reports and two US government documents, showing Obama using CT SSN 042-68-4425.   

5.  Taitz received an affidavit from a witness Linda Jordan, who ran a E-Verify check for the above Social Security number 042-68-4425. According to E-Verify, there is no match between Obama’s name and the Social security he  used in his tax returns and his Selective service application.

6. Taitz received an e-mail from a US Army officer, Colonel Gregory Hollister, whereby he did an independent check and found, that indeed Obama is using this Connecticut number 042-68-4425. He also, contacted SSNVS (Social Security Number Verification Systems) and found that the number Obama is using was never assigned to him. Exhibit 6. Additionally, there is a clear pattern of Social Security fraud by Obama’s family members and close associates.  Recently Obama’s uncle Onyango Obama was arrested for drunk driving and found to be using for employment a Social Security number, even though he is an illegal alien and not allowed to work. Obama’s aunt Zeutuni Obama was stealing tax payer dollars by living in subsidized housing and using a state of Indiana-issued  Social Security number, even though she is an illegal alien and was never a resident of the state of Indiana. Obama’s close associate, mentor and co-board member from Annenberg Challenge, William Ayers, in his book “Fugitive Days” admitted to creating over a hundred fraudulent Social Security numbers using names of deceased infants, who did not get their Social Security numbers before their deaths. “After the Baltimore fiasco, stealing ID was forbidden. Instead we began to build ID sets around documents as flimsy as a fishing license or a laminated card available in a Times Square novelty shop called “Official ID.” We soon figured out that the deepest and most foolproof ID had a government-issued Social Security card at its heart, and the best source of those were dead-baby birth certificates. I spent impious days over the next several months tramping through rural cemeteries in Iowa and Wisconsin, Illinois and North Dakota, searching for those sad little markers of people born between 1940 and 1950 who had died between 1945 and 1955. The numbers were surprising:  two in one graveyard, a cluster of fourteen in another. Those poor souls had typically been issued birth certificates—available to us at any county courthouse for a couple of bucks and a simple form with information I could copy from the death announcement at the archive of the local paper—but they had never applied for a Social Security card.

Collecting those birth certificates became a small industry, and within a year we had over a hundred. For years I was a paper-made Joseph Brown, and then an Anthony Lee, remarkably durable identities. My on-paper official residences: a transient hotel in San Francisco and a warehouse in New York.” Bill Ayers, Fugitive Days. Ayers had a whole business of forged social security card making. It is unfortunate, that the person, occupying the position of the U.S. president, was using and is using a bogus social security number.

7. For 3 years after his inauguration Obama refused to provide to the public his long form birth certificate. On April 27, 2011, when Obama posted his alleged long form birth certificate on line,  just as with his tax returns, he originally did not flatten the file, which means that anyone with an Adobe Illustrator program on his computer could see layers of alterations in this alleged “birth certificate”, which looked like a complete joke. Multiple long form birth certificates from 1961 are available. In those years green safety paper was not available and was not used. Other birth certificates, as one for Susan  Nordyke, born the next day on August 5, 1961, in the same hospital, and signed by the registrar on August 11, 1961, show white paper with yellow aging stains, clear borders, raised seal and a lower serial number. Obama’s alleged birth certificate is on a safety paper, which was not used in 1961, does not havea  clear border, no raised seal and the serial number is higher, than the numbers issued later by the same registrar.   Exhibit 9

8.   Taitz received an affidavit from Adobe illustrator expert Chito Papa exhibit 7.

It showed layers of alteration of the alleged birth certificate. It showed a signature of Obama’s mother Stanley Ann D. Soetoro, where it looks, like Soetoro (her married name by her second husband) was erased, whitened out and computer graphics  was used to add “unham Obama” and a signature “Stanley Ann Dunham Obama” was created by pasting and filling the blanks with computer graphics.

9. Taitz received an affidavit from scanning machines expert   Douglas Vogt. Exhibit 8. It shows further evidence of forgery, such as different types of ink used. Some of the document shows, as gray scale scanning, some as black and white scanning, some color. It shows different types of letters and kerning, meaning some letters encroaching into the space of other letters, which is possible only with computer graphics, not with a typewriter used in 1961. Numerous other parameters lead to the same conclusion, that the document in question is not a copy of a 1961 type  written document, but a computer generated forgery, created by cutting and pasting bits and pieces from different documents and filling in the blanks with computer graphics. It appears, that Obama used a Social Security number of a deceased elderly individual, as well as a birth certificate number of a deceased infant. Research pointed to the fact, that one, Virginia Sunahara was born in Honolulu on August 4, 1961 and passed away the next day. Recently her surviving brother Dunken Sunahara demanded to see her long form birth certificate, but the department of Health denied the request, even though it came from a close relative. Department of Health provided Mr. Sunahara only with a computer generated short form birth certificate with a serial number, which was suspiciously out of sequence from all the other numbers issued to infants born August 4, 1961.    

In spite of numerous demands, Director of Health, Loretta Fuddy refused to allow the inspection of the original birth certificate of either Obama or Sunahara   in lieu of the alleged certified copy, and the Social Security administration refused to provide even a redacted application for CT SSN 042-68-4425, which Obama is fraudulently using.  It is imperative, that this office investigate not only Obama, but also director of Health Loretta Fuddy, registrar Alvin Onaka, Deputy attorney General Nagamine and former Chairwoman of the Democrat National Convention in 2008 Nancy Pelosi, who certified Obama’s prior certificate of candidate, as well as Attorney General Eric Holder, Commissioner of Social Security Michael Astrue, and a number of judges involved in this affair, for purpose of criminal prosecution for conspiracy to commit fraud, uttering of forged documents, alteration/forgery of documents, elections fraud and Social Security Fraud. 

10.  Based on all of the above, Obama does not have any valid identification papers, which are necessary to be a candidate on the ballot, running for the US Presidency, based upon   New Hampshire elections law 655-17 and on  Article 1, section 2 of the U.S. Constitution.

11. Additionally, many believe, that “Natural Born Citizen,” as it is applied to the U.S. Presidency, means one born in the country regardless of citizenship of the parents. Taitz submits evidence, that from the time of the adoption of the constitution untill today, the standard was: One born in the country to parents who are citizens, who do not owe allegiance to other nations.

The US Constitution was largely based upon the book “the Law of Nations” by Emer De Vattel, stating that Natural born citizens are ones born in the Nations to citizens (Emer De Vattel “The Law of Nations” p499, §212). A similar definition was used  by John A. Bingham, creator on the 14th amendment, who stated during congressional hearings of the 14th amendment, that a “natural born citizen is born in the U.S. territories to parents, who didn’t owe allegiance to other sovereignties”. Similar definition was used in a case of Minor v Happerset  88 US, 162 (1875) heard by the Supreme Court. Lastly, in 2008 citizenship of John McCain was questioned as well due to his birth in the zone of the Panama canal. In a joint Senate Resolution 511, the Senate unanimously found Senator McCain to be Natural Born U.S. citizen. The Senate used the same Vattel two prong test and found McCain to be eligible for presidency due to the fact that he was born in the f Panama Canal zone to two parents, who were U.S. citizens. Obama’s father was never a U.S. Citizen. He never even had a “Green Card”. He was in U.S. for a few years, on a student visa and as such, Obama did not satisfy either one of the two prongs of the test for natural born status. Even if this office was to subscribe to a more liberal modern definition of a natural born citizen, Obama does not qualify as he never proved his birth in Hawaii and is using a computer-generated forgery instead of a valid long form birth certificate and he is fraudulently using a Social Security number, which was never assigned to him.


1 Petitioner is seeking an emergency hearing, under Hawaiian Revised Statutes §§3-171-3,  3-171-4 19-3.5

2. Petitioner is seeking an evidentiary hearing and production of the original long form birth certificate and microfiche copy of such original birth certificate of Barack Hussein Obama to be presented at the hearing by the Director of Health of Hawaii, Loretta Fuddy

3.  Production of the immigration and naturalization and passport records of Mr. Obama, in order to ascertain, whether there was ever a legal change of name from Soetoro, Soebarkah to Obama

4. Original application to Connecticut SSN 042-68-4425, which Mr. Obama is using in his tax returns and selective service certificate, which is not assigned to him according to E-Verify

5. Modification of rules/ regulations for candidate eligibility verification/authentication, in order to stop elections fraud and forgery and assure the citizens of Hawaii and the United States integrity of the elections process  

Respectfully Submitted

/s/ Dr. Orly Taitz, ESQ



Congressman Gregg Harper (R-MS)


United State House Administration Subcommittee on Election

307 House Office Building

Washington DC 20515

ph 202-225-5031

fax 202-225-5797


cc Congressman Darrell Issa


House Oversight Committee

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Washington DC, 20515

cc Congressman Mike Rogers


House Intelligence Committee

133 Cannon House Office building

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cc Congressman Sam Johnson


House Subcommittee on Social Security

House Ways and Means Committee

2929 N Central Expy, 240

Richardson, TX 75080

cc Congressman Dana Rohrbacher


House Subcommittee on Oversight and Investigations’

House Committee on Foreign Affairs

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Washington DC 20515

US Commission

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11 Responses to “Draft of the petition for the emergency hearing with the chief elections officer in HI”

  1. Redd
    November 29th, 2011 @ 5:48 am
  2. Todd Landrum
    November 29th, 2011 @ 7:51 am

    Nice job on the petition, Orly.

    Remember, if they say Obama can provide a short form (abbreviated) COLB to prove his current legal name, then your response should be the COLB is dated Aug 4, 1961 and the request for removal of name from SAD Soetoro’s passport is much later than 1961.

    To date, no official document has been provided to indicate Barry Soetoro changed his name back to Barack Hussein Obama II. Also, you should demand Barry Soetoro’s COLB from Hawaii. We know from Soetoro’s Indonesian school record Barry Soetoro was born in Honolulu, HI.

    And last, but not least, the Arch Diocese of Hartford, can provide a wealth of information if subpoenaed.

  3. MichaelN
    November 29th, 2011 @ 1:34 pm

    Good move Orly.

  4. MichaelN
    November 29th, 2011 @ 2:07 pm


    Don’t forget to mention in your petition for emergency hearing, the fact that the Hawaii state Dems rejected Pelosi’s nomination declaration/certification of Obama because it did not certify conformity with Article II eligibility requirements.

    This would give weight to your argument, as it shows the concerns about eligibility being critical are wider spread and non-partisan, across parties.


  5. bob strauss
    November 29th, 2011 @ 3:52 pm

    GORDO | November 29, 2011 at 4:46 pm |

    CDR Kerchner:

    “A New CRS Memo is out about the Qualifications to be Pres and
    the legal term of art Natural Born Citizen”

    “… Atty Jack Maskell is at it again. …”


  6. jim
    November 29th, 2011 @ 5:46 pm

    Election Fraud complaint filed in Alabama (looks exactly like your New Hamshire complaint. It seems like a good strategy if this is done in every state.


  7. Congressional Research Service
    November 29th, 2011 @ 7:06 pm

    Congressional Research Service

    Qualifications for President and the “Natural Born” Citizenship Eligibility Requirement

    Jack Maskell
    Legislative Attorney

    November 14, 2011

  8. Truthbetold
    November 29th, 2011 @ 7:12 pm

    George bushs grand father precott was a nazi and they still elected him and his father, there is something bigger than his birth cert. im in your corner but the media decides who stays and gos they are owned by the controllers greebergs etc

  9. Ballot Access Challenge Against Obama Filed in 4th State — Hawaii | by Atty Orly Taitz « CDR Kerchner's Blog
    November 29th, 2011 @ 11:11 pm

    […] Read the announcement here:  http://www.orlytaitzesq.com/?p=28426 […]

  10. RacerJim
    November 30th, 2011 @ 10:47 am

    On Page 41 of Jack Maskell’s latest CRS Report to Congress he first states:
    “It should be noted that both documents from the State of Hawaii, that is, the so-called “short-form” Certification of Live Birth [the “COLB”], or the certified copy of the longer form certificate of live birth, according to the official declarations of officers of the State of Hawaii, have been officially certified [“certified” is italicized in his report] by the state, and are therefore “self-authenticated documents” under Federal Rules of Evidence,183 as well as “public records” of that state.”

    He then states: “With respect to any actual contrary [“contrary” is italicized in his report] evidence, it may be noted briefly that there appear to be no legitimate, official documentary records, or copies of such records, which have been produced or forwarded contradicting the prima facie [“prima facie” is italicized in his report] record of President Obama’s birth in Hawaii, as provided in the official certification (or certificate) of live birth released by the Obama campaign in 2008 and attested to by Hawaii Department of Health officials, or the certified copy of the “long form” birth certificate publicly shown and released on April 27, 2011.”

    Hawaii Administrative Rules, Title 11, Department of Health, Section 11-1-2
    Seal of the department of health:
    “(b) The official seal of the department of health shall be embossed near the signature of the director of health to verify commissions of appointment of deputy directors and notaries public, certificates, and other formal official documents on which the official seal has been customarily used or is appropriate to be used, as the director of health may determine on a case-by-case basis.”

    “In the State of Hawaii all certified copies of certificates of live birth have the embossed seal and registrar signature on the back of the document.” — Janice Okubo, Director of Communications of the State of Hawaii Department of Health

    Neither document from the State of Hawaii, that is, Obama’s so-called “short-form” Certification of Live Birth [the “COLB”], or the certified copy of the longer form certificate of live birth, has the official seal of the Hawaii Department of Health embossed on it per the above Hawaii Adminstrative Rule and, therefore, have NOT BEEN CERTIFIED and therefore are NOT “self-authenticated documents” under Hawaii Administrative Rules or US State Department Passport Application Rules.

    Alan Booth’s Hawaii short-form birth certificate and the Nordyke twins long-form birth certificates all have a legible official seal of the Hawaii Department of Health embossed on them per the above Hawaii Adminstrative Rule and, therefore, are in fact contradictory records vis-a-vis Janice Okubo’s statement.


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