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Mrs. Shearer
Elections Division

On the 9th of January I filed a complaint via registered mail with the Secretary of State and a copy letter to the Governor Martinez concerning a fraudulent ballot presented to the Voters of New Mexico during the 2008 Presidential election and the possibility that similar fraud would be "certified" by your department and Governor Martinez for the 2012 Presidential Election. I have made numerous telephone calls to the Secretary of State's office inquiring as to the status of the complaint. I have been referred to Mandy, Kelly Baca, and others and left voice mails for each of them to respond to my calls. These calls were made over the last 3 weeks because I you’re your Committee was meeting to "certify" Presidential Candidates as the legislative session approached it's end. To date I have received no response to my complaint or to it's status. The "natural born citizen" issue is real and plausible and supported by Supreme Court findings. For the State of New Mexico to knowingly forward such a Presidential ballot to the citizens of New Mexico is reprehensible!

On the 10th of February the Associated Press reported:

Republican presidential candidates Mitt Romney, Newt Gingrich, Rick Santorum and Ron Paul have earned a place on New Mexico’s June 5 primary election ballot.

Secretary of State Dianna Duran said Friday that President Barack Obama was certified to appear on the Democratic ticket.

Other Republican or Democratic presidential candidates can get on the primary ballot by submitting about 16,000 voter signatures to the state by March 12.

A committee of state officials and leaders of the state Republican and Democratic parties nominates and certifies presidential candidates for the primary election.

This press release indicates that a decision was made to allow the certification based on the “certification” of the Democratic Party of New Mexico. I will be filing a request via (New Mexico Inspection of Public Records Act) for all records concerning the complaint and associated complaints as well as all documents associated with your Elections Committee to assure the voters of New Mexico why the Democratic Party knowingly violated State Elections guidelines and the United States Constitution (Article 2 Section 1 sentence 5) and the Secretary of State was complicit in the fraudulent primary ballot issued.

I understand that this is a very busy period due to the redistricting issues but to just not respond is unacceptable. Please tell me the status of my complaint. As noted in the complaint there are a number of co-signers; to date there are over 110 who feel as strongly as I about this issue. They are all voters in New Mexico and worthy of hearing the response from the State.

Thank you for your assistance.

Jerry B. Clark

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http://www.newswithviews.com/Marquardt/kathleen103.htm

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Description of HAVA Title III Violation

The New Mexico Secretary of State has the responsibility for oversight of the entire election process. To insure compliance with municipal, state, and federal laws the Secretary of State publishes an Election Guide and a Candidate Handbook to provide direction to parties, candidates, and voters .

The candidate guides for 2008 and 2012 are identical in their description of the qualifications required to be listed on the Presidential ballot:

President of the United States
• must be a natural born citizen; as defined in ( Minor v Happersett 88 U.S. 162 (1875)
• must be a resident within the United States for fourteen years; and
• must be at least thirty-five years of age. (U.S. Const. Art. II Sec. 1)

In 2008, this qualification was violated because The Democratic Party of New Mexico certified their candidate, Barack H. Obama, met the required standards. They submitted a false certification of this candidate, which allowed an unqualified candidate to be placed on the New Mexico federal ballot.

Similarly, the New Mexico Secretary of State Mary Herrera, also violated New Mexico elections code and allowed this unqualified candidate to be placed on the New Mexico federal ballot. (ref: NM Election Handbook 2011 Certification 1-19A-6 (3) QUALFIED as a candidate PURSUANT to other APPLICABLE STATE ELECTION LAW;

The alleged violator(s) was either the Democratic Party of New Mexico or the New Mexico Secretary of State Mary Herrera.

The violation of the New Mexico Candidate Guide, New Mexico Election Guide, and the United States Constitution allowed an illegal candidate to be placed on the New Mexico ballot.

A future violation of the same New Mexico code will occur if this candidate is placed on the 2012 Presidential ballot.

President Obama released his long form birth certificate, which stated his father was born in Kenya, East Africa making him either a Kenyan citizen or a British citizen not an American Citizen. This documented verification of his father’s citizenship causes the natural born citizenship requirement to be failed.

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