Illinois corruption-fighter Andy Martin, whose brawling style of pursuing Chicago gangster politicians and judges fits snugly in the Illinois milieu, has asked the Illinois Appellate Court in Chicago to place his name on the November 2nd ballot. Martin says Illinois politics is hopelessly corrupt, from the father daughter “crime family” of Lisa and Michael Madigan, to crooks in the Illinois Republican Party. Martin says that machine politicians in both parties want to deprive voters of meaningful choices in November. Martin says Mark Kirk is unfit to hold office.
NO: 1-10-2726
IN THE
APPELLATE COURT OF ILLINOIS
FIRST JUDICIAL DISTRICT
__________________________________________________
ANDY MARTIN,
Appellant,
vs.
ILLINOIS STATE BOARD
OF ELECTIONS, et al.,
Appellees.
__________________________________________________
EMERGENCY MOTION TO EITHER ORDER THE PLACEMENT OF
APPELLANT’S NAME ON THE BALLOT PENDENTE LITE OR TO SUSPEND
THE PRINTING AND DISTRIBUTION OF GENERAL ELECTION BALLOTS
Pursuant to Local Rule 6 Appellant moves this Honorable Court to order the placement of his name on the General Election ballot, pendente lite or, in the alternative, to direct the State of Illinois and its subdivisions to suspend the printing and distribution of ballots.
I.
THE FACTS APPLICABLE TO THIS MOTION
A. Who is the Appellant?
The Appellant has been fighting corruption in Illinois politics for forty-four years, since he was a law student at the University of Illinois College of Law. He first gained some notoriety in 1968 when he exposed that Secretary of State Paul Powell was collecting bribes; Powell died shortly thereafter and left behind shoeboxes stuffed with cash.
It is axiomatic that someone who has devoted his entire .professional life to fighting corruption is highly unpopular in both the political and judicial spheres of Illinois. And appellant is unpopular, precisely because he seeks to protect and vindicate constitutional rights and oppose the corrupt practices which are so prevalent in this state.
Nevertheless, it is precisely because Appellant is willing to fight for the Constitution that this Court should afford him some measure of respect.
B. What is the State’s strategy?
The Attorney General told the circuit judge that the state wanted new hearings before the State Board of Elections if the Appellant prevailed in court. In other words, the state wants hearings after the election is over concerning whether a candidate is qualified to run in already-conducted election. The political machine of Michael Madigan and his daughter Lisa Madigan is just as corrupt and odious as the political machine of Pat Brady and the Illinois Republican Party who are acting against Appellant.
The current “joke” in the media is that Madigan has chosen his own Republican to run against. See attached Chicago Tribune story. What the author John Kass leaves out is that the Republican Party is chiding Madigan to draw attention from its own corrupt shenanigans against Appellant and other candidates before the State Board, employing straw men, conduits and illegal payments under federal law.
Can it get any worse? Should appellant be ridiculed for trying to clean up the Illinois cesspool one campaign for office and one election at a time?
C. The Emergency
Every two years Illinois courts conduct “election litigation” while votes are being cast in the very election where the courts are reviewing the qualifications of candidates. This year is no different. The attached articles confirm that (i) votes are being cast and ballots are being distributed while Appellant and other new political parties are fighting to be on the ballot; and (ii) in an ultimate paean to absurdity, election officials hope that citizens will not cast votes because of the unsettled state of the ballot.
D. The Illinois judicial system as an institution is
delegitimized when it participates in the electoral charades and sham election litigation involving straw men, conduits and perjured testimony that have become a hallmark of the election process in Illinois
When a court allows itself to be a part of a charade, the court suffers as an institution. Citizens believe that Illinois politics are corrupt. To the extent that the courts participate in a corrupt process the courts ultimately and eventually lose legitimacy as impartial arbiters of constitutional rights and procedures.
There is no rational reason why Illinois should be unlike other states, almost all of which manage to avoid electoral litigation altogether by prohibiting straw men/conduit “objectors” and endless proceedings over ballot access, and which (ii) manage to resolve ballot issues before the ballots are printed and distributed, not after.
The current system of conducting Illinois elections serves the interests of corrupt public officials and corrupt political parties. Ipso facto, the system violates the U.S. Constitution as applied to candidates for federal office.
II.
LEGAL BASIS TO GRANT RELIEF
A. The Court has authority to award relief pendente lite
The Court has the authority to issue orders which protect the rights of the Appellant while the Court considers the unusual constitutional issues presented. And, after placing Appellant on the ballot pendente lite, the Court can always remove him nunc pro tunc if it later finds he should not prevail. But voters will be allowed to “cast their votes” on Appellant’s candidacy “at a meaningful time and in a meaningful manner.”
B. The Court owes a higher duty to federal candidates
State courts are presumed to be competent to adjudicate federal constitutional rights and enjoy concurrent jurisdiction, Taflin v. Levitt, 493 U. S. 455, 458, 110 S. Ct. 792 (1990).
Regrettably, federal courts have held that state and local candidates are entitled to less procedural and substantive protection in electoral disputes than candidates for federal office. But there is a principled constitutional basis for that distinction.
Federal candidates are created by the U. S. Constitution; their candidacies are supervised by federal election officials at the Federal Election Commission and U. S. Senate; state officials play a limited, ministerial role as to candidacies and even ballot procedures must conform to the higher standards of the U.S. Constitution and federal law. Thus the Court has a basis to order the placement of Appellant’s name on the ballot.
The Court certainly reserves the right to rule adversely to the Appellant a later date, but the Court will no longer be conducting serious constitutional litigation under the hydraulic pressure of voters who are literally voting in the election where Appellant is a candidate.
Ironically, if this Court were to take a strong stand against present practices and issue a favorable interim ruling in Appellant’s favor, the General Assembly might in the future amend the election laws to afford judges a more rational period of time to resolve election disputes before ballots are printed and voters start voting. The current system is “broken.”
This is the classic case in which to order relief because the decision of the circuit court is objectively illogical and absurd: the court ruled that despite a very explicit and detailed statutorily-mandated procedure for service of process created by the Election Code, the fact that the respondent State Board of Elections failed to serve the Appellant was irrelevant and meaningless. The Appellant was deemed to be “aware” of the proceedings because he fled a lawsuit protesting the lack of proper statutory-mandated service!
Nothing could be more calculated to make the Illinois courts look ridiculous than a ruling in which protesting you have not been served suspends the need for actual service of process.
As long as the Courts act in a supine manner and pretend to ignore the reality of what is going on, the charade will continue.
DATED: September 23, 2010
Respectfully submitted,
ANDY MARTIN
PRINCIPAL ADDRESS FOR
SERVICE OF NOTICES:
ANDY MARTIN
NATIONAL LITIGATION CENTER
P. O. Box 1851
New York, NY 10150-1851
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
E-mail: AndyMart20@aol.com (text only)
Additional courtesy copy (not principal
address for service) requested to:
ANDY MARTIN
REGIONAL LITIGATION SUPPORT
30 E. Huron Street, Suite 4406
Chicago, IL 60611-4723
SERVICE OF NOTICES IS RESPECTFULLY
REQUESTED BY FAX OR E-MAIL
Additional e-mail address available
upon request
CERTIFICATE OF SERVICE
I certify I have served the parties as set forth in the Notice of Filing on September 23, 2010
ANDY MARTIN
ANDY MARTIN: Honolulu conference to study Obama’s Muslim “roots”
September 30, 2010(HONOLULU, HI) Obama author and honorary Hawaiian “Ali’i nui” Andy Martin will convene his Third National Conference On Barack Obama’s Missing Birth Certificate, College Records and Muslim religion in Honolulu beginning November 9th. Martin will hold a New York City news conference September 30th to announce the Honolulu convention. Martin says the American people increasingly disbelieve Obama’s profession of Christianity. Martin has been credited by some in the alternative media with swaying public opinion to take a more critical look at Obama’s religious roots as well as triggering growing concerns about Islam in America. Almost one hundred million Americans now believe and follow Andy Martin’s questions about Barack Obama’s family origins. Martin is known as the “King of the Birthers” because of his relentless efforts to seek release of Obama’s original, typewritten birth certificate.
Internet Powerhouse Andy Martin will announce a Honolulu conference on Obama’s missing birth certificate, college records and Muslim religion
Martin was the first person to offer a coherent timeline during the 2008 presidential campaign for Obama’s religious and radical associations, on Sean Hannity’s America
ContrarianCommentary.com
“The Internet Powerhouse” Andy Martin
Executive Editor
“Factually Correct, Not Politically Correct”
FOR IMMEDIATE RELEASE:
ATTENTION DAYBOOK/ASSIGNMENT EDITORS
ANNOUNCEMENT OF NEW YORK NEWS CONFERENCE THURSDAY
ANDY MARTIN SAYS THE AMERICAN PEOPLE ARE RIGHT TO BELIEVE BARACK OBAMA IS A MUSLIM
MARTIN SAYS OBAMA’S LATEST PROFESSION OF CHRISTIANITY IS A HOLLOW ONE
ANDY MARTIN, AMERICAN’S MOST INFLUENTIAL OPINION WRITER AND BARACK OBAMA’S INTERNET OPPONENT FOR THE PAST SIX YEARS, PLANS A BLOCKBUSTER CONFERENCE IN HONOLULU
(NEW YORK)(September 29, 2010) ContrarianCommentary.com’s Executive Editor, Andy Martin, will hold a New York City news conference Thursday, September 30th to announce his Third National Conference on Barack Obama’s Missing Birth Certificate, College Records and Muslim religion. Martin’s new national conference will be held in Honolulu.
“Yesterday (September 28th) Barack was at it again, claiming to be ‘Christian,’” Martin says:
http://www.washingtonpost.com/wp-dyn/content/article/2010/09/28/AR2010092803203_pf.html
http://www.chicagotribune.com/news/nationworld/sc-dc-0929-obama-campaign-20100928,0,571396.story
“Well, the American people don’t believe him. They believe me.
“My original 2004 column on Obama’s Muslim religion may have become the single most influential piece of opinion journalism in print, broadcast or internet media. One writer credits me with being one of America’s most influential political analysts and the man who became the harbinger of America’s changing attitudes towards Islam:
http://www.digitaljournal.com/article/297321
“Why have I been so right over the past six years, and why has Obama been so wrong? [This release is Part One of a Two Part analysis (Part Two will come Friday, October 1st after our September 30th news conference)] I have been scrupulously honest in searching for the truth and seeking to find the facts about Obama’s family history. It has not been an easy journey.
“Obama refuses to release his original 1961 typewritten Hawai’i birth certificate. Why? Why are Hawai’i officials hiding this historic document? Why is there no plaque commemorating the ‘birthplace’ of Barack Obama in Hawai’i? Where was he born? Who was the doctor? All missing.
“Last year I predicted Obama would suffer because of his machinations, and he is.
“My columns and my book and movie have led almost 100 million Americans to question Obama’s origins. Two years into his presidency doubts are growing, not slowing, as I predicted in 2009.
“Yesterday Obama was at it again, saying he is a Christian. Well, to paraphrase the immortal phrase of the late Senator Lloyd Bentsen, ‘President Obama, I know Christians, and you’re no Christian.
“Let’s analyze what Obama said on Tuesday.
“First, Obama obviously felt the need to have the phony question about his religion planted at a political meeting. His claim that the question was spontaneous is nonsense. Obama poll tests everything in advance. There is no spontaneity to anything he does. Everyone who was in the New Mexico back yard was vetted by the secret Service and they were screened in advance. The American people are no longer being fooled by Obama’s bogus photo ops.
“Second, Obama claimed he came to Christianity ‘later in life.’ When will he provide a specific date when he was baptized?
“In my own denomination, the Episcopal Church, you can only become a Christian through Holy Baptism:
www.stthomaswhitemarsh.org
[Look under “To become an Episcopalian”]
“So when Obama was baptized? Is there a baptismal book with his name in it? Is there a certificate? To date he has produced nothing to verify his conversion to Christianity.
“I also have a great deal of experience with conversions to Christianity. In the Episcopal Church we get converts from other Christian denominations as well as occasional converts from other religions such as Judaism. So I know ‘converts.’ Obama exhibits none of the usual attitudes of a convert.
“People who convert to a religion pay special attention to theology and preaching. Obama claims he ‘converted,’ and then ignored the sermons at Trinity United for the next twenty years. Convert? No.
“Obama gave his daughters Muslim first names after ‘converting’ to Christianity. Convert? No.
“Christians universally celebrate Christmas; I suspect Michelle Robinson Obama’s family celebrated Christmas. The Obamas do not celebrate Christmas. Ironically, even the most loosely attached Christians flood churches at Christmas and Easter; Obama does not. Convert? No.
“For me, my faith is my life. I seriously doubt that anyone would make that statement about Mr. Obama.
“The bottom line: Barack Obama is not a Christian. He is still a Muslim as we will discuss further on Friday.
“Obama’s ‘religion’ became a major public issue three years ago. Since then, the more Obama has ‘explained’ who he is and what he believes, the less the American people believe him. That is an extraordinary record of retrogression by the Great Speechifyer.
“My writing in 2004 inadvertently created a political movement that now approaches one hundred million Americans who doubt who and what Barack Obama is. It is not an exaggeration to say my 2004 remarks became the most powerful and influential opinion column in American history. People believe me because they know that despite my political differences with Obama I am completely honest and impartial when dealing with Obama’s personal life. I just search for the truth and am constantly trying to find the facts.
“That is why our latest and largest national conference on Barack Obama will take place in Honolulu beginning on November 9th. To continue to find the facts and to search for the truth about Obama.
“We’ll have new sponsors and offer new opportunities to examine Obama’s Hawai’i ‘roots.’ Obama’s staffers will be paying close attention to our meeting. His thugs are always on our tail. Be there,” Martin says.
Martin plans to post registration details for his Honolulu conference after his Manhattan news conference Thursday. To receive email updates on the Conference please send a request to: contact@StopObamaCoalition.com
Andy Martin on Sean Hannity:
COMING FRIDAY:
PART TWO OF WHY OBAMA IS A MUSLIM
SEPTEMBER 30TH NEWS CONFERENCE DETAILS:
WHO:
ContrarianCommentary.com Executive Editor Andy Martin
WHAT:
Internet powerhouse Andy Martin will announce his Third National Conference on Barack Obama’s Missing Birth Certificate, College Records and Muslim religion
WHERE:
909 Third Avenue, public sidewalk in front of FDR Station, New York (under the “909” canopy in case of rain)
WHEN:
Thursday, September 30, 3:00 P. M.
MEDIA CONTACT:
GENERAL: (866) 706-2639 CELL (917) 664-9329;
————————————-
ABOUT ANDY: Andy Martin, who Chicago Public Radio calls a “boisterous Internet activist,” is the legendary New York and Chicago-based muckraker, author, Internet columnist, radio talk show host, broadcaster and media critic. He has over forty years of background in radio and television and is the dean of Illinois media and communications. He promotes his best-selling book, “Obama: The Man Behind The Mask” and his Internet movie “Obama: The Hawai’i years.” Martin has been a leading corruption fighter in Illinois for over forty years. He is currently sponsoring www.AmericaisReadyforReform.com
Andy is the Executive Editor and publisher of the “Internet Powerhouse,” www.ContrarianCommentary.com. He comments on regional, national and world events with more than four decades of investigative and overseas experience. He holds a Juris Doctor degree from the University of Illinois College of Law and is a former adjunct professor of law at the City University of New York (LaGuardia CC, Bronx CC).
UPDATES:
www.twitter.com/AndyMartinUSA
www.facebook.com/AndyMartin
Andy’s columns are also posted at ContrarianCommentary.blogspot.com; contrariancommentary.wordpress.com.
contrariancommentary.typepad.com
[NOTE: We try to correct any typographical errors in this story on our blogs; find our latest edition there.]
MEDIA CONTACT: (866) 706-2639 or CELL (917) 664-9329
E-MAIL: AndyMart20@aol.com
© Copyright by Andy Martin 2010
Tags:Andy Martin, Barack Obama, Christian, ContrarianCommentary.com, Hawai'i, Honolulu, Muslim, National Conference on Barack Obama's Missing Birth Certificate, Obama: The Hawai'i Years, Obama: The Man Behind the Mask
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