c/o 2509 N. Campbell, #1776 Tucson [zip code exempt] ARIZONA REPUBLIC September 19, 1996 Mr. Larry Bahill Registrar of Voters Pima County Recorder 115 North Church Avenue Tucson, Arizona Subject: Qualified Elector Registration Dear Registrar: Thank you for your letter to Me, dated September 18, 1996, providing Me with information about the "Voter Registration forms" and places where I may obtain them. It has already come to My attention that the Arizona voter registration affidavit requires that I certify, under penalty of perjury, that I am a citizen of the United States before I am eligible to vote. As a part-time student of comparative economic history, I have stumbled across a number of court cases which, quite to My surprise, decided that an American may be a Citizen of Arizona state without also being a citizen of the United States (see attached). Confer also at the definition of federal citizenship in Black's Law Dictionary, Sixth Edition. Since I am a Citizen of Arizona state who is not also a citizen of the United States, nor do I ever want to become a citizen of the United States because so many federal government agents are now involved in widespread criminal syndicalism and even murder (e.g. Oklahoma City bombing), this is My question to you: As a Citizen of Arizona state who is not also a federal citizen, how can I sign your voter registration affidavit without also committing perjury? I certainly would like to vote in the upcoming election, particularly for My representative in the Congress of the United States, but I do not wish to be forced into declaring a foreign status just because I wish to exercise My fundamental Right to choose My representative. Nor do I have any intention of committing perjury. Please correct Me if I am wrong, but it is My understanding that U.S. Representatives are supposed to be elected by the People of the several States (see U.S. Constitution, Article I, Section 2, Clause 1). In My opinion, this provision proves that voting for U.S. Representatives is the exercise of a fundamental Right, and not a privilege which can be taxed, regulated, or liened. I would appreciate your timely clarification of these matters. One last thing: If I am not listed on the voter registration roster, does this mean I will never be called to serve on a grand jury or trial jury, either state or federal? Your timely response to these questions will be most appreciated. I want to do everything I can to make sure that the State of Arizona does not obstruct, in any way, My fundamental Right to choose My Representative in the Congress of the United States in the upcoming general election in November. Thank you very much for your consideration. Sincerely yours, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness and Counselor at Law copy: Counsel Representatives Jim Kolbe, Ed Pastor Senators John Kyl, John McCain Court authorities follow: In this state both statutes and judicial decisions have recognized the fundamental right of citizens generally not only to vote but also to hold office (Gov. Code, Secs. 274, 275, Carter v. Comm. on Qualifications, etc. (1939) 14 Cal. 2d 179, 182, 93 P.2d 140, People v. Washington (1869) 36 Cal. 658, 662) .... [Fort v. Civil Service Com'n of County of Alameda] [392 P.2d 385 (1964)] It is quite clear, then, that there is a citizenship of the United States** and a citizenship of a State, which are distinct from each other and which depend upon different characteristics or circumstances in the individual. [Slaughter House Cases, 83 U.S. 36 (1873)] [emphasis added] We have in our political system a Government of the United States** and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of its own .... Slaughter-House Cases [United States v. Cruikshank, 92 U.S. 542 (1875)] [emphasis added] A person who is a citizen of the United States** is necessarily a citizen of the particular state in which he resides. But a person may be a citizen of a particular state and not a citizen of the United States**. To hold otherwise would be to deny to the state the highest exercise of its sovereignty, -- the right to declare who are its citizens. [State v. Fowler, 41 La. Ann. 380] [6 S. 602 (1889), emphasis added] There are, then, under our republican form of government, two classes of citizens, one of the United States** and one of the state. One class of citizenship may exist in a person, without the other, as in the case of a resident of the District of Columbia; but both classes usually exist in the same person. [Gardina v. Board of Registrars, 160 Ala. 155] [48 S. 788, 791 (1909), emphasis added] # # #
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Arizona v. Mitchell : Voting Rights Violation