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Date: Sat, 01 Mar 1997 08:01:19 -0800
To: fwolist@hollyent.com
From: Paul Andrew Mitchell [address in tool bar]
Subject: SNET: SLS: SSN required to vote
Cc: OctoberL@aol.com
-> SearchNet's SNETNEWS Mailing List
[This text is formatted in Courier 11, non-proportional spacing.]
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)]
Since this authority defines voting to be a fundamental Right,
you can raise the possibility of a violation of 18 U.S.C. 242,
and possibly also 241 (if there were 2 or more conspiring to
deprive you of your fundamental Right to choose your Representative
in the House of Representatives, pursuant to Art. I, Section 2,
Clause 1), because you are one of the "People of the several States"
as that term is utilized in the U.S. Constitution. Said term has
never been amended or repealed and, as a state Citizen, you are
guaranteed a Republican form of Government by the Guarantee
Clause. The voter registration form is evidence that a legislative
democracy has invaded the several States of the Union; said form
is all the proof you need that the Guarantee Clause is being
violated, and that Guarantee is a fundamental Right of all
state Citizens, on a par with their fundamental Right to choose
their Representative in the Congress every 2 years.
There was only one class of citizenship when the U.S. Constitution
was ratified; the second class of federal citizens was created
by the 1866 Civil Rights Act. This second class is a franchise
belonging to the District of Columbia. Thus, you can argue
effectively that the voter registration requirement --
that all registrants be federal citizens -- can be reduced
to the absurd, namely, the voter registration form excludes
those who are the only ones currently eligible for the
3 elective offices in the federal government.
Those are Representative, Senator, and President.
See 1:2:2, 1:3:3, and 2:1:5, respectively.
This result is absurd, because it leads to this conclusion:
the very Citizens who are eligible for these elective offices
cannot choose any candidates for those offices on election day.
In other words, they are prevented from voting for themselves.
So, one can be a qualified candidate, but that same Person cannot
vote for any qualified candidates.
The Law does not countenance absurd results;
"Lex non cogit impossibilia":
The Law does not compel the doing of impossibilities.
See also "Reductio ad absurdum" in Black's Law Dictionary.
Pretty absurd, if you ask me!
If you want to add punch to this argument, be sure to cite the
Supremacy Clause, which renders the Guarantee Clause the
supreme Law of the Land!
Last but not least, be sure to cite Public Law 93-579, Act
December 31, 1974, Section 7, 88 Stat. 1909, to wit:
"It shall be unlawful for any Federal, State or local
government agency to deny to any individual any right,
benefit, or privilege provided by law because of such
individual's refusal to disclose his social security
account number."
This statute was hidden when it was not codified with
the rest of the Privacy Act in Title 5, United States Code.
You will find it in the Historical Notes in Title 5,
where very few people bother to read! So, we have established
that choosing your Representative every 2 years is not only
a Right; it is a FUNDAMENTAL RIGHT!!
/s/ Paul Mitchell
>
>My Application for Voter Registration has been denied because I did not
>supply my (rescinded) Socialist Insecurity Number. I am preparing the
>appeal and have to submit it within ten days of 28 Feb 97.
>
>If any of you are legal eagles, could you please look this over and let me
>know if I have it straight? Do I need to inquire as to whether or not this
>will be a court of record? Is this the proper venue to submit this appeal,
>or do I need a different court? Should I try to get information via
>discovery as to who initiated this denial as it has been over thirty days
>since I re-registered?
>
>Your help is much appreciated.
>B
>
>PETITION FOR APPEAL
>FOR
>DENIAL OF VIRGINIA VOTER REGISTRATION
>
>TO:
> Paul C. Garrett
> 315 East High Street
> Charlottesville, Virginia
> postal code 22902/TDC
>
>VIRGINIA:
>
> IN THE CIRCUIT COURT OF THE CITY OF CHARLOTTESVILLE
>
>In the matter of
>
> Brad L. Barnhill, petitioner
>
>Your petitioner respectfully represents as follows:
> 1. The General Registrar for the City of Charlottesville has denied
>petitioner's application to register to vote because he did not provide a
>Social Security Number on said application.
> 2. The following facts are stated in support of petitioner's right to
>register to vote:
> a. Petitioner is a natural born citizen of the Kansas Republic, and so of
>these united States of America, inhabiting the Commonwealth of Virginia
>since 1972. See Exhibit "A", DECLARATION OF STATE CITIZENSHIP, dated 17
>January 1997.
> b. Petitioner has diligently studied the context of laws regarding the 14th
>Amendment of the U.S. Constitution and the consequences of applying for this
>PRIVILEGED CITIZENSHIP. During this study petitioner learned that when a
>natural born Citizen of one of the States of the Union applies for a Social
>Security Number, that he receives this 14th Amendment PRIVILEGED CITIZENSHIP
>in the Federal United States [26 USC 3306(j)(2)], FORFEITS his native-born
>rights, and as such is no longer protected by the Bill of Rights of the U.S.
>Constitution.
> c. There is no provision of the Social Security Act that would not allow
>Petitioner, in his capacity as a natural born State Citizen, to refrain and
>withdraw from participating in the Social Security system. Petitioner has
>submitted documentation to every government official he can find declaring
>this intention to refrain and withdraw and to reclaim his birthright. See
>Exhibit
>"B", AFFIDAVIT of Sovereignty and Independence and Exhibit "C", SERVICE
>LIST. Affidavit was mailed 5 February 1997, and having not been directly
>challenged by any of these authorities, stands as truth.
> d. Even if there were such a provision, Petitioner received his Social
>Security Number through an application submitted by his parents, before he
>was the age of consent. Petitioner cannot be compelled to perform under a
>contract he did not sign.
> e. Even if petitioner had signed a Social Security Application, petitioner
>never would have knowingly, voluntarily, or intentionally have waived his
>birthright, had he been completely informed as to the consequences by the
>Federal Government. Petitioner has DISCHARGED this
>presumed liability WITHOUT PREJUDICE pursuant to the Uniform Commercial Code
>3-601.3. See Exhibit "D", Social Security Rescission, which was mailed 5
>February 1997 and having not been directly challenged, stands as truth.
> f. Article II, Section 2 of the Constitution of Virginia (1971) requires
>that a person registering to vote to provide his Social Security Number, if
>any. Petitioner honestly believes in good faith that he does not have a
>Social Security Number, that he has informed plenty of government officials
>that he does not have a Social Security Number, and so cannot provide one.
>
>WHEREFORE, your petitioner respectfully prays that this Honorable Court will
>determine petitioner's right to register to vote, as provided in Section
>24.2-422 of the Code of Virginia.
>
>
>
>Signed: _______________________________
> Petitioner
>
>
>==========================================
>When you have a chioice, choose Freedom.
>When you have no choice, resist with every fiber of your being.
>==========================================
>brad.barnhill@mindspring.com
>
>
>
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Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
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