FREEDOM DEMANDS RESPONSIBILITY
CITIZENS FOR RESPONSIBLE USE OF
FREEDOM
WHAT: VIGIL
WHERE: DOWNTOWN INDIANAPOLIS ON
NORTHSIDE STEPS OF THE CIRCLE
WHEN SATURDAY, OCTOBER 6, 2012
TIME: 12 NOON
WHY: On September 11, 2012 Americans remembered the lives of those individuals who were mercilessly killed during the September 11, 2001 attacks.
On the same day that the 11th anniversary of the tragedy was being remembered, two notable, anti-American events unfolded in the Middle East — in Egypt, Islamists tore down the American flag at the U.S. embassy and, in Libya, radicals burned down the U.S. consulate and killed a U.S. diplomat. These actions were taken in Libya probably as a reaction to the 9/11 anniversary and in retribution for an obscure anti-Islam and anti-Prophet Muhammad film that was produced in America. Riots have spread to Morocco, Tunisia, Pakistan, Sudan and many other countries because the movie falsely shows the Muslim prophet Muhammad as a moronic, homosexual adulterer who approves of sexually abusing children. Freedom in America gives citizens the right of expression. So the producer did nothing illegal. However by misrepresenting Prophet Muhammad the producer’s use of this freedom is highly irresponsible.
Therefore, we are calling on all citizens of the United States of America who cherish our rights as citizens and who promote the responsible use of those freedoms to rally and let our voices be heard!!
FREEDOM DEMANDS RESPONSIBILITY
For more info Call 317-683-6808 Coordinated by Rev. Ajabu
Reader Comments (16)
One more thing, the price of freedom is unfortunately paid in lives. When we take their lives as we are losing ours then they will eventually leave us to develop independently. Our people seem to want freedom without paying the price. To ge...t something without paying for it is stealing. We can't steal our freedom. History bears witness that we can't let these devils give us freedom. What we have been given is the name of freedom without having the parameters of freedom. We can't steal or be given our freedom. We must pay the price. In fact, we must make those who stand in the way of our freedom, we must make them pay the price. That price is loss of life on both sides until they get tired of dying and we then really respect one another. It is unfortunate, but again it is the reality in which we live. My brother, truly I'm ready. YOU READY?? I mean really. It is time to make preparation to get it on. Up you mighty race. Accomplish what you will!!
July 9, 2011 | Rev. Mmoja Ajabu
You say people want freedom without paying the price. What about getting all those free "entitlements" the government hands out to people who won't work to earn them. Ambassador Stevens was a friend to Libya and helped free them from tyranny and was helping them build a democracy and the Muslim extremists raped and murdered him. It was not in response to a movie that was released two months before the attacks, which occurred on the anniversary of the murder of over 3,000 innocent Americans. You are a complete idiot. You constantly uphold people who harm and kill innocents for their own twisted and irrational reasons. Like when you celebrated the seven black thugs who beat up the teenage white girl and her male companion saying it was retribution for Trayvon Martin. They had nothing to do with Trayvon Martin. As for the prophet Mohammed, he was at the very least a mysogynistic megalomanic and the father of an ancient hate based religion.
Bunneh,
You forgot to call him a hood-rat
He knows what he is. It is not necessary to state what we all know to be fact Jo.
Dawn/Bunneh/Jo:
American arrogance must morph into learning how to be civil with the world. If not the world will turn on America and survival will be a real issue. Hell it's an issue now. You better wake up!!
Example of an arrogant American:
http://indianapublicmedia.org/news/election-commission-nixes-mmoja-ajabus-7th-district-run-35378/
The concept of a republic revolves around a reversal of the traditional narrative of power. Throughout most of history, government stood at the top of the pyramid, where the hands of a few dominated the destinies of the citizenry. The future was a matter for the elites, not the peasants, to be concerned with. The American republic, as designed by the revolutionary colonists who defeated the old oligarchy, flipped the role of government to servant rather than master. The goal was to make government tangible and accountable rather than abstract and untouchable. The America of today has no such accountability anymore.
We have a two-party system that pursues the mechanizations of globalism in tandem, not in contest. When both parties have the same desires and goals, when both parties collude to remove civil liberties rather than protect them, and when both parties are funded by the same corporate backers, there is no such thing as change through the process of elections. Anyone who claims that government corruption can be punished through the ballot box hasn’t the slightest clue how our system really functions. They think we are still living in the original “America,” one that values the voice of the people.
When the government decides to push through banker bailouts, the Patriot Act, the National Defense Authorization Act, etc., all while ignoring opposition by a vast majority of citizens, it is clear that the paradigm has shifted and the American value of representation by and for the people is lost.
The Founding Fathers specifically sought to keep America out of foreign entanglements and haphazard alliances. They knew from experience that the elites and monarchies of Europe often used wars as a means of consolidating power and keeping populations in relative fear. They were well aware of the methodologies of Niccolo Machiavelli and knew that forced alliances were a trap used to ensnare nations into unnecessary conflict and financial dependency while keeping the masses subservient through false patriotism.
Today, our government has utterly violated the original principles of reserved foreign policy, especially in the past century. The excuse always used is that “we are under attack,” yet we usually discover later that these “attacks” were actually fabricated by our own leaders. From the sinking of the USS Maine, to the sinking of the Lusitania, to the Gulf of Tonkin and beyond, for the past 100 years, Americans have been presented with false flag threats used as leverage to convince us to become entangled in foreign engagements. This strategy has become so common that elitists now openly admit their intentions to commit future false flags in order to draw us into yet another war, this time with Iran.
The current policy of “exporting democracy” has not only been a complete failure (just look at Egypt, Libya, Syria, Iraq, Afghanistan, etc.), it is also a total affront to the foundation of the American dynamic. Patriotism in the name of interventionism is foolhardy and decidedly un-American.
STATE OF INDIANA ) IN THE MARION SUPERIOR COURT
)ss:
COUNTY OF MARION ) CAUSE NO: __________________________________
MMOJA AJABU )
)
Plaintiff/Petitioner, )
)
-vs- )
)
DANIEL A. DUMEZICH in his )
official capacity as Chair of the )
Indiana Election Commission; )
S. ANTHONY LONG, in his official )
official capacity as Vice-Chair of the )
Indiana Election Commission; )
BRYCE H. BENNETT JR and )
SUZANNAH WILSON )
OVERHOLT in their official )
Capacity as members of the )
Indiana Election Commission, and Connie )
Lawson in her official capacity as Indiana )
Secretary Of State )
)
Defendants/Respondents. )
VERIFIED PETITION FOR REVIEW OF FINAL AGENCY ACTION
Comes now Plaintiff/Petitioner Mmoja Ajabu, pro se (hereinafter “Petitioner”), and hereby files his Verified Petition to obtain judicial review of a final agency action of the Indiana Election Commission Cause No. 2012-243 on September 4, 2012, and in support thereof states as follows:
1. Petitioner, Mmoja Ajabu, resides at 3206 West 57th Street, Indianapolis, Indiana 46228; I am a United State citizen; I am registered and a qualified voter of the State of Indiana and the County of Marion; and I reside in the Indiana Seventh (7th) Congressional District.
2. Petitioner has standing pursuant to IC 4-21.5-5-3(a)(1) and(4) because the agency action was directed at Petitioner, and Petitioner was aggrieved or adversely affected by the agency action.
3. Respondents Daniel A. Dumezich and S. Anthony Long, are the Chair and Vice-Chair respectively, of the Indiana Election Commission (hereinafter “IEC”). Respondents Bryce H. Bennett Jr. and Suzannah Wilson Overholt are additional members of the IEC. In their respective official capacities, they are responsible for administering Indiana election laws governing the fair, legal and orderly conduct of elections and advising and supervising local election officers. Ind. Code §3-6-4.1-14. They are also responsible for determining the validity of challenges to certification denial IC 3-8-6-12 of candidacy of candidates running for Federal offices under I.C. 3-8-1-2(e). Dumezich and Long are sued in their official capacities as Chair and Vice-Chair of the IEC, and Bennett and Overholt are sued in their official capacities as members of the IEC. Respondent IEC’s address is 302 W. Washington Street, Indianapolis, IN 46204-2767, and Connie Lawson is sued in her official capacity as Indiana Secretary of State who is responsible to verify the Marion County Board of Voter Registration decision to certify the petition signatures of a citizen running as an Independent for Congress (I.C. 3-8-7-16). Respondent Connie Lawson’s address is 200 W. Washington St., Room 201, Indianapolis, IN 46204.
4. On March 2, 2012 Petitioner, Mmoja Ajabu using State Form 36186 (R16/6-11) presented to LaDonna Freeman, Democratic Board Member of the Marion County Board of Voters Registration approximately 2,700 signatures to be certified for his attempt to be placed on the November General Election Ballot in his candidacy as an Independent for the Seventh (7th) Congressional District of Indiana.
5. On May 10, 2012 Cindy Mowery and LaDonna Freeman Republican and Democratic, respectively, Board Members of the Marion County Board of Voters Registration filed a letter with The Honorable Connie Lawson, Indiana Secretary of State stating “The Marion County Board of Voter Registration has reviewed the attached petitions presented by Mr. Mmoja Ajabu. We, as Board Members, hereby certify that to the best of our knowledge and belief there are 1,300 total registered voters who signed the attached petitions from the 7th congressional district.”
6. On or about May 11, 2012 the petitions submitted were returned to Petitioner by LaDonna Freeman. Petitioner noticed indications on the petitions in the space provided that Voter Registration personnel had wrote notations such as “r”, “nr” and some had no notation at all in the space provided. I questioned Ms. Freeman about the meaning of these notations and was informed that “r” meant registered, “nr” meant not registered and if there was no notation then a blank spot indicated the signature was accepted as a valid registration and that it was certified. Ms. Freeman also gave Petitioner two websites so when I turned in additional signatures that I could verify the signers’ registration before submitting the signature to be certified.
7. Since Petitioner had been informed that I needed 3,010 valid signatures to be placed on the ballot I continued my signature gathering efforts.
8. On June 26, 2012 Petitioner, Mmoja Ajabu presented approximately 4,400 additional signatures to LaDonna Freeman to be certified by the Marion County voter registration office.
9. Before turning in the additional signatures of approximately 4,400 Petitioner had verified approximately 2,400 valid 7th district voters’ had signed the petitions.
10. In a letter dated July 10, 2012 from Cindy Mowery and LaDonna Freeman, Republican and Democratic, respectively, Board Members of the Marion County Board of Voters Registration filed a letter with The Honorable Connie Lawson, Indiana Secretary of state stating “The Marion County Board of Voter Registration has reviewed the attached petitions presented by Mr. Mmoja Ajabu, on June 26, 2012. We, as Board Members, hereby certify that to the best of our knowledge and belief there were no additional valid signatures. Therefore, Mr. Ajabu’s verified petition signatures remains 1,300 for the 7th Congressional District.”
11. When Petitioner viewed the 4,400 additional signatures submitted he noticed that in the space provided there were no notations as were for the signatures submitted initially. Petitioner asked LaDonna Freeman why there were no notations and was informed that the petitions were not reviewed because the petitions were copies.
12. Petitioner informed Ms. Freeman that her legal duty was to certify the petitions. IC 3-8-6-5.5 gives guidance on “Questions concerning validity of filings.”
13. I.C. 3-8-6-6 states that Signatures; petitioners must be registered to vote. Sec. 6. States “The signatures to a petition of nomination need not be appended to one (1) paper, but a petitioner may not be counted unless at the time of signing the petitioner is registered and qualified to vote. Each petition must contain the following: (1) The signature of each petitioner. (2) The name of each petitioner legibly printed. (3) The residence mailing address of each petitioner. All the signatures submitted met the requirement of I.C. 3-8-6-6. No part of this statute invalidates a signature that is from lithography.
14. I.C. 3-8-6-8 “Certification of petitioners as eligible to vote.” Sec 8. “For a petition of nomination to be considered valid by the officer required to receive the petition, the circuit court clerk or board of registration in the county where the petitioner is registered must certify that each petitioner is a voter in the county. The Marion County Board of Voter Registration prejudiced Petitioner and acted arbitrarily, was capricious, abused its discretion, and was not in accordance with I.C. 3-8-6-8 by not reviewing the petitions to determine if they contained valid signatures of voters in the 7th Congressional District of Indiana. The Marion County Board of Voter Registration prejudiced Petitioner by not observing the procedure required by I.C. 3-8-6-8. Indiana law dictates that the Board “must certify” that each petitioner is a voter in the county.
15. Indiana law gives the Marion County Board of Registration further guidance and dictates that “resolution of reasonable doubt must be in favor of the registered voter ((I.C. 3-5-6-2). In a case where (1) the county voter registration office is uncertain whether a signature has been affixed by a registered voter; and (2) this chapter does not establish a standard to be applied in that case; a reasonable doubt must be resolved in favor the registered voter, and the signature must be certified as valid (I.C. 3-5-6-3 (1) & I.C. 3-5-6-3 (2). Indiana law clearly dictates to the Marion County Board of Voter Registration that if it has doubt in should err toward certifying signatures. Again nowhere does this statute invalidate a signature submitted by way of lithograph.
16. I.C. 1-1-4-5 defines definitions applicable to construction of all Indiana statutes.
17. I.C. 1-1-4-5-28 states “written and in writing include printing, lithographing, or other mode of representing words and letters. If the written signature of a person is required, the terms mean the proper handwriting of the person or the person’s mark.” A lithograph depiction or other mode of representing words and letters, such as a photocopier, of a person’s signature by Indiana law is still considered to be the person’s legal signature.
18. In early August 2012 I received the “Certification of Denial of Petition of Nomination” signed by Secretary of State of Indiana, Connie Lawson dated July 31, 2012.
19. On August 8, 2012 Petitioner filed a timely challenge with the IEC (Form CAN-1) contending that the Secretary of State should verify the Marion County Board of Voter Registration work (I.C. 3-8-6-7-16) not deny Certification of Petitioner’s Petition of Nomination because the office of the Marion County Board of Voter Registration should have complied with I.C. 3-8-6-8 and reviewed the additional petitions I turned in and should not be permitted to ignore their ministerial duty to certify the valid signatures which the petitions contained.
20. The Secretary of State’s action denying the nomination as an independent candidate is based upon providing copies of “Certification of Denial of Petition of Nomination”. The state action is in violation of her authority because copies of signatures meet the requirements of I.C. 3-8-6-6. The Secretary of State has not legal authority to deny candidates who meet the statutory requirements.
21. The agency action was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; and the agency action was in excess of statutory jurisdiction, authority, or limitations, or short of statutory right. IC 4-21.5-5-14(d)(1) and(3).
22. The final decision of IEC was issued on September 4, 2012 as indicated in the Certified Transcript filed with this Court.
23. Petitioner has exhausted his administrative remedies.
WHEREFORE, Petitioner respectfully requests that the Court reverse the IEC’s final agency action, and remand the case back with instructions to the Secretary of State to certify Petitioner’s candidacy for placement on the November 6, 2012 General Election ballot.
Respectfully submitted, ___________________________________ Mmoja Ajabu, pro se
Mmoja Ajabu
E-mail: ajabum12@netzero.net
I, Mmoja Ajabu, affirm under the penalties for perjury that the foregoing representations are true and correct to the best of my knowledge and belief.
________________________________
Mmoja Ajabu
CERTIFICATE OF SERVICE
The undersigned hereby certifies that, on the ___ day of September, 2012 a copy of the foregoing was hand carried to Indiana Attorney General Office, 302 West Washington Street, Indianapolis, IN 46204 and to the Indiana Election Commission Office 302 West Washington Street, Indianapolis, IN 46204 and to the Indiana Secretary of State Office, 200 W. Washington St., Room 201, Indianapolis, IN 46204.
_____________________________________________
Mmoja Ajabu
Ajabum12@netzero.net
MMOJA AJABU )
)
Plaintiff/Petitioner, )
)
-vs- )
)
DANIEL A. DUMEZICH in his )
official capacity as Chair of the )
Indiana Election Commission; )
S. ANTHONY LONG, in his official )
official capacity as Vice-Chair of the )
Indiana Election Commission; )
BRYCE H. BENNETT JR and )
SUZANNAH WILSON )
OVERHOLT in their official )
Capacity as members of the )
Indiana Election Commission, )
)
Defendants/Respondents. )
ORDER
Comes now the Petitioner, Mmoja Ajabu, and files his Verified Petition for Judicial Review.
And the Court, being duly advised in the premises,
IT IS ORDERED that Court has reversed the IEC’s final agency action, and remanded the case back with instructions to the Secretary of State to certify Petitioner’s candidacy for placement on the November 6, 2012 General Election ballot
DATED this ____ day of September, 2012.
____________________________________
Judge, Superior Court
DISTRIBUTION:
Mmoja Ajabu
Indianapolis, IN 46228
Office of the Attorney General
302 W. Washington Street
Indianapolis, IN 46204
Indiana Election Commission
302 West Washington Street
Indianapolis, IN 46204-2767
Indiana Secretary of State Office
200 W. Washington St., Room 201,
Indianapolis, IN 46204.
Reverend,
The topic is the Third World and revolution.- Not how to work throught the system
Try to stay focused, ok?
Carlos May has contacted us and is planning to attend. Haven't heard from Andre. Have you seen him? This is shaping up to be a truly meaningful event. With freedom comes responsibility. My suit against the Secretary of State is an attempt to make them responsible with our freedom. Oopppsss Jo brought that up and thinks it is not on topic. Irresponsible use of freedom is irresponsible no matter the venue. Wake up Jo or we're all through!!
Oh by the way: I plan to submit the following later today. Changes start at about paragraph 27. Jo we must know how to work to realize our freedoms through the system. It is part of freedom.
VERIFIED MOTION FOR REVIEW OF FINAL AGENCY ACTION,
AND FOR PRELIMINARY INJUNCTIVE AND DECLARATORY RELIEF
Comes now Plaintiff/Petitioner Mmoja Ajabu, pro se (hereinafter “Petitioner”), and hereby files his Verified Petition to obtain judicial review of a final agency action of the Indiana Election Commission Cause No. 2012-243 on September 4, 2012, and in support thereof states as follows:
1. Petitioner, Mmoja Ajabu, resides at 3206 West 57th Street, Indianapolis, Indiana 46228; I am a United State citizen; I am registered and a qualified voter of the State of Indiana and the County of Marion; and I reside in the Indiana Seventh (7th) Congressional District.
2. Petitioner has standing pursuant to IC 4-21.5-5-3(a)(1) and(4) because the agency action was directed at Petitioner, and Petitioner was aggrieved or adversely affected by the agency action.
3. Respondents Daniel A. Dumezich and S. Anthony Long, are the Chair and Vice-Chair respectively, of the Indiana Election Commission (hereinafter “IEC”). Respondents Bryce H. Bennett Jr. and Suzannah Wilson Overholt are additional members of the IEC. In their respective official capacities, they are responsible for administering Indiana election laws governing the fair, legal and orderly conduct of elections and advising and supervising local election officers. Ind. Code §3-6-4.1-14. They are also responsible for determining the validity of challenges to certification denial IC 3-8-6-12 of candidacy of candidates running for Federal offices under I.C. 3-8-1-2(e). Dumezich and Long are sued in their official capacities as Chair and Vice-Chair of the IEC, and Bennett and Overholt are sued in their official capacities as members of the IEC. Respondent IEC’s address is 302 W. Washington Street, Indianapolis, IN 46204-2767, and Connie Lawson is sued in her official capacity as Indiana Secretary of State who is responsible to verify the Marion County Board of Voter Registration decision to certify the petition signatures of a citizen running as an Independent for Congress (I.C. 3-8-7-16). Respondent Connie Lawson’s address is 200 W. Washington St., Room 201, Indianapolis, IN 46204.
4. On March 2, 2012 Petitioner, Mmoja Ajabu using State Form 36186 (R16/6-11) presented to LaDonna Freeman, Democratic Board Member of the Marion County Board of Voters Registration approximately 2,700 signatures to be certified for his attempt to be placed on the November General Election Ballot in his candidacy as an Independent for the Seventh (7th) Congressional District of Indiana.
5. On May 10, 2012 Cindy Mowery and LaDonna Freeman Republican and Democratic, respectively, Board Members of the Marion County Board of Voters Registration filed a letter with The Honorable Connie Lawson, Indiana Secretary of State stating “The Marion County Board of Voter Registration has reviewed the attached petitions presented by Mr. Mmoja Ajabu. We, as Board Members, hereby certify that to the best of our knowledge and belief there are 1,300 total registered voters who signed the attached petitions from the 7th congressional district.”
6. On or about May 11, 2012 the petitions submitted were returned to Petitioner by LaDonna Freeman. Petitioner noticed indications on the petitions in the space provided that Voter Registration personnel had wrote notations such as “r”, “nr” and some had no notation at all in the space provided. I questioned Ms. Freeman about the meaning of these notations and was informed that “r” meant registered, “nr” meant not registered and if there was no notation then a blank spot indicated the signature was accepted as a valid registration and that it was certified. Ms. Freeman also gave Petitioner two websites so when I turned in additional signatures that I could verify the signers’ registration before submitting the signature to be certified.
7. Since Petitioner had been informed that I needed 3,010 valid signatures to be placed on the ballot I continued my signature gathering efforts.
8. On June 26, 2012 Petitioner, Mmoja Ajabu presented approximately 4,400 additional signatures to LaDonna Freeman to be certified by the Marion County voter registration office.
9. Before turning in the additional signatures of approximately 4,400 Petitioner had verified approximately 2,400 valid 7th district voters’ had signed the petitions.
10. In a letter dated July 10, 2012 from Cindy Mowery and LaDonna Freeman, Republican and Democratic, respectively, Board Members of the Marion County Board of Voters Registration filed a letter with The Honorable Connie Lawson, Indiana Secretary of state stating “The Marion County Board of Voter Registration has reviewed the attached petitions presented by Mr. Mmoja Ajabu, on June 26, 2012. We, as Board Members, hereby certify that to the best of our knowledge and belief there were no additional valid signatures. Therefore, Mr. Ajabu’s verified petition signatures remains 1,300 for the 7th Congressional District.”
11. When Petitioner viewed the 4,400 additional signatures submitted he noticed that in the space provided there were no notations as were for the signatures submitted initially. Petitioner asked LaDonna Freeman why there were no notations and was informed that the petitions were not reviewed because the petitions were copies.
12. Petitioner informed Ms. Freeman that her legal duty was to certify the petitions. IC 3-8-6-5.5 gives guidance on “Questions concerning validity of filings.”
13. I.C. 3-8-6-6 states that Signatures; petitioners must be registered to vote. Sec. 6. States “The signatures to a petition of nomination need not be appended to one (1) paper, but a petitioner may not be counted unless at the time of signing the petitioner is registered and qualified to vote. Each petition must contain the following: (1) The signature of each petitioner. (2) The name of each petitioner legibly printed. (3) The residence mailing address of each petitioner. All the signatures submitted met the requirement of I.C. 3-8-6-6. No part of this statute invalidates a signature that is from lithography.
14. I.C. 3-8-6-8 “Certification of petitioners as eligible to vote.” Sec 8. “For a petition of nomination to be considered valid by the officer required to receive the petition, the circuit court clerk or board of registration in the county where the petitioner is registered must certify that each petitioner is a voter in the county. The Marion County Board of Voter Registration prejudiced Petitioner and acted arbitrarily, was capricious, abused its discretion, and was not in accordance with I.C. 3-8-6-8 by not reviewing the petitions to determine if they contained valid signatures of voters in the 7th Congressional District of Indiana. The Marion County Board of Voter Registration prejudiced Petitioner by not observing the procedure required by I.C. 3-8-6-8. Indiana law dictates that the Board “must certify” that each petitioner is a voter in the county.
15. Indiana law gives the Marion County Board of Registration further guidance and dictates that “resolution of reasonable doubt must be in favor of the registered voter ((I.C. 3-5-6-2). In a case where (1) the county voter registration office is uncertain whether a signature has been affixed by a registered voter; and (2) this chapter does not establish a standard to be applied in that case; a reasonable doubt must be resolved in favor the registered voter, and the signature must be certified as valid (I.C. 3-5-6-3 (1) & I.C. 3-5-6-3 (2). Indiana law clearly dictates to the Marion County Board of Voter Registration that if it has doubt in should err toward certifying signatures. Again nowhere does this statute invalidate a signature submitted by way of lithograph.
16. I.C. 1-1-4-5 defines definitions applicable to construction of all Indiana statutes.
17. I.C. 1-1-4-5-28 states “written and in writing include printing, lithographing, or other mode of representing words and letters. If the written signature of a person is required, the terms mean the proper handwriting of the person or the person’s mark.” A lithograph depiction or other mode of representing words and letters, such as a photocopier, of a person’s signature by Indiana law is still considered to be the person’s legal signature.
18. In early August 2012 I received the “Certification of Denial of Petition of Nomination” signed by Secretary of State of Indiana, Connie Lawson dated July 31, 2012.
19. On August 8, 2012 Petitioner filed a timely challenge with the IEC (Form CAN-1) contending that the Secretary of State should verify the Marion County Board of Voter Registration work (I.C. 3-8-6-7-16) not deny Certification of Petitioner’s Petition of Nomination because the office of the Marion County Board of Voter Registration should have complied with I.C. 3-8-6-8 and reviewed the additional petitions I turned in and should not be permitted to ignore their ministerial duty to certify the valid signatures which the petitions contained.
20. The Secretary of State’s action denying the nomination as an independent candidate is based upon providing copies of “Certification of Denial of Petition of Nomination”. The state action is in violation of her authority because copies of signatures meet the requirements of I.C. 3-8-6-6. The Secretary of State has not legal authority to deny candidates who meet the statutory requirements.
21. The agency action was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; and the agency action was in excess of statutory jurisdiction, authority, or limitations, or short of statutory right. IC 4-21.5-5-14(d)(1) and(3).
22. The final decision of IEC was issued on September 4, 2012 as indicated in the Certified Transcript filed with this Court.
23. Petitioner has exhausted his administrative remedies.
24. Petitioner has a reasonable likelihood of success on the merits.
25. IC 34-26-1-5(a) authorizes Court to issue Injunction to restrain act or proceeding when it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief or any part of the relief consists in restraining the commission or continuance of some act, the commission or continuance of which, during the litigation, would produce great injury to the plaintiff.
26. IC 34-26-1-5 (D)(3)(b) states an injunction may be granted to restrain an act or proceeding described in subsection (a) until the further order of the court.
27. September 25, 2012 Petitioner filed Motion For Expedited Process trying to relieve Petitioner of the irreparable harm lurking on the horizon.
28. On October 1, 2012 Petitioner filed Motion For All Processes Expedited trying to stave off the possibility of irreparable harm to Petitioner that grows with each passing day.
29. The date of this filing is October 3, 2012. October 9, 2012 is the first day that a voter may vote an absentee general election ballot (IC-3-11-10-26). This factual time window dictates the urgency and the irreparable harm Petitioner will suffer if voting is allowed to go forward without Petitioner being on the ballot.
WHEREFORE, Petitioner respectfully requests that the Court issue injunctive to prevent voting on October 9, 2012 and provide declaratory relief to reverse the IEC’s final agency action, and remand the case back with instructions to the Secretary of State to certify Petitioner’s candidacy for placement on the November 6, 2012 General Election ballot so voters so inclined will have the opportunity to early vote for Petitioner on October 9, 2012.
Reverend, As usual, you are completely right.
And last Sunday afternoon, we see where three of our young soldiers have struck another significant blow for freedom on the Monon trail. Trayvon is vindicated yet again.
We did hear from Congressman Carson. He is trying to move some things around so he can be at the Vigil. We look forward to his presence. Make sure you wear warm clothing. We will be out there for about an hour. We won't be long but we will be strong. This is a peaceful assembly. We want to be responsible in our request for Americans to be responsible with the use of our freedoms. God is watching. Let God be proud of what is seen. Do be blessed.
Jo,
Lol, You are a moron, so Travon "skittles" Martin is somehow "vindicated" by some little black thug gang wussies beating up an old man? I hope the little thugs are brave enough to do it again, and pick a fair fight this time.
It's just a matter of time before they mess with the wrong target, lol....
Jo, you have your head up your dumb a$$.
Jayson
Jayson, Happy trails, partner.
Jo,
LOL!
Jayson