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Action Alert: FEC draft op saying non U.S.-born naturalized citizens

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Action Alert: Action Alert: Action Alert: Action Alert:

The Federal Election Commission is asking the public to submit comments on the FEC's draft opinions.

The comments from the public must be submitted by hand or fax by August 31st, 2011. The FEC is scheduled to

discuss and may vote on the FEC's draft opinions at an open meeting on September 1st, 2011.

Excerpt from Roll Call: The Federal Election Commission is showing signs that it might allow a

Guyana-born American citizen to file papers and raise money to run for president of the United States.

The agency released two draft advisory opinions Friday that could permit New York lawyer Abdul Hassan

to go through the initial steps to run for president. But the FEC’s pending decision won’t be the last word

on the constitutional issue of whether someone born outside the United States can be president.

Hassan was born in the South American country in 1974, and he asked the FEC in July whether he

could raise funds as a candidate for president.

The request put the FEC in the rare role of deciding a large constitutional issue that has only a few

intersections with campaign finance law. The two commonly held constitutional requirements to run

for president are that the candidate be 35 years or older and be a “natural born citizen.”

The agency quickly signaled that it would decide the technicalities of filing requirements while leaving

the broader issue of who can run for president to the judicial branch. In an email to Hassan on July 18,

the FEC stated that he understood “that although the Commission can respond to the questions

asked in [his] advisory opinion, the Commission cannot make any determination as to whether

[Hassan] can, as a naturalized citizen, serve as President.”

Both advisory opinions answer three of Hassan’s four questions in a similar way.

They state that Hassan could be a candidate, may solicit funds and would be required to file disclosure reports.

But the two opinions differ on whether he may receive federal matching funds.

The first draft states that Hassan would not be allowed to receive matching funds because

“the United States Constitution provides that ‘[n]o Person except a natural born Citizen,

or a Citizen of the United States, at the time of the Adoption of this Constitution,

shall be eligible to the Office of President.’”

The second draft ducks the issue, stating that the “Commission expresses no opinion

regarding this question” because it is a “hypothetical.” HERE

Pixel Patriot: The audacity of the FEC to think that lawyer gobbledygook legal ease is going to fly in the era

known as the Obama Crime Spree is beyond hope. This FEC Advisory Opinion on the Abdul Karim Hassan

request not only demonstrates a wanton and demonstrably reckless disregard for the rule of law,

but it is exhibit A for the American people to see that we are no longer a nation of laws at all.

If they can get away with this, they can get away with anything, ANYTHING!

Article 2 Section 1 Clause 5 of the U.S. Constitution clearly requires the President of the United States

to be a Natural Born Citizen. It is not a recommendation, an option or an exercise in futility. It is a requirement. Period.

Best regards

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