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Robert C. Laity v. New York, et al.
Paid petition · Appellate Division, Supreme Court of New York, Third Judicial Department, No. 524197 · judgment August 10, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The State of New York Board of Elections, on its official website, continues unabated to flagrantly misrepresent the United States Constitutional mandatory criteria that a President must be a "Natural Born Citizen" as required by Article II, Sec. 1, Clause 5, having unlawfully substituted and continuing to substitute said term of art "Natural Born Citizen" with the words "Born a Citizen". As a result several individuals who do not meet the "Natural Born Citizen" mandate such as Rafael Cruz, et al, came forward to run for said office of the Presidency of the United States in the '08, '12 and '16 Presidential elections in derogation of both the U.S. Constitution and New York State Election Law. These constitutional violations have infringed upon the Petitioner's right to vote for a "qualified candidate" of his choice, further co-opting the Presidential ballot as it did in 2008 when two constitutionally disqualified candidates for President, Barack Obama and John McCain, neither of whom meet the U.S. Supreme Court established legal definition of "Natural Born Citizen", found in Minor v Happersett, 88 U.S. 162 (1875), were permitted to be on the ballot. In Minor, this court decided unanimously that a "Natural Born Citizen" is one "born in a country of Parents who were its citizens." 1. Did the State of New York circumvent the law by having allowed merely naturalized Citizens who are not "natural born citizens" to be on the New York State Presidential ballot in derogation of New York State Election Law Sec. 6-122(2) and the U.S. Constitution at Article II, Sec. 1, Clause 5?
Counsel of record
For petitioner
Robert C. Laity
For respondent
Jeffrey W. Lang
New York State Office of the Attorney General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Apr 30 2018Rehearing DENIED.
- Apr 11 2018DISTRIBUTED for Conference of 4/27/2018.
- Apr 06 2018Petition for Rehearing filed.
- Mar 19 2018Petition DENIED.
- Feb 28 2018DISTRIBUTED for Conference of 3/16/2018.
- Feb 06 2018Waiver of right of respondent Senator Rafael "Ted" Cruz to respond filed.
- Jan 23 2018Waiver of right of respondent State of New York to respond filed.
- Jan 17 2018Petition for a writ of certiorari filed. (Response due February 20, 2018)