Shiva Ayyadurai v. New Jersey Democratic State Committee, et al.

For the first time in the history of the United States, a State silenced a presidential candidate running for the Office whose message spoke to the inequity of the “natural born” qualification, a requirement for holding the Office, that flouts Equal Protection to make second-class citizens of 25 million Americans. The New Jersey Secretary of State prematurely adjudicated and enforced that very qualification to remove Dr. Shiva Ayyadurai, “Dr. Shiva,” from the ballot though he met every statutory requirement. The Supreme Court of New Jersey, by denying his motion for emergent review, condoned the State’s gross violation of his First and Fourteenth Amendment rights, and held States possess authority, regardless of the lack of congressional authorization, to determine that a presidential candidate is disqualified from running for the Office under the “natural born” clause. Ironically, the effort to remove Dr. Shiva from the ballot was initiated by the New Jersey Democratic State Committee whose candidate Kamala Harris benefits immensely from the same Equal Protection now denied to Dr. Shiva. A “chaotic state-by-state patchwork” now exists with some States keeping him on the ballot, and others disqualifying him. The Questions Presented are:

1. Is not States’ premature adjudication of qualifications for President, unconstitutional?

2. Is Congress, not States, responsible for enforcing all qualifications against federal officeholders and candidates?

3. Does “natural born” violate Equal Protection making 25 million Americans second-class citizens? (i)