United States presidential eligibility legislation
Encyclopedia
Section 1 of Article Two of the United States Constitution
sets forth the eligibility requirements for serving as President of the United States:
prompted a number of Republican state and federal legislators to propose legislation aimed at requiring future presidential candidates to release copies of their birth certificates. The Hawaii State legislature went in the opposite direction, to limit the lengths that proponents can go in pursuit of this issue, as the pursuits have drained resources from the state.
, John Linder
and Ron Paul
, were heavily lobbied by activists who believed that the two lawmakers would be more willing than other members of Congress to raise objections to Obama's confirmation. The lobbying was unsuccessful and Congress unanimously declared Obama to be the winner of the election.
In March 2009, Representative Bill Posey
, a newly elected Republican from Florida's 15th congressional district
, introduced a bill, H.R. 1503, in the U.S. House of Representatives. It would amend the Federal Election Campaign Act
of 1971 to require candidates for the Presidency "to include with the [campaign] committee's statement of organization a copy of the candidate's birth certificate" plus supporting documentation.
The bill did not initially have any co-sponsors and was introduced without the Republican leadership being informed.
Florida Today
, the newspaper serving his constituency, commented that the bill "stems from fringe opponents of President Barack Obama who, during the 2008 election campaign, questioned whether Obama was born in Hawaii," but added that Posey's office "does not question Obama's citizenship."
Posey explained his motivation as being to "prevent something like this [controversy] from happening in the future" by requiring "the birth certificate up front and take [the issue] off the table". His initiative was strongly criticized by Florida Democrats, who accused Posey of trying to "fan the rumors on the extreme fringe of the Republican Party" and "pandering to the right wing".
The satirist Stephen Colbert
also mocked Posey for not addressing rumors that he was "part alligator"; Posey responded by commenting that there was "no reason to say that I'm the illegitimate grandson of an alligator". He also stated that there was now "no reason to question" that Obama is a U.S. citizen.
Despite the criticism, Posey's bill has gained the support of twelve Republican co-sponsors - Representatives John R. Carter, Kenny Marchant
, Louie Gohmert
, John Culberson
, Randy Neugebauer
, Mike Conaway
and Ted Poe
(all from Texas), Rep. John Campbell (California), Rep. Bob Goodlatte
(Virginia), Rep. Dan Burton
(Indiana), Rep. Marsha Blackburn
(Tennessee), and Rep. Trent Franks
(Arizona).
Republican Senator Tom Coburn
(Oklahoma) also stated that he would "likely support it" if the bill reached the Senate, saying that Obama "meets the constitutional requirement to be president," and that "It is each state's responsibility to determine the eligibility of those running for federal office."
On July 27, the House of Representatives
passed a resolution commemorating the 50th anniversary of Hawaii's statehood. The resolution, containing language recognizing Hawaii as President Obama's birth state, passed by a vote of 378 to zero.
Some of the cosponsors of the Posey bill, namely Campbell, Carter and Marchant
, did not cast a vote.
Mike Ritze proposed a bill in December 2008, requiring any candidate for public office in Oklahoma to show proof of citizenship. Ritze declared that he "does not believe Obama submitted an authentic copy of his birth certificate".
He also unsuccessfully approached Oklahoma Republican Senators Tom Coburn
and James Inhofe to persuade them to mount a challenge to Obama's confirmation by Congress.
The bill, House Bill 1329, was criticized by The Norman Transcript
newspaper as "an outright attempt to embarrass President Barack Obama whose own citizenship was questioned, mostly by those pajama guerrillas trolling
on the Internet".
The bill gained a 23–20 vote in favor, but failed to meet the 25-vote threshold required to pass.
In February 2011, similar legislation was reintroduced in the Oklahoma state senate.
—Stacey Campfield
, Glen Casada
, Frank S. Niceley
and Eric H. Swafford—announced in February 2009 that they would be joining a legal action to force Obama to release his birth certificate and prove his citizenship. Casada, the Tennessee House Republican caucus chairman, said that he believes Obama has further proof of eligibility, and would like him to make it available: "Yes, people may say, you're just chasing some conspiracy theory ... [but] it's a simple act on his part to just do, and we're done—move on." The alternative newspaper Nashville Scene
described Swafford as joining a "wacky legal action" and quoted Tennessee house Democrat Larry Miller as saying: "What is the mentality of these kind of people who continuously make these kind of goofy statements? It's embarrassing." Attorney Orly Taitz of California said she planned to file the suit, representing the Defend Our Freedoms Foundation.
Legislation proposed in January 2011 would require anyone running for elected office to furnish a birth certificate before being declared an eligible candidate." It failed to be voted out of a subcommittee.
sponsored an amendment
to the Missouri Constitution
in March 2009 that would require "candidates who are required by the Constitution of the United States to be natural born citizens" to provide a birth certificate to the Missouri Secretary of State to confirm their eligibility. A certificate of live birth would not be accepted. Failure to comply would result in the candidate being deemed ineligible to stand. The only political offices to be affected would be the President and Vice President, which are the only two positions for which there is a specific constitutional citizenship requirement. The proposed amendment is part of a "voter’s bill of rights", which would serve "as a defense against corruption, fraud, and tyranny". Political commentators interpreted the proposal as being "aimed at advancing the claims of the fringe movement that doubts President Barack Obama's eligibility to serve as president". The proposed amendment, House Joint Resolution No. 34, was subsequently withdrawn.
A number of Missouri Republican politicians have continued to support claims and litigation on the citizenship issue. State Representatives Cynthia L. Davis
, Timothy W. Jones
and Casey Guernsey
have committed to participating as plaintiffs in a lawsuit filed in Missouri challenging Obama's citizenship.
State Representative Edgar G. H. Emery told reporters in July 2009 that he "questions Obama’s citizenship and ... believes his alleged lack of a legitimate birth certificate ignores the Constitution."
In January 2011, Republican State Representative Lyle Rowland introduced legislation that would require "proof of identity and proof of United States citizenship" for all presidential and vice-presidential candidates." In May 2011, the requirement that presidential candidates present proof of natural born citizenship was added but later trimmed from an omnibus election law reform bill.
voted in favor of a rider
to require presidential candidates "to submit documents proving they meet the constitutional requirements to be president". If enacted, the law would give the Arizona Secretary of State the power to omit a candidate's name on the state ballot if there is "reasonable cause" to believe that the documents are not adequate proof of the requirements for office. The rider passed the Arizona House of Representatives on a 31-29 vote, with only Republicans voting in favor and some Republicans joining with Democrats to oppose. The bill then went to the Arizona State Senate
, which declined to vote on the bill before the April 2010 end of legislative session, the deadline for the bill's passage.
In reaction to the proposed legislation, The Arizona Republic
referred to it as a "nutty birther bill" that would make Arizona seem to be a place where "any crackpot whim can be enshrined in law". Arizona Republican State Representative Cecil Ash, who supported the bill, appeared on CNN's Anderson Cooper 360°
to discuss the bill. Ash stated that he believed President Obama was an American citizen, but there has been "a lot of controversy over the issue". Cooper then likened the people who believe there is a birth certificate controversy to people who believe the moon is made of cheese and asked Ash if he knew the moon was not made of cheese without investigation. Ash responded in the affirmative.
In January 2011, similar legislation again was introduced in the Arizona House of Representatives. On April 14, 2011 the Arizona legislature passed a bill requiring presidential and vice presidential candidates to show the Arizona secretary of state proof that they are natural-born citizens. Such proof could be either a long-form birth certificate or at least two other forms of accepted proof, such as an early baptismal certificate, circumcision certificate or hospital birth record. The bill was vetoed by Governor Jan Brewer
on April 18.
In February 2011, Hatfield again introduced similar legislation, but it was not voted out of committee.
In January 2011, Hawaii state representative Rida Cabanilla introduced legislation allowing the Hawaii Department of Health to provide upon request a copy of the birth certificate of a "Person of civic prominence" (that is, a candidate or officeholder for which United States citizenship is required), and to charge the requesting party a surcharge of $100.
introduced legislation requiring any candidate for president or vice president running in Texas to submit to the Texas Secretary of State an "original birth certificate indicating that the person is a natural-born United States citizen.” In introducing the bill, Berman said that the "bill is necessary because we have a president whom the American people don’t know whether he was born in Kenya or some other place.” If signed into law, the bill would take effect September 1, 2011, about 6 months ahead of the Texas presidential primaries for the 2012 presidential election
.
By inserting the word "original" into the bill, Berman addressed concerns by conspiracy theorists that other bills that do not contain that word are "flawed". His bill would therefore specifically disallow the use of the reproduced certificate that Obama has used since June 2008 as evidence. The legality of such a bill is unknown, as reproduced certificates are generally accepted by government agencies as proof of birth.
introduced legislation requiring presidential candidates to file a certified copy of a birth certificate along with additional documentation to be on the Indiana ballot. The legislation was not voted out of committee.
introduced legislation that would require presidential or vice presidential candidates to submit certified copies of their birth certificates, which would be available for public inspection.
would require candidates for federal office to file a birth certificate. The legislation was not voted out of committee.
would require candidates for president and vice president to provide proof of citizenship to qualify for a spot on the state ballot.
would require any candidate running for an office with an age requirement to present their birth certificate.
Article Two of the United States Constitution
Article Two of the United States Constitution creates the executive branch of the government, consisting of the President and other executive officers.-Clause 1: Executive power:...
sets forth the eligibility requirements for serving as President of the United States:
Obama-era initiatives
The controversy arising from conspiracy theories over Obama's citizenship and eligibility for the presidencyBarack Obama citizenship conspiracy theories
Conspiracy theories about the citizenship of Barack Obama claim that Barack Obama is not a natural-born citizen of the United States and is therefore not eligible to be President of the United States under Article Two of the U.S. Constitution. Some theories allege that Obama was born in Kenya, not...
prompted a number of Republican state and federal legislators to propose legislation aimed at requiring future presidential candidates to release copies of their birth certificates. The Hawaii State legislature went in the opposite direction, to limit the lengths that proponents can go in pursuit of this issue, as the pursuits have drained resources from the state.
Federal legislation
Activists lobbied members of Congress to reject the Electoral College vote and block Obama's election as president in its sitting on January 8, 2009, to certify and tally the results of the election. Two Republican members of the House of RepresentativesUnited States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
, John Linder
John Linder
John Elmer Linder is the former U.S. Representative for , serving from 1993 until 2011. He is a member of the Republican Party.Linder announced that he would retire from Congress at the end of the 111th Congress....
and Ron Paul
Ron Paul
Ronald Ernest "Ron" Paul is an American physician, author and United States Congressman who is seeking to be the Republican Party candidate in the 2012 presidential election. Paul represents Texas's 14th congressional district, which covers an area south and southwest of Houston that includes...
, were heavily lobbied by activists who believed that the two lawmakers would be more willing than other members of Congress to raise objections to Obama's confirmation. The lobbying was unsuccessful and Congress unanimously declared Obama to be the winner of the election.
In March 2009, Representative Bill Posey
Bill Posey
William "Bill" Posey is the U.S. Representative for , serving since 2009. He is a member of the Republican Party. He formerly served in the Florida Senate and the Florida House of Representatives....
, a newly elected Republican from Florida's 15th congressional district
Florida's 15th congressional district
Florida's 15th congressional district is a congressional district in the U.S. state of Florida. The district contains most of Brevard County south of the city of Cocoa, all of Indian River County, most of Osceola County, and a very small portion of Polk County...
, introduced a bill, H.R. 1503, in the U.S. House of Representatives. It would amend the Federal Election Campaign Act
Federal Election Campaign Act
The Federal Election Campaign Act of 1971 is a United States federal law which increased disclosure of contributions for federal campaigns. It was amended in 1974 to place legal limits on the campaign contributions...
of 1971 to require candidates for the Presidency "to include with the [campaign] committee's statement of organization a copy of the candidate's birth certificate" plus supporting documentation.
The bill did not initially have any co-sponsors and was introduced without the Republican leadership being informed.
Florida Today
Florida Today
Florida Today is the major daily newspaper serving Brevard County. The Gannett corporation bought the paper in 1966.In addition to its regular daily publication, Florida Today publishes four weekly and eight biweekly community newspapers which are tailored for distinct neighborhoods within Brevard...
, the newspaper serving his constituency, commented that the bill "stems from fringe opponents of President Barack Obama who, during the 2008 election campaign, questioned whether Obama was born in Hawaii," but added that Posey's office "does not question Obama's citizenship."
Posey explained his motivation as being to "prevent something like this [controversy] from happening in the future" by requiring "the birth certificate up front and take [the issue] off the table". His initiative was strongly criticized by Florida Democrats, who accused Posey of trying to "fan the rumors on the extreme fringe of the Republican Party" and "pandering to the right wing".
The satirist Stephen Colbert
Stephen Colbert
Stephen Tyrone Colbert is an American political satirist, writer, comedian, television host, and actor. He is the host of Comedy Central's The Colbert Report, a satirical news show in which Colbert portrays a caricatured version of conservative political pundits.Colbert originally studied to be an...
also mocked Posey for not addressing rumors that he was "part alligator"; Posey responded by commenting that there was "no reason to say that I'm the illegitimate grandson of an alligator". He also stated that there was now "no reason to question" that Obama is a U.S. citizen.
Despite the criticism, Posey's bill has gained the support of twelve Republican co-sponsors - Representatives John R. Carter, Kenny Marchant
Kenny Marchant
Kenny Ewell Marchant is the U.S. Representative for , serving since 2005. He is a member of the Republican Party. The district includes several wealthy areas around Dallas and Fort Worth.-Early life, education and career:...
, Louie Gohmert
Louie Gohmert
Louis Buller Gohmert, Jr. is an American politician and current Republican U.S. Representative from Texas's 1st congressional district.-Life and career:...
, John Culberson
John Culberson
John Abney Culberson is the U.S. Representative for , serving since 2001. He is a member of the Republican Party and the Tea Party caucus...
, Randy Neugebauer
Randy Neugebauer
Robert Randolph "Randy" Neugebauer is the U.S. Representative for , serving since a special election in 2003. He is a member of the Republican Party. The district includes a large swath of West Texas, including Lubbock and Abilene...
, Mike Conaway
Mike Conaway
Kenneth Michael "Mike" Conaway, is the U.S. Representative for , serving since 2005. He is a member of the Republican Party. The district is located in West Texas and includes Midland, Odessa, San Angelo, Brownwood and Fredericksburg....
and Ted Poe
Ted Poe
Lloyd "Ted" Poe is a Republican politician currently representing Texas's 2nd congressional district in the United States House of Representatives. The district includes most of northern Houston, as well as most of the Beaumont-Port Arthur metropolitan area. He is the first Republican to ever...
(all from Texas), Rep. John Campbell (California), Rep. Bob Goodlatte
Bob Goodlatte
Robert William "Bob" Goodlatte is the U.S. Representative for , serving since 1993. He is a member of the Republican Party. The district is based in Roanoke and also includes Lynchburg, Harrisonburg and Staunton.-Early life, education and career:...
(Virginia), Rep. Dan Burton
Dan Burton
Danny "Dan" Lee Burton is the U.S. Representative for , and previously the , serving since 1983. He is a member of the Republican Party....
(Indiana), Rep. Marsha Blackburn
Marsha Blackburn
Marsha Wedgeworth Blackburn is the U.S. Representative for , serving since 2003. She is a member of the Republican Party. The district stretches from the suburbs of Nashville to the suburbs of Memphis.-Early life, education and career:...
(Tennessee), and Rep. Trent Franks
Trent Franks
Trent Franks is the U.S. Representative for , serving since 2003. He is a member of the Republican Party.The district takes in the entire northwestern corner of the state, including Kingman and Lake Havasu City, but most of its vote is cast in the western Phoenix suburbs.-Early life, education and...
(Arizona).
Republican Senator Tom Coburn
Tom Coburn
Thomas Allen "Tom" Coburn, M.D. , is an American politician, medical doctor, and Southern Baptist deacon. A member of the Republican Party, he currently serves as the junior U.S. Senator from Oklahoma. In the Senate, he is known as "Dr. No" for his tendency to place holds on and vote against bills...
(Oklahoma) also stated that he would "likely support it" if the bill reached the Senate, saying that Obama "meets the constitutional requirement to be president," and that "It is each state's responsibility to determine the eligibility of those running for federal office."
On July 27, the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
passed a resolution commemorating the 50th anniversary of Hawaii's statehood. The resolution, containing language recognizing Hawaii as President Obama's birth state, passed by a vote of 378 to zero.
Some of the cosponsors of the Posey bill, namely Campbell, Carter and Marchant
Kenny Marchant
Kenny Ewell Marchant is the U.S. Representative for , serving since 2005. He is a member of the Republican Party. The district includes several wealthy areas around Dallas and Fort Worth.-Early life, education and career:...
, did not cast a vote.
Oklahoma
Oklahoma Republican state RepresentativeOklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the Oklahoma Legislature, the legislative body of the U.S. state of Oklahoma. Its members are responsible for introducing and voting on bills and resolutions, providing legislative oversight for state agencies, and helping to craft the...
Mike Ritze proposed a bill in December 2008, requiring any candidate for public office in Oklahoma to show proof of citizenship. Ritze declared that he "does not believe Obama submitted an authentic copy of his birth certificate".
He also unsuccessfully approached Oklahoma Republican Senators Tom Coburn
Tom Coburn
Thomas Allen "Tom" Coburn, M.D. , is an American politician, medical doctor, and Southern Baptist deacon. A member of the Republican Party, he currently serves as the junior U.S. Senator from Oklahoma. In the Senate, he is known as "Dr. No" for his tendency to place holds on and vote against bills...
and James Inhofe to persuade them to mount a challenge to Obama's confirmation by Congress.
The bill, House Bill 1329, was criticized by The Norman Transcript
The Norman Transcript
The Norman Transcript is a daily newspaper published in Norman, Oklahoma, USA, covering Cleveland and McClain counties, in the southern suburbs of Oklahoma City. It is owned by Community Newspaper Holdings Inc....
newspaper as "an outright attempt to embarrass President Barack Obama whose own citizenship was questioned, mostly by those pajama guerrillas trolling
Troll (Internet)
In Internet slang, a troll is someone who posts inflammatory, extraneous, or off-topic messages in an online community, such as an online discussion forum, chat room, or blog, with the primary intent of provoking readers into an emotional response...
on the Internet".
The bill gained a 23–20 vote in favor, but failed to meet the 25-vote threshold required to pass.
In February 2011, similar legislation was reintroduced in the Oklahoma state senate.
Tennessee
In Tennessee, four Republican state RepresentativesTennessee House of Representatives
The Tennessee House of Representatives is the lower house of the Tennessee General Assembly, the state legislature of the U.S. state of Tennessee.-Constitutional requirements:...
—Stacey Campfield
Stacey Campfield
Stacey Campfield is a Republican member of the Tennessee Senate from the 7th district, encompassing Knoxville and part of Knox County.-Biography:...
, Glen Casada
Glen Casada
Glen Casada is a Republican member of the Tennessee House of Representatives, in which he has served as Assistant Floor Leader for the Republican caucus. He represents District 63 .-Biography:...
, Frank S. Niceley
Frank S. Niceley
Frank S. Niceley serves in the Tennessee House of Representatives, representing District 17 which encompasses parts of Knox County and the majority of Jefferson county. A native of the district, Niceley was born on March 3, 1947 in Knox County. It is here that Niceley was raised around agriculture...
and Eric H. Swafford—announced in February 2009 that they would be joining a legal action to force Obama to release his birth certificate and prove his citizenship. Casada, the Tennessee House Republican caucus chairman, said that he believes Obama has further proof of eligibility, and would like him to make it available: "Yes, people may say, you're just chasing some conspiracy theory ... [but] it's a simple act on his part to just do, and we're done—move on." The alternative newspaper Nashville Scene
Nashville Scene
Nashville Scene is an alternative newsweekly in Nashville, Tennessee. It was founded in 1989, became a part of Village Voice Media in 1999, and later joined the ranks of sixteen other publications after a merger of Village Voice Media with New Times Media early in 2006. In 2009 the paper was...
described Swafford as joining a "wacky legal action" and quoted Tennessee house Democrat Larry Miller as saying: "What is the mentality of these kind of people who continuously make these kind of goofy statements? It's embarrassing." Attorney Orly Taitz of California said she planned to file the suit, representing the Defend Our Freedoms Foundation.
Legislation proposed in January 2011 would require anyone running for elected office to furnish a birth certificate before being declared an eligible candidate." It failed to be voted out of a subcommittee.
Missouri
Fifteen Republican members of the Missouri House of RepresentativesMissouri House of Representatives
The Missouri House of Representatives is the lower chamber of the Missouri General Assembly. It has 163 members, representing districts with an average size of 31,000 residents. House members are elected for two-year terms during general elections held in even-numbered years.In 1992 Missouri...
sponsored an amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
to the Missouri Constitution
Missouri Constitution
The Missouri Constitution is the state constitution of the U.S. State of Missouri. It is the supreme law formulating the law and government of Missouri, subject only to the federal Constitution. The fourth and current Missouri Constitution was adopted in 1945...
in March 2009 that would require "candidates who are required by the Constitution of the United States to be natural born citizens" to provide a birth certificate to the Missouri Secretary of State to confirm their eligibility. A certificate of live birth would not be accepted. Failure to comply would result in the candidate being deemed ineligible to stand. The only political offices to be affected would be the President and Vice President, which are the only two positions for which there is a specific constitutional citizenship requirement. The proposed amendment is part of a "voter’s bill of rights", which would serve "as a defense against corruption, fraud, and tyranny". Political commentators interpreted the proposal as being "aimed at advancing the claims of the fringe movement that doubts President Barack Obama's eligibility to serve as president". The proposed amendment, House Joint Resolution No. 34, was subsequently withdrawn.
A number of Missouri Republican politicians have continued to support claims and litigation on the citizenship issue. State Representatives Cynthia L. Davis
Cynthia L. Davis
Cynthia L. Davis is a former Republican member of the Missouri House of Representatives. She lives in O'Fallon, Missouri.- Personal life :...
, Timothy W. Jones
Tim Jones (politician)
Timothy W. Jones is a Republican member of the Missouri House of Representatives, representing the 89th district, which encompasses a portion of St. Louis County. Jones is the House Majority Leader for the 96th General Assembly....
and Casey Guernsey
Casey Guernsey
Casey Guernsey is a Republican member of the Missouri House of Representatives. Guernsey represents the 3rd District, encompassing all or portions of Daviess, Gentry, Grundy, Harrison, Mercer, Sullivan, and Worth counties in northcentral Missouri.-Personal history:Casey Lee Guernsey was born...
have committed to participating as plaintiffs in a lawsuit filed in Missouri challenging Obama's citizenship.
State Representative Edgar G. H. Emery told reporters in July 2009 that he "questions Obama’s citizenship and ... believes his alleged lack of a legitimate birth certificate ignores the Constitution."
In January 2011, Republican State Representative Lyle Rowland introduced legislation that would require "proof of identity and proof of United States citizenship" for all presidential and vice-presidential candidates." In May 2011, the requirement that presidential candidates present proof of natural born citizenship was added but later trimmed from an omnibus election law reform bill.
Arizona
On April 19, 2010, the Arizona House of RepresentativesArizona House of Representatives
The Arizona House of Representatives is the lower house of the Arizona Legislature, the state legislature of the U.S. state of Arizona. Its members are elected to two-year terms with a term limit of four consecutive terms...
voted in favor of a rider
Rider (legislation)
In legislative procedure, a rider is an additional provision added to a bill or other measure under the consideration by a legislature, having little connection with the subject matter of the bill. Riders are usually created as a tactic to pass a controversial provision that would not pass as its...
to require presidential candidates "to submit documents proving they meet the constitutional requirements to be president". If enacted, the law would give the Arizona Secretary of State the power to omit a candidate's name on the state ballot if there is "reasonable cause" to believe that the documents are not adequate proof of the requirements for office. The rider passed the Arizona House of Representatives on a 31-29 vote, with only Republicans voting in favor and some Republicans joining with Democrats to oppose. The bill then went to the Arizona State Senate
Arizona Senate
The Arizona Senate is part of the Arizona Legislature, the state legislature of the U.S. state of Arizona. The Senate consists of 30 members representing an equal amount of constituencies across the state, with each district having average populations of 219,859 . Members serve two-year terms with...
, which declined to vote on the bill before the April 2010 end of legislative session, the deadline for the bill's passage.
In reaction to the proposed legislation, The Arizona Republic
The Arizona Republic
The Arizona Republic is a daily newspaper published in Phoenix. Circulated throughout Arizona, it is the state's largest newspaper. Since 2000, it has been owned by the Gannett newspaper chain. It was ranked tenth in US daily newspapers by circulation in 2007.-Early years:The newspaper was founded...
referred to it as a "nutty birther bill" that would make Arizona seem to be a place where "any crackpot whim can be enshrined in law". Arizona Republican State Representative Cecil Ash, who supported the bill, appeared on CNN's Anderson Cooper 360°
Anderson Cooper 360°
Anderson Cooper 360° is a one-hour television news show on CNN, hosted by the American journalist Anderson Cooper. It is also broadcast around the world on CNN International....
to discuss the bill. Ash stated that he believed President Obama was an American citizen, but there has been "a lot of controversy over the issue". Cooper then likened the people who believe there is a birth certificate controversy to people who believe the moon is made of cheese and asked Ash if he knew the moon was not made of cheese without investigation. Ash responded in the affirmative.
In January 2011, similar legislation again was introduced in the Arizona House of Representatives. On April 14, 2011 the Arizona legislature passed a bill requiring presidential and vice presidential candidates to show the Arizona secretary of state proof that they are natural-born citizens. Such proof could be either a long-form birth certificate or at least two other forms of accepted proof, such as an early baptismal certificate, circumcision certificate or hospital birth record. The bill was vetoed by Governor Jan Brewer
Jan Brewer
Janice Kay "Jan" Brewer is the 22nd and current Governor of the U.S. state of Arizona and a member of the Republican Party. She is the fourth woman, and third consecutive woman, to hold the office...
on April 18.
Georgia
In April 2010, Georgia state representative Mark Hatfield introduced legislation that would require presidential and vice presidential candidates to submit an affidavit "stating the candidate’s citizenship and age and shall append to the affidavit documents that prove the candidate is a natural born citizen, prove the candidate’s age, and prove that the candidate meets the residency requirements for President of the United States."In February 2011, Hatfield again introduced similar legislation, but it was not voted out of committee.
Hawaii
In May 2010, Hawaii enacted a law allowing the state to ignore requests for information if deemed "duplicative or substantially similar" to a prior query.In January 2011, Hawaii state representative Rida Cabanilla introduced legislation allowing the Hawaii Department of Health to provide upon request a copy of the birth certificate of a "Person of civic prominence" (that is, a candidate or officeholder for which United States citizenship is required), and to charge the requesting party a surcharge of $100.
Texas
On November 16, 2010, Texas state representative Leo BermanLeo Berman
Leo C. Berman is a retired businessman and military officer who has been a Republican member of the Texas House of Representatives from District 6 since January 1999. Berman announced a challenge to Speaker Joe Straus of San Antonio for the presiding officer's position in January 2011...
introduced legislation requiring any candidate for president or vice president running in Texas to submit to the Texas Secretary of State an "original birth certificate indicating that the person is a natural-born United States citizen.” In introducing the bill, Berman said that the "bill is necessary because we have a president whom the American people don’t know whether he was born in Kenya or some other place.” If signed into law, the bill would take effect September 1, 2011, about 6 months ahead of the Texas presidential primaries for the 2012 presidential election
United States presidential election, 2012
The United States presidential election of 2012 is the next United States presidential election, to be held on Tuesday, November 6, 2012. It will be the 57th quadrennial presidential election in which presidential electors, who will actually elect the President and the Vice President of the United...
.
By inserting the word "original" into the bill, Berman addressed concerns by conspiracy theorists that other bills that do not contain that word are "flawed". His bill would therefore specifically disallow the use of the reproduced certificate that Obama has used since June 2008 as evidence. The legality of such a bill is unknown, as reproduced certificates are generally accepted by government agencies as proof of birth.
Indiana
In January 2011, Indiana state senator Mike DelphMike Delph
Mike Delph is a Republican member of the Indiana State Senate representing the 29th district.-External links:* official Indiana State Legislature site...
introduced legislation requiring presidential candidates to file a certified copy of a birth certificate along with additional documentation to be on the Indiana ballot. The legislation was not voted out of committee.
Montana
In January 2011, Montana state representative Bob Wagner introduced legislation requiring all candidates for federal office file affidavits with the Montana secretary of state verifying that they are qualified; presidential candidates would be required to provide the state with a valid copy of their birth certificates.Connecticut
In January 2011, Connecticut state Sen. Michael McLachlan introduced legislation that would mandate presidential and vice presidential candidates to provide their birth certificates for their names to be placed on the ballot. The bill did not make it out of committee.Nebraska
Proposed legislation introduced in January 2011 would have required a presidential or vice presidential candidate to provide proof of birth that includes the names of the candidate's parents, and proof that the parents were United States citizens at the time of the candidate's birth; the candidate would also have to swear of affirm, "I was born a citizen of the United States of America and was subject exclusively to the jurisdiction of the United States of America, owing allegiance to no other country at the time of my birth. On the day I was born, both my birth mother and birth father were citizens of the United States of America." The proposed legislation failed to be voted out of committee.Maine
State representative Richard Cebra introduced legislation requiring candidates to submit a birth certificate and government-issued identification.Iowa
In March 2011, Iowa state Senator Kent SorensonKent Sorenson
Kent Sorenson is an Iowa state legislator. A Republican, he was elected to the Iowa Senate in 2011 and represents District 37. Sorenson graduated from the Indianola High School in 1990 and served in the Iowa House of Representatives from 2009 to 2011, representing District 74...
introduced legislation that would require presidential or vice presidential candidates to submit certified copies of their birth certificates, which would be available for public inspection.
New Hampshire
Legislation introduced in March 2011 would have required presidential candidates to present their birth certificates when filing their nomination papers; the proposed enactment date was changed to 2013 and thus would not have affected the 2012 presidential elections. The proposed legislation was not voted out of committee.Louisiana
Legislation introduced in April 2011 by state Senator A.G. Crowe and state Representative Alan SeabaughAlan Seabaugh
Alan Thomas Seabaugh is an attorney from Shreveport, Louisiana, who is a Republican member of the Louisiana House of Representatives from District 5 in Caddo Parish...
would require candidates for federal office to file a birth certificate. The legislation was not voted out of committee.
Pennsylvania
Legislation introduced in April 2011 by state Representative Daryl MetcalfeDaryl Metcalfe
Daryl D. Metcalfe is an American politician currently serving in the Pennsylvania House of Representatives. Metcalfe is a member of the Republican Party and has represented the 12th legislative district since 1999...
would require candidates for president and vice president to provide proof of citizenship to qualify for a spot on the state ballot.
Alabama
Legislation introduced in April 2011 by state Senator Slade BlackwellSlade Blackwell
Slade Blackwell is a Republican member of the Alabama Senate for the 15th district, encompassing Jefferson County and Shelby County.-Biography:...
would require any candidate running for an office with an age requirement to present their birth certificate.