Combined Memorandum For NOM W Affidavit To Reargue The NOM For FAC W Exhibits NYS 29642-08 022811

SUPREME COURT OF T m STATE OF NEW YORK
COUNTY OF KINGS Index No.: 29642 / 08

""""""-""--------I-----------------------------.--------------------~
Christopher Earl Strunk, (Hon. Justice David I. Schmidt)
Plaintiff,
-against-
NOTICE OF MOTION
David A. Paterson (NYS Governor), Andrew Cuomo
TO REARGUE THE REQUEST
FOR LEAVE TO FILE
Christine Quinn (NYC S eaker of the Council), THE FIRST AMENDED
Jim Tedisco (AS E
William Thom son (NY Comptroller),
Assemblyman), Dean Skelos
(President pro tempore of the NYS Sen
SUMMONS AND COMPLAINT
Official Ca acities and individually, the
Candidate l%esidential Electors as a clas
Ca acity and individually; The New Yo
E
of lections and John Does and Jane Does
---------------------------------------------.-
PLEASE TAKE NOTICE that upon
a f f m e d February 18,201 1 with exhibits annexed, with leave, will reargue
fust amended summons and complaint declined on January 11,2011 as
David I. SC* Part 47 COU- the Courthouse at 360 Adams Street Brooklyn New 1I
9:30 O'clock before Noon or at a time designated by
I9
Dated: February -, 2011 I
I
Brooklyn New York
Y
I
Christopher-Earl: Strunk in esse

593 Vanderbilt Avenue #281 .
Brooklyn, New York 11238
Email: chris@strunk.ws Ph. 845-901-6767
Kimberly A. Galvin, Esq. for the Andrew Cuomo, NYS Governor

New York State Board of Elections The Capitol
40 Steuben Street. Albany ,NY , 12207 Albany, New York 12224
RUTH NO EM^ C O L ~ N Acting Secretary of ERJC SCHNEIDERMAN

State for the NYS Department of State NYS Office of ATTORNEY GENERAL
One Commerce Plaza by: JOEL GRABER,ESQ. AAG
99 Washington Ave, Albany, NY 12231-0001 Assistant Attorney General
120 BROADWAY -
New York, New York 10271
Notice nf Mntinn
Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08
SUPREME COURT OF THE STATE OF NEW YORK

---------------------------------------------------------------------------x
Christopher Earl Strunk,
Plaintiff,
-against-
AFFIDAVIT IN SUPPORT OF
(NYS Attorney General), Thomas P. DiNapoli OF THE MOTION
(NYS Comptroller), Sheldon Silver (NYS Speaker of
the Assembly), Malcom Smith (NYS Senator), th TO REARGUE THE REQUEST
Hakeem Jeffries (NYS Assemblyman for the 57 AD),
Christine Quinn (NYC Speaker of the Council), TO FILE THE FIRST AMENDED
William Thompson (NYC Comptroller),
Jim Tedisco (NYS Assemblyman), Dean Skelos SUMMONS AND COMPLAINT
(President pro tempore of the NYS Senate) in their
Official Capacities and individually, the Democrat
Candidate Presidential Electors as a class, in their official
Capacity and individually; The New York State Board
of Elections and John Does and Jane Does
Defendants.
-------------------------------------------------------------------------x
STATE OF NEW YORK )

) ss.
COUNTY OF KINGS )
Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under
penalty of perjury:
1. That I am the self represented Plaintiff, Christopher-Earl: Strunk in esse
(Affirmant, Strunk) with place for service at 593 Vanderbilt Avenue – 281 Brooklyn
New York 11238 telephone (845) 901 -6767 and email: chris@strunk.ws.
2. This Affidavit supports the Notice of Motion to reargue the Motion to file a
First Amended Complaint (FAC) by CPLR §305 and Rule §3025(b) to supplement
the underlying Summons with Verified Complaint filed on or about October 29,
2008, and this motion is submitted with the motion requesting leave to reargue
with leave afforded by CPLR 2221(d) (see Exhibit 1) and accompanies the motion
requesting leave to file Proof of Service with the Clerk of the Court (see Exhibit 2);
there is no previous request for this relief, nor is there another to benefit.
Affidavit to Reargue NOM for FAC Page 1 of 5

3. That on January 18, 2011, Plaintiff memorialized recollection of the January
11, 2011 hearing that was duly served upon attendees and the Court (see Exhibit 3).
4. That Plaintiff has a meritorious cause of action that is affected by the first
impression Original Disposition of Law (ODOL) that settled the Petition with Index
29641-08, that with the Order shown as Exhibit 1 sub-exhibit E, when there is
adequate discovery of the particulars as a more definite statement requires Plaintiff
to supplement the underlying Complaint (see Exhibit 4) with causes of action
describing in particularity the fraud with unjust enrichment that occurred as a
result of the Public Officers maladministration of laws and regulations governing
State action for ballot access, and thereby adding essential parties with an amended
summons with amended complaint to be served before the case may be perfected.
5. There was Court misapprehension of the effect of the ODOL in regards to:
a. Approval of each Presidential elector class of public officers holding two
public offices for payment who served as public officers not individuals per
se was required by the decision of law before a complaint was possible;
b. determination of the degree that the Breach of Public Officers fiduciary duty
alleged in the Complaint involves criminal sedition and treason in the civil
matter requires notice to the authority with crime enforcement jurisdiction;
c. The role of the then Secretary of State Lorraine A. Cortez-Vazquez as a
neutral State Officer and also a Federal Officer with the Help America to Vote
Act of 2002 (HAVA) section 213 (a) (1) (A), who was not a named defendant in
the underlying complaint, should have taken responsibility to review each
class of Presidential Elector slate both before and after November 4, 2008

General Election was duly served notice;
d. That there is a conflict of interest with then Attorney General Andrew
Cuomo / now Governor who is an elector for the Democratic Presidential
candidate slate and given notice of allegations of criminal activity in the
complaint including himself raises serious questions of impropriety were
an investigation not commenced, and at best appearance of impropriety
were he not to appear individually after service on December 1, 2008;
e. That there is a conflict of interest with then Governor David Paterson who
Is an elector, appoints the Secretary of State who serves at his pleasure,
and has authority to investigate allegations of criminal wrongdoing in the
complaint raises serious questions of impropriety when not investigated,
and at best appearance of impropriety were not to appear after service;
f. That the Attorney designated for service upon the NYS Board of Elections
by personal service of the Complaint allegations of criminal wrongdoing
by effect of ODOL renders the NYS Board of Elections principal agent
liable personally for their breach of fiduciary duty to equally enforce State
law and regulations as to presidential candidates slate ballot access.
6. The Court misapprehension of the effect of the absence of the Proof of Service
completion with the Clerk of the Court, bars Plaintiff from filing a default judgment
as against Defendant(s) without leave of the court as with CPLR 307(2) and 308(3);
7. That the fact that the Court in 2008 declined a subpoena for discovery of
information germane herein and in 2009 as now involve the FOIA action with a

pending motion for summary judgment in Strunk v. DOS et al. DCD 08-cv-2234
(RJL), the matter of not filing for default within the year allotted supports the
requirement for sufficient cause in CPLR §3215(c), and therein affording discretion
by the Court to grant an extension of time for perfecting the complaint with an
action involving: CPLR §2001 for mistakes, omissions, defects and irregularities, at
any stage of an action; CPLR §2004 for extensions of time generally, except where
otherwise expressly prescribed by law, the court may extend the time fixed by any
statute, rule or order for doing any act, upon such terms as may be just and upon
good cause shown, whether the application for extension is made before or after the
expiration of the time fixed; CPLR §2005 for excusable delay or default; that upon
an application satisfying the requirements of subdivision (d) of section 3012 (1) or
subdivision (a) of rule 5015, the court shall not, as a matter of law, be precluded
from exercising its discretion in the interests of justice to excuse delay and or
default resulting from law office failure were third party service considered such.
8. Plaintiff has improved on the Verified FAC with Amended Summons annexed
herewith (see Exhibit 5) that provides nunc pro tunc additional facts and details as
a more definite statement of the ongoing injury suffered by Plaintiff along with
those similarly situated, requires the addition of necessary parties, and the
treatment of the Democratic Party Electoral College of New York as a Class rather
than as a matter of individual persons, in that the election and vote has already
1
CPLR §3012(d) for extension of time to appear or plead. Upon the application of a party,
the court may extend the time to appear or plead, or compel the acceptance of a pleading
untimely served, upon such terms as may be just and upon a showing of reasonable excuse
for delay or default.

Sfhunk v Patersan et d.NYS Supreme Court of Kings Index No.2%42-08
occufied and i is merely a matter of state and federal record at the present; and
further, that 0 . @vmaa m x t u s i * h act have kmr!&t.
9. That ABflkmant knows foregaing contents apply to me and my injury that by
Respondents nmisapplication and misadministration of law presents a question of
&st impressihn as a S t a b question involving the quwtionable seating of the New
York Electorahl College a€terthe questionable ballot access afforded by arbitrary and
capricious actition ofthe NYS Board of Elections et al. for the various Party
Presidential CCandidate Slates at the General Election of November 4,2008; the
same is true kko my own knowledge, except as to the matters therein stated to be
alleged on infcformation and belief, and as to those matters I believe it to be true. The
grounds of myy beliefs as d mattem not s h h d upon information dlnd Mefare as

follows: third fiparties,books and records, and personal knowledge.
Wherefore6 PlaintiEwishes an order ofthe Court granting
(1) the appportdty toB e and serve the fiqmed Amended Szznzmons and
VeriHied First Amended Complaint;
(2) andd for other and different relief the court deems necessary to serve
justitice herein.
-
Sworn befojcle me
ThY $clay ohfFebmmpf 1
ARNOLD I.TlSHFlELO
Notary Public State Of New York
N0.41-4611662
Qualified In Queens County
Certified In Kings County
1
(
Commission Expires March 30, 20~.. ..

Motion to Reargue the NOM for Leave to File the First Amended Summons
and Verified Amended Complaint.
Exhibit 1
“Plaintiff Motion for Leave to Reargue the NOM for Leave to File the
First Amended Summons and Verified Amended Complaint with sub-
exhibits A and B”
-.
.. ..._.... <-._-,ti ,-_.. .. Strunk v Pat .29642-08 . . . . . . - .
&

COUNTY OF KINGS Index No.: 29642 1 08
--------------------------------.-------------------------------------------x
Plaintiff.
N U I ~ C ur
B MOTION
(NYS Attorney General), Thomas P. DiNa oli - FOR LEAVE TO REARGUE THE
(NYS Comotroller). Sheldon Silver (NYS goeaker of
ihe ~ssemblv).Mdcom Smith (NYS ~enat6r). rnCQUEST FOR LEAVE TO FILE
Hakeem ~effnes(NYS ~ssembi~rnan for the 5 7 AD),
~
THE FIRST AMENDED
Christine Quinn (NYC S
e""
er of the Council),
William Thom son (IVY Comptroller),
Jim Tedisco (I& S Assemblyman), Dean Skelos SUMMONS AND
(President pro tempore of the NYS Senate) in th
Official Ca acities and individuaIly, the Democr
%,
Candidate esidential Electors as a class, in tUei
Ca acity and individually; The New York State
E
PLEASE TAKE NOTICE that upon the annexed affidavit of Christopher-Earl c~trunkin esse,
affirmed February 18,2011 with Order and Notice of Entry and exhibits annexed, will move for
leave to reargue the request to frle the first amended summons and complaint declined on I
January 11,2011 as before the Honorable avid-f. Schmidt at the Part 47 Courtroom in the
'
; 1
Courthouse at 360 Adams Street Brooklyn New York 11201, on 1lh day of March 2011, at 9:30 !1
O'clock before Noon or at a time designated by the court or as soon thereafter as counsel cai~be i
I
I
I
Christopher-Earl: Strunk in esse .
593 Vanderbilt Avenue #28 1
Email: chris @strunk.ws Ph. 845-901-6767
Andrew Cuomo, NYS Governor

The Capitol
New York State Board of Elections Albany, New York 12224
40 Steuben Street. Albany ,NY ,12207
ERIC SCHNEIDERMAN
RUTH NO EM^ C O L ~ N Acting Secretary of NYS Office of ATTORNEY GENERAL
State for the NYS Department of State by: JOEL GRABER, ESQ. AAG
One Commerce Plaza Assistant Attorney General
99 Washington Ave, Albany, NY 12231-0001 120 BROADWAY -
. .
Notice of Motion

---------------------------------------------------------------------------x
Plaintiff,
-against-
(NYS Attorney General), Thomas P. DiNapoli OF THE MOTION FOR LEAVE
the Assembly), Malcom Smith (NYS Senator), th TO REARGUE THE REQUEST
Christine Quinn (NYC Speaker of the Council), TO FILE THE FIRST AMENDED
Jim Tedisco (NYS Assemblyman), Dean Skelos SUMMONS AND COMPLAINT
Defendants.
-------------------------------------------------------------------------x
STATE OF NEW YORK )

) ss.
COUNTY OF KINGS )
penalty of perjury:
1. That I am the self represented Plaintiff, Christopher Earl Strunk in esse
2. This affirmation supports the Notice of Motion with CPLR §2221(d) for leave
to reargue the notice of motion for leave to file an amended summons and complaint
herewith the supporting affidavit without the exhibit annexed (see Exhibit A),
having been denied by the interlocutory Order of January 11, 2011 that was
thereafter entered and served upon Plaintiff with Notice of Entry after February 1,
2011 (see Exhibit B); and that there is no previous request for this relief, nor is
there another to benefit.
Plaintiff’s Affidavit Page 1 of 4

3. That pursuant to the requirements of CPLR §2221(d) for leave to reargue:
Affirmant’s request is based upon matters of fact or law allegedly overlooked or
misapprehended by the court in determining the prior motion, but does not include
any matters of fact not offered on the prior motion;
4. On January 11, 2011, at the hearing of the Notice of Motion for leave to file a
first amended complaint in the case with index 29642-08, Affirmant argued that
Plaintiff is in good faith with the requirements of the CPLR rules for service but did
not a have a copy of the original proof of service and would ascertain where it is.
5. Plaintiff subsequent to January 11, 2011 discovered he has yet to file a Proof
of Service of personal service with the clerk of the court for the original Summons
and Complaint; and asks for leave by separate motion to file the Proof of Service
Nunc pro Tunc by separate motion that should be heard with this request for leave
to reargue.
6. At the January 11, 2011 hearing the Court asked if Plaintiff had filed a
default judgment against Defendant(s) to wit Plaintiff answered no and to wit the
Court stated Plaintiff had procedural problems to resolve before the case could
proceed; and as a matter of misapprehension that without having the Proof of
Service filed with the Clerk of the Court, Plaintiff is barred from filing a default
judgment as against Defendant; and especially since there are meritorious reasons
associated with the Petition 29641-08 that presented a question of first impression
controlling this case with an original disposition of law, and affects the need for a
granting leave to supplement to the summons and complaint herein in the form

that meets the criteria for civil jurisdiction herein with CPLR §3016 (b) requiring
particularity in specific actions of Fraud where a cause of action is based upon
misrepresentation, fraud, mistake, willful default, breach of trust or undue
influence, the circumstances constituting the wrong shall be stated in detail.
7. Additionally, the fact that the Court in 2008 denied a subpoena for discovery
of information germane herein that is now involved in a FOIA action with a pending
motion for summary judgment in Strunk v. DOS et al. DCD 08-cv-2234 (RJL), the
matter of not filing for default within the year allotted supports the requirement for
sufficient cause in CPLR §3215(c), and therein affording discretion by the Court to
grant an extension of time for perfecting the complaint with an action involving:
CPLR §2001 for mistakes, omissions, defects and irregularities, at any stage of an
action; CPLR §2004 for extensions of time generally, except where otherwise
expressly prescribed by law, the court may extend the time fixed by any statute,
rule or order for doing any act, upon such terms as may be just and upon good
cause shown, whether the application for extension is made before or after the
expiration of the time fixed; CPLR §2005 for excusable delay or default; that upon
an application satisfying the requirements of subdivision (d) of section 3012 (1) or
subdivision (a) of rule 5015, the court shall not, as a matter of law, be precluded
from exercising its discretion in the interests of justice to excuse delay and or
default resulting from law office failure were third party service considered such.
1
CPLR §3012(d) for extension of time to appear or plead. Upon the application of a party,
the court may extend the time to appear or plead, or compel the acceptance of a pleading
untimely served, upon such terms as may be just and upon a showing of reasonable excuse
for delay or default.

SbPank v Paterson et al. N Y S Supreme Cowt ofKings IadexNo. 29642-08
*
8. That AlBmant knows the foregoing contents apply to me and my civil injury
with damages arss a State question involving the questionable seating of the New
York Electoral .Collegeafter the questionable ballot access dorded by arbitrary and
capricious actim ofthe NYS bard of Elections et al. for the various Party %
Presidential Camdidate Slates at the General Election of November 4,2008; the
same is true to m y own knowledge, except as to the matters therein stated to be
alleged on idbmmation and belief, and as to those matters I believe it to be true. The .
grounds of my beliefs as to all matters not stated upon information and belief are as
follows: third pwrties, books and records, and pemnal knowledge.
Whereh B3laintiEwishes an order of the Court granting
(1) . PlaintliEleave to reargue the Motion for First Amended Complaint as if
consiittered a supplement to the complaint with additional defendants
pursuaant to the original disposition of law created in the 29641-08 Petition
of deckion and order;
(2) and f k ather and different relief the court deems necessary to s e n
justicee herein.
Sworn beforeel me
This B d a y ofBFebru42011
ARNOLD I. TlSHFlELD
Notary Public State Of New York
N0.41-4611662
Certified In Kings County * *
Commission Expires March 30, 20 k.
.
.
-
-...
Plaintiffs Affidavit Page 4 of 4

Motion for Leave to Reargue the NOM for Leave to File the First
Amended Summons and Verified Amended Complaint
Exhibit A
“Plaintiff NOM for Leave to File the First Amended Summons and
Verified Amended Complaint ”
COUNTY OF KINGS Index No.: 29642 1 08
Plaintiff,
-against-
NOTICE OF MOTION
David A. Paterson (NYS Govemor ,Andrew Cuomo
4.
S Attorney General), Thomas DIN li
P S Corn troller) Sheldon ~ i l ~ e r $ N Y ~ofy ~ e r
e ~ssembf), ~a1'comSmith
d
Hakeem Je les
Christine &7c
I" for the 5p AD),
S Assemb ymansm"r)9
of th Counca
William Thorn son (NY Comptroller),
Jim Tedisw &S Assemblyman), Dean Skelos
ident pro tempore of +e NYS Senate) in their
%cia1 % ities and ind~vidually,the Democrat
Candidate sidential Electors as a class, in their official ry
Ca acity and individually; The New York State Board
B
of lect~onsand John Does and Jane Does
Defendants,
52
a
z
:-
-
0
x - x-
r -
PLEASE TAKE NOTICK that upon the annexed affidavit of Christopher-Earl : S b

~esse, I ~
-
2
afErmed November 11,2010 with exhibit annexed, will move for leave to file and servpthe;
Q --
Amended Summons and Verified F i Amended Complaint before the Honorable ~ a n %I.
' \
Schmidt the Part 47 Courtroom in the Courthouse at 360 Adams Street Brooklyn New York
10007,
3
@ day of November 2010, atJ$:30 O'clock before Noon or at a time designated by
3
the court as soon t h e d e r as coumxl can be
Christopher-Earl: Strunk in esse

593 Vanderbilt Avenue #281
CC:
STATE OF NEW YORK Kimberly A G a l a Eq. *

OFFICE OF THE ATTORNEY GENERAL New York State Board of Elections
ANDREW M.CUOMO 40 Steuben St.
BY: JOEL GRABER, ESQ.
Assistant Attorney General
Albany ,N y , q?, *
ldc:~ ~0? $3;7 ;,
120 BROADWAY - F E F~;;
NEW YORK, New York 10271 1 4 4
c[&<K
&! .
* *00
Notice of Motion
Gk%,
-4
8-7
:.
11,- ,

---------------------------------------------------------------------------x
Plaintiff,
-against-
(NYS Attorney General), Thomas P. DiNapoli OF THE MOTION FOR
the Assembly), Malcom Smith (NYS Senator), th PERMISSION TO FILE A
Christine Quinn (NYC Speaker of the Council), FIRST AMENDED COMPLAINT
Jim Tedisco (NYS Assemblyman), Dean Skelos
Defendants.
-------------------------------------------------------------------------x
STATE OF NEW YORK )

) ss.
COUNTY OF KINGS )
penalty of perjury:
2. That I am of sound mind, make this statement without reservation or intent
of deception or connivance in the matter of my own, my family and associates’ well
being safety and rights.
3. This Affidavit is in support of the Notice of Motion for permission to file a
First Amended Complaint (FAC) to the underlying Verified Complaint filed on or
about October 27, 2008 and is filed with leave under CPLR Rule 305 and Rule
3025(b); there is no previous request for this relief, nor is there another to benefit.

4. That the Verified FAC with Summons annexed herewith provides nunc pro
tunc additional facts and details as a more definite statement of the ongoing injury
suffered by Plaintiff along with those similarly situated and that requires the
addition of necessary parties and the treatment of the Democratic Party Electoral
College of New York as a Class rather than as a matter of individual persons in that
the election and vote has already occurred and is merely a matter of state and
federal record at the present; and further,
5. That Plaintiff’s injury as a matter of complexity requires standing with CPLR
§1353 regarding civil preceding regarding enterprise corruption by all Defendant
individuals’ malicious promotion of a scheme to defraud the people of the New York
state in promotion of ballot fraud with the 2008 election cycle with ineligible
Presidential Candidates intent to launder campaign funds both foreign and
domestic to seize the Executive.
6. That necessary Parties as yet known are joined herein pursuant to CPLR
§1354 as persons and or enterprise not convicted of the crime of enterprise
corruption that is a party to a civil action under this Article 13, whenever joinder of
such person or enterprise is necessary with CPLR §1001; and according to Penal
Law § 460.40 Enterprise corruption jurisdiction is afforded the Court for
participation by a person(s) preparatory to, however separate from a State Finance
Law Article 13 Section 190 application.
7. That Plaintiff alleges a suffrage and property taking injury effected by
violation of Penal Law § 105.35 by all Defendants individually that are part of a

conspiracy of enterprise corruption against the fisc and real property owners as a
class similarly situated with applicability for purposes of this article, as to
conspiracy to commit the crime of enterprise corruption in violation of section
460.20 of this chapter shall not constitute an offense; however, includes but is not
limited to:
Penal Law : § 155.30 Grand Larceny in the fourth degree when The property,
regardless of its nature and value, is taken from the person of another; § 170.10
Forgery in the second degree; § 175.25 Tampering with public records in the first
degree; § 175.35 Offering a false instrument for filing in the first degree; § 175.40
Issuing a false certificate; § 210.40 Making an apparently sworn false statement in
the first degree; § 200.04 Bribery in the first degree; § 190.65 Scheme to defraud in
the first degree; § 470.05 Money laundering in the fourth degree; and further,
Election Law: § 17-102. Misdemeanors at, or in connection with, primary
elections, caucuses, enrollment in political parties, committees, and conventions;
§17-106. Misconduct of election officers; § 17-120. Misconduct in relation to
certificate of nomination and official ballot; § 17-128. Violations of election law by
public officer or employee; § 17-152. Conspiracy to promote or prevent election;
and§ 17-168. Crimes against the elective franchise not otherwise provided for. Any
person who knowingly and willfully violates any provision of this chapter, which
violation is not specifically covered by any of the previous sections of this article, is
guilty of a misdemeanor; with related law in its entirety.

8. That this case has been awaiting results of Affirmant’s FOIA case against the
U.S. Department of State et al. in Washington District of Columbia U.S. District
Court 08-cv-2234 wishing to obtain facts germane to Causes of Action Two thru Five
of the underlying complaint and that have been in part incorporated into the First
Amended Complaint herewith annexed; and while there Affirmant in association
with other cases has obtained other prima facia facts germane to the first thru fifth
Cause of action herein, including notification of the issuance of two affidavits sworn
by Speaker of the House Nancy Pelosi in her individual capacity as a member of the
Democratic party at the National Democratic Party Presidential Nominating
Convention shown in FAC Exhibits B, and C.
9. That there is now substantial prima facie evidence of fraudulent misdirection
to put Barack Hussein Obama. John Sidney McCain III, and Roger Calero onto all
the State ballots in 2008 at the Federal Elections, involves Defendants Andrew
Cuomo the New York Attorney General and Lorraine A. Cortez-Vazquez the New
York Secretary of State, NYS Board of Elections, et al. also involves Governor
Paterson’s Jesuit Chief of Staff who orchestrated the deception from the governor’s
office without properly informing the Governor who is legally blind and otherwise is
unable to ascertain such facts for himself relied on the Jesuit, and as such all are in
the conspiracy as defined by 42 USC 1985(3) to disrupt suffrage and among other
laws that breach Defendants fiduciary duty and injure Plaintiff who contends the
State “Little” RICO applies as presently before the Justice David I Schmidt herein.
10. That the NYS Election Law does not express that any of the respective

Presidential Ballot Certificates must be a sworn statement or as it requires every
other certificate to be sworn as to all matters true and correct as in other Articles
thereby arguendo sets a greater responsibility upon the NYS Board of Election
Commissioners and or their agents or the Sub-divisions thereof as a fiduciary duty
to ascertain the veracity accordingly since it has not been done by a notary public or
commissioner of deeds under oath, thereby shifting the burden to the Defendant
Board and or sub-divisions accordingly, and that Plaintiff alleges when upon
examination of all the Presidential Ballot Certificates shows an arbitrary pattern of
enterprise corruption scheme to defraud requiring among other relief a Judicial
Declaratory judgment as a legal matter of first impression regarding the fiduciary
duty of public officials to make sure there is equal treatment of all certifications for
ballot access that has not been done for the 2008 election cycle.
11. That Affirmant has had previous discussions about sealing this case from the
public because of my fear of reprisals and that NY Assistant Attorney General and
Defendants Counsel Joel Graber stated that sealing would be difficult unless it were
strictly a family / domestic relations type of sealing, not something like this case;
and therefore as I agree with Mr. Graber, a suitable protective order and related
relief associated with it is appropriate and reasonable under the circumstance and
that the public has a right to know what we are doing; and
12. Therefore at this point in time, Affirmant asks for a protective order as to
Christopher-Earl: Strunk in esse alone, and that Affirmant be afforded an order for
a weapon conceal carry privilege in New York state.

13.That Affirmant knows foregoing contents apply to me and my injury that by
Respondents misapplication and misadministration of law presents a question of
first impression as a State question involving the questionable seating of the New
York Eledoral College after the questionable ballot access afforded by arbitrary and
capricious action of the NYS Board of Elections et al. for the various Party
Presidential Candidate Slates at the General Election of November 4,2008; the
same is.true to my own knowledge, except as to the matters therein stated to be
alleged on information and belief, and as to those matters I believe it to be true. The
grounds of my beliefs as to all matters not stated upon information and belief are as
follows: 3rd parties, books and records, and personal knowledge.
Wherefore Plaintiff wishes an order of the Court granting the opportunity to
file and serve the Amended Summons and Verified First Amended Complaint; and
for other and different relief the court deems necessary to serve justice herein .
&@&Christopher Earl Strunk

Sworn to before me
t
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: MATTHEWS HUGGINS
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. , r Notary Public, State of New York
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Qualifiedin Kings County
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Plaintiffs Affidavit Page 6 of 6

COUNTY OF KINGS
Christopher Earl Strunk, Index No.: 29642 / 08

Plaintiff,
Plaintiff designates
agninst- The County of Kings as the
Place of Jury trial.
DAVID A. PATERSON,ANDREW CUOMO,THOMAS P.
DINAPOLI, in their official capacity and individually; The basis of venue is the
THE DEMOCRAT CANDIDATE PRESIDENTIAL ELECTORS plaintiffs place for suffkage
AS A CLASS, in their official capacity and individually;
SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama)
Individually; O B ' FOR AMEMCA; OBAMA VICTORY AMENDED SUMMONS
FUNQ NANCY PELOSI individuall9; DEMOCRATIC STATE
COMMITTEE OF THE STATE OF NEW YORK;
STATE COMMITTEE OF THE WORKING FAMILIES PARTY
OF NEW YORK STATE;JOHN SIDNEY MCCAIN 111, individually;
MCCMN ??CTORY2008;MCCATN-PUN VCTORY2008;
JOHN A. BOEHNER, individually; THE NEW YORK STATE
REPUBLICAN STATE COMMITTEE; THE NEW YORK STATE
COMMITTEE OF THE INDEPENDENCE PARTY;STATE
COMMITTEE OF THE CONSERVATn7E PARTY OF NEW
YORK STATE;R ~ G E RCALERO, individually; THE SOCLALIST
WORKERS PARTY; XYZ JOlNTFUN3)h2USINGCOMMIIS,EES
NEW YORK STATE BOARD OF ELECTIONS; NEW YORK
STATE BOARD OF ELBCTIONS, JAMES A. WALSH / Co-Chair,
DOUGLAS A. KEUNER / Co-Chair, EVELYN J. AQUILA /
Commissioner, GREGORY P. PETERSON / Commissioner,
Deputy Director TODD D. VALENTIW, Deputy Director
STANLEY ZALEN, LORRAINE A. CORTEZ-VAZQUEZ, Plaintiffs place for suffhge:
Secretary of the State of New York, individually; ZBIGNIEW 593 Vanderbilt Avenue 281
KAIMIERZ BRZEZINSKI, John and Jane Does;and XYZ Entities. Brooklyn, New York 11238
-
Defendants.
To the above-named Defendants:

YOU ARE HEREBY SUMMONED to answer the first amended complaint in this
action and to serve a copy of your answer, or, if the complaint is not served with this summons,
to serve a notice of appearance, on the Plaintiff Attorney within 20 days after the service of this
summons, exclusive of the day of service (or within 30 days aAer the service is complete if this
summons is not personally delivered to you within the State'of New York); and in case of your
failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the complaint.
Dated: Brooklyn, New York
~overnber 2010 &@@
EarlChristopher Stnmk, plaintiff pro se
593 ~GderbiltAvenue #28 1,
Brooklyn,New York 11238.
(845) 901-6767 E-mail: chris@-ws
To: Defendants as follows: [continued on p. 2]
David A. Paterson (NYS Governor),

Andrew Cuomo JOHN SIDNEY MCCAIN III
(NYS Attorney General / Governor Elect), 241 Russell Senate Office Building
The Capitol Washington, DC 20510
Albany, New York 12224
MCCAIN VICTORY 2008
Thomas P. DiNapoli (NYS Comptroller), 228 S WASHINGTON ST STE 115
Office of the NYS Controller ALEXANDRIA, VA 22314
110 State Street
Albany, NY 12236 MCCAIN-PALIN VICTORY 2008
& The New York Finance Committee
THE DEMOCRAT CANDIDATE PRESIDENTIAL Road to Victory Tour
ELECTORS AS A CLASS 228 S WASHINGTON ST STE 115
c/o LORRAINE A. CORTEZ-VAZQUEZ ALEXANDRIA, VA 22314
Department of State
One Commerce Plaza JOHN A. BOEHNER, individually with place of
99 Washington Ave, Albany, NY 12231-0001 business located at Washington, D.C. Office 1011
Longworth H.O.B. Washington, DC 20515
ZBIGNIEW KAIMIERZ BRZEZINSKI
c/o Columbia University in the City of New York THE NEW YORK STATE REPUBLICAN
School of Foreign Affairs STATE COMMITTEE
2960 Broadway New York, NY 10027-6902, 315 STATE ST,
ALBANY, NY 12210-2001
SOEBARKAH (a.k.a. Barry Soetoro,
a.k.a Barack Hussein Obama) THE NEW YORK STATE COMMITTEE OF
c/o The White House THE INDEPENDENCE PARTY
1600 Pennsylvania Avenue, N.W. By Frank MacKay, Chairman
Washington, District of Columbia 20500 PO BOX 871
Lindenhurst, NY 11757
OBAMA FOR AMERICA
by Martin H. Nesbitt, Treas. STATE COMMITTEE OF THE CONSERVATIVE
PO Box 8102 Chicago, IL 60680 PARTY OF NEW YORK STATE
486 78TH STREET
OBAMA VICTORY FUND BROOKLYN, NY 11209
by Andrew Tobias, Treas.
430 South Capitol Street SE RÓGER CALERO
Washington DC 20003 c/o THE SOCIALIST WORKERS PARTY
1000 Grand Concourse, #4A
NANCY PELOSI Bronx, NY 10451
235 Cannon House Office Building
Washington, DC 20515-0508 NEW YORK STATE BOARD OF ELECTIONS,
JAMES A. WALSH / Co-Chair,
DEMOCRATIC STATE COMMITTEE OF DOUGLAS A. KELLNER / Co-Chair,
THE STATE OF NEW YORK EVELYN J. AQUILA / Commissioner,
461 Park Avenue South GREGORY P. PETERSON / Commissioner,
New York, NY 10016 Deputy Director TODD D. VALENTINE,
Deputy Director STANLEY ZALEN,
STATE COMMITTEE OF THE WORKING The New York State Board of Elections
FAMILIES PARTY OF NEW YORK STATE 40 Steuben Street
2-4 Nevins Street Floor 3 Albany New York 12207
BROOKLYN, NY 11217
2
Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

-------------------------------------------------------------------------------x
Christopher-Earl: Strunk, in esse
Plaintiff, VERIFIED FIRST
-against- AMENDED COMPLAINT
DAVID A. PATERSON, ANDREW CUOMO, THOMAS P.

DINAPOLI, in their official capacity and individually; (jury trial)
THE DEMOCRAT CANDIDATE PRESIDENTIAL ELECTORS
Individually; OBAMA FOR AMERICA; OBAMA VICTORY
FUND; NANCY PELOSI individually; DEMOCRATIC STATE
COMMITTEE OF THE STATE OF NEW YORK;
OF NEW YORK STATE; JOHN SIDNEY MCCAIN III, individually;
MCCAIN VICTORY 2008; MCCAIN-PALIN VICTORY 2008;
COMMITTEE OF THE INDEPENDENCE PARTY; STATE
COMMITTEE OF THE CONSERVATIVE PARTY OF NEW
YORK STATE; RÓGER CALERO, individually; THE SOCIALIST
WORKERS PARTY; XYZ JOINT FUNDRAISING COMMITTEES;
NEW YORK STATE BOARD OF ELECTIONS; NEW YORK
STATE BOARD OF ELECTIONS, JAMES A. WALSH / Co-Chair,
DOUGLAS A. KELLNER / Co-Chair, EVELYN J. AQUILA /
Deputy Director TODD D. VALENTINE, Deputy Director
STANLEY ZALEN, LORRAINE A. CORTEZ-VAZQUEZ,
Secretary of the State of New York, individually; ZBIGNIEW
KAIMIERZ BRZEZINSKI, John and Jane Does; and XYZ Entities.
Defendants.
---------------------------------------------------------------------------------x
Plaintiff, Christopher Earl Strunk in esse, as and for the First Amended Complaint to the
Complaint filed with the clerk on or about October 29, 2008 with jurisdiction of New York
State Election Law Article §16-100 over Article 12 for the November 4, 2008 General
Election inter alia equity relief and damages, that upon information and belief and at all
times hereinafter mentioned, respectfully allege of captioned Defendants as follows:
First Amended Complaint Page 1 of 22

FIRST CAUSE OF ACTION
(Breach of State Constitutional bar for any Public Officer to hold more than one public
office for compensation, as against all Public Officer Defendants)
1. Plaintiff Christopher Earl Strunk, in esse (“Plaintiff” or “voter”), is a natural born
Citizen resident in New York who was and is a qualified voter registered to vote in the 2008
election cycle and participate in the November 4, 2008 General Election in the State of New
York, and whose principal place for service is located at 593 Vanderbilt Avenue #281,
Brooklyn, New York 11238.
2. That on November 4, 2008, Plaintiff voted for the electors representing the Republican
Party Presidential Candidate John Sidney McCain III (McCain), and that based upon
information and belief that Defendant McCain was alleged to be a natural-born Citizen and
whom subsequently did not obtain sufficient votes to win the winner take all Electoral
College from New York; and thereafter was discovery not to be a natural-born U.S. Citizen.
3. There are 31 Candidates for the Democratic Party Committee Presidential Elector Slate
as a class on the General Election November 4, 2008 statewide ballot, winner-take-all.
4. That the Democratic Party Elector Candidates listed with domicile address / names
are: Velda Jeffrey, June F. O'Neill, Dennis Mehiel, David A. Paterson, Andrew Cuomo,
Thomas P. DiNapoli, Sheldon Silver, Malcom Smith, Maria Luna, Robert Master, Pamela
Green-Perkins, Helen D. Foster, Jon Cooper, Hakeem Jeffries, Richard Fife, Deborah A.
Slott, Terrence Yang, George Arthur, George Gresham, Alan Van Capelle, Inez Dickens,
Suzy Ballantyne, Alan Lubin, Bethaida Gonzalez, Christine Quinn, William Thompson,
Stuart Applebaum, Maritza Davila, Ivan Young, Barbara Fiala, Frank A. Bolz, III.
5. That in November 2008 the Court rendered an opinion in association with the Article 78
Petition 2008/29641 that in part applies to the First Cause of action herein, as to the
alleged Breach of State Constitutional bar for any Public Officer to hold more than one

public office for compensation as against all Public Officer Defendants, in favor of public
officer defendants only as to holding more than one public office; and that otherwise
Plaintiff is damaged and injured as a result of the Public Officers breach of duty as to
ballot access for Presidential Candidates Obama, McCain, and Calero.
SECOND CAUSE OF ACTION
(Breach of oath by Defendants and all those Defendants acting individually in a scheme to
defraud under color of New York state election law)
6. Plaintiff repeats each and every allegation contained in the First Cause of Action with
the same force and effect as though herein set forth at length.
7. That Plaintiff with injury has standing with CPLR §1353 regarding a civil preceding
involving enterprise corruption by all Defendant individuals’ malicious promotion of a
scheme to defraud the people resident in New York state in promotion of ballot fraud with
the 2008 election cycle with three ineligible Presidential Candidates and committees intent
to launder campaign funds from both foreign and domestic sources to seize the Executive.
8. That necessary Parties as yet known are joined herein pursuant to CPLR §1354 as
persons and or enterprise not convicted of the crime of enterprise corruption that is a party
to a civil action under this Article 13, whenever joinder of such person or enterprise is
necessary with CPLR §1001; and according to Penal Law § 460.40 Enterprise Corruption
jurisdiction is afforded this Court as to participation by a person(s) therein; and however
involved, is herein separate from a State Finance Law Article 13 Section 190 application.
9. That Plaintiff alleges a suffrage and property taking injury effected by violation of
Penal Law § 105.35 by acts of all Defendants individually that are part of a conspiracy of
enterprise corruption against the fisc, individual liberty, and real property as a class
similarly situated with applicability for purposes of this article, as to conspiracy to
commit the crime of enterprise corruption in violation of section 460.20 of this chapter

shall not constitute an offense; however, Penal Law § 105.35 includes but is not limited to:
Penal Law : § 155.30 Grand Larceny in the fourth degree when The property,
regardless of its nature and value, is taken from the person of another; § 170.10 Forgery in
the second degree; § 175.25 Tampering with public records in the first degree; § 175.35
Offering a false instrument for filing in the first degree; § 175.40 Issuing a false certificate;
§ 210.40 Making an apparently sworn false statement in the first degree; § 200.04 Bribery
in the first degree; § 190.65 Scheme to defraud in the first degree; § 470.05 Money
laundering in the fourth degree; and further,
Election Law: § 17-102. Misdemeanors at, or in connection with, primary elections,
caucuses, enrollment in political parties, committees, and conventions; §17-106 Misconduct
of election officers; § 17-120. Misconduct in relation to certificate of nomination and official
ballot; § 17-128. Violations of election law by public officer or employee; § 17-152.
Conspiracy to promote or prevent election; and§ 17-168. Crimes against the elective
franchise not otherwise provided for. Any person who knowingly and willfully violates any
provision of this chapter, which violation is not specifically covered by any of the previous
sections of this article, is guilty of a misdemeanor; with related law in its entirety.
10. That Defendant NEW YORK STATE BOARD OF ELECTIONS, (Defendant NYS
BOE) with four commissioners two appointed from each major state party Defendant
JAMES A. WALSH / Co-Chair, Defendant DOUGLAS A. KELLNER / Co-Chair, Defendant
EVELYN J. AQUILA / Commissioner, Defendant GREGORY P. PETERSON /
Commissioner, and two deputy directors of elections Deputy Director Defendant TODD D.
VALENTINE, Deputy Director Defendant STANLEY ZALEN is located at the New York
State Board of Elections 40 Steuben Street Albany, NY 12207, and who have authority over
their agents and the local boards of election both for ballot access and the certification of

the Presidential Elector Candidates slates and committees for the names Barack Hussein
Obama (BHO, SOEBARKAH ), John M. McCain III (McCain) and Roger Calero (Calero)
hereinafter known as “Defendant Presidential Candidate(s)” with the November 4 2008
General Election results published thereafter accordingly (see Exhibit A).
11. That Defendant NYS BOE and its agents certified the Elector Defendants for each
Defendant Presidential Candidate to be on the ballot at the November 4, 2008 General
Election for the preference election of the New York Electoral College (see Exhibit B);
however, Defendant NYS BOE and its agents have not provided the certification requested
with Plaintiff’s FOIL for Roger Calero’s Committee with THE SOCIALIST WORKERS
PARTY, the DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK and
or THE NEW YORK STATE REPUBLICAN STATE COMMITTEE and others not shown.
12. That on August 28, 2008 Defendant NANCY PELOSI individually with her place of
business located at Washington, D.C. Address 235 Cannon House Office Building
Washington, DC 20515-0508, and as chair failed to affirm for the Democratic National
Committee and DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK
the eligibility of BHO for ballot access in the State of New York November 4, 2008 General
Election as shown on Exhibit B using the terms that “the following were duly nominated as
candidates of said Party for President and Vice President of the United States respectively:”
and nowhere affirms that the candidates are eligible as required by the NYS BOE as shown
at its website provisions citing Article II Section 1 Clause 5 in any of the several states and
or territories except for the State of Hawaii; however Defendant Pelosi as an admission
against interest also affirmed differently for Hawaii as follows:
13. That on August 28, 2008 Defendant Pelosi individually and as Chair affirmed the
alleged eligibility of BHO for ballot access in the State of Hawaii November 4, 2008 General

Election differently than done for any other state or territory including New York using the
terms that “the following candidates for President and Vice President of the United States
are legally qualified to serve under the provisions of the United States Constitution” as
certified for the Hawaii Secretary of State (see Exhibit C).
14. That on September 15, 2008, Defendant STATE COMMITTEE OF THE WORKING
FAMILIES PARTY OF NEW YORK STATE by Robert P. Master Presiding Officer affirmed
the alleged eligibility of BHO and the electors for ballot access in the State of New York
November 4, 2008 General Election as shown in Exhibit B using the terms that “by
majority vote of the members present, voting by weighted ballot, nominate the following
Working Families Party candidates for office at the General election to be held November 4,
2008:” nowhere affirms the Constitutional eligibility of BHO.
15. That on September 4, 2008, Defendant JOHN A. BOEHNER, individually with place
of business located at Washington, D.C. Office 1011 Longworth H.O.B. Washington, DC
20515, and as Chairman affirmed for the Republican National Committee and Defendant
THE NEW YORK STATE REPUBLICAN STATE COMMITTEE the alleged eligibility of
McCain for ballot access in the State of New York November 4, 2008 General Election as
shown in Exhibit B using the terms that “the following person, meeting the constitutional
requirements for the Office of President of the United States,”
16. That on September 21, 2008, Defendant THE NEW YORK STATE COMMITTEE
OF THE INDEPENDENCE PARTY by Frank McKay Chairman affirmed the alleged
eligibility of McCain and the electors for ballot access in the State of New York November 4,
2008 General Election as shown in Exhibit B using the terms that “do hereby certify that
the following persons were duly nominated by majority vote for the office of President and
Vice President of the United States”

17. That on September 22, 2008, Defendant STATE COMMITTEE OF THE
CONSERVATIVE PARTY OF NEW YORK STATE by Michael R. Long Chairman affirmed
the alleged eligibility of McCain and the electors for ballot access in the State of New York
November 4, 2008 General Election as shown in Exhibit B using the terms that “do hereby
certify that the following persons were duly nominated by majority vote for the office of
President and Vice President of the United States”
18. Public Officer Defendants by reason of their actions to seek election to the Electoral
College on November 4, 2008 with due notice otherwise before the General Election voted
without expressing intention to resign from the electoral college slate simultaneous with
the certification of the winning Electoral College slate under EL §12-102 by December 1,
2008, intentionally are in breach of their oath of office and subject to impeachment.
19. That public officers of the NYS BOE Defendant and the Public Officer Defendants
intentionally Breach their oath of Office to be placed on the November 4, 2008 ballot as
candidates for electors of the Electoral College and fiduciary duty to the voter(s).
20. Plaintiff, along with those similarly situated, suffers injury to his sovereignty as
guaranteed under New York State Civil Rights Law Chapter 6 Section 2 as a sovereign
citizen of the State of New York that here guarantees the Supreme sovereignty in the
people; and whereas, no authority can, on any pretence whatsoever, be exercised over the
citizens of this state, but such as is or shall be derived from and granted by the people of
this state.
21. That Plaintiff individually as a natural person as with those similarly situated as
We The People as natural persons of the State of New York (a corporate entity) resident in
New York state are grateful to Almighty God for our Freedom, in order to secure its
blessings apart from any such corporate fiction or pretender monarch, and or as further

guaranteed by the 9th and 10th Amendments to the Federal Constitution, and Magna Carta.
22. That nunc pro tunc Plaintiff inherits all the sovereign rights, privileges and property
that a living natural human inures from the creator Yahweh whose son Jesus Christ
guarantees the sovereign Freedom from Almighty God against corporate fiction and Public
Officer Defendants and their agents who are ultra vires and bent on enslaving plaintiff and
those similarly situated.
THIRD CAUSE OF ACTION

(Sedition, as against all Defendants)
23. Plaintiff repeats each and every allegation contained in the First through Second
Cause of Action with the same force and effect as though herein set forth at length.
24. That Democrat Party Elector Candidate Class of Defendants, Public Officer
Defendants, the Defendants of NYS BOE, Defendant Presidential Candidates and
committees and their agents John and Jane Does act as an enterprise to commit acts of
sedition in an agreement, communication or other preliminary activity aimed at inciting
treason or some lesser commotion against public authority and policy, as have with state
action under color of law undermined the State and Federal election as under 42 USC
§1983, §1985(3) and 1986 along with related law in its entirety.
25. That Defendant ZBIGNIEW KAIMIERZ BRZEZINSKI, (Defendant Brzezinski)
individually with his place of business at Columbia University in the City of New York
School of Foreign Affairs 2960 Broadway New York, NY 10027-6902, is both a blood
member of the Sovereign Military Order of Malta (SMOM) on "the right" and of the Scottish
Rite Freemason Grand Lodge of Philadelphia on "the left" working for the Jesuits against
the sovereign interest of the USA;
26. Defendant Brzezinski‘s world outlook and agenda by evidence of writings acts for the
Society of Jesus that eclipses all other influences on SOEBARKAH, McCain and Calero.

27. That Defendant Brzezinski has managed a crucial role for the Vatican State as a
member of the SMOM and as a Freemason of the Philadelphia Grand Lodge to create global
regionalism that subsumes national sovereignty and as Former National Security Adviser
to President Carter expressed his view of regionalism at Mikhail Gorbachev’s October 1995
State of the World Forum, that quote:
“We cannot leap into world government in one quick step...The precondition for
eventual globalization — genuine globalization — is progressive regionalization.”
28. That Defendant Brzezinski advised the SOEBARKAH and McCain campaigns, and
used his sons, Mark who was a member of the advisors in the SOEBARKAH Campaign and
Ian who was an advisor on the McCain Campaign, all done in exchange for his sons’
government employment and furtherance of the enterprise corruption.
29. That Defendant JOHN SIDNEY MCCAIN III individually with place of business
located at Washington Office: 241 Russell Senate Office Building Washington, DC 20510,
was born on August 29, 1936 in Colon Hospital, Colon Panama according to the Panama
Canal Health Department not in the Panama Canal Zone (see Exhibit D); and according to
the Hay-Banau-Varilla Treaty of November 18, 1903 that has 26 articles (see Exhibit E) in
which the two pertinent to the status of the city of Colon under that Treaty refer to the
Convention for the Construction of a Ship Canal says that the Colon Panama, the birth city
cited on McCain’s 1936 long form birth certificate where he was witnessed being born, and
where his parents resided, Colon, Republic de Panama, is not part of the Canal Zone, quote:
ARTICLE I The United States guarantees and will maintain the independence of
the Republic of Panama.
ARTICLE II The Republic of Panama grants to the United States in perpetuity the
use, occupation and control of a zone of land and land under water for the
construction maintenance, operation, sanitation and protection of said Canal of the
width of ten miles extending to the distance of five miles on each side of the center
line of the route of the Canal to be constructed; the said zone beginning in the
Caribbean Sea three marine miles from mean low water mark and extending to and

across the Isthmus of Panama into the Pacific ocean to a distance of three marine
miles from mean low water mark WITH THE PROVISO THAT THE CITIES OF
PANAMA AND COLON and the harbors adjacent to said cities, WHICH ARE
INCLUDED WITHIN THE BOUNDARIES OF THE ZONE ABOVE DESCRIBED,
SHALL NOT BE INCLUDED WITHIN THIS GRANT…” (Emphasis by Plaintiff)
and therefore, Defendant McCain is not a natural-born Citizen was not born on U.S.
Territory or the USA and is not eligible for the Presidency with the U.S. Constitution
Article II Section One Clause 5 as mandated by the Defendant NYS BOE.
30. That Defendant SOEBARKAH is a Madrasah trained radical Sunni Muslim by birth
right according to the Koran through his father Barack Hussein Obama Sr. (a Sunni
Muslim), and that by training and practice admitted during the speech to the Muslim
Brotherhood in Cairo in 2009 – SOEBARKAH practices Shariah law and is devoted to King
Saud of Saudi Arabia who based upon information paid for the Columbia and Harvard
university expenses with the full knowledge and blessing of Defendant Brzezinski.
31. Defendant SOEBARKAH admits his natural father at the time of his birth is a
citizen of the United Kingdom and the British Nationality Act of 1948 governs dual
citizenship at birth.
32. That Rep. John Bingham, author of the 14th Amendment, Congressional Globe,
39th, 1st Sess., pg 1291 (March 9, 1866) stated:
“… every human being born within the jurisdiction of the United States of parents
not owing allegiance to any foreign sovereignty is, in the language of your
Constitution itself, a natural-born citizen.”
33. That Defendant SOEBARKAH and or his agent(s) as part of the scheme to defraud
placed an image of a Hawaiian Certification of Live Birth (COLB) on the Internet, which in
Hawaii per se is issued for all birth's registered by the State of Hawaii whether the human
being is born there or not, and as a prima facia fact means the Hawaii issued COLB does
not prove "natural born" citizenship or birth in Hawaii, only a long form document would.

34. A COLB per se is sufficient proof of citizenship if not part of a scheme to defraud;
however, a COLB issued to those who are "naturalized" in Hawaii is of questionable legal
issue contrary to U.S. Constitution Article 1 §8 Clause 4, Article I §9 Clause 1, Article 1 §10
Clause 1, and as a matter of first impression conflicts with the full faith and credit clause.
35. That Defendant SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama)
at six years of age used the name given upon his adoption by Lolo S. Soetoro Mangunharjo,
an Indonesian colonel in General Suharto's Armed Forces who had married Stanley Ann
Obama, and as an Indonesian Citizen from six years of age SOEBARKAH is presumed to
have an Indonesian passport after removal from the U.S. Passport of Stanley Ann Soetoro
as released to Plaintiff on July 29, 2010 by the U.S. Department of State, see Exhibit F.
36. That Defendant SOEBARKAH is not eligible for the Office of the President because
with the McCarran-Walter Act of 1952 as the controlling legal authority for the birth of
BHO, and especially when the transmission of British citizenship to BHO at birth no
matter where the location is proves a dual citizen at birth, as a treaty matter between
Britain and the USA, and that with the admission against interest of both Stanley Ann
Dunham Obama and Barack Hussein Obama Sr. in a marriage in Hawaii entered after
conception, in which both parents attribute Paternity to BHO Sr. without challenge at the
time of the March 20, 1964 divorce decree makes BHO Jr. a British subject with dual
citizenship and multi-allegiances at best that by the 1952 McCarran-Walter Act, therefore
BHO Jr. is not a Natural Born Citizen; and
37. Further, Defendant SOEBARKAH lost his U.S. citizenship when his mother married
an Indonesian citizen and became a naturalized citizen of Indonesia and in that Indonesia
does not recognize dual citizenship, and because Defendant SOEBARKAH did not take an
oath of allegiance to the USA when reaching the proper age while resident in the USA

retains Indonesian Citizenship having renounced his previous U.S. Naturalized citizenship
/ British Citizen status; and
38. Plaintiff further alleges, that had SOEBARKAH followed up with his resident status
after 1971 while living with his Grandmother in Hawaii to become naturalized, he failed to
take an oath of allegiance when SOEBARKAH turned 18 years old to regain his U.S.
citizenship status, and then obtained school financing as a foreign exchange student in
Hawaii and again at Occidental College in Los Angeles as done at Columbia and Harvard,
at best has multiple citizenship status with allegiances to Indonesia, Great Britain, Kenya
perhaps; however is not a natural-born citizen of the United States and according to the
public record is not even a citizen of the United States, and therefore, ineligible for the
presidency with the U.S. Constitution Article II Section 1 Clause 5 as mandated by the
Defendant NYS BOE; and
39. Further by U.S. Senate resolution is underscored and confirmed by the Honorable
United States District Judge Michael Chertoff then serving as the Secretary of Homeland
Security in testimony under oath before the U.S. Senate Committee and as reprinted in the
Congressional Record pages S2950 and S2951 (see Exhibit G) stated:
CHERTOFF. “My assumption and my understanding is that if you are born of

American parents, you are naturally a natural-born American citizen.”
40. In that on April 10, 2008, Defendant SOEBARKAH, as a U.S. Senator was the
Sponsor of the sense resolution S 511 (see Exhibit H) along with other U.S. Senators Mrs.
MCCASKILL, Mr. LEAHY, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB who
maliciously submitted the S 511 resolution knowing it was false as to the natural-born
Citizen status of Senator John Sidney McCain III, in violation of 18 USC §1001; and in
which S 511 was referred to the Committee on the Judiciary then to the U.S. Senate as a
fraud upon Congress and the People of the several states and territories contrary to the

facts shown in Exhibit D and above stated:
“Whereas John Sidney McCain, III, was born to American citizens on an American
military base in the Panama Canal Zone in 1936:”
41. That SOEBARKAH acknowledges endorsing Senate Resolution 511 that one needs
two (2) U.S.A. Citizen parents at birth to be qualified to be a natural born citizen.
42. That Defendant ROGER CALERO was born in Nicaragua in 1969. He and his family
fled via Los Angeles, California in 1985. Calero is now a permanent resident alien (holding
a green card) since 1990. While in Los Angeles, Calero joined a socialist movement and
helped mobilize support against Proposition 187 in the early 90s, and is presumed to have
filed a certification for ballot access through the respective Defendant Socialist Worker’s
Party Committee as shown on Exhibit A, but is not a natural-born U.S. Citizen with the
U.S. Constitution Article II Section 1 Clause 5 as mandated by the Defendant NYS BOE.
43. That on November 30, 2007, Defendant SOEBARKAH affirmed an affidavit for the
Arizona Secretary of State to gain ballot access in the Arizona 2008 Presidential Preference
Election Ballot, and likewise on October 9th 2007, Defendant McCain affirmed an affidavit
for the Arizona Secretary of State to gain ballot access in the Arizona 2008 Presidential
Preference Election Ballot and that both affirmations were duly filed with the AZ Secretary
of State who provided a certified copy of each respective filed affidavit (see Exhibit I); with
each individually affirming that
““I do solemnly swear (or affirm) that all the information in this Nomination Paper
is true, that as to these and all other qualifications, I am qualified to hold the office
that I seek, having fulfilled the United States constitutional requirements for
holding said office. I further swear (or affirm) that I have fulfilled Arizona's
statutory requirement for placing my name on the Presidential Preference Election
ballot.”
44. That according to the Help America to Vote Act of 2002 (HAVA) section 213 (a) (1)
(A) the Arizona Secretary of State (located at the Office of the Secretary of State of Arizona

1700 West Washington Street, 7th Floor Phoenix, AZ 85007-2888), and the New York
Secretary of State Defendant LORRAINE A. CORTEZ-VAZQUEZ (located at the
Department of State One Commerce Plaza 99 Washington Ave, Albany, NY 12231-0001)
are both Federal officers who each serve as an unpaid employee of the United States
Election Assistance Commission (EAC), a Federal employee and respective state employee.
45. Wherefore, Defendant SOEBARKAH and Defendant McCain each individually and
in conspiracy committed perjury before a Federal Officer in violation of 18 USC §1001 as
part of the racketeering enterprise corruption.
46. That Plaintiff with those similarly situated are denied individual 1st, 5th , 9th and
10th amendment rights to sovereignty and a republican form of government as well as
financial injury for the cost of the 2008 election cycle in New York..
FOURTH CAUSE OF ACTION

(Conspiracy to commit Treason, as against all Defendants, and their agent John / Jane
Does XYZ Entities as an enterprise)
47. Plaintiff repeats each and every allegation contained in the First through Third
48. That Democrat Party Elector Candidate Defendants, their agents John and Jane
Does are part of an enterprise who have overthrown the government of the United States in
conjunction with SOEBARKAH, Joseph Biden, McCain, Calero and their agents at the
state and national level with those other candidate elector slates of other states of the
several states (“Racketeering Enterprise”).
49. Based upon information and belief the Democrat Party Elector Candidate
Defendants, their agents John and Jane Does using the Defendants NYS BOE and their
agents as an enterprise have misapplied and mis-administered their public duties under
NYS BOE regulation by failure to obtain and ascertain proof that each Defendant

Presidential Candidate is a natural-born Citizen, that otherwise is contrary to State Law,
regulations and the United States Constitution Article 2 Section 1 Clause 5:
“No 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; neither
shall any Person be eligible to that Office who shall not have attained to the Age of
thirty five Years, and been fourteen Years a Resident within the United States.”
50. Based upon information and belief the State Defendants, Defendant Presidential
Candidates, various Defendant Committees and their agents have not presented a certified
copy of the “long-form” birth certificate of the Defendant Presidential Candidates for ballot
access to the New York November 4, 2008 General Election / 2008 election cycle.
51. There has never been an Article II executive who has ever been a naturalized citizen
or a non-citizen as it is against the mandate of the U.S. Constitution Article II Section 1
Clause 5 that a candidate be a natural-born U.S. Citizen to be eligible.
52. There has never been an Article II executive who is a citizen of a foreign nation and
or has dual allegiance with a foreign nation.
53. That were the executive to be occupied by a foreign citizen would constitute an
invasion, coup-d-tat and trespass upon the sovereign citizen of New York a taking as of
right under the 10th Amendment must secede New York from the Union until such time the
Union were made whole and laws enforced again.
54. Those Defendants know they have a duty to prevent any person who is not a natural
born citizen from ballot access in the state of New York when running for President and or
Vice President and have maliciously failed miserably in an act of treason.
55. Those Officer Defendants and the NYS BOE have not fulfilled the due diligence
necessary to protect the voter(s), are ultra vires and individually liable.
Does as an enterprise are attempting to overthrow the government of the State of New

York in conjunction with Barack Hussein Obama, Joseph Biden racketeering Enterprise at
the November 4, 2008 for foreign agents who are enemies of Plaintiff and those New York
State Citizens guaranteed sovereignty exclusively under the New York State Constitution
separate and apart from the other states of the several states.
57. That the Racketeering Enterprise corruption has overthrown the government of the
state of New York to which the Democrat Party Elector Candidate Defendants owe
allegiance, and who join the Racketeering Enterprise to wage war against the State and or
materially promote the foreign illegal alien SOEBARKAH , foreign born Roger Calero with
only a green card and foreign born U.S. Citizen John Sidney McCain III to the Executive
branch and the Presidency of the United States against the law of both the State and
Federal Constitutions, as has with state action undermined the State and Federal election
with 42 USC 1983, 1985(3) and 1986 related Federal and State law in its entirety.
58. That Defendants infringe Strunk’s individual liberty, expectation of a republican
form of government, and burden his expectation of effective participation in the general
election were the laws not enforced in good faith with the duties of their office.
59. Plaintiff is the only person in the USA to have duly fired fired fired BHO on
January 23, 2009 by registered mail (rendering BHO the USURPER as Plaintiff is entitled
to characterize BHO as) on the grounds that he had not proven himself eligible to be the
administrator / trustee of Plaintiff’s private account at the U.S. Treasury as required by
U.S. Constitution Article 2 Section 1 clause 5 with a pending Replevin matter in the
District of Columbia;
60. Further, that the Honorable Justice David I. Schmidt in the NYS Supreme Court
Case Strunk v. Paterson et al. in the County of Kings with index 08-29642 declined to sign
a subpoena order to obtain document records of Stanley Ann Dunham (SAD) from US DOS,

and that thereby forced Plaintiff as the only alternative to obtain the passport records of
SAD in FOIA case DCD 08-cv-2234;
61. Further, that document records are germane to determine where Stanley Ann
Dunham was at the time of the Usurper’s birth as requested in the FOIA;
62. Further, that Plaintiff FOIA case in Washington D.C. 08-cv-2234 presently has a
decision pending on a Summary Judgment that Plaintiff opposes, as there has been a
preponderance of evidence showing that federal parties and those yet named have
committed a fraud upon that court and have violated 18 USC §1001.
63. Further, that not all the requested documents are now essential for the continuation
of Plaintiff’s action before Justice Schmidt as here demonstrated.
64. Further New York State Board of Elections individuals; the New York State
Secretary of State individually, the New York State Attorney General Andrew Cuomo
individually as an elector along with John and Jane Does have conspired inter alia for a
breach of fiduciary duties under color of state law enacted by the State Legislature to
protect Plaintiff’s right to a reasonable expectation of participation and success with a
proper ballot for the New York electoral college election of the 2008 president and vice
president of the United States of America in accordance with United States Constitution
Article 2 Section 1 Clause 5; and
65. Furthermore, that as a matter of State Court standing Plaintiff’s suffrage privilege
goes to his specific circumstances and depends upon Plaintiff's substantive due process
right to publicly available document records questionably withheld since 2008 as a 5th
amendment issue, and which goes well beyond simple procedural due process as a
minimum requirement as U.S. DOS’s Counsel suggests in the use of the term reasonable, to
injure Plaintiff along with those similarly situated.

FIFTH CAUSE OF ACTION

(Enterprise Unjust Enrichment, against All Defendants)
66. Plaintiff repeats each and every allegation contained in the First through Fourth
67. That based upon information and belief Russia, Iran , Syria, Saudi Arabia,
Indonesia, Lebanon, Nigeria, Libya, Egypt, Dubai among other sovereign foreign entities
and persons have illegally contributed to the campaign of Defendant SOEBARKAH who
spent $738,812,857 to seize control of the White House and is 46% of the total money raised
for all candidates in the 2008 Presidential Election that compares to three hundred and ten
million spent by Defendant McCain; and as part of the scheme to defraud the Vatican Bank
was used as an intermediary for transfer of funds into its USA landing Banks in New York
that with the release of the banking records of the SOEBARKAH campaign committee will
show substantial illegal foreign involvement to launder funds to buy the presidency as
previously done in the instance of James Riady of the Indonesian Lippo Group for Bill
Clinton in 1992 was not convicted by the DOJ until January 11, 2001.
68. Each of the Defendants and their agents have been unjustly enriched by the
referenced activities to disrupt the election without assuring a duly eligible Presidential
Candidates for the Republican Democrat and Socialist Workers party under color of state
law, that violates Plaintiff’s and those similarly situated Federal / State voter right and
imposing expense as a taking; as with 42 USC §1983 and related law applies in its entirety
with election costs levied upon real property.
69. That Defendant SOEBARKAH (a.k.a. Barry Soetoro, a.k.a Barack Hussein Obama)
individually under the name Barack Hussein Obama is located in care of c/o The White
House 1600 Pennsylvania Avenue, N.W. Washington, District of Columbia 20500 used
campaign finance committees nationally and in New York State according to records

maintained by the Defendant NYS BOE include but are not limited to: OBAMA FOR
AMERICA by Martin H. Nesbitt, Treas. PO Box 8102 Chicago, IL 60680 ; OBAMA
VICTORY FUND by Andrew Tobias, Treas. 430 South Capitol Street SE Washington DC
20003; among others used exclusively in New York state; and that Defendant Soebarkah
conspired with Defendant Nancy Pelosi individually with place of business located at
Washington, D.C. Address 235 Cannon House Office Building Washington, DC 20515-0508,
along with the DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK
located at 461 Park Avenue South New York, NY 10016 , STATE COMMITTEE OF THE
WORKING FAMILIES PARTY OF NEW YORK STATE located at 2-4 Nevins Street Floor
3 BROOKLYN, NY 11217 and XYZ JOINT FUNDRAISING COMMITTEES to use the
funds associated with the campaign.
70. That Defendant John Sidney McCain III, individually then located at 3501 North
24th Street Phoenix, AZ 85016 used campaign finance committees nationally and in New
York state according to records maintained by the Defendant NYS BOE, and that include
but are not limited to the MCCAIN VICTORY 2008 located at 228 S WASHINGTON ST
STE 115 ALEXANDRIA, VA 22314; MCCAIN-PALIN VICTORY 2008 & The New York
Finance Committee Road to Victory Tour located at 228 S WASHINGTON ST STE 115
ALEXANDRIA, VA 22314, and that Defendant John Sidney McCain located at Campaign
Address 2211 East Camelback Road Phoenix, AZ 85016 and place of business at
Washington, D.C. Address 241 Russell Senate Office Building Washington, DC 20510,
conspired with Defendant John A. Boehner, individually along with THE NEW YORK
STATE REPUBLICAN STATE COMMITTEE located at 315 STATE ST, ALBANY, NY
12210-2001 , THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY
located at Frank MacKay, Chairman Independence Party of New York State PO BOX 871

Lindenhurst, NY 11757, STATE COMMITTEE OF THE CONSERVATIVE PARTY OF
NEW YORK STATE located at 486 78TH STREET BROOKLYN, NY 11209, and XYZ
JOINT FUNDRAISING COMMITTEES to use the funds associated with the campaign.
71. That Defendant Róger Calero, individually used campaign finance committees
nationally and in New York state according to records maintained by the Defendant NYS
BOE, and that include but are not limited to persons associated with THE SOCIALIST
WORKERS PARTY located at Committee Address: 1000 Grand Concourse, #4A Bronx, NY
10451, read more: http://www.city-data.com/elec08/CALERO.html#ixzz14RIyR4iu , and
XYZ JOINT FUNDRAISING COMMITTEES to use the funds associated with the
campaign.
72. That the campaign finance associated with the Defendant Soebarkah and Biden
Candidacy activities is aided and abetted by Democrat Party Electoral College slate malice
seated after the November 4, 2008 General Election that further damaged Plaintiff at both
the national and state level beyond what has occurred, and will occur, by reason of all
Defendants’ activities of unjustly enriching themselves at expense of Plaintiff and others
similarly situated.
73. That all the Defendants having been culpable to jointly and severally aid and abet
the false billing of Defendant Presidential Candidate campaigns with associated funds from
the New York state taxpayers in the excess of say $10,000,000.00 or more, are liable for the
cost of elections, with interest, and cost of suit caused by the scheme to defraud.
WHEREFORE, Plaintiff wishes a preliminary injunction hearing and
summary judgment under CPLR §3001 and permanent injunction against the
Defendants and such other relief as the Court deems just including:

a. That the Court order expedited discovery to determine the m p e of the
alleged $10,000,000.00 or more actual damages plus after conducting
hearings and jury trial to determine the scope of punitive treble damages;
b. That the court order a report to be presented to the full legislature and
Chief judge of the Court of Appeals in the matter of public officer
impeachment, sedition, treason and referral for prosecution.
c.. And for further and different relief as the Court may deem necessary
herein.
Dated: Brooklyn,New York

~ovember 2010
Christopher-Earl: Strunk, in esse, Plaintiff

self-represent without being an attorney
593 Vanderbilt Avenue #281,
(845) 901-6767 E-mail: chris@strunk,ws

Strunk v. Paterson et al. N Y S Supreme Court County of Kings 29642-08
VERIFICATION AFFIDAVIT
STATE OF NEW YORK )

) ss.
COUNTY OF KINGS 1
penalty of perjury:
I have read the foregoing First Amended Complaint with five Causes of
Action with Exhibit A through I against Defendants in their official capacity and
individually, in which I request a Preliminary Injunction and Declaratory
Judgment for equity relief as well as for say $10,000,000.00 in damages plus treble
damages; and know the contents thereof apply to me by misapplication and
administration of laws and that has a question of first impression as a State
question involving the sedition and treason in enterprise corruption in creation of
the New York Electoral College going into the General Election of November 4,
2008; the same is true to my own knowledge, except as to the matters therein stated
to be alleged on information and belief, and as to those matters I believe it to be
true. The grounds of my beliefs as to all matters not stated upon information and
belief are as follows: 316 parties, books and records, and personal knowledge.
/1
Sworn to before me
This //- day of November 2010
MATTHEWS HUGGINS
Notary Public, State of New York
No. 01HU6103403
Qualified in Kings County
Commission Expires Dec.
/ N b t a b Pu

COUNTY OF KINGS
---------------------------------------------------------------x
Christopher-Earl: Strunk v. PATERSON et al. Index No.: 29642 / 08
VERIFIED FIRST AMENDED COMPLAINT
Exhibit A
NYS Board of Elections President and Vice-President Election Returns Nov. 4, 2008
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DEM REP IND CON WOR GRE LBT PLT PSL SWP
Albany 90,099 43,498 3,645 3,443 3,838 372 521 1,555 40 99
Allegany 6,792 9,914 556 543 224 39 84 195 5 16
Broome 45,279 36,227 2,010 1,840 1,925 215 361 783 17 50
Cattaraugus 13,789 15,730 1,037 1,003 518 71 118 285 5 32
Cayuga 17,432 13,089 968 1,186 696 56 164 352 26 23
Chautauqua 27,958 24,778 2,128 1,673 1,171 104 238 650 23 39
Chemung 18,417 17,655 1,062 647 471 55 127 231 8 20
Chenango 9,710 9,259 655 423 390 62 90 235 6 17
Clinton 19,389 11,039 933 607 827 67 109 288 17 36
Columbia 16,574 11,023 1,241 1,073 982 88 124 258 11 29
Cortland 11,375 8,530 624 524 486 47 68 226 9 8
Delaware 9,036 9,406 641 477 426 56 93 204 9 36
Dutchess 68,614 51,453 3,883 4,292 2,446 269 427 780 19 63
Erie 245,214 153,944 12,353 12,518 11,085 770 1,393 4,216 117 316
Essex 9,943 7,112 512 289 447 35 66 148 9 29
Franklin 10,220 5,994 432 250 351 33 56 141 6 12
Fulton 9,389 10,497 577 635 306 32 79 263 4 18
Genesee 10,320 13,657 854 1,194 442 43 84 250 7 15
Greene 9,333 10,307 794 958 517 67 87 200 10 14
Hamilton 1,184 1,941 99 101 41 1 11 28 0 2
Herkimer 11,698 13,121 859 639 396 49 93 294 9 18
Jefferson 17,547 18,046 1,315 859 619 49 121 257 9 26
Lewis 4,786 5,345 338 286 200 21 52 88 1 12
Livingston 13,162 13,945 951 1,134 493 77 118 200 8 24
Madison 14,144 12,536 947 951 548 66 204 331 12 35
Monroe 201,184 122,834 8,142 13,286 6,187 577 1,428 2,059 60 107
Montgomery 8,764 9,412 665 634 316 29 71 248 7 22
Nassau 334,442 261,589 12,061 15,126 7,743 808 1,254 2,288 64 166
Niagara 45,193 40,592 2,768 2,988 2,110 134 317 1,025 22 49
Oneida 41,707 42,979 3,725 2,552 1,799 148 405 889 37 65
Onondaga 124,576 73,616 4,963 6,393 4,741 399 1,328 1,969 74 135
Ontario 24,277 21,961 1,382 1,828 826 85 238 358 11 36
Orange 75,977 61,903 5,680 4,459 2,349 259 399 780 35 68
Page 1 of 4
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DEM REP IND CON WOR GRE LBT PLT PSL SWP
Orleans 6,359 8,642 465 601 255 38 64 140 4 6
Oswego 23,718 20,713 1,323 1,535 1,059 108 287 441 23 42
Otsego 13,015 10,706 757 563 555 72 113 297 9 7
Putnam 20,706 21,396 1,802 1,947 907 50 148 235 4 11
Rensselaer 37,829 27,519 2,741 2,580 1,924 187 283 844 19 50
Rockland 67,165 52,866 4,400 4,486 2,378 152 222 414 17 36
Saratoga 54,790 46,554 3,031 3,270 1,855 175 446 1,020 21 63
Schenectady 37,113 25,400 1,869 2,489 1,498 151 274 900 23 48
Schoharie 5,746 7,034 497 540 263 28 58 196 2 17
Schuyler 3,737 3,984 322 236 196 25 21 72 3 4
Seneca 7,148 6,253 405 380 274 32 80 127 9 17
St. Lawrence 22,884 15,226 1,010 720 822 80 139 305 10 27
Steuben 16,551 21,587 1,491 1,125 597 93 141 270 9 24
Suffolk 334,154 262,408 20,816 23,797 12,395 876 1,443 3,067 96 297
Sullivan 16,281 11,838 1,006 1,056 569 60 79 231 11 22
Tioga 9,822 11,463 646 427 350 39 107 213 5 13
Tompkins 27,677 10,740 731 456 2,149 186 188 319 9 17
Ulster 51,164 27,922 2,598 2,780 3,156 294 319 761 30 47
Warren 15,671 13,649 955 825 610 56 93 312 7 28
Washington 12,171 11,007 763 763 570 47 106 252 13 22
Wayne 17,555 19,176 1,204 1,859 629 64 174 275 19 24
Westchester 254,583 128,737 10,327 8,760 7,227 534 943 1,352 65 295
Wyoming 6,110 9,693 613 692 269 27 60 167 12 12
Yates 4,709 4,689 287 293 181 10 32 52 4 7
Total Outside NYC 2,634,182 1,942,134 138,859 146,991 96,604 8,567 16,148 34,336 1,121 2,773
Bronx 330,875 37,199 2,158 2,326 7,386 425 209 475 103 124
Kings 581,159 138,930 6,187 6,755 22,366 1,292 876 1,720 153 207
New York 555,214 82,707 5,171 2,071 17,156 1,288 1,378 2,187 110 252
Queens 467,344 139,376 7,975 7,870 13,348 1,019 768 1,933 128 210
Richmond 76,558 77,977 3,623 4,462 2,753 210 217 598 24 49
Total NYC 2,011,150 476,189 25,114 23,484 63,009 4,234 3,448 6,913 518 842
Statewide Total 4,645,332 2,418,323 163,973 170,475 159,613 12,801 19,596 41,249 1,639 3,615
RECAP 4,804,945 2,752,771 12,801 19,596 41,249 1,639 3,615

Page 2 of 4
NYS Board of Elections President and Vice-President Election Returns Nov. 4, 2008
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Albany 0 22 3 0 1 0 0 0 0 1,516 51 130 1,697 148,833
Allegany 0 0 0 0 0 0 0 0 0 170 56 38 264 18,632
Broome 0 10 1 0 0 0 0 0 0 849 71 119 1,039 89,757
Cattaraugus 0 0 0 0 0 0 0 0 0 376 0 29 405 32,993
Cayuga 0 0 0 0 0 0 0 0 0 1,250 0 30 1,280 35,272
Chautauqua 0 8 0 0 2 0 0 0 0 1,285 0 30 1,315 60,087
Chemung 0 2 0 0 0 0 0 0 0 343 0 0 343 39,038
Chenango 0 0 0 0 0 0 0 0 0 225 23 0 248 21,095
Clinton 0 1 1 0 0 0 0 0 0 399 16 23 438 33,752
Columbia 0 4 1 0 0 0 0 0 0 418 6 25 449 31,857
Cortland 0 3 0 0 0 0 0 0 0 192 7 20 219 22,119
Delaware 0 5 0 0 0 0 0 0 0 227 0 0 227 20,616
Dutchess 0 8 0 0 0 0 0 0 0 1,307 10 48 1,365 133,619
Erie 0 53 5 0 0 0 1 0 0 5,399 0 0 5,399 447,384
Essex 0 1 0 0 0 0 0 0 0 247 0 4 251 18,842
Franklin 0 1 0 0 0 0 0 0 0 332 28 24 384 17,880
Fulton 0 5 0 0 0 0 0 0 0 130 12 19 161 21,966
Genesee 0 0 0 0 0 0 0 0 0 307 22 7 336 27,202
Greene 0 27 1 0 0 0 0 0 0 525 10 20 555 22,870
Hamilton 0 3 0 0 0 0 0 0 0 0 26 0 26 3,437
Herkimer 0 8 0 0 0 0 0 0 0 345 71 0 416 27,600
Jefferson 0 0 0 0 0 0 0 0 0 740 0 38 778 39,626
Lewis 0 0 0 0 0 0 0 0 0 201 0 9 210 11,339
Livingston 0 15 0 0 0 0 0 0 0 234 1 22 257 30,384
Madison 0 4 0 0 0 0 0 0 0 232 36 24 292 30,070
Monroe 0 119 4 0 0 0 0 1 0 2,605 54 436 3,095 359,083
Montgomery 0 6 1 0 0 0 0 0 0 259 0 0 259 20,434
Nassau 0 8 0 0 0 0 0 0 1 7,094 0 68 7,026 642,576
Niagara 0 8 1 0 0 0 0 0 0 1,010 0 65 1,075 96,282
Oneida 0 6 1 0 0 0 0 0 0 1,116 0 52 1,168 95,481
Onondaga 0 0 0 0 0 0 0 0 0 2,265 0 45 2,310 220,504
Ontario 0 18 0 0 0 0 0 0 0 388 76 0 464 51,484
Orange 0 9 0 0 0 0 0 0 0 1,667 0 64 1,731 153,649
Page 3 of 4
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Official Presidential Write-In Candidates
Orleans 0 0 0 0 0 0 0 0 0 128 15 10 153 16,727
Oswego 0 5 1 0 0 0 0 0 0 680 38 94 812 50,067
Otsego 0 7 0 0 0 0 0 0 0 323 1 20 344 26,445
Putnam 0 6 1 0 0 0 0 0 0 221 0 31 252 47,465
Rensselaer 0 7 3 0 0 0 0 0 0 964 26 0 990 74,976
Rockland 0 0 0 0 0 0 0 0 0 2,443 1 57 2,501 134,637
Saratoga 1 29 0 0 0 0 0 0 0 769 0 132 901 112,156
Schenectady 0 12 1 0 0 0 0 0 0 561 0 64 625 70,403
Schoharie 0 0 0 0 0 0 0 0 0 131 25 21 177 14,558
Schuyler 0 0 0 0 0 0 0 0 0 84 12 0 96 8,696
Seneca 0 0 0 0 0 0 0 0 0 159 20 16 195 14,920
St. Lawrence 0 19 0 0 0 0 0 0 0 452 9 84 545 41,787
Steuben 0 3 0 0 0 0 0 0 0 503 39 20 562 42,453
Suffolk 0 52 2 0 0 0 0 0 0 5,801 99 376 6,276 665,679
Sullivan 0 0 0 0 0 0 0 0 0 294 32 30 356 31,509
Tioga 0 5 0 0 0 0 0 0 0 184 27 41 252 23,342
Tompkins 0 12 0 0 0 0 0 1 0 219 40 67 326 42,811
Ulster 0 19 0 0 0 0 0 0 0 850 18 59 927 90,017
Warren 0 0 0 0 0 0 0 0 0 239 10 39 288 32,494
Washington 0 2 0 0 0 0 0 0 0 219 0 14 233 25,949
Wayne 0 20 3 0 0 0 0 0 0 375 0 43 418 41,420
Westchester 0 10 0 0 2 0 0 0 12 4,452 0 197 4,649 417,496
Wyoming 0 3 0 0 0 0 0 0 0 171 0 9 180 17,838
Yates 0 0 0 0 0 0 0 0 0 161 0 16 177 10,441
Total Outside NYC 1 565 30 0 5 0 1 2 13 54,036 988 2,829 57,717 5,080,049
Bronx 0 3 1 0 1 0 0 1 0 4,075 0 36 4,111 385,397
Kings 0 23 0 0 3 0 0 0 0 8,855 0 177 9,032 768,703
New York 0 20 2 0 0 0 0 0 4 5,982 0 325 6,307 673,867
Queens 0 16 1 0 0 0 0 0 1 5,809 0 148 5,957 645,946
Richmond 0 7 1 0 1 0 0 0 0 1,479 0 98 1,577 168,057
Total NYC 0 69 5 0 5 0 0 1 5 26,200 0 784 26,984 2,641,970
Statewide Total 1 634 35 0 10 0 1 3 18 80,236 988 3,613 84,701 7,722,019
RECAP 1 634 35 0 10 0 1 3 18
Page 4 of 4
COUNTY OF KINGS
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Exhibit B
State of New York:
We do hereby certify that at a National Convention of Delegates representing the Republican
Party of the United States. duly held and convened in the City of Saint Paul. State of Minnesota,on
~ c p t e m b e r k2008.
, the following person. meeting the constitutional requirements for the Office
of Pmident of the United States. and the following person, meeting the constitutionalrequirements
for the Office of Vice President of the United States, wen nominated for such offices to be filled
at the ensuing general election, November 4.2008. vh.:
V i a b i d e n r of the 1140West Pdcs Highway
IN TESTIMONY WHEREOF, we haw hereunto set
Pcnnanent Addnss lam^. ~ c e a m

of Chainnan of CUPLANE
737 I 'CHARTER
.Canvention warrc-.Ot(45069 National Convention
Jeur A. Iwwu
457 Csrrw Snm
Convention AVW MA
John A. Boehner, being duly 6ArOm. says that he was the presiding officer of the Convention of
I Delegates mentioned and described in the foregoing artificatc. and that the said Jean A. Inman was
the secretary of such convention. and that said certificate and the statements therein contained an true
to the best of his information and belief.
and swam to befan me

of September. 2008
Nomy Public
My Commission mpimoo haday ofI,-
Jean A. Inrmn. being duly sworn. says that she was the seuetary of the Convention of Delegates
mentioned aad dcscrii in Lhe fagoing catificate. and that the said John A. B o b was the presiding
officerof such convention. and that said certificate and the statements therein contained are true to the
best of her information and belief.
s w m to before me
this day of September, 2008 N o m y PvMic
MYCommisdon cxpitw on &dny CZ-
DEMOCRATIC NATIONAL COMMITTEE
OFFICIAL CERTIFICATION OF NOMINATION
THIS IS TO CERTIFY that at the National Convention of the Democratic Party

of the United States of America, held in Denver, Colorado on August 25 though 28,
2008, the following were duly nominated as candidates of said Party for President and
Vice President of the United States respectively:
For President of the United States
Barack Obama
5046 South Greenwood Avenue
Chicago, Illinois 606 15 2: --.
2J
-
For Vice President of the United States .. ...-.
>
... .
Joe Biden
1209 Barley Mill Road
Wilmington, Delaware 19807
Nan y Pelosi
Chair, Democratic National Secretary, Democratic National
Convention Convention
City and County of Denver )

) ss:
State of Colorado 1
Subscribed and sworn to before me in the City and County of Denver, State of Colorado,
this 2 Z a y of August, 2008.
SHAtlFA A. WILLIAMSON
Notary Public
WkuCommlbslon~~O6,2011
. .
Democratic Party Headquarters 430 South Capitol Street, SE Washington, DC. 20003 (202) 863-8000 Fax (202) 863-8174
Paid& by lbe Denzocratic ,Vatzonal Conzmittee. Contributions lo /he Denzocsatic :\htional Comnzittee ore not tax dedzrctible.
Visit our website at w.dernocrats.org.
.uw CERTIFICATE OF NOMINATION
INDEPENDENCE PARTY OF THE STATE OF NEW YORK
PLEASE TAKE NOTICE, that we the undersigned, Hon. Frank MacKay and
Hon. William Bogardt, acting as the Presiding Officer/Chairman and Secretary,
respectively, at a meeting of the State committee of the Independence Party of the State
of New York, which was duly called and held at the Holiday Inn Turf, 205 Wolf Road,
Albany, New York 12205, on the 21S' day of September, 2008 and at which a quorum
was present, do hereby certify that the following persons were duly nominated by
majority vote for the office of President and Vice President of the United States:
Title of Office to be Filled Name of Candidate Place of Residence of

Candidate
President of the John McCain 22 11 East Camelback Road,
United States Phoenix, Arizona, 85016
Vice President of the Sarah Palin 1140 West Parks Highway,
United States Wasilla, Alaska, 99654
FURTHERMORE, we do hereby certify that the persons whose names and

addresses appear on the attached list were duly nominated as electors of the President and
Vice-President of the United States, in accordance with section 6-102 of the New York
State Election Law, committed to the candidacy of John McCain for President and Sarah
Palin for Vice President of the United States.
FURTHERMORE, we do hereby certify that the following named persons were
appointed to serve as a committee to fill vacancies for the candidates and for the electors
named on the attached list: Frank MacKay, 37 Village Green Drive, Port Jefferson
Station, New York, 11776; Thomas Connolly, Jr., 19 Dobert Court, Wyantskill, New
York, 12198; and William Bogardt, 160 Archer Avenue, Copaigue, New York, 11726, in
accordance with the provisions of the Election Law.
Dated: September 2 1,2008

Frank MacKay
Presiding Officer/Chairman
William Bogardt
Secretary
CERTIFICATE OF NOMINATION
CONSERVATIVE PARTY OF THE STATE OF NEW YORK
PLEASE TAKE NOTICE, that we the undersigned, Michael R. Long and

Howard Lim, Jr., acting as the Presiding OfficerIChairman and Secretary, respectively, at
a meeting of the State committee of the Conservative Party of the State of New York,
which was duly called and held at the New York Athletic Club, 180 Central Park South,
New York, New York 10019 at 4:00 P.M. on the 22fld day of September, 2008 and at
which a quorum was present, do hereby certify that the following persons were duly
nominated for the office of President and Vice President of the United States:
I Title of Office to be Filled I Name of Candidate 1 Place of Residence of I

Candidate
President of the John McCain 22 1 1 East Camelback Road
United States Phoenix, Arizona 850 16
Vice President of the Sarah Palin 1 140 West Parks Highway
United States Wasilla. Alaska 99654
FURTHERMORE, we do hereby certify that the persons whose names and

addresses appear on the attached list were duly nominated as electors of the President and
Vice-President of the United States, in accordance with section 6-102 of the New York
State Election Law, committed to the candidacy of John McCain for President and Sarah
Palin for Vice President of the United States.
Dated: September 22,2008
Presiding Secretary
Page 1 of 7
CERTIFICATE OF NOMINATION
By the State Committee
of the Working Families Party
We, Robert P. Master and Alexander Rabb, the undersigned, DO HEREBY CERTIFY THAT:
At a meeting of the State Committee of the Working Families Party of New York State, duly convened
and held at 6:00 PM on the 15th day of September, 2008 at 2 Nevins Street in Brooklyn, City of New
York, County of Kings, State of New York, a quorum of said Committee being present, said Committee
did, by majority vote of the members present, voting by weighted ballot, nominate the following Working
Families Party candidates for office at the General election to be held November 4, 2008:
Barack Obama
5046 South Greenwood Avenue
Chicago, Illinois 60615
for President of the United States of America
: Joe Biden
Wilmington, Delaware 19807
for Vice President of the United States of America
Stuart Applebaum -
405:E 82nd St Apt 5H
New York, NY 10028-6074
for Elector of President and Vice President of the United States o f America
George Arthur -
154 Roebling Ave
Buffalo, NY 14215-3308
for Elector of President and Vice President of the United States of America
Suzy Ballantyne -
15 Cheviot Ct
Clifton Park, NY 12065-59 15
Frank A. Bolz 111

10 1 Wilmington Drive
-
Melville, NY 1 1747
Jon Cooper -
28 Lloyd Point Drive
Lloyd Harbor, NY 1 1743
Page 1 of 5
Andrew Cuomo -
1 West St Apt 3608
New York, NY 10004-1038
Maritza Davila-
924 Hart St Apt 2R
Brooklyn, NY 1 1237
Inez Dickens -
201 W 139th St Apt 1F
New York, NY 10030-2145
for Elector of President and vice President of the United States of America
~ h o m a DiNapoli
s -
100 Great Neck Rd Apt 1E
Great Neck, NY 1 1021-3342
Barbara Fiala -
27 Colfax Ave.
Binghamton, NY 13905-2106
Richard Fife -
101 W 79th St Apt 9D
New York, NY 10024-6475
Helen D. Foster -
1210 Woodycrest Ave Apt 5B
Brow, NY 10452-3739
Bethaida Gonzalez -
5570 S Salina St
Syracuse, NY 13205-3036
Pamela Green-Perkins -
14 Morhingside Ave. Apt. 64
New Y'ork, NY 10026-2329
for Elector of President and Vike President of the United States of America
Page 2 of 5
deorge Gresham -
1313 E 233rd St
Bronx, NY 10466-33 13
Velda Jeffrey
1335 E 83rd St
Brooklyn, NY 1 1236-5 101
Hakeem Jeffries F
35 Underhill Ave
Brooklyn, NY 1 123 8-3 173
Reginald Lafayette
41 8 Bedford Ave
-
Mount Vernon, NY 10553-20 17
Alan Lubin -
8 1 Pico Rd
Clifton Park, NY 12065-6717
-
Maria ~ u n ' a
839 Riverside Dr Apt 4A
New York, NY 10032-6425
Robert Master
458 14th Street
Brooklyn, NY 11215
June F. O'Neill -
75 Pollock Rd
Canton, NY 136 17-4325
David A. Paterson -
45 W 132nd St Apt 7N
New York, N Y 10037-3 1 14
Christine Quinn -
440 W 24th St Apt 2A
New York, NY 1001 1-1 350
for Elector of President and Vi:ce President of the United States of America
Page 3 of 5
Sheldon Silver -
500 G Grand Street #5A
New York, NY 10002-4262
Deborah A. Slott -
2 2 7 57th
~ St Apt 10F
New York, NY 10022-2837
Malcolm Smith -
11220 178th Pi
Jamaica, NY 11433-4 122
William C. Thompson Jr. -

768 Putnam Ave
Brooklyn, NY 1122 1-2 108
Alan VanCappelle -
303 Park Ave S Apt 405
New York, NY 100 10-3625
Terrence Yang -
1735 York Ave Apt 28H
New York, NY 10128-6861
i Ivan Young -
75 'Princess Avenue
Bay Shore, NY 1 1706-16 17
The above nominations were made pursuant td~Sections 6-102, 6-104, and 6-1 56 of the Election Law and
the Rules of the Working Families Party of New York State;
At the aforesaid meeting, said State Committee did, by majority vote of the members present at such
meeting, voting by weighted ballot, establish and elect as a Committee to Fill vacancies related to all of
the above designated and nominated candidates for statewide public office the following enrolled
members of the Working Families Party:
Robert P. Master, 458 14th Street, Brooklyn, NY 11215

Bertha M. Lewis, 14 1 Lenox Road, Basement AA, Brooklyn, NY 1 1226
Sam Williams, 3 127 Upper Mountain Road, Lockport, NY 14094
The State Committee did establish and elect tQe aforementioned Committee to Fill Vacancies pursuant to
Section 6-104 of the Election Law and the ~ u i e of
s the Working Families Party of New York State.
Page 4 of 5
We do further CERTIFY that Robert P. Master was the Presiding Officer of said meeting and that
Alexander Rabb was the Secretary thereof. '
IN WITNESS WHEREOF, we have hereunto'set our hands this 15th day of September, 2008.
Presiding Officer Presiding Secretary
STATE OF NEW YORK )

- .. -
...-
( SS. :
COUNTY OF KINGS )
On this 15th day of September, 2008, before me came Robert P. Master and Alexander Rabb, personally
known to me to be the individual whose nam&is subscribed to within the instrument and acknowledged to
me that they executed the same in their capacities as Presiding Officer and Secretary of the
d meeting and that by their signatures on the instrument.
rcJ
a7
g! 3.0-
\;2GI
I ' KhiNM A. FiNNEGAN re., p ~ - - ;
)dgbaPY bubllo atate of New York
NQ.d~~73926
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;s;,*T
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QwI49d ln New York Countl(. /q7 4 :-

+7m3-q
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@rqmission Expires WIWO/( --.! ry;
STATE OF NEW YORK ) st;;.;
( ss.:
COUNTY OF KINGS )
We, Robert P. Master and Alexander Rabb, being severally duly sworn each for himself deposes and says:
That we have read the foregoing certificate of nomination and designation and know the contents thereof
and that the same is true to our knowledge except as to those matters we believe to be true.
That said certificate was made and executed pursuant to the Rules and Regulations of the Working
Families Party of New York State and in accordance with the New York State Election Law.
That Robert P. Master was the Presiding Officer at the meeting referred to in the above certificate and that
Alexander Rabb was the Secretary thereof.
R bert P. Master Alexander Rabb

presiding Officer Secretary
Sworn to before me this 15th day of September, 2008-

E V I N A. FINNEGAN
Public, state of New yon
No. 02F15073926
Notary Public/Commissioner of Deeds QualiAqd In New York county
cQfmfs.~n Expira 03/10/20&
Page 5 of 5
COUNTY OF KINGS
---------------------------------------------------------------x
Exhibit C
J a n 06 09 01: 16p
STAT]? OF I.IAWAII
0FFIC:F. C)L' ISLICC'l'lONS
Kil:,I.I;IIIIA AYI'hl'ii
I'Lhlll. r l l s . II.\W<II rn7x:
w w w 1,.,w,,i, ",,<r.l~uii,,,,*
.I .hank you h r your rccc~itlcttcr requesting "documents tliat show thnt Bar:~cli
Olx~mais qt~aliliedto be I'resident ol'llie Ilnilecl States."
'l'hc Iluwuii process Ibr 3 prcsidcntinl canclidalc to obtain acccss to thc b;~llotis
spcllcd out in thc Inw. I-lnwnii IIcviscd Statutes $11-1 13 (Prcsidctltial Ballots) p~.irvidcs
lhnt :I rccognincd political party will pt.ovidc tlic Ollicc of l?lections with the ~ ~ ~ I l o w i n g
ink3mnraliun prior- to placing lhc ~ ~ a r nocrsils cundidaks Ibr Prosidc~itand Vice Prcsidenl
on tlic prcsidentirll ballot: ( I ) tlic namcs and addrcsscs ol its candidntcs. (2) u slnlcmc~lt
by the political party t h ~ cacli
t canditl~ltcsis legally q~~alilicrl
to scrvc undcr tlic
provisions o f ~ l i cIJnitcd Statcs (:nnl;titr~tion,and ( 3 ) a statcmcnt thnt thc candidates are
the clt~lycl~oscncandidates ol:both thc statc and lhc national party. A party that PI-ovides
this information for its candidate for prcsirlcnt and vicc-prcsidcnt of the United States
sccrlrcs its ccuididatcs placc on thc ballot.
Ilnclosl'd is A copy of'tlie ollici.;~lcctlilications of nomination linm the

1)ernoclatic Party of the United States and the Ilernocratic Party of Hawaii stating tliat
Iheir nominccs arc lcgally qualified to serve under the provisions of the United Statcs
C'onstitution. I'his inhnnation qualilies Sen. Barnck Obamn's and .loe I3iden.s names to
have nppcarcd on the Hnwi~iib;~llot.
J a n 06 09 01: 16p
. ,
Dernocratlc Party of Hawall
-
1050 Ala Moana Blvd. #2660
Honolulu, HI 96814
Phone (808)596-2080
Fax (808)586-2985
OFFlClAl CERTIFICATION OF NOMINATION
State of Hawai'i
THIS IS TO CERTlFY that the following candidates for President and Vice-
President of the United States are legally qualified to serve under the provisions of the
national Democratic Parties balloting at the Presidential Preference Poll and Caucus
held on February 19'" 2008 in the State of Hawaii and by acclamation at the National
Democratic Convention held August 27. 2008 in Denver, Colorado.
For PresMent of tho Unitod Statos
Barack Obama
P.O. Box 8102
Chicago, IL, 60680
For Vice President of the United States
Joe Biden
1209 Barley Mill Rd,
Wilminyton. DE 19807
IN TESTIMONY WHEREOF we have hemunto set our hands on thisDday

Of August, 2008,
Brtar, E. Schatz
Chair
-
Democratic Party of Hawaii
' V '
Secretary
Democratic Party of Hawaii
1050Ala Moana Blvd. #28%0 1050 Ala Moana Blvd. #2660
Honolulu, HI 96814 Honolulu. HI 96814
DEMOCRATlC PARTY OF H A W A I I a4EJ-m

1050 Alr Mom= Dlvd. Swrc D2G G Hm~olulu,HI 96814 * Pl~dnc:(808) 596-2980 4 Pax- (808) 596-2985
J a n 0 6 0 9 0 1 : 16p
DEMOCRnrrC NATIONAL CoMMITtBE
OFFICJAIJCERTIFICATION OF NOMINATIQW
THIS IS TO CERTIFY that at the National Convention of the Democratic Patty

of the Unitcd States o f America, held in Denver, Colorado on August 25 though 28,
2008, the following were duly nominated as candidates of said Party for President and
Vice President o f the Unitcd States respectivcly and that the following candidates for
Prcsidcnt and Vicc President of the Unitcd States are legally qualified to serve under the
provisions of the United S t m s Constitution:
Fur President o f the United States
Barack Obama
5046 South Greenwood Avenuc
Chicago, Illinois 60615
For Vice Pteuidcnt of thc United States
h c Bidcn
Wilmington, Dclaware 19807
"
I
Chair, Dcmocratk National Secreury, Democratic Nntiodal
City and County of Denver )

) ss:
State of Colorado )
Subscribed nnd sworn to before. me in thc City and County of Denver, Stale of Colorado,
t h i s z d a y of August, 2008.
Notary Publlc
M y C m v & ! w E l g W s Bsptwnbar06.2011
Democratic Party Hcadqunctecs 430 Souill Capirol $IN. SE Wshin~iotr,PC.ZM103 1 (202) 863-8WO r Fax (202)869-8174
Paidj'ur by the OomocruIic Nullonul Comrnfll~B~ lo //m h m o m t i c NUI~OVIQ~
Co1111~rrI/ov,orrs urn !zO! lax dclludiblc
Cornrn~l~v
Wsll our websitc at w . d c m w a M . o r e .
J a n 06 09 0 1 : 1 7 p
IREIFF & YOUNG,P.C.

SANDLER,
August 28,2008
Kevin B. Cronin
Chief EIections OfYicer
A m : BOPS
802 Lchua Ave. , ,
Pearl City, HI 96782
Dear Mr. Cronin: , . , .,.
Please find enclosed the official Certificate of Nomination of Senator Barack Obama as
the nomitm of the Democratic Partv of the United States for President of the Unitcd States and
of Senator Joe Biden as nominee foi Vicc Pmidcnt of the United Statcs.
If you need m y additional infomiation, please contact Liz Howard at 202-479-11 I I.

Thank you for your assistnnce.
Sincerely,
4 s o p h E. Sandler
Gcncral Counsel, Demooratio Nationnl Committee
COUNTY OF KINGS
---------------------------------------------------------------x
Exhibit D
COUNTY OF KINGS
---------------------------------------------------------------x
Exhibit E
Convention Between the United States and the Republic of Panama. ... Page 1 of 8
Harvard Classics 6
Nonfiction > Harvard Classics > American Historical Documents

PREVIOUS
CONTENTS · BOOK CONTENTS · BIBLIOGRAPHIC RECORD

American Historical Documents, 1000–1904.
The Harvard Classics. 1909–14.
Convention Between the United States and the Republic of Panama
(1904)
[The attempt on the part of a French company to build a Panama canal was begun in 1879
under a concession from the Republic of Colombia, through whose territory the canal was to
pass. When the enterprise was taken over by the United States in 1903, the treaty with
Colombia, arranging for United States control of the canal strip, was rejected by the
Congress of Colombia. The people of the isthmus, whose prosperity largely depended on the
building of the canal, thereupon seceded from Colombia, set up the Republic of Panama, and
agreed to the following convention.]
1
FOR the Construction of a Ship Canal to Connect the Waters of the Atlantic and Pacific
Oceans. Signed at Washington, November 18, 1903. Ratification advised by the Senate,
February 23, 1904. Ratified by the President, February 25, 1904. Ratified by Panama,
December 2, 1903. Ratifications exchanged at Washington, February 26, 1904.
Proclaimed, February 26, 1904.
2
By the President of the United States of America.
A Proclamation
Whereas, a Convention between the United States of America and the Republic of
Panama to insure the construction of a ship canal across the Isthmus of Panama to
connect the Atlantic and Pacific Oceans, was concluded and signed by their respective
Plenipotentiaries at Washington, on the eighteenth day of November, one thousand nine
hundred and three, the original of which Convention, being in the English language, is
word for word as follows:
3
Isthmian Canal Convention
The United States of America and the Republic of Panama being desirous to insure the
construction of a ship canal across the Isthmus of Panama to connect the Atlantic and
Pacific Oceans, and the Congress of the United States of America having passed an act
approved June 28, 1902, in furtherance of that object, by which the President of the
http://www.bartleby.com/43/47.html 11/9/2010
United States is authorized to acquire within a reasonable time the control of the
necessary territory of the Republic of Colombia, and the sovereignty of such territory
being actually vested in the Republic of Panama, the high contracting parties have
resolved for that purpose to conclude a convention and have accordingly appointed as
their plenipotentiaries,—
4
The President of the United States of America, John Hay, Secretary of State, and
5
The Government of the Republic of Panama, Philippe Bunau-Varilla, Envoy
Extraordinary and Minister Plenipotentiary of the Republic of Panama, thereunto
specially empowered by said government, who after communicating with each other
their respective full powers, found to be in good and due form, have agreed upon and
concluded the following articles:
6
Article I
The United States guarantees and will maintain the independence of the Republic of
Panama.
7
Article II
The Republic of Panama grants to the United States in perpetuity, the use, occupation
and control of a zone of land and land under water for the construction, maintenance,
operation, sanitation and protection of said Canal of the width of ten miles extending to
the distance of five miles on each side of the center line of the route of the Canal to be
constructed; the said zone beginning in the Caribbean Sea three marine miles from mean
low water mark and extending to and across the Isthmus of Panama into the Pacific
Ocean to a distance of three marine miles from mean low water mark with the proviso
that the cities of Panama and Colon and the harbors adjacent to said cities, which are
included within the boundaries of the zone above described, shall not be included within
this grant. The Republic of Panama further grants to the United States in perpetuity, the
use, occupation and control of any other lands and waters outside of the zone above
described which may be necessary and convenient for the construction, maintenance,
operation, sanitation and protection of the said Canal or of any auxiliary canals or other
works necessary and convenient for the construction, maintenance, operation, sanitation
and protection of the said enterprise.
8
The Republic of Panama further grants in like manner to the United States in perpetuity,
all islands within the limits of the zone above described and in addition thereto, the group
of small islands in the Bay of Panama, named Perico, Naos, Culebra and Flamenco.
9
Article III
The Republic of Panama grants to the United States all the rights, power and authority
within the zone mentioned and described in Article II of this agreement, and within the
limits of all auxiliary lands and waters mentioned and described in said Article II which
the United States would possess and exercise, if it were the sovereign of the territory
within which said lands and waters are located to the entire exclusion of the exercise by
the Republic of Panama of any such sovereign rights, power or authority.
10
Article IV
As rights subsidiary to the above grants the Republic of Panama grants in perpetuity, to
the United States the right to use the rivers, streams, lakes and other bodies of water
within its limits for navigation, the supply of water or waterpower or other purposes, so
far as the use of said rivers, streams, lakes and bodies of water and the waters thereof
may be necessary and convenient for the construction, maintenance, operation, sanitation
and protection of the said Canal.
11
Article V
The Republic of Panama grants to the United States in perpetuity, a monopoly for the
construction, maintenance and operation of any system of communication by means of
canal or railroad across its territory between the Caribbean Sea and the Pacific Ocean.
12
Article VI
The grants herein contained shall in no manner invalidate the titles or rights of private
land holders or owners of private property in the said zone or in or to any of the lands or
waters granted to the United States by the provisions of any Article of this treaty, nor
shall they interfere with the rights of way over the public roads passing through the said
zone or over any of the said lands or waters unless said rights of way or private rights
shall conflict with rights herein granted to the United States in which case the rights of
the United States shall be superior. All damages caused to the owners of private lands or
private property of any kind by reason of the grants contained in this treaty or by reason
of the operations of the United States, its agents or employees, or by reason of the
construction, maintenance, operation, sanitation and protection of the said Canal or of the
works of sanitation and protection herein provided for, shall be appraised and settled by a
joint Commission appointed by the Governments of the United States and the Republic
of Panama, whose decisions as to such damages shall be final and whose awards as to
such damages shall be paid solely by the United States. No part of the work on said
Canal or the Panama railroad or on any auxiliary works relating thereto and authorized
by the terms of this treaty shall be prevented, delayed or impeded by or pending such
proceedings to ascertain such damages. The appraisal of said private lands and private
property and the assessment of damages to them shall be based upon their value before
the date of this convention.
13
Article VII
The Republic of Panama grants to the United States within the limits of the cities of
Panama and Colon and their adjacent harbors and within the territory adjacent thereto the
right to acquire by purchase or by the exercise of the right of eminent domain, any lands,
buildings, water rights or other properties necessary and convenient for the construction,
maintenance, operation and protection of the Canal and of any works of sanitation, such
as the collection and disposition of sewage and the distribution of water in the said cities
of Panama and Colon, which, in the discretion of the United States may be necessary and
convenient for the construction, maintenance, operation, sanitation and protection of the
said Canal and railroad. All such works of sanitation, collection and disposition of
sewage and distribution of water in the cities of Panama and Colon shall be made at the
expense of the United States, and the Government of the United States, its agents or
nominees shall be authorized to impose and collect water rates and sewage rates which
shall be sufficient to provide for the payment of interest and the amortization of the
principal of the cost of said works within a period of fifty years and upon the expiration
of said term of fifty years the system of sewers and water works shall revert to and
become the properties of the cities of Panama and Colon respectively, and the use of the
water shall be free to the inhabitants of Panama and Colon, except to the extent that
water rates may be necessary for the operation and maintenance of said system of sewers
and water.
14
The Republic of Panama agrees that the cities of Panama and Colon shall comply in
perpetuity, with the sanitary ordinances whether of a preventive or curative character
prescribed by the United States and in case the Government of Panama is unable or fails
in its duty to enforce this compliance by the cities of Panama and Colon with the sanitary
ordinances of the United States the Republic of Panama grants to the United States the
right and authority to enforce the same.
15
The same right and authority are granted to the United States for the maintenance of
public order in the cities of Panama and Colon and the territories and harbors adjacent
thereto in case the Republic of Panama should not be, in the judgment of the United
States, able to maintain such order.
16
Article VIII
The Republic of Panama grants to the United States all rights which it now has or
hereafter may acquire to the property of the New Panama Canal Company and the
Panama Railroad Company as a result of the transfer of sovereignty from the Republic of
Columbia to the Republic of Panama over the Isthmus of Panama and authorizes the
New Panama Canal Company to sell and transfer to the United States its rights,
privileges, properties and concessions as well as the Panama Railroad and all the shares
or part of the shares of that company; but the public lands situated outside of the zone
described in Article II of this treaty now included in the concessions of both said
enterprises and not required in the construction or operation of the Canal shall revert to
the Republic of Panama except any property now owned by or in the possession of said
companies within Panama or Colon or the ports or terminals thereof.
17
Article IX
The United States agrees that the ports at either entrance of the Canal and the waters
thereof, and the Republic of Panama agrees that the towns of Panama and Colon shall be
free for all time so that there shall not be imposed or collected custom house tolls,
tonnage, anchorage, lighthouse, wharf, pilot, or quarantine dues or any other charges or
taxes of any kind upon any vessel using or passing through the Canal or belonging to or
employed by the United States, directly or indirectly, in connection with the construction,
maintenance, operation, sanitation and protection of the main Canal, or auxiliary works,
or upon the cargo, officers, crew, or passengers of any such vessels, except such tolls and
charges as may be imposed by the United States for the use of the Canal and other works,
and except tolls and charges imposed by the Republic of Panama upon merchandise
destined to be introduced for the consumption of the rest of the Republic of Panama, and
upon vessels touching at the ports of Colon and Panama and which do not cross the
Canal.
18
The Government of the Republic of Panama shall have the right to establish in such
ports and in the towns of Panama and Colon such houses and guards as it may deem
necessary to collect duties on importations destined to other portions of Panama and to
prevent contraband trade. The United States shall have the right to make use of the towns
and harbors of Panama and Colon as places of anchorage, and for making repairs, for
loading, unloading, depositing, or transshipping cargoes either in transit or destined for
the service of the Canal and for other works pertaining to the Canal.
19
Article X
The Republic of Panama agrees that there shall not be imposed any taxes, national,
municipal, departmental, or of any other class, upon the Canal, the railways and auxiliary
works, tugs and other vessels employed in the service of the Canal, store houses, work
shops, offices, quarters for laborers, factories of all kinds, warehouses, wharves,
machinery and other works, property, and effects appertaining to the Canal or railroad
and auxiliary works, or their officers or employees, situated within the cities of Panama
and Colon, and that there shall not be imposed contributions or charges of a personal
character of any kind upon officers, employees, laborers, and other individuals in the
service of the Canal and railroad and auxiliary works.
20
Article XI
The United States agrees that the official dispatches of the Government of the Republic
of Panama shall be transmitted over any telegraph and telephone lines established for
canal purposes and used for public and private business at rates not higher than those
required from officials in the service of the United States.
21
Article XII
The Government of the Republic of Panama shall permit the immigration and free
access to the lands and workshops of the Canal and its auxiliary works of all employees
and workmen of whatever nationality under contract to work upon or seeking
employment upon or in any wise connected with the said Canal and its auxiliary works,
with their respective families, and all such persons shall be free and exempt from the
military service of the Republic of Panama.
22
Article XIII
The United States may import at any time into the said zone and auxiliary lands, free of
custom duties, imposts, taxes, or other charges, and without any restrictions, any and all
vessels, dredges, engines, cars, machinery, tools, explosives, materials, supplies, and
other articles necessary and convenient in the construction, maintenance, operation,
sanitation and protection of the Canal and auxiliary works, and all provisions, medicines,
clothing, supplies, and other things necessary and convenient for the officers, employees,
workmen and laborers in the service and employ of the United States and for their
families. If any such articles are disposed of for use outside of the zone and auxiliary
lands granted to the United States and within the territory of the Republic, they shall be
subject to the same import or other duties as like articles imported under the laws of the
Republic of Panama.
23
Article XIV
As the price or compensation for the rights, powers and privileges granted in this
convention by the Republic of Panama to the United States, the Government of the
United States agrees to pay to the Republic of Panama the sum of ten million dollars
($10,000,000) in gold coin of the United States on the exchange of the ratification of this
convention and also an annual payment during the life of this convention of two hundred
and fifty thousand dollars ($250,000) in like gold coin, beginning nine years after the
date aforesaid.
24
The provisions of this Article shall be in addition to all other benefits assured to the
Republic of Panama under this convention.
25
But no delay or difference of opinion under this Article or any other provisions of this
treaty shall affect or interrupt the full operation and effect of this convention in all other
respects.
26
Article XV
The joint commission referred to in Article VI shall be established as follows:

27
The President of the United States shall nominate two persons and the President of the
Republic of Panama shall nominate two persons and they shall proceed to a decision; but
in case of disagreement of the Commission (by reason of their being equally divided in
conclusion), an umpire shall be appointed by the two Governments who shall render the
decision. In the event of the death, absence, or incapacity of a Commissioner or Umpire,
or of his omitting, declining or ceasing to act, his place shall be filled by the appointment
of another person in the manner above indicated. All decisions by a majority of the
Commission or by the umpire shall be final.
28
Article XVI
The two Governments shall make adequate provision by future agreement for the
pursuit, capture, imprisonment, detention and delivery within said zone and auxiliary
lands to the authorities of the Republic of Panama of persons charged with the
commitment of crimes, felonies, or misdemeanors without said zone and for the pursuit,
capture, imprisonment, detention and delivery without said zone to the authorities of the
United States of persons charged with the commitment of crimes, felonies and
misdemeanors within said zone and auxiliary lands.
29
Article XVII
The Republic of Panama grants to the United States the use of all the ports of the
Republic open to commerce as places of refuge for any vessels employed in the Canal
enterprise, and for all vessels passing or bound to pass through the Canal which may be
in distress and be driven to seek refuge in said ports. Such vessels shall be exempt from
anchorage and tonnage dues on the part of the Republic of Panama.
30
Article XVIII
The Canal, when constructed, and the entrances thereto shall be neutral in perpetuity,
and shall be opened upon the terms provided for by Section I of Article three of, and in
conformity with all the stipulations of, the treaty entered into by the Governments of the
United States and Great Britain on November 18, 1901.
31
Article XIX
The Government of the Republic of Panama shall have the right to transport over the
Canal, its vessels and its troops and munitions of war in such vessels at all times without
paying charges of any kind. The exemption is to be extended to the auxiliary railway for
the transportation of persons in the service of the Republic of Panama, or of the police
force charged with the preservation of public order outside of said zone, as well as to
their baggage, munitions of war and supplies.
32
Article XX
If by virtue of any existing treaty in relation to the territory of the Isthmus of Panama,
whereof the obligations shall descend or be assumed by the Republic of Panama, there
may be any privilege or concession in favor of the Government or the citizens and
subjects of a third power relative to an interoceanic means of communication which in
any of its terms may be incompatible with the terms of the present convention, the
Republic of Panama agrees to cancel or modify such treaty in due form, for which
purpose it shall give to the said third power the requisite notification within the term of
four months from the date of the present convention, and in case the existing treaty
contains no clause permitting its modifications or annulment, the Republic of Panama
agrees to procure its modification or annulment in such form that there shall not exist any
conflict with the stipulations of the present convention.
33
Article XXI
The rights and privileges granted by the Republic of Panama to the United States in the
preceding Articles are understood to be free of all anterior debts, liens, trusts, or
liabilities, or concessions or privileges to other Governments, corporations, syndicates or
individuals, and consequently, if there should arise any claims on account of the present
concessions and privileges or otherwise, the claimants shall resort to the Government of
the Republic of Panama, and no to the United States for any indemnity or compromise
which may be required.
34
Article XXII
The Republic of Panama renounces and grants to the United States, the participation to
which it might be entitled in the future earnings of the Canal under Article XV of the
concessionary contract with Lucien N. B. Wyse, now owned by the New Panama Canal
Company and any all other rights or claims of a pecuniary nature arising under or
relating to said concession, or arising under or relating to the concessions to the Panama
Railroad Company or any extension or modification thereof; and it likewise renounces,
confirms and grants to the United States, now and hereafter, all the rights and property
reserved in the said concessions which otherwise would belong to Panama at or before
the expiration of the terms of ninety-nine years of the concessions granted to or held by
the above mentioned party and companies, and all right, title and interest which it now
has or may hereafter have, in and to the lands canal, works, property and rights held by
the said companies under said concessions or otherwise, and acquired or to be acquired
by the United States from or through the New Panama Canal Company, including any
property and rights which might or may in the future either by lapse of time, forfeiture or
otherwise, revert to the Republic of Panama under any contracts or concessions, with
said Wyse, the Universal Panama Canal Company, the Panama Railroad Company and
the New Panama Canal Company.
35
The aforesaid rights and property shall be and are free and released from any present or
reversionary interest in or claims of Panama and the title of the United States thereto
upon consummation of the contemplated purchase by the United States from the New
Panama Canal Company, shall be absolute, so far as concerns the Republic of Panama,
excepting always the rights of the Republic specifically secured under this treaty.
36
Article XXIII
If it should become necessary at any time to employ armed forces for the safety or
protection of the Canal, or of the ships that make use of the same, or the railways and
auxiliary works, the United States shall have the right, at all times and in its discretion, to
use its police and its land and naval forces or to establish fortifications for these
purposes.
37
Article XXIV
No change either in the Government or in the laws and treaties of the Republic of
Panama shall, without the consent of the United States, affect any right of the United
States under the present convention, or under any treaty stipulation between the two
countries that now exists or may hereafter exist touching the subject matter of this
convention.
38
If the Republic of Panama shall hereafter enter as a constituent into any other
Government or into any union or confederation of states, so as to merge her sovereignty
or independence in such Government, union or confederation, the rights of the United
States under this convention shall not be in any respect lessened or impaired.
39
Article XXV
For the better performance of the engagements of this convention and to the end of the
efficient protection of the Canal and the preservation of its neutrality, the Government of
the Republic of Panama will sell or lease to the United States lands adequate and
necessary for the naval or coaling stations on the Pacific coast and on the western
Caribbean coast of the Republic at certain points to be agreed upon with the President of
the United States.
40
Article XXVI
This convention when signed by the Plenipotentiaries of the Contracting Parties shall be
ratified by the respective Governments and the ratifications shall be exchanged at
Washington at the earliest date possible.
41
If faith whereof the respective Plenipotentiaries have signed the present convention in
duplicate and have hereunto affixed their respective seals.
42
Done at the City of Washington, the 18th day of November in the year of our Lord,
nineteen hundred and three.
John Hay. [seal.]
P. Bunau Varilla. [seal.]
43
And whereas the said Convention has been duly ratified on both parts, and the
ratifications of the two governments were exchanged in the City of Washington, on the
twenty-sixth day of February, one thousand nine hundred and four.
44
Now, therefore, be it known that I, Theodore Roosevelt, President of the United States
of America, have caused the said Convention to be made public, to the end that the same
and every article and clause thereof, may be observed and fulfilled with good faith by the
United States and the citizens thereof.
45
In testimony whereof, I have hereunto set my hand and caused the seal of the United
States of America to be affixed.
46
Done at the City of Washington, this twenty-sixth day of February, in the year of our
Lord one thousand nine hundred and four, and of the Independence of the United States
the one hundred and twenty-eighth. [seal]
Theodore Roosevelt.
By the President:
John Hay,
Secretary of State.
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COUNTY OF KINGS
---------------------------------------------------------------x
Exhibit F
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COUNTY OF KINGS
---------------------------------------------------------------x
Exhibit G
S2950 CONGRESSIONAL RECORD — SENATE April 10, 2008
to originate student loans or finance Whereas innovative research is progressing Mr. LEAHY. Mr. President, today I
student loan-related activities. This faster and is being conducted more aggres- join Senator CLAIRE MCCASKILL in in-
will provide funds for banks to help sively than ever before, due, in part, to the troducing a resolution to express the
Cystic Fibrosis Foundation’s establishment
provide critically-needed student loans common sense of everyone here that
of a model clinical trials network;
during these difficult economic times. Whereas, although the Cystic Fibrosis Senator MCCAIN is a ‘‘natural born Cit-
The Federal Home Loan Banks are Foundation continues to fund a research izen,’’ as the term is used in the Con-
today an essential source of stable, pipeline for more than 30 potential therapies stitution of the United States. Our
low-cost funds to financial institutions and funds a nationwide network of care cen- Constitution contains three require-
for home mortgage, small business, and ters that extend the length and quality of ments for a person to be eligible to be
rural and agricultural loans. With their life for people with cystic fibrosis, lives con- President—the person must have
members, the Federal Home Loan tinue to be lost to this disease every day; reached the age of 35; must have re-
Whereas education of the public about cys- sided in America for 14 years; and must
Banks represent one of the largest
tic fibrosis, including the symptoms of the
sources of home mortgage and commu- be a ‘‘natural born Citizen’’ of the
disease, increases knowledge and under-
nity credit. There are twelve Federal standing of cystic fibrosis and promotes United States. Certainly there is no
Home Loan Banks, including one in early diagnosis; and doubt that Senator MCCAIN is of suffi-
Boston, each located in different re- Whereas the Cystic Fibrosis Foundation cient years on this earth and in this
gions of the country. Their cooperative will conduct activities to honor National country given that he has been serving
structure is ideal for serving the sys- Cystic Fibrosis Awareness Month in May in Washington for over 25 years. How-
tem’s 8,100 member lenders. 2008: Now, therefore, be it ever, some pundits have raised the
Resolved, That the Senate— question of whether he is a ‘‘natural
Today, the Federal Home Loan
(1) honors the goals and ideals of National born Citizen’’ because he was born out-
Banks provide billions of dollars of pri- Cystic Fibrosis Awareness Month;
mary liquidity to approximately 80 per- side of the official borders of the
(2) supports the promotion of further pub-
cent of the Nation’s financial institu- lic awareness and understanding of cystic fi- United States.
tions. By providing this additional stu- brosis; JOHN SIDNEY MCCAIN, III, was born to
dent loan authorization to its mem- (3) encourages early diagnosis and access American citizens on an American
bers, member institutions will be able to quality care for people with cystic fibrosis Naval base in the Panama Canal Zone
to remain active in the student loan to improve the quality of their lives; and in 1936. Numerous legal scholars have
marketplace and help students pay for (4) supports research to find a cure for cys- looked into the purpose and intent of
tic fibrosis by fostering an enhanced re- the ‘‘natural born Citizen’’ require-
their education. search program through a strong Federal
This legislation is absolutely vital to ment. As far as I am aware, no one has
commitment and expanded public-private unearthed any reason to think that the
securing the opportunity of higher edu- partnerships.
cation for all who choose to pursue it. Framers would have wanted to limit
f the rights of children born to military
f families stationed abroad or that such
SENATE RESOLUTION 511—RECOG-
SUBMITTED RESOLUTIONS a limited view would serve any noble
NIZING THAT JOHN SIDNEY
purpose enshrined in our founding doc-
MCCAIN III, IS A NATURAL BORN
ument. Based on the understanding of
CITIZEN
SENATE RESOLUTION 510—SUP- the pertinent sources of constitutional
PORTING THE GOALS AND Mrs. MCCASKILL (for herself, Mr. meaning, it is widely believed that if
IDEALS OF NATIONAL CYSTIC FI- LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. someone is born to American citizens
BROSIS AWARENESS MONTH CLINTON, and Mr. WEBB) submitted the anywhere in the world they are natural
following resolution; which was re- born citizens.
Mrs. MURRAY (for herself and Mr. ferred to the Committee on the Judici- It is interesting to note that another
INHOFE) submitted the following reso- ary: previous presidential candidate, George
lution; which was referred to the Com- S. RES. 511 Romney, was also born outside of the
mittee on Health, Education, Labor, United States. He was widely under-
Whereas the Constitution of the United
and Pensions: stood to be eligible to be President.
States requires that, to be eligible for the Of-
S. RES. 510 fice of the President, a person must be a Senator Barry Goldwater was born in a
Whereas cystic fibrosis is one of the most ‘‘natural born Citizen’’ of the United States; U.S. territory that later became the
common life-threatening genetic diseases in Whereas the term ‘‘natural born Citizen’’, State of Arizona so some even ques-
the United States and one for which there is as that term appears in Article II, Section 1, tioned his eligibility. Certainly the
no known cure; is not defined in the Constitution of the
millions of Americans who voted for
Whereas the average life expectancy of an United States;
individual with cystic fibrosis is 37 years, an Whereas there is no evidence of the inten- these two Republican candidates be-
improvement from a life expectancy in the tion of the Framers or any Congress to limit lieved that they were eligible to as-
1960s where children did not live long enough the constitutional rights of children born to sume the office of the President. The
to attend elementary school, but still unac- Americans serving in the military nor to same is true today.
ceptably short; prevent those children from serving as their Because he was born to American
Whereas approximately 30,000 people in the country’s President; citizens, there is no doubt in my mind
United States have cystic fibrosis, more than Whereas such limitations would be incon- that Senator MCCAIN is a natural born
half of them children; sistent with the purpose and intent of the citizen. I recently asked Secretary of
Whereas 1 of every 3,500 babies born in the ‘‘natural born Citizen’’ clause of the Con-
United States is born with cystic fibrosis; stitution of the United States, as evidenced
Homeland Security Michael Chertoff, a
Whereas more than 10,000,000 Americans by the First Congress’s own statute defining former Federal judge, if he had any
are unknowing, symptom-free carriers of the the term ‘‘natural born Citizen’’; doubts in his mind. He did not.
cystic fibrosis gene; Whereas the well-being of all citizens of I expect that this will be a unani-
Whereas the Centers for Disease Control the United States is preserved and enhanced mous resolution of the Senate and I
and Prevention recommend that all States by the men and women who are assigned to thank the Senator from Missouri for
consider newborn screening for cystic fibro- serve our country outside of our national working with me on this.
sis; borders; I ask unanimous consent that the
Whereas the Cystic Fibrosis Foundation Whereas previous presidential candidates, relevant excerpt from the Judiciary
urges all States to implement newborn were born outside of the United States of
Committee hearing where Secretary
screening for cystic fibrosis to facilitate America and were understood to be eligible
mmaher on PROD1PC76 with CONG-REC-ONLINE
early diagnosis and treatment which im- to be President; and Chertoff testified be made a part of the
proves health and life expectancy; Whereas John Sidney McCain, III, was born RECORD.
Whereas prompt, aggressive treatment of to American citizens on an American mili- EXCERPT OF SECRETARY CHERTOFF TESTIMONY
the symptoms of cystic fibrosis can extend tary base in the Panama Canal Zone in 1936: FROM APRIL 2, 2008
the lives of people who have the disease; Now, therefore, be it Chairman LEAHY. We will come back to
Whereas recent advances in cystic fibrosis Resolved, That John Sidney McCain, III, is that. I would mention one other thing, if I
research have produced promising leads in a ‘‘natural born Citizen’’ under Article II, might, Senator Specter. Let me just ask
gene, protein, and drug therapies beneficial Section 1, of the Constitution of the United this: I believe—and we have had some ques-
to people who have the disease; States. tion in this Committee to have a special law
VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8
April 10, 2008 CONGRESSIONAL RECORD — SENATE S2951
passed declaring that Senator McCain, who to his family and his Nation will not be for- Internal Revenue Code of 1986 to provide tax
was born in the Panama Canal, that he gotten: Now, therefore, be it incentives for the production of renewable
meets the constitutional requirement to be Resolved, That the Senate— energy and energy conservation.
President. I fully believe he does. I have (1) honors the life, achievements, and con- SA 4524. Mr. NELSON of Nebraska sub-
never had any question in my mind that he tributions of Charlton Heston; and mitted an amendment intended to be pro-
meets our constitutional requirement. You (2) extends its deepest sympathies to the posed by him to the bill S. 2739, to authorize
are a former Federal judge. You are the head family of Charlton Heston for the loss of certain programs and activities in the De-
of the agency that executes Federal immi- such a great and generous man, husband, and partment of the Interior, the Forest Service,
gration law. Do you have any doubt in your father. and the Department of Energy, to implement
mind—I mean, I have none in mine. Do you further the Act approving the Covenant to
f Establish a Commonwealth of the Northern
have any doubt in your mind that he is con-
stitutionally eligible to become President? SENATE CONCURRENT RESOLU- Mariana Islands in Political Union with the
Secretary CHERTOFF. My assumption and United States of America, to amend the
TION 75—EXPRESSING THE
my understanding is that if you are born of Compact of Free Association Amendments
SENSE OF CONGRESS THAT THE Act of 2003, and for other purposes; which
American parents, you are naturally a nat-
SECRETARY OF DEFENSE was ordered to lie on the table.
ural-born American citizen.
Chairman LEAHY. That is mine, too. SHOULD TAKE IMMEDIATE f
Thank you. STEPS TO APPOINT DOCTORS OF
CHIROPRACTIC AS COMMIS- TEXT OF AMENDMENTS
f
SIONED OFFICERS IN THE SA 4523. Mr. DODD (for himself and
SENATE RESOLUTION 512—HON- ARMED FORCES Mr. SHELBY) proposed an amendment
ORING THE LIFE OF CHARLTON Mr. COLEMAN (for himself and Mr. to the bill H.R. 3221, moving the United
HESTON HARKIN) submitted the following con- States toward greater energy independ-
Mr. DEMINT (for himself, Mr. BAU- current resolution; which was referred ence and security, developing innova-
CUS, Mr. MCCONNELL, Mr. ALLARD, Mr. to the Committee on Armed Services: tive new technologies, reducing carbon
CHAMBLISS, Mr. CORNYN, Mr. CRAIG, Mr. emissions, creating green jobs, protec-
S. CON. RES. 75
ENSIGN, Mr. ENZI, Mr. INHOFE, Mr. NEL- tion consumers, increasing clean re-
Whereas the Secretary of Defense has stat- newable energy production, and mod-
SON of Nebraska, and Mr. WEBB) sub- utory authority under section 3070 of title 10,
ernizing our energy infrastructure, and
mitted the following resolution; which United States Code, to appoint doctors of
chiropractic as commissioned officers in the to amend the Internal Revenue Code of
was referred to the Committee on the
Armed Forces, but has not yet made such ap- 1986 to provide tax incentives for the
Judiciary:
pointments; production of renewable energy and en-
S. RES. 512
Whereas the urgent needs of military per- ergy conservation; as follows:
Whereas the United States has lost a great sonnel in the field of operations include ac- Amend the title so as to read:
patriot with the passing of Charlton Heston; cess to the widest possible range of health To provide needed housing reform and for
Whereas Charlton Heston first became be- care options, especially in the area of care of other purposes.
loved by the Nation as a great actor and por- the spine and related structures of the body;
trayed many heroic figures, including Moses, Whereas providing military personnel in SA 4524. Mr. NELSON of Nebraska
Michelangelo, Andrew Jackson, John the the field of operations with access to chiro- submitted an amendment intended to
Baptist, Mark Antony, and El Cid in epic practic care will increase the cost effective- be proposed by him to the bill S. 2739,
movies of the 1950s and 1960s, and won the ness of military health care expenditures by
1959 Best Actor Academy Award (Oscar) for
to authorize certain programs and ac-
taking advantage of the conservative, tivities in the Department of the Inte-
playing the title character in ‘‘Ben-Hur’’; drugless, and non-surgical care option of-
Whereas Charlton Heston was a leader in fered by chiropractic care;
rior, the Forest Service, and the De-
many areas of life outside of acting, includ- Whereas back injuries are the leading partment of Energy, to implement fur-
ing serving as president of the Screen Actors cause of lost service time and disability in ther the Act approving the Covenant to
Guild, which he helped to integrate with the Armed Forces; Establish a Commonwealth of the
Ronald Reagan, and as chairman of the Whereas military personnel in the field of Northern Mariana Islands in Political
American Film Institute; operations or on shipboard can access chiro- Union with the United States of Amer-
Whereas Charlton Heston was an active practic care only through commissioned
supporter of the civil rights movement, in-
ica, to amend the Compact of Free As-
chiropractic officers; sociation Amendments Act of 2003, and
cluding protesting the showing of his film at Whereas access to chiropractic care
a segregated movie theater in Oklahoma through commissioned chiropractic officers
for other purposes.; which was ordered
City and participating in and leading the will enhance the combat readiness of mili- to lie on the table; as follows:
Arts Group in the 1963 civil rights march on tary personnel by offering a non-pharma- Strike section 335.
Washington; ceutical option for the health care needs of f
Whereas, in the last major public role of such personnel; and
his life, Charlton Heston was president of the Whereas the appointment of doctors of NOTICE OF HEARING
National Rifle Association from June 1998 chiropractic as commissioned offices will COMMITTEE ON ENERGY AND NATURAL
until April 2003; make use of a highly skilled and trained pool RESOURCES
Whereas, as president of the National Rifle of health care professionals and help to meet Mr. BINGAMAN. Mr. President, I
Association, Charlton Heston was a stalwart the growing demand for chiropractic care in
defender of the 2nd Amendment right of citi- would like to announce for the infor-
the Armed Forces: Now, therefore, be it
zens to keep and bear arms and was an active mation of the Senate and the public
Resolved by the Senate (the House of Rep-
and effective promoter of wildlife manage- resentatives concurring), That it is the sense that a hearing has been scheduled be-
ment through hunting; of Congress that the Secretary of Defense fore the Senate Committee on Energy
Whereas in 2003 Charlton Heston was should take immediate steps to establish a and Natural Resources. The hearing
awarded the Presidential Medal of Freedom, career path for doctors of chiropractic to be will be held on Thursday, May 1, 2008,
the Nation’s highest civilian honor; appointed as commissioned officers in all at 9:30 a.m., in room SD–366 of the
Whereas Charlton Heston was born in branches of the Armed Forces for purposes of Dirksen Senate Office Building.
Evanston, Illinois, on October 4, 1923, and his providing chiropractic services to members The purpose of the hearing is to re-
parents moved to St. Helen, Michigan, where of the Armed Forces.
he grew up; ceive testimony on the military build-
Whereas in 1943 Charlton Heston enlisted f up on Guam: impact on the civilian
in the Army Air Forces and served as a community, planning, and response.
AMENDMENTS SUBMITTED AND Because of the limited time available
radio-gunner in the Aleutian Islands of Alas-
PROPOSED for the hearing, witnesses may testify
ka, and in 1947 he was discharged from the
Army; SA 4523. Mr. DODD (for himself and Mr. by invitation only. However, those
Whereas in 1944 Charlton Heston married SHELBY) proposed an amendment to the bill wishing to submit written testimony
the love of his life, Lydia Clarke, to whom he H.R. 3221, moving the United States toward for the hearing record may do so by
smartinez on PRODPC60 with SENATE
had been married 64 years at his death; greater energy independence and security,
sending it to the Committee on Energy
Whereas Charlton and Lydia Heston are developing innovative new technologies, re-
the parents of 2 children, Fraser Heston and ducing carbon emissions, creating green jobs, and Natural Resources, United States
Holly Heston Rochell; protecting consumers, increasing clean re- Senate, Washington, D.C. 20510–6150, or
Whereas Charlton Heston passed away on newable energy production, and modernizing by e-mail to Rosemarie
April 5, 2008, and the contributions he made our energy infrastructure, and to amend the Calabro@energy.senate.gov.
VerDate Aug 31 2005 04:52 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A10AP6.087 S10APPT1
COUNTY OF KINGS
---------------------------------------------------------------x
Exhibit H
III
110TH CONGRESS
2D SESSION
S. RES. 511
Recognizing that John Sidney McCain, III, is a natural born citizen.
IN THE SENATE OF THE UNITED STATES

APRIL 10, 2008
Mrs. MCCASKILL (for herself, Mr. LEAHY, Mr. OBAMA, Mr. COBURN, Mrs.
CLINTON, and Mr. WEBB) submitted the following resolution; which was
referred to the Committee on the Judiciary
APRIL 24, 2008

Reported by Mr. LEAHY, without amendment
APRIL 30, 2008

Considered and agreed to
RESOLUTION
Recognizing that John Sidney McCain, III, is a natural
born citizen.
Whereas the Constitution of the United States requires that,

to be eligible for the Office of the President, a person
must be a ‘‘natural born Citizen’’ of the United States;
Whereas the term ‘‘natural born Citizen’’, as that term ap-
pears in Article II, Section 1, is not defined in the Con-
stitution of the United States;
Whereas there is no evidence of the intention of the Framers
or any Congress to limit the constitutional rights of chil-
erowe on PRODPC61 with BILLS
dren born to Americans serving in the military nor to
VerDate Aug 31 2005 01:30 May 01, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR511.ATS SR511
2
prevent those children from serving as their country’s
President;
Whereas such limitations would be inconsistent with the pur-
pose and intent of the ‘‘natural born Citizen’’ clause of
the Constitution of the United States, as evidenced by
the First Congress’s own statute defining the term ‘‘nat-
ural born Citizen’’;
Whereas the well-being of all citizens of the United States is
preserved and enhanced by the men and women who are
assigned to serve our country outside of our national bor-
ders;
Whereas previous presidential candidates were born outside
of the United States of America and were understood to
be eligible to be President; and
Whereas John Sidney McCain, III, was born to American
citizens on an American military base in the Panama
Canal Zone in 1936: Now, therefore, be it
1 Resolved, That John Sidney McCain, III, is a ‘‘nat-
2 ural born Citizen’’ under Article II, Section 1, of the Con-
3 stitution of the United States.
Æ
erowe on PRODPC61 with BILLS
SRES 511 ATS
VerDate Aug 31 2005 01:30 May 01, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\SR511.ATS SR511
COUNTY OF KINGS
---------------------------------------------------------------x
Exhibit I
I
CANDIDATE NOMINATION PAPER
You are hereby notified that I,

(A.R.S.
%rack
5 16-/!42)
9
2001 1fE t 3 Pb! 3: 0 1
FOR OFFICE USE ONLY
am seeking nomination as a candidate for the offid of President of the United States from the
Democratic Pbrty, at the Presidential Preference Election
to be held on the 5th day of February 2008.
I am a natural born citlzen of the United ~ts/tes,am at least thirty-five years of age, and
have been a resident within the United States for at least fourteen years.
5046 South . 60615

Greenwood Avenue, ~ h i o d ~ oIL
CandMate's actual residence address or description of p+ of residence (city or town) (zip)
Obama for America, 233 North ~ i c h j ~ Avenue.

a n 11th Floor, Chicag
, 8666i9
Candidate's Post Office Address I (city or town) (zip)
I
Candidate's Arizona committee information: 1

Chairman's
Name Don Bivens 1
2910 N o r t h central1 Avenue, P h o e n i x AZ 85012
Address
(number and street) (city or town) (zip)
Telephone 602-298-4200 I
I
RECEIVED
SECRETARY OF STATE
I
a registered voter in the stete in which Iresi8@7DEC 13 32 0 I
Q~am 1 a member of the politiql party from which I am running as a
I am not ) candidate for Re oRce (oi President of the United States.
I do solemnly swear (or affirm) that all the information in this Nomination Paper is true, that
as to these and all other qualifications, 1 am qualifieq to hold the office that I seek,having fulfilled
the United States constitutional requirements for holding said office. I further swear (or affirm) that
I have fulfilled Arizona's statutory requirement for pldcing my name on its
Election ballot.
i
Subscnied AND SWORN to (or affirmed) before me this l u 0 \ I C ~ 1 3 ~ f20?-

PJ
My Co+tmissionExpires: "3 - 31 - 2 0 10
File with:
Arizona Secretary of State

Election Services Division
1700 West Washington Street, Floor
Phoenix, A t b n a 85007
Dffice Revision 8/21/2007

s a M~.~II@@@~trite and c m c t
The faregping documeat i
mpy d the &cum@ filed wfth Wla SEC- afsate,
Ken Bennee, Arizona Secretary of Sta-te
Date Y./lw O?
k W W a s k m StFeGS ?Ftwr
stabe G ~ b 1700
Fbmmk,AE lim7-BBB
T&ph~nefW)W 6 B Fox [doa)Yn4j72
STATEQFmWKA
MDtDfiTE NOMlBAmPAPER
m.% 5-
P.0. BBlr l Q l f B ar&fng+.erVA 22215

1@PI
Exhibit I
Eiam
a registered voter in the statP in which Ireside.
n Iam not )
Wlam a member of the political party from which I am running as a
iJ I am not ) candidate for the oMce of President of the United States.
Ido solemnly swear (Or affirm) that ail the information in this Nomination Paper is true, that
as to these and all other qualifbat1ons, I am qualified to hold the office that 1 seek, havipg iutfilled
the United States constitutional requirements for holding said oRice. I further w a r (or affirm)
that I have fulfilled Arizona's statutory requirement for placing my name on its Presidential
Preference EIection ballot.
SuWcriibed AND SWORN to (or affirmed) before ns this Qieg.

day of
File wlth:
Arizona Secretary of State

Election Sewices Division
1700West Washington Street, 7' Floor
Phoeng Arizona 8 6 W
'Office Rsvision 8/21/200?
.*
- .-
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- .~-
Strunk v. Paterson e t al. NYS Supreme Court County of Kings 29642-08

COUNTY OF KINGS Index No.:29642 1 08
Christopher-Earl:Strunk, in esse
Plaintiff,
DAVID A. PATERSON, ANDREW CUOMO, THOMAS P.

DINAPOLI, in their official capacity and individually;
THE DEMOCRAT CANDIDATE PRESIDENTIAL ELECTORS
Individually; OBAMA FORAMERTCA;O B M WCTORY
FiWVQ NANCY PELOSI individually; DEMOCRATIC STATE
COMMI'ITEE OF THE STATE OF NEW YORK;
OF NEW YORK STATE; JOHN SIDNEY MCCAIN 111, individually;
MCCAIN CICTORYZa MCCATN-PAWNMCTORY2008;
REPUBLICAN STATE COMMIITEE; THE NEW YORK STATE
YORK STATE; R ~ G E RCALERO, individually; THE SOCIALIST
WORKERS PARTY;XlZ JOliWFI%M)RAtSINGCOMMTmE&
NEW YORK STATE BOARD OF ELECTIONS; MEW YORK
STATE BOARD OF ELECTIONS, JAMES A. WAZlSH / Co-Chair,
DOUGLAS A. KELLNER 1 Co-Chair, EVELYN J. AQUILA /
Deputy Director TODD D. VAI3NTINE, Deputy Director
STANLEY ZALEN, LORRAINE A. CORTEZ-VAZQUEZ,
Secretary of the State of New York, individually; ZBIGNIEW
KAIMIERZ BRZEZWSKI, John and Jane Does; and X m Entities.
Defendants.
SUMMONS with VERIFIED FIRST AMENDED COMPLAINT

with EXHIBIT A through I.
Dated: Brooklyn, New Y d

November ? ,2010
Christopher-Earl: Strunk,in esse plaintiff

(845) 901-6767 E-mail: chri@,strunk.ws
COUNTY OF KINGS
Christopher Ead Stnmk, Index No.: 29642 / 08

Plaintiff,
AFmDAvrr OF SERVICE
-against-
David A. Paterscm et al.
Defendants.
STATE OF N E W YORK )
) ss.
COUNTY OF KINGS )I I
Accordingly, m rd 1&/ft8&frbeing
d~ duly sworn, depose and say under penalty of
a. Am over 18years of age and not a party to this action.

b. My place of business is located at 593 Vanderbilt Avenue Brooklyn New York 11238.
c. On November 12,2010 ,Christopher Strunk gave me two copies each of the NOTICE OF
MOTION, AJWIDAVIT m SUPPORT OF THE MOTION FOR PERMISSION TO FILE
A FIRST AMENDED COMPLAINT aflkmed 11111/10, a copy of the AMENDED
SUMMONS with VERIFIED FLRST AMENDED COMPLAINT with EXHIBIT A
through I with Verification Affidavit affirmed oil 1/10,and with a blank Affidavit of
Service form for service by the United States Postal Service.
d. On November 12,2010,I placed a complete set into a propedy addressed envelope with
proper postage and deposited each with the USPS for mail delivery upon:
STATE OF NEW YORK

OFFICE OF THE ATI'ORNEY GENERAL Kimberly A. Galvin, Esq.
ANDREW M. CUOMO New York State Board of Elections
BY: JOEL GRABER, ESQ. 40 Steuben St.
Assistant Attorney General Albany ,NY , 12207
120 BROADWAY -
NEW Y O W New York 10271
-
Sworn to before me
This &
, day of November 2010
EDDIE HAMPTON~R.
NO.01HA6044027
Commission Expires June 26,2019
Print Page 1 of 1
From: chris@strunk.ws ( c h ~ s b u n k . w s ) I- -
To: joel.graber@oag.state.ny.us; kgalvin@elections.state.ny.us;
Date: Thy November 11,2010 11:42:57 PM
Cc: cestrunck@yahoo.com;
Subject: Notice of Motion for leave to file the First Amended Complaint NYS Kings 29642-08
The hard copy is being mailed Friday Morning. This is a courtesy PDF copy. The submission is going
to motion parts by noon tomorrow.
PLEASE TAKE NOTICE that upon the annexed affidavit of Christopher-Earl : Strunk in esse, affirmed
November 11,2010 with exhibit annexed, will move for leave to file and serve the Amended Summons
and Verified First Amended Complaint before the Honorable David I. Schmidt at the Part 47 Courtroom
in the Courthouse st 360 Adams Street Brooklyn New York 10007, on 30& day of November 2010, at
9:30 O'clock before Noon or at a time designated by the court or as soon thereafter as counsel can be
heard.
Dated: November -11th ,2010

Brooklyn New York
593 ~anderbiltAvenue #281

STATE OF NEW YORK

OFFICE OF THEATTORNEY GENERAL
ANJIREW M. CUOMO
BY: JOEL GRABER, ESQ.
120 BROADWAY -
NEW YORK, New York 10271
Kimberly A. Galvin, Esq.

New York State.Board of Elections
40 Steuben St.
Albany ,NY , 12207

COUNTY OF KINGS Index No.: 29642 108
Plaintiff,
David A. Paterson (NYS Governor), Andrew.Cuomo

(NYS Attorney General), Thomas P. DiNapoli
the Assembly), Malcom Smith (NYS Senator),
Hakeem J e f i e s (NYS Assemblyman for the 576 AD),
Christine Quinn (NYC Speaker of the Council),
William Thompson QVYC Comptroller),
Jim Tedisco (NYSAssemblyman), Dean Skelos
Defendants.
NOTICE OF MOTION
AFFIDAVIT IN SUPPORT OF THE MOTION FOR PERMISSION TO FILE A
F'IR!3T AMENDED COMPLAINT
Copy of the AMENDED SUMMONS with
VERIFIED FIRST AMENDED COMPLAINT with EXHIBIT A through I.

Affidavit of Service
n
Dated: Brooklyn,New York
~ovember & 2010
Christopher-~arl:Strud, in esse plaintiff'

(845) 901-6767 E-mail: chris@strunk.ws
Motion for Leave to Reargue the NOM for Leave to File the First
Amended Summons and Verified Amended Complaint
Exhibit B
“ORDER with Notice of Entry ”
KINGS COUNTY
IAS PART 47
........................................ X
CHRISTOPHER EARL STRUNK, 'IndexNo. 29642/08

* '
(Hon. David I. Schmidt)
Plaintiff,
-against-
DAVID PATERSON, et al.,

ORDER WITH NOTICE
. . .
,
Defendants. OF ENTRY5 I .
- PLEASE TAKE NOTICE that the within is a true copy of an
order of the Supreme Court of the State of New York, Kings
County (Hon'.David I. Schmidt), duly filed and entered in the
office of the Clerk of Kings County on January 13, 2011.
Dated: New York, New York

February 1, 2011 -
ERIC T. SCHNEIDERMAN
Attorney General of the
State of New York / -
JOEL GRABER
Special Litigation Counsel
Litigation Bureau
120 .Broadway- 24th l lo or
New York, NY 10271-0332
(212) 416-,8645
1. ' CLERK OF .THE COURT
I
i . Christopher Earl..Strunk
i
I
Plaintiff Pro Se
i .593 Vanderbilt Avenue, #281
Brooklyn, NY 11238
I
E N T E R .
-
----
- 2
KINGS COUiii'Y CLERK

FILED ,
t A.. *'
.. -*--
&~*",g& .aoH
COUNTY OF KINGS
---------------------------------------------------------------------------x
Christopher Earl Strunk, Index No.: 29642/08
Plaintiff,
AFFIDAVIT OF SERVICE
-against-
David A. Paterson et al.
Defendants.
-------------------------------------------------------------------------x
STATE OF NEW YORK )

) ss.
COUNTY OF ULSTER )
Accordingly, I, H. William Van Allen, being duly sworn, depose and say under penalty of perjury:
a. Am over 18 years of age and not a party to this action.
b. My place of business is located at 351 North Road Hurley New York 12443.
c. On February 20,2011, Christopher Strunk gave me four (4) copies each of the NOTICE OF
MOTION FOR LEAVE TO REARGUE THE REQUEST FOR LEAVE TO FILE THE
FIRST AMENDED SUMMONS AND COMPLAINT with affidavit in support affirmed
02118/11, with two exhibits annexed thereto for service by USPS mail upon parties to the action.
d. On Tuesday, February 22,2011, Affirmant placed a complete set in a properly addressed

envelope with proper postage for service by the USPS with confirmation of delivery upon:

40 Steuben Street. Albany ,NY, 12207 Albany, New York 12224
RUTH NOEMI COLON Acting Secretary of ERIC SCHNEIDERMAN

One Commerce Plaza by: JOEL GRABER, ESQ. AAG
120 BROADWAY -
/J./
c:;:/~
Sworn to before me
This day of February 2011
(~\t:Li\u~:C~!ct
(J/ \ JUDiTH S. MAYHON
Nq1ary Public ; \
NOTARY PUBLIC, STAJfOF NEW YORK
---j
NO.01MA6095585
QUALIFIED IN ULSTER COUNTY .,
COMMISSION EXPIRES JULY 14, 204-
---------------------------------------------------------------------------x
Plaintiff,
-against-
the Assembly), Malcom Smith (NYS Senator), th
Defendants.
-------------------------------------------------------------------------x
• Notice of Motion for Leave to Reargue the NOM for Leave to File FAC
• Affidavit in Support of Motion for Leave to Reargue the NOM for Leave to
File FAC
• Exhibit A: NOM for leave to File the First Amended Complaint
• Exhibit B: ORDER with Notice of Entry
• Affidavit of Service
Dated: February _______, 2011

Brooklyn New York _______________________________
Christopher-Earl; Strunk in esse Plaintiff
593 Vanderbilt Avenue – 281
(845) 901-6767; chris@strunk.ws
Exhibit 2
“Plaintiff Motion for Leave to file Proof of Service NUNC PRO TUNC
with sub-exhibits A through E”
-. -- .-
Strunk v Pat .29642-08

COUNTY OF KINGS Index No.: 29642 108
..
Plaintiff,
-against-
NOTICE OF MOTION
(NYS Attornev General). Thomas P. DiNa~oli FOR LEAVE TO FILE
OF SERVICE
.- .--------Cq
Candidate Presidential Electors as ;class, in their

Ca acity and individually; The New York State Bo
b
PLEASE TAKE NOTICE that upon the annexeckdfidavit ~ M ~ h e r - ~ aSt~unk

r l :in esse, /
affirmed February 18,2011 with proof of service annexed, will move for leave to file the
. ..
Original Proof of Service upon Defehdants NYS Board of Elections, NYS Secretary of State and
_I
NYS Attorney General nunc pro tunc before the Honorable David I. Schmidt at
courtr-the ~ o u r t h o u s ~360
F "
a t Adams Street Brooklyn New York 11201, i n 1lL day of !
b
9:30 O'clock before Noon or at a time designated by the court or as soon
2
thereafter as counsel can be heard.
'
593 Vanderbilt Avenue #28 1
Ernail: chris @ strunk.ws Ph. 845-90 1-6767
Andrew Cuomo, NYS Governor

Kimberly A. Galvin, Esq. for the The Capitol
New York State Board of Elections Albany, New York 12224
40 Steuben Street. Albany ,NY ,12207
ERIC SCHNEIDERMAN
RUTH NO EM^ C O L ~ NActing Secretary of NYS Office of ATTORNEY GENERAL
State for the NYS Department of State by: JOEL GRABER, ESQ.AAG
One Commerce Plaza Assistant Attorney General
99 Washington Ave, Albany, NY 12231-0001 120 BROADWAY -
Notice of Motion

---------------------------------------------------------------------------x
Plaintiff,
-against-
(NYS Attorney General), Thomas P. DiNapoli OF THE MOTION FOR LEAVE
the Assembly), Malcom Smith (NYS Senator), th TO FILE THE PROOF OF
Christine Quinn (NYC Speaker of the Council), SERVICE NUNC PRO TUNC
Defendants.
-------------------------------------------------------------------------x
STATE OF NEW YORK )

) ss.
COUNTY OF KINGS )
penalty of perjury:
2. This affirmation supports the Notice of Motion by CPLR §2214 with §2004 for
leave under CPLR §2005 to file Proof of Service with the Clerk of the Court nunc pro
tunc, for the Summons and Complaint with Index 29642-08 filed on or about October
29, 2008, in addition to Express Mail ordered with CPLR §304, duly served December 1,
2008 upon NYS Board of Elections, Attorney General Andrew Cuomo, and Secretary of
State Lorraine A. Cortez-Vazquez, complying with CPLR §307, §308 and related law;
and that there is no previous request for this relief, nor is there another to benefit.
Affidavit in support of leave to file Proof of Service Page 1 of 4

3. On January 11, 2011, at the hearing of the Notice of Motion for leave to file a
first amended complaint in the case with index 29642-08, argued that Plaintiff is in
good faith with the requirements of the CPLR rules for service, based upon the
information and belief that the original proof of service had been filed during December
2008 by the third party server H, William Van Allen who had confirmed having served
specific Defendants to Plaintiff on December 2, 2008 by email (see Exhibit A).
4. Plaintiff’s prior experience with a third party server is that such due process
requirement is to be completed by that service provider accordingly with an affidavit of
service is by mail or in person delivery upon the clerk of the court; however in this case
service was accomplished but the proof of service was not filed within ten days from
service as required was not done.
5. On January 11, 2011 after the hearing Affirmant went to the court clerk to
discover if the third party server H, William Van Allen had filed the Proof of Service
with the clerk;
6. That Affirmant did find the double captioned proof of service ordered with CPLR
§304 done by Plaintiff Express Mail (see Exhibit B) is marked for 29642-08 as required
notice to Defendants as a related action, was there filed in the folder for 29641-08, and
Affirmant requested the records clerk create a copy (see Exhibit C); but that no Proof of
Service as with CPLR §307 and §308 by the third party server H, William Van Allen
was discovered for 29642-08 in the 29641-08 folder.
7. That on January 11, 2011, Affirmant contacted H, William Van Allen who had in
fact not produced the affidavit within tens days of the December 1, 2008 service as an
honest mistake due to Plaintiff failure to follow-up; and that on January 13, 2011

H. William Van Allen affirmed the Affidavit for Proof of Service done on December 1,
2008 upon NYS Board of Elections, NYS Attorney General Andrew Cuomo, and NYS
Secretary of State and attached the December 2, 2008 email confirmation thereto (see
Exhibit D).
8. That Plaintiff contends that the 29641-08 Article 78 Petition, with time of the
essence, was absolutely related to further action in the Complaint with Summons
29642-08 and relied directly upon the Original Disposition of Law in the 29642-08 that
would be created by the court in the matter of first impression by the 29641-08 Petition
(see Exhibit E) that determines the degree that Breach of Public Officers fiduciary duty
alleged in the Complaint if Criminal Sedition and Treason is involved in the civil
matter, thereby requires proper simultaneous due notice to those Defendants of
criminal allegations requiring dual notice to Defendants as well as the NYS Attorney
General, since Plaintiff has no authority to proceed in any criminal matters,
9. But Plaintiff contends, there is a responsibility to provide due notice to those in
authority to properly proceed in the civil matter to seek remedy for injury and damages,
and therefore, accordingly Petitioner / Plaintiff had to simultaneously serve both the
Petition of 29641-08 and the Summons with the Complaint 29642-08 on Respondents /
Defendants in order to proceed thereafter or else create a hybrid petition - complaint
that is inadvisable generally.
10. Plaintiff contends that proper service was accomplished on ALL Defendants as
shown by Exhibit C and that the follow-up personal service as under CPLR §307 and
§308 shown in Exhibit D is ancillary to the civil action 29642-08 that depend upon the
original disposition of first impression with the 29641-08 Petition.

Sbumk v Patersoa et al. NYS Supreme Court of Kings IndexNo. 29642-08
11.That DeSendant rights have not been infringedby recognition of the ancillary
peraonal proof aff d c e filing nunc pro tunc, and depended upon supplemental more
dejinite statememt to be made in the civil injury and damages that are directly subject
to the to the notiice given simultaneous with the Article 78 petition as the injury to
Plaintiff r e m h ongoing by the effects of the .fraud alleged by the Defendants

malfeasance in kihe 2008 Election cycle for President and Vice President.
12.That Affhnant knows the foregoing content8 apply to me and my civil injury
with damages a ~ a sa State quegtion involving the questionable seating of the New York
Electoral Collegge after the que~tionableballot access afforded by arbitrary and
capricious actiom afthe NYS Board of Elections et al. for the various Party Presidential
Cmdidate S l a b at the General Election of Nwember 4,2008; the same is true to my
own knawledge;,cexcept as to the matters therein stated to be alleged on information
and belief, and aes to those matters I believe it to be true. The grounds of my beliefs as
to all matters ncdt stated upon intonnation and belief are as follows: third parties, books
and records, and lpersanalknowledge.
Wherefire Wlaintiff wishes an order of the Court gran-
(1) that Defemdants were properly sewed in individual and official capaci*
(2) Plaintiff lkave to me the Roof of Service with the clerk of the court nunc pro tunc;
fl I
ARNOLD I. TlSHFlELD
Sworn
T 1
his *pP"f0m-420,
day of IFe 1 Notary Public State Of New York
N0.41-4611662
Certified In Kings County
Commission Expires March 30, 2 0 g
-
-- - . - L I -
MTkbit in support of leave to file Proof of Service Page 4 of 4 --.<* --.

"
\
,
- ---'
Motion for Leave to file Proof of Service NUNC PRO TUNC
Exhibit A
“Plaintiff / Server ‘E-Mail’ of December 2, 2008”
Print Page 1 of 2
From: Bill Van Allen (hvanallen@hvc.rr.com)

To: hvanallen@hvc.rr.com; cestrunck@yahoo.com;
Date: Thu, December 4, 2008 9:04:02 AM
Cc:
Subject: RE: Personal Service of the NYSSC 29641-08 Art 78 Petition and NYSSC 29642-08 Summons
and Complaint
Chris:
The NYS-SOS lawyer accepting service of your papers was Gary Trechel, Associate Atty, NYS DoS
From: Bill Van Allen [mailto: hvanallen@hvc.rr.com ]

Sent: Tuesday, December 02, 2008 8:13 PM
To: ' cestrunck@yahoo.com '
Subject: RE: Personal Service of the NYSSC 29641-08 Art 78 Petition and NYSSC 29642-08 Summons and
Complaint
Under penalty of perjury, I make the following declaration of proof of personal service.
On Dec 1 in Albany NY I service one copy of each Strunk state supreme court case – one Article 78 petition and
Notice of Petition as well as one copy of Summons and Complaint as follows:
on staff counsel at 3PM

for
Lorraine A. Cortes-Vazquez, Secretary of State New York Department ...
Department of State
One Commerce Plaza ,
99 Washington Avenue
Albany , NY 12231-0001
Phone: (518) 474-4752
Fax: (518) 474-4597
For Andrew Cuomo NYS Attorney General at 3:10 PM on William Collins Legal Record Supervisor NYS-OAG
Office of the Attorney General

The Capitol
Albany , NY 12224-0341
For NYS Board of Elections 44 Steuben Street, at 3:20 PM on Paul Collins, staff attorney for the state BOE
Kimberly A. Galvin, Esq. Special Counsel for

The New York State Board of Elections,
Deputy Director Todd D. Valentine ,
Deputy Director Stanley Zalen,
NYS BOARD OF ELECTIONS
40 STEUBEN STREET
ALBANY, NY 12207-2108
/s/
H. William Van Allen

351 North Road
Hurley, NY
12443
http://us.mg2.mail.yahoo.com/dc/launch?.gx=1&.rand=bda968rm2bee5 1/5/2011
Print Page 2 of 2
From: Chris topher Strunk [mailto: cestrunck@yahoo.com ]

Sent: Tuesday, December 02, 2008 8:10 PM
To: BILLVANALLEN
Subject: Personal Service of the NYSSC 29641-08 Art 78 Petition and NYSSC 29642-08 Summons and Complaint
As per your efforst on December 1, 2008 please confirm by retunring this email for you effort to
Personally Serve the NYS Secretary of State, NYS BOE, and NYSAG Andrew Cuomo with a package
each of:
the Article 78 action 29641-08 Notice of Peition and Verified Petition with exhibit A
and
The Summons and Verified Complaint in NYSSC County of Kings 29642-08.
Chris Strunk
http://us.mg2.mail.yahoo.com/dc/launch?.gx=1&.rand=bda968rm2bee5 1/5/2011
Exhibit B
“ORDER with CPLR §304 done by Plaintiff Express Mail”
sP&#if&/6''&4';-
At IAS Part /' of tbe Supreme
Court of the State of New York
Held in and for the County of
Kings, at the courthouse at
360 Adsms Street on the 3 3 ''
Day of October 2008
PRESENT: ~ 0 " .3 ~ d SAM/&

1
Justice of the Supreme Court
Christopher Earl Strunk, Index No.: 4 - 0&)

27~;
Petitioner,
-against- ORDER TO SHOW CAUSE

WIT11 TRO
David A. Paterson (NYS Governor), Andrew Cuomo IN THE CPLR ARTICLE 78
(NYS Attorney General), Dean Skelos (President pro CIVIL ACTION
Tempore of the NYS Senate and in line to succeed the
governor),Thomas P. QiNapoli (NYS Comptroller), and
Lorraine A. Cortez-Vazquez (Secretary of the State of
New York),
Respondents.
Upon reading and filing the affidavit of Christopher Earl Strunk affirmed to on the 28Ih
day of October 2008, and upon the exhibits, verified petition and verified complaint attached to
the affidavit, and memorandum of law under jurisdiction of the CPLR Article 78 in conjunction
with the New York State Election Law Article 5 16-100 in which Election Law Article 12 applies
from before the November 4,2008 General Election thru December 25,2008 for emergency
equity relief, as a matter of state of New York Constitutional Law.

-jpie,@ P / ! C / , C ~ -
Let the respondents or their attorney show cause at the IAS Part / ,Room
d+'l ,of this Court, to be held at the Courthouse, 360 Adams Street, Brooklyn, New York, on
9 the 3day of hl 0 V - ,2008. at q.":Joo'clock in the f i < r noon or as soon
as counsel may be heard why an Order should not be made affecting the Electoral College,
M N G COUNW
~ CLERK
FEEPDS4680
a. of Governoi Paterson to resign as elector and stay operation of EL $12-102 until
directed otherwise by the Court, as he is now in conflict of interest with the State;
b. of the Comptroller DiNapoli to resign as elector and stay operation of EL $12- 1 10
until directed otherwise by the Court, as he is in conflict of interest with the State;
c. of the Attorney General Cuomo to resign as elector to be able to act in his State
constitutional responsibility and that he is now in conflict with State interest and is
stayed from krther involvement in this matter until directed otherwise by the Court,.
d. of the President pro tempore, Senator Skelos, to resign as elector, and who must carry
out the duties of the Lieutenant Governor vacancy until after the election pending the
January 1,2009 oath of a new Lieutenant Governor;
e. of the Secretary of State to stay operation of EL 5 12-102 and EL 12-1 10 until

directed otherwise by the Court,
f. the New York State Board of Elections to strike from the ballot any winner-take-all
..-.-
'4.~'
C . .
candidate elector slate with one or more public officers therein;
g. And for further and different relief as the Court may deem necessary herein.
As it is alleged that no public officer shall hold more than one public officer position for
compensation under the State Constitution; and that were an Electoral College candidate to be
elected at the November 4, 2008 General Election under Election Law Article 12 while already
being a public officer for compensation, would thereafter also by the operation of EL Article 12
participate as the authority with responsibility to both certify and or be a beneficiary of public
H policy and or funds.
\ Pending the hearing of this motion it is ORDERED that Respo&are to notify the
Assembly and
vacancies in the various presidential

J
elector candidate slate's certified by September 4, 2008 to appear on the Novemb
4 P
General Election ballot statewide for elect' g a winner-take-all slate that may e disqualified by
this Court; and fbrther,
e affecting the Electoral College,

C3 u &#(6~'-7-
- Sufficient cause appearing therefore, let p e m d - s m i c e of this order, and the papers
<
upon which this order is granted, upon the respondents David A. Paterson, Andrew Cuomo,
Dean Skelos, Thomas P. DiNapoli, Lorraine A. Cortez-Vazquez, and public officers: Sheldon
Silver, Malcom Smith, Hakeem Jeffries, Christine Quinn, William Thompson, Jim Tedisco,
r d 4fld 4%1"/4'~~2& ,
& i
-
Dean Skelos, and of the New York State Board of Elections'bn or before the 3 day of
October, 2008 be deemed good and sufficient. An affidavit or other proof of service shall be
presented to this Court on the return date directed in the second paragraph of this order.
Exhibit C
“double captioned proof of service ordered with CPLR §304 done by Plaintiff
Express Mail marked for 29642-08”
COUNTY OF KINGS
X
~hristopherEarl Strunk, Index No.: 29641 / 08
Petitioner,
-against- .
Y S Attorney General), Dean Skelos (President ro
empore of the NYS Senate and in line to succee the
Governor), Thomas P. D~Napoli(NYS Comptroller), and
B
New York),
Respondents.

COUNTY OF KINGS
p.., ......
.'\
i
Christopher Earl Strunk, Index No.: 29642 1 08
Plaintiff,
David A. Paterson (NYS Governor ,Andrew Cuomo

K
J.
S Attorney General) Thomas DtXa oli
S Compholler) sheidon SilverPS gpeakcr of
the Assembl ), ~ a l c o mSmith
yw
Hakeern ~ef&es(NYS Assemb yman Senator)9for the 57' AD),
Tedisco (& e
Christine Quinn (NYC S eaker of the Council),
William Thom son (NY Comptroller),
S Assemblyman), Dean Skelos
President pro tempore of the NYS Senate) in their
fficial Ca acities and individually, the Democrat
!
Candidate residential Electors as a class, in their official
fr
of lect~onsand John Does and Jane Does
Defendants.
STATE OF NEW YORK )

) ss.
COUNTY OF KINGS )
Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under penalty of perjury:
a. That pursuant to the order issued October 30,2008 by the Honorable Justice David I.
Schmidt for expedited service of the Order to Show cause and associated supporting papers in the
referenced cases listed in the caption above, affirmant was ordered to let o v d g h t service of this
order, and the papers upon which this order is granted, upon David A. Paterson, Andrew Cuomo,
Dean Skelos, Thomas P. DiNapoli, Lorraine A. Cortez-Vazquez, and public officers: Sheldon
Silver, Malcom Smith, Hakeem Jeffiies, Christine Quim, William Thompson, Jim Tedisco, Dean
Skelos, and of the New York State Board of Elections.
b. That on October 30,2008, I assembled and placed a true and correct conformed copy of:
(i) the Order to Show Cause with supporting papers issued October 30,2008; (ii) the Notice of
Petition and Verified Petition af3kmed October 27,2008; (iii) the Summons and Verified Complaint
with index 29642-08 afhned 10127108; (iv) the Request for Judicial intervention for each of Index
29641-08 and Index 29642-08 purchased 10129108; to each of the following individuals:
1. David A. Paterson (NYS Governor), The Capitol Albany New York 12224
2. Andrew Cuomo (NYS Attorney General), The Capitol Albany New York 12224
3. Thomas P. DiNapoli (NYS Comptroller), 110 State Street Albany NY 12236
4. Lorraine A. Cortez-Vazquez (Secretary of the State of New York), One Commerce Plaza 99
Washington Avenue Albany NY 12231-0001
5. Sheldon Silver (NYS Speaker of the Assembly), The Capitol Albany New York 12224
6. Malcom Smith (NYS Senator), The Capitol Albany New York 12224
7. Hakeem JefKies (NYS Assemblyman for the 57h AD), The Capitol Albany New York 12224
8. Christine Quim (NYC Speaker of the Council), 440 West 24" Street, Apt 2A, New York NY
10011
9. Urilliarn Thompson (NYC Comptroller), One Centre Street New York NY 10007
10. Jim Tedisco (NYS Assemblyman), 1710 Guilderland Avenue Schenectady NY 12306 P./ 2
9
D / Y m&((
11. Dean Skelos (President pro tempore of the NYS Senate) The Capital Room 501 Albany New
York 12224
12. The New York State Board of Elections, 40 Steuben Street Albany, New York 12207-2109 i
wk?- 1
with a complete package to each deposited with the United States Postal Service in a Express Mail AMb I
dd I
envelope with properly addressed with postage to be delivered by USPS Emergency Mail Service. lu dtC
9
/
Sworn to before me
This,& day of November 2008
MAITHEWS HUGGINS
Notary Public, State of New YO&
No. 01HU6103403
Comrnisrioa Expires Dec. 29,201
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COUNTY OF KINGS
X
Christopher Earl Strunk, Index No.: 29641 108
Petitioner,
-against-
(NYS Attorney General), Dean Skelos (President pro
tempore of the NYS Senate and in line to succeed the
Governor), Thomas P. DiNapoli (NYS Comptroller), and
New York),
Respondents.
---- -
-me-
---
-
X

comm OF KINGS
.-
Christopher Earl Strunk, Index No.: 29642 108
Plaintiff,
David A. Paterson (NYS Governor ,Andrew Cuomo

F S Comptroller), ~heldonSilver
J
S Attorney General) Thomas . DtNa oli
S gpeaker of
the Assembl ), Malwin Smith fNY g n a t o r ) ,
Hakeem lefXles (NYS Assemb yman for the 57& AD),
Christine Quinn (NYC S eaker of the Council),
William Thorn son (NY8 Comptroller),
'disco & S Assemblyman), Dean Skelos
President pro tempore of the NYS Senate) in their
ficial Ca acities and individually, the Democrat
6
Candidate residential Electors as a class, in their official
!$
of lcctions and John Does and Jane Does
Defendants.
COPIES OF USPS EXPRESS MAIL RECEIPTS

A
Dated:
Novernber
n !
,' \,
s7:uIHIT SZAON8002_\ [ ) 593 Vanderbilt Avenue #28 1,
Brooklyn, New York 1 1238.
Exhibit D
“January 13, 2011 Affidavit of H. William Van Allen affirmed for Proof of
Service done on December 1, 2008”
SUPTtEME COURT OF TWE STATE OF NEW YORK.
COUNTY OF KINGS
--------------------------.-- X

Plaintiff,
-against-
Defendants.
STATE OF NEW YORK )

) ss.
COUNTY OF ULSTER )

b. My place of business is located at 35 E North Road Hzlrley New York 12443.
c. On November 30,2008, Christopher Strunk gave me instructions to personally serve three (3)
copies of Summons and Verified Complaint affirmed 10128108 with exhibits annexed for the case
Strunk v Paterson et aI. W S County of Kings Supreme Court with index 29642-08, for personal
service upon defendants Andrew Cuomo, Lorraine A. Cortez-Vazquez, and NYS Board of
Elections.
d. On Monday, December 1,2008, J personally served a complete set upon:
1. At 3:10 PM. - I personally served Andrew Cuomo at his place of business The Capitol Albany
New York 12224 received by Wiffiam Collins Legal Record Supervisor NYS-OAG who
accepted service.
2. At 3:00 PM - I personally served Lomine A. Cortez-Vazquez at her place of business at One

Commerce Plaza 99 Washington Avenue Albany NY 12231-000 1 received by Gary Trechel,
Associate Am, NYS DoS.
3. At 3:20 PM - I personally served The New York State Board of Elections, c/o of Kimberly A.
Galvin, Esq. at 40 Steuben Street Albany, New York 12207-2109 received by Paul Collins staff
attorney for the State BQE.
e. On Tuesday, December 4,2008, Affirmant notified pl
Sworn to before me
day of January 201 1
.,.k.. ,>..
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Notary Public :
JUbfTHS. MAYHOH
NOTARY PUBLIC, STATE OF F
INY
m K
NO 01M60S5585
QUALIFIED IN ULSTER C O U m a
WMMISSION EXPIRES JULY 14,20-
Print Page 1 of 2
From: Bill Van Allen @vanallen@hvc.rr.com)

To: cestrunck@yahoo.com;
Date: Tue, December 2,2008 8:12:34 PM
Cc:
Subject: RE:Personal Service of the W S S C 29641-08 Art 78 Petition and NYSSC 29642-08 Summons
and Complaint
Under penalty ofpejury, I make the following declaration of proof of personal sewice.
On Dec 1 in Albany NY 1 setvice one copy of each Strunk state supreme court case - one Article 78 petition and
Notice of Petition as wet1 as one copy of Summons and Complaint as follows:
on staff counsel at 3PM

for
Lorraine A. Codes-Vazauez, Secrehrv of State New York Department ...
Department of State
One Commerce Plaza ,
99 Washington Avenue
Albany , NY 12231-0001
Phone: (518) 474-4752
Fax: (5 18 ) 474-4597
For Andrew Cuomo NYS Attorney General at 3:10 PM on William Collins Legal Rcord Supervisor NYS-OAG
m c e of the Attorney General

The Capitol
Albany ,NY 12224-0341
For NYS Board of Elections44 Steuben Street, at 320 PM on Paul Collins, staff attorney for the state BOE
Kimberly A. Galvin, Esq. Special Counsel for

The New York State Board of Elections,
Deputy Director Todd D.Valentine,
Deputy Director Stanley Zalen,
NYS BOARD OF ELECTIONS
40 STEUBEN STREET
351 North Road

Hurley, NY
12443
From: Chris topher Strunk [ r n a i ~ ~ n c k @ y a h o o . c o m ]

Sent: Tuesday, December 02,2008 8:10 PM
To: BILLVANAUEN
f the N Y S X 2964148 Art 78 Petitjon and NYSSC 2964248 Summons and Gomplaint
S u b j m Personal Senrice o
As per your efforst on December 1,2008 please GO- by relamkg this email for you effort to
Print Page 2 of 2
Personally Serve the NYS Secretary of State, NYS BOE, and NYSAG Andrew Cuomo with a package
each of:
the Article 78 action 29641-08 Notice of Peition and Verified Petition with exhibit A
and
The Summons and Verified Complaint in NYSSC County of Kings 29642-08.
Chris Strunk
Exhibit E
“Decision and ORDER of 29641-08 Article 78 Petition, Original Disposition
of Law in the matter of first impression as to Public Offices for payment”
DEC-4-2008 05340P FR0N:HON GERRLD HELD 7186437845
At an IAS Term, Special Election Part of the

Supreme Court of the State of New York, held in
and for the County of Kings,at the Courthouse, at
Civic Center, Brooklyn, New York, on the 4* day of
December, 2008.
PRESENT:
WON.DAVID I. SCHMIDT
Justice.
...................................... -X
Index No. 29641108

Petitioner,
DAVIDA. PATERSON(NYS GOVERNOR),

ANDREW CUOMO O\JYSATTORNEY~ ~ ) ,
DEANSKELOS (PRESIDENT PROTEMPORE OF THE
NYS SENATEAND IN LINE TO SUCCEED THE GOVERNOR),
THOMAS P. DINAPOLIO\JYSCOMPTROLLER), AND
LORRAINEA. CORTEZ-VAZQUEZ (SECRETARY OF THE
STATEOF NEWYORK),
Respondents.
s:
Pa~ersNumbered
Notice of MotionIOrder to Show Cause1
PetitionJCrossMotion and
Affidavits (mrmations) Annexed 1-3
Opposing Affidavits (Affirmations)
Reply Affidavits (Affirmations)
Affidavit (Affirmation)
Other Papers
DEC-4-2008 05:40P Ff?UM:HON GERRLD HELD 7186437845
Upon the foregoing papers, pro se petitioner Christopher Earl Strunk (petitioner)
moves, by order to show cause, dated October 30, 2008, for an order, pursuant to CPLR
Article 78, prohibiting respondents New York State Governor David A. Paterson, New York
State Attorney General Andrew Cuomo, New York State Senate President Pro Tempore
Dean Skelos andNew York State Comptroller Thomas P. DiNapoli from serving as electors
of president and vice president of the United States' pursuant to Election Law 4 12-100.
Background
Petitioner has annexed a verified petition dated October 27,2008 (bearing index
number 29641108) and verified complaint dated October 27,2008 (bearing index number
29642108) to the order to show cause herein. The gravamen of the allegations set forth in
both the petition and complaint challenge the 2008 New York Presidential Electoral
College. In this regard, petitioner specifically alleges that the respondents New York
State Governor David A. Paterson, New York State Attorney General Andrew Cuomo,
New York State Comptroller Thomas P. DiNapoli and New York State Senate President
Pro Tempore Dean Skelos, who were among the designated electors of President and
Vice President2 chosen in the general election on November 4,2008, violate the New
Petitioner acknowledges in paragraph 4 of his verified petition that respondent New

I
York State Secretary of State Lorraine A. Cortez-Vazquez is "not an elector candidate . . ."
The offices of President and Vice President of the United States, under our
constitutional form of government, are chosen by electors selected by the voters in each State
(U.S. Const., art. 11, 5 1; see N.Y. Const., art. II,5 9). A review of the Election Law reflects this
indirect system of voting for President and Vice President, wherein the provisions consistently
refer to the electors of president and vice president as the offices being chosen by the electorate
of this State (Election Law 6 6-102; see MafferofMahoney v Lomenzo, 21 AD2d 971 [1964],
a m 1 4 NY2d 952 [ I 9641).
DEC-4-2008 05:41P FR0M:HON CERRLD HELD 7186437845
York State Constitution by simultaneously holding two public officer positions and
receiving compensation for both. It is petitioner's contention that the New York State
Constitution bars the designated respondents fiom holding more than one public officer
position for which he or she receives compensation. Additionally, petitioner argues that
respondents, as duly elected public officials, all have a direct and substantive conflict of
interest in also serving as electors in that "each are required to certify and or participate in
their corporate duties in defending themselves and or approving their certification for
employment as an elector and certification for payment of compensation and expenses"
(Strunk Affidavit at 3,7 7). The October 30,2008 order to show cause therefore seeks a
temporary restraining order and a preliminary injunction directing those respondents with
more than one public officer position to resign as an elector.
Discussion
Petitioner raises the issue regarding an alleged conflict of interest (incompatibility)
in respondents' simultaneous holding of two public offices. However, one person may
hold two offices simultaneously unless (a) they are incompatible or (b) a constitutional or
statutory prohibition exists against dual office holding.
It is a well-settled common law rule that a public officer cannot hold two
incompatible offices simultaneously (Matter ofsmith v Dillon, 267 App.Div. 39,43
[19431). This rule seeks to prevent ofices of public trust fiom accumulating in a single
individual. Two ofices are incompatible if one is subordinate to the other or there is an
DEC-4-2008 05:41P FR0H:HON GERQLD HELD
inherent inconsistency between the two offices (see People ex rel. Ryan v Green, 58 NY
295,304-05 [1874]; OfMalleyv Macejka, 44 NY2d 530,535 [19781; Matter of Dupras v
County of Clinton, 213 AD2d 952,953 [1995]; Matter of Dykeman v S y m o d , 54 AD2d
159, 162 [1976]; Fauci v Lee, 38 Misc.2d 564,567 [1963], affd.19 ADZd 777 [1963]).
Incompatibility "has been said to exist when there is a built-in right of the holder of one
position to interfere with that of the other . . ." (OfMalley,44 NY2d at 535). Where one
person holds both such posts then "the design that one act as a check on the other would
be frustrated" (id.).
Here, the court has not identified any per se constitutional or statutory prohibition
on an individual simultaneously serving as a public officer while also serving as an
elector of president and vice president. As an initial matter, the court notes that electors
of president and vice president are not classified as "public officers" under New York's
Public Officers Law. Section 2 of the Public Officers Law classifies public officers as
either "state officers" or "local oficers." However local officers include just those
chosen "by the electors of a portion only of the state . . ." thereby making such category
inapplicable herein.
Under the portion of the provision defining "state officer," electors of president
and vice president are expressly excluded from such definition and therefore cannot be
deemed a "public officer" under the statute. Section 2 provides, in pertinent part, that:
DEC-4-2008 05:42P FROM:HON GERALD HELD
"The term 'state officer' includes every officer for whom all
the electors of the state are entitled to vote, members of the
legislature, justices of the supreme court, regents of the
university, and every officer, appointed by one or more state
officers, or by the legislature, and authorized to exercise his
official functions throughout the entire state, or without
limitation to any political subdivision of the state, except
United States senators, members of congress, and electors for
president and vice-president of the United States" (emphasis
added).
Electors of president and vice president are thus specifically excluded from the
state officer definition set forth in the Public Officcrs Law. Hence, the designated
respondents, contrary to petitioner's claims, violate no New York State Constitutional
provision by holding public officer positions while also serving as electors.
The court further concludes that the New York State Constitutional provisions
raised by petitioner do not prohibit the designated respondents fiom holding thcir
respective public offices as well as simultaneously serving as electors even assuming that
electors of president and vice president are public officer positions. In this regard, the
court finds that petitioner's reliance upon Article 111, $7 of the New York State
Constitution as barring the respondents fiom serving as public officers while also serving
as electors of president and vice president is without merit.
Article 111, 5 7, in pertinent part, provides that: "No member of the legislature
shall, during the time for which he or she was elected, receive any civil appointment from
the governor, the governor and the senate, the legislature or froin any city government, to
an ofice which shall have been created, or the emoluments whereof shall have been
DEC-4-2008 85:42P FRMI:HON GERFHD HELD
increased during such time" (emphasis added). Article 111, 8 7 further provides that
acceptance of a permissible appointment thereunder "shall vacate his or her seat in the
legislature" (emphasis added).
This constitutional provision expressly precludes a member of the legislature from
accepting certain appointed as opposed to elected positions. Election Law 4 12-100 '
makes it clear that presidential and vice presidential electors are candidates for office and
therefore elected to said position, not appointed. Consequently, New York State
Constitution Article 111, 6 7 is inapplicable hereinS4
Additionally, the court rejects petitioner's argument that Article XIII, 5 7 of the
Constitution bars respondent public offlcee fiom holding more than one public office for
' Election Law 4 12-100 specifically states as follows:

"At the general election in November preceding the time fixed by
law of the United States for the choice of president and vice
president of the United States, as many electors of president and
vice president of the United States shall be elected, as this state
shall be entitled to. Each vote cast for the candidates of any party
or independent body for president and vice president of the Unitcd
States and each vote cast for m y write-in candidates for such
offices shall be deemed to be cast for the candidates for elector of
such party or independent body or the candidates for elector named
in the certificate of candidacy of such write-in candidates."
' The section remains equally inapplicable even considering the electors as appointed.
Indeed, petitioner has failed to show that m y legislative member serving as an elector herein
gained such position by receiving a "civil appointment fiom the governor, the governor and the
senate, the legislature or from any city government . . ." In addition, petitioner has failed to show
that the position of presidential and vice presidential elector constitutes, as specified in the
section, "an office which shall have been created, or the emoluments whereof shall have been
increased during [the time for which he or she was elected]." The constitutional section in all
respects therefore has no application herein.
DEC-4-2008 85:42P FR0N:HON GERRLD HELD 7186437845
which he receives compensation. Article MII, 7, entitled "Compensation of officers,"
provides as follows:
Each of the state officers named in this constitution shall,

during his or her continuance in office, receive a
compensation, to be fixed by law, which shall not be
increased or diminished during the term for which he or she
shall have been elected or appointed; nor shall he or she
receive to his or her use any fees or perquisites of office or
other compensation.
This constitutional provision governing compensation for state officers and
legislative members prohibits an officer from receiving extra (increased) compensation
beyond his or her regular salary for performing their duties as said officer, and further
bars any decrease in salary during his or her current term of office. This provision does
not expressly forbid a public officer from receiving additional compensation attributable
to simultaneously holding another public office. Clearly, petitioner has failed to establish
that there is any constitutional prohibition against respondents holding their respective
public offices as well as simultaneously serving as electors of president and vice
president. Accordingly, it is
ORDERED that the order to show cause is denied, and the petition is hereby
dismissed.
The foregoing constitutes the decision and order of the court.

hp officejet 7130 Fax-History Report for
printer/fax/scanner/copier Carl Person
2 12-307-0247
Dec 04 2008 4:56pm
Last Transaction
Time Identification Duration Pages Result
Dec 4 4:51pm Received 718M37845 253 8 OK
COUNTY OF KINGS
--------------------------------------------------------------------------- x
ChristopherEarl Strunk, Index No.: 29642/08
Plaintiff,
-against-
Defendants.
------------------------------------------------------------------------- x
STATE OF NEW YORK )

) ss.
COUNTY OF ULSTER )
c. On February 20, 2011, Christopher Strunk gave me four (4) copies each of the NOTICE OF
MOTION FOR LEAVE TO FILE PROOF OF SERVICE NUNC PRO TUNC TO
REARGUE THE REQUEST FOR LEAVE TO FILE THE FIRST AMENDED
SUMMONS AND COMPLAINT with affidavit in support affirmed 02118111, with five
exhibits annexed thereto for service by USPS mail upon parties to the action.
d. On Tuesday, February 22, 2011, Affirmant placed a complete set in a properly addressed

40 Steuben Street. Albany , NY , 12207 Albany, New York 12224
RUTH NOEMI COLON Acting Secretary of ERIC SCHNEIDERMAN

120 BROADWAY -
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Sworn to before me /
This day of February 2011
N !aryPublic
JUDtTH S.MA¥HON
NOTARY PUBLIC.$TATEOfNEw YORK
NO,01MA6095585
QUALIFIED IN ULSTER COUNTY i
COMMISSION EXPIRES JULY 14. 20_' _'1_
---------------------------------------------------------------------------x
Plaintiff,
-against-
Defendants.
-------------------------------------------------------------------------x
• Notice of Motion for Leave to File Proof Of Service NUNC PRO TUNC
• Affidavit in Support of Motion for Leave to File Proof of Service Nunc Pro Tunc
• Exhibit A: Server Email confirming personal service December 2, 2008
• Exhibit B: Order to serve by Express Mail October 30, 2008
• Exhibit C: Express Mail Proof of Service Affirmed November 3, 2008
• Exhibit D: Affidavit proof of personal service January 13, 2011
• Exhibit E: Decision and ORDER dismissing 29641-08
• Affidavit of Service
Dated: February _______, 2011

Brooklyn New York _______________________________
Christopher-Earl; Strunk in esse Plaintiff
(845) 901-6767; chris@strunk.ws
Exhibit 3
“Plaintiff memorialized recollection of the January 11, 2011 hearing that was
duly served upon attendees and the Court with sub-exhibits A through C”
Strunk v. Paterson et al. 29642-08
AFFIDAVIT OF Christopher-Earl: Strunk in esse, Plaintiff Witness

at the January 11, 2011 Hearing on the Notice of Motion for Amended
Complaint in Strunk v Paterson et al. New York State Supreme Court
Kings County Index No.: 29642-08
Present:
The Honorable Supreme Court Justice David I. Schmidt

Part 47 Court Room 521
360 Adams Street
Brooklyn New York 11201
Joan Duffy, Esq. Supervising Assistant Attorney General

for the New York Attorney General’s Office
Joel Graber, Esq. Special Assistant Attorney General
120 BROADWAY -
NEW YORK, New York 10271
Representing the State of New York as an interested party
Christopher-Earl Strunk in esse

Self-represented Plaintiff w/o an attorney
Brooklyn New York 11238
STATE OF NEW YORK )

) ss.
COUNTY OF KINGS )
Accordingly, I, Christopher-Earl: Strunk in esse, being duly sworn, depose and say
under penalty of perjury:
1. This is the AFFIDAVIT OF Christopher-Earl: Strunk in esse, Witness at the
January 11, 2011 Hearing on the Notice of Motion for Amended Complaint in
Strunk v Paterson et al. New York State Supreme Court of Kings County Index No.:
29642-08 before the Honorable Supreme Court Justice David I. Schmidt with the
appearance of Joan Duffy, Esq. Supervising Assistant Attorney General for the New
York Attorney General’s Office and Joel Graber, Esq. Special Assistant Attorney
Strunk Affidavit Page 1 of 6

General representing the State of New York as a party-in-interest opposing the
Motion to Amend the Complaint.
2. After the Court called those in attendance including several law clerks and
the audience to order, the Honorable Justice Schmidt questioned Plaintiff as to the
subject request for relief to amend the complaint and status of the underlying
complaint without there being a recording or transcript of the proceeding.
3. As to the proposed amended complaint, the Court asked whether Plaintiff
expects the Court to remove Barack Hussein Obama from office; to wit Plaintiff
responded “NO” as that remains a Federal matter. Plaintiff seeks a declaratory
judgment as to breach of fiduciary duty by the Defendants failure to provide equal
treatment and protection of Plaintiff along with those similarly situated in regards
to the certification of the Presidential / Vice Presidential candidates ballot access at
the 2008 Election cycle; and as well as plaintiff seeks further discovery as to the
scheme to defraud and unjust enrichment.
4. That Plaintiff stated the NYS Board of Elections never responded to the
request for documentation of the various certifications of ballot access for the
various Presidential and Vice Presidential candidates; and as previously expressed
to the Court Plaintiff had filed in Washington DC a FOIA case 08-cv-2234 for the
travel records of Stanley Ann Dunham germane herein with a motion for summary
judgment decision pending before Judge Richard J. Leon.
5. The Court asked if Plaintiff is seeking to obtain a copy of Barack Hussein
Obama Jr.’s (BHO Jr.) Certified Birth record herein; to wit Plaintiff responded
"NO". Plaintiff seeks a decision by the Court as to whether or not the Candidate(s)
are eligible for Office of President of the United States (POTUS) as required with

the United States Constitution Article 2 Section 1 Clause 5 as required as a
regulation by the New York State Board of Elections including inter alia based upon
the Certificate of Live Birth published August 21, 2008 by Annenberg Political Fact
Check at FactCheck.org http://www.factcheck.org/elections-
2008/born_in_the_usa.html (see Exhibit A); and that as a prima facie matter
Plaintiff seeks a Court decision herein as to whether or not Obama in fact has Dual
Allegiance, is not a Natural Born Citizen per se but merely a Native-Born citizen if
that; because BHO Jr.’s father, BHO Sr., is a British subject with a student visa at
that time, and is shown to be the purported father of BHO Jr. by both the
newspaper announcement and the COLB shown by Fact Check.org; and therefore,
at best BHO Jr. is only a "Native" born citizen, if that, with only one U.S. Citizen
parent mother as a minor at his birth, and that without two U.S. Citizen parents -
BHO Jr. is NOT a "Natural" born citizen at best is “Native” born.
6. The Court asked to know Plaintiff's understanding of the difference between
"Native" and "Natural" born citizen, to wit Plaintiff explained on a blood and soil
basis as of the Law of Nations as related to the 1961, 1963 and 1969 Vienna
Convention Treaty matters as to citizenship status as with the children of diplomats
and tourists who were not certified admitted by the U.S. Customs Service; and
7. Plaintiff provided the Court with a copy of the SCOTUS decision in
McCreery's Lessee v Somerville 22 US 354 (1824) (see Exhibit B), and
8. That the Court responded favorably to Plaintiff’s argument and contention
expressing familiarity with the difference between the Natural and Native born, as
there is within Jewish law similar precedent and commented that the Court agreed
there is a difference and would read the SCOTUS decision Plaintiff provided.

9. The Court then asked Mr. Graber to respond; to wit Mr. Graber and Ms.
Duffy were in appearance without representing any specific defendant herein, that
the State contends that based upon the record filed to date Defendants were not
served back in 2008, that Plaintiff has failed to file a default motion as to
defendants within one year, and that the State opposes the Motion for Amended
Complaint to add twenty-four defendants with CPLR 305 that Mr. Graber
especially finds the proposed addition of Zbigniew Brzezinski frivolous.
10. To wit Plaintiff responded first to the proposed addition of Zbigniew
Brzezinski as a necessary party based upon the involvement of Zbigniew Brzezinski
and his sons Ian and Mark early-on to run both the McCain and Obama campaigns
and that Plaintiff contends such involvement is about Zbigniew Brzezinski’s
fixation with Afghanistan going back to 1978; and that Zbigniew Brzezinski nor
anyone is above the law;
11. That Plaintiff explained that had he known that McCain like BHO Jr. was
also not a Natural-born citizen he would not have voted for McCain / Palin and as
there was already a question of eligibility with BHO Jr. as a result of the NYS SOS
and NYS BOE breach of fiduciary duty that a pattern of malice is shown as
to Defendant NYS BOE placing Roger Calero of the Socialist Worker’s Party onto
the ballot, when in fact is a Nicaraguan born and to date is not even a naturalized
citizen should have been kicked off the ballot as done in New Jersey and California;
but to the contrary all were included by NYS BOE Defendants'
malicious maladministration of the law and regulations.

12. Further, to wit Plaintiff responded in the matter of service of Defendants,
assuring that Defendants were served in 2008 by a third party; however, Plaintiff
would recheck and verify for the Court and update the record.
13. That the Court asked why Plaintiff does not just go ahead and file a new case
rather than try to amend the 2008 case; to wit, Plaintiff based upon information and
belief expressed concern the statutory time that has passed since the 2008 Election
requires Plaintiff standing depend upon amending the case rather than filing a new
one.
14. Further, the Court asked Plaintiff [in regards to the underlying complaint] if
Plaintiff believes there is a civil action for sedition, treason and or conspiracy as
alleged; to wit Plaintiff responded by saying he did not know if a Civil action for
Sedition, Treason, and or conspiracy exists; but that under the New York State civil
rights law there is a cause of action much like 42 USC §1983, and that Plaintiff
emphasized that injuries were caused by Sedition, Treason, conspiracy as well as
fraud as willful failure of the BOE and Secretary of State to provide equal
treatment of ballot certification terms for BHO Jr., McCain and Calero injuring
Plaintiff along with those similarly situated.
15. To wit, the Court held there is no state civil action for sedition, treason and
or conspiracy notwithstanding whether or not Plaintiff’s wording of injury were
intended, is vague.
16. That the Court found that there were so many procedural questions that
would otherwise end up in Appellate Court anyway in that the best way to expedite
the matter of importance requires Plaintiff to proceed as quickly as possible and
therefore entered an order (see Exhibit C):

Slrunk v. Paterson et al. 2964248
T h e motion for leave having come on to be heard, and the Court having
heard plaintiff in support thereof, and the Attorney General's Office in
opposition thereto, NOW,it is hereby ORDERED, that the motion is denied
in entirety."
17.That the foregoing is Affirmant's best recollection of the hearing as true and
substantively complete, notwithstanding additional ancillary matters discussed,
and absent a tFansrript of the hearing accordingly wishes by due service upon the
Court &d appearing parties without timely objection, that this affidavitbe duly
admitted by the Court as part of the permanent record for use after entry of the
order shown as Exhibit C.
Sworn to behre me
This ,& day of January 2011
A
MA~HEWSHUGGINS
Notary Public, State of New Y O I ~
No. 01HU6103403
.. Qualified in Kings County
" ~ m m i s s i a nExpires Dec.
_ I
. _
.. / . .
,

AFFIDAVIT OF Christopher-Earl: Strunk in esse,
Plaintiff Witness at the January 11, 2011 Hearing on the Notice of
Motion for Amended Complaint in
Strunk v Paterson et al. New York State Supreme Court Kings
County Index No.: 29642-08
Exhibit A
FactCheck.org: Born in the U.S.A. Page 1 of 7
Born in the U.S.A.

August 21, 2008
Updated: November 1, 2008
The truth about Obama's birth certificate.
Summary
In June, the Obama campaign released a digitally scanned image of his birth
certificate to quell speculative charges that he might not be a natural-born
citizen. But the image prompted more blog-based skepticism about the
document's authenticity. And recently, author Jerome Corsi, whose book
attacks Obama, said in a TV interview that the birth certificate the campaign
has is "fake."
We beg to differ. FactCheck.org staffers have now seen, touched, examined

and photographed the original birth certificate. We conclude that it meets all
of the requirements from the State Department for proving U.S. citizenship.
Claims that the document lacks a raised seal or a signature are false. We
have posted high-resolution photographs of the document as "supporting
documents" to this article. Our conclusion: Obama was born in the U.S.A. just
as he has always said.
Update, Nov. 1: The director of Hawaii’s Department of Health confirmed Oct.

31 that Obama was born in Honolulu.
Analysis
Update Nov. 1: The Associated Press quoted Chiyome Fukino as saying that
both she and the registrar of vital statistics, Alvin Onaka, have personally
verified that the health department holds Obama's original birth certificate.
Fukino also was quoted by several other news organizations. The Honolulu
Advertiser quoted Fukino as saying the agency had been bombarded by
requests, and that the registrar of statistics had even been called in at home
in the middle of the night.
Honolulu Advertiser, Nov. 1 2008: "This has gotten ridiculous," state

health director Dr. Chiyome Fukino said yesterday. "There are plenty of
other, important things to focus on, like the economy, taxes, energy." . . .
Will this be enough to quiet the doubters? "I hope so," Fukino said. "We
need to get some work done."
Fukino said she has “personally seen and verified that the Hawaii State
Department of Health has Sen. Obama’s original birth certificate on record in
accordance with state policies and procedures."
Since we first wrote about Obama's birth certificate on June 16, speculation
http://www.factcheck.org/elections-2008/print_born_in_the_usa.html 1/14/2011
on his citizenship has continued apace. Some claim that Obama posted a
fake birth certificate to his Web page. That charge leaped from the
blogosphere to the mainstream media earlier this week when Jerome Corsi,
author of a book attacking Obama, repeated the claim in an Aug. 15
interview with Steve Doocy on Fox News.
Corsi: Well, what would be really helpful is if Senator Obama would

release primary documents like his birth certificate. The campaign has a
false, fake birth certificate posted on their website. How is anybody
supposed to really piece together his life?
Doocy: What do you mean they have a "false birth certificate" on their
Web site?
Corsi: The original birth certificate of Obama has never been released,
and the campaign refuses to release it.
Doocy: Well, couldn't it just be a State of Hawaii-produced duplicate?
Corsi: No, it's a -- there's been good analysis of it on the Internet, and
it's been shown to have watermarks from Photoshop. It's a fake
document that's on the Web site right now, and the original birth
certificate the campaign refuses to produce.
Corsi isn't the only skeptic claiming that the document is a forgery. Among
the most frequent objections we saw on forums, blogs and e-mails are:
z The birth certificate doesn't have a raised seal.

z It isn't signed.
z No creases from folding are evident in the scanned version.
z In the zoomed-in view, there's a strange halo around the letters.
z The certificate number is blacked out.
z The date bleeding through from the back seems to say "2007," but the
document wasn't released until 2008.
z The document is a "certification of birth," not a "certificate of birth."
Recently FactCheck representatives got a chance to spend some time with

the birth certificate, and we can attest to the fact that it is real and three-
dimensional and resides at the Obama headquarters in Chicago. We can
assure readers that the certificate does bear a raised seal, and that it's
stamped on the back by Hawaii state registrar Alvin T. Onaka (who uses a
signature stamp rather than signing individual birth certificates). We even
brought home a few photographs.
The Obama birth certificate, held by FactCheck writer Joe Miller
Alvin T. Onaka's signature stamp
The raised seal
Blowup of text
You can click on the photos to get full-size versions, which haven't been
edited in any way, except that some have been rotated 90 degrees for
viewing purposes.
The certificate has all the elements the State Department requires for
proving citizenship to obtain a U.S. passport: "your full name, the full name of
your parent(s), date and place of birth, sex, date the birth record was filed,
and the seal or other certification of the official custodian of such records."
The names, date and place of birth, and filing date are all evident on the
scanned version, and you can see the seal above.
The document is a "certification of birth," also known as a short-form birth

certificate. The long form is drawn up by the hospital and includes additional
information such as birth weight and parents' hometowns. The short form is
printed by the state and draws from a database with fewer details. The
Hawaii Department of Health's birth record request form does not give the
option to request a photocopy of your long-form birth certificate, but their
short form has enough information to be acceptable to the State Department.
We tried to ask the Hawaii DOH why they only offer the short form, among
other questions, but they have not given a response.
The scan released by the campaign shows halos around the black text,
making it look (to some) as though the text might have been pasted on top of
an image of security paper. But the document itself has no such halos, nor
do the close-up photos we took of it. We conclude that the halo seen in the
image produced by the campaign is a digital artifact from the scanning
process.
We asked the Obama campaign about the date stamp and the blacked-out
certificate number. The certificate is stamped June 2007, because that's
when Hawaii officials produced it for the campaign, which requested that
document and "all the records we could get our hands on" according to
spokesperson Shauna Daly. The campaign didn't release its copy until 2008,
after speculation began to appear on the Internet questioning Obama's
citizenship. The campaign then rushed to release the document, and the
rush is responsible for the blacked-out certificate number. Says Shauna:
"[We] couldn't get someone on the phone in Hawaii to tell us whether the
number represented some secret information, and we erred on the side of
blacking it out. Since then we've found out it's pretty irrelevant for the outside
world." The document we looked at did have a certificate number; it is 151
1961 - 010641.
Blowup of certificate number
Some of the conspiracy theories that have circulated about Obama are quite
imaginative. One conservative blogger suggested that the campaign might
have obtained a valid Hawaii birth certificate, soaked it in solvent, then
reprinted it with Obama's information. Of course, this anonymous blogger
didn't have access to the actual document and presents this as just one
possible "scenario" without any evidence that such a thing actually happened
or is even feasible.
We also note that so far none of those questioning the authenticity of the
document have produced a shred of evidence that the information on it is
incorrect. Instead, some speculate that somehow, maybe, he was born in
another country and doesn't meet the Constitution's requirement that the
president be a "natural-born citizen."
We think our colleagues at PolitiFact.com, who also dug into some of these
loopy theories put it pretty well: "It is possible that Obama conspired his way
to the precipice of the world’s biggest job, involving a vast network of people
and government agencies over decades of lies. Anything’s possible. But step
back and look at the overwhelming evidence to the contrary and your sense
of what’s reasonable has to take over."
In fact, the conspiracy would need to be even deeper than our colleagues
realized. In late July, a researcher looking to dig up dirt on Obama instead
found a birth announcement that had been published in the Honolulu
Advertiser on Sunday, Aug. 13, 1961:
Obama's birth announcement
The announcement was posted by a pro-Hillary Clinton blogger who

grudgingly concluded that Obama "likely" was born Aug. 4, 1961 in Honolulu.
Of course, it's distantly possible that Obama's grandparents may have

planted the announcement just in case their grandson needed to prove his
U.S. citizenship in order to run for president someday. We suggest that those
who choose to go down that path should first equip themselves with a high-
quality tinfoil hat. The evidence is clear: Barack Obama was born in the
U.S.A.
Update, August 26: We received responses to some of our questions from

the Hawaii Department of Health. They couldn't tell us anything about their
security paper, but they did answer another frequently-raised question: why
is Obama's father's race listed as "African"? Kurt Tsue at the DOH told us
that father's race and mother's race are supplied by the parents, and that "we
accept what the parents self identify themselves to be." We consider it
reasonable to believe that Barack Obama, Sr., would have thought of and
reported himself as "African." It's certainly not the slam dunk some readers
have made it out to be.
When we asked about the security borders, which look different from some
other examples of Hawaii certifications of live birth, Kurt said "The borders
are generated each time a certified copy is printed. A citation located on the
bottom left hand corner of the certificate indicates which date the form was
revised." He also confirmed that the information in the short form birth
certificate is sufficient to prove citizenship for "all reasonable purposes."
–by Jess Henig, with Joe Miller
Sources
United States Department of State. "Application for a U.S.
Passport." Accessed 20 Aug. 2008.
State of Hawaii Department of Health. "Request for Certified Copy of

Birth Record." Accessed 20 Aug. 2008.
Hollyfield, Amy. "Obama's Birth Certificate: Final Chapter."

Politifact.com. 27 Jun. 2008.
The Associated Press. "State declares Obama birth certificate

genuine" 31 Oct 2008.
Nakaso, Dan. "Obama's certificate of birth OK, state says; Health

director issues voucher in response to 'ridiculous' barrage"
Honolulu Advertiser 1 Nov 2008.
Copyright © 2003 - 2010, Annenberg Public Policy Center of the University of Pennsylvania
FactCheck.org's staff, not the Annenberg Center, is responsible for this material.
Exhibit B
MCCREERY'S LESSEE V. SOMERVILLE,
22 U. S. 354 (1824) http://supreme.justia.com/us/22/354/case.html
U.S. Supreme Court
McCreery's Lessee v. Somerville, 22 U.S. 9 Wheat. 354 354 (1824)
McCreery's Lessee v. Somerville

22 U.S. (9 Wheat.) 354
ERROR TO THE CIRCUIT
COURT OF MARYLAND
Syllabus
The statute of 11 and 12 William III, c. 6, which is in force in Maryland, removes
the common law disability of claiming title through an alien ancestor, but does not
apply to a living alien ancestor, so as to create a title by heirship, where none
would exist by the common law, if the ancestor were a natural born subject or
citizen. Thus, where A died seized of lands in Maryland, leaving no heirs except
B., a brother, who was an alien, and had never been naturalized as a citizen of
the United States, and three nieces, the daughters of the said B, who were native
citizens of the United States; it was held that they could not claim title by
inheritance through B, their father, he being an alien and still living.
The case agreed stated that William McCreery was seized and possessed of a tract
of land in Baltimore County, in the State of Maryland, called Clover Hill and died
possessed thereof about 1 March, 1814. He had previously executed an instrument
of writing purporting to be his last will and testament, by which he devised the
above tract of land to those under whom the defendant, Somerville, claimed; but it
was witnessed by two persons only, and was therefore inoperative to pass lands in
Maryland, the laws of which require three witnesses to a will for that purpose. W.
McCreery left at his death no children, but a brother, Ralph McCreery, a native
of Ireland, who is still living and who has not been naturalized, and three
nieces, Letitia Barwell, Jane McCreery, and Isabella McCreery, the latter being the
lessor of the plaintiff, who are the daughters of the said Ralph, and native born
citizens of the United States. The devisees under the will applied by petition to
the Legislature of Maryland to confirm the will, and the legislature, accordingly,
without the knowledge or consent of the lessor of the plaintiff, passed an act for
that purpose; saving, nevertheless, the rights of all persons claiming title to the
1
lands devised, by conveyance from any of the heirs of W. McCreery. The action
was brought to recover an undivided third part of Clover Hill.
Upon this case, judgment was rendered by the court below for the defendant, and
the cause was brought by writ of error to this Court.
MR. JUSTICE STORY delivered the opinion of the Court.
The title of the lessor of the plaintiff to recover in this case depends upon the
question whether she can claim as one of the coheirs of her deceased uncle, her
father being an alien and alive at the commencement of the present suit. It is
perfectly clear that at common law her title is invalid, for no person can claim
lands by descent through an alien, since he has no inheritable blood. But the
statute of 11 and 12 Wm. III, ch. 6, is admitted to be in force in Maryland, and that
statute, beyond all controversy, removes the disability of claiming title by
descent, through an alien ancestor. The only point, therefore, is whether the
statute applies to the case of a living alien ancestor, so as to create a title by
heirship where none would exist by the common law, if the ancestor were a
natural born subject.
We have not been able to find any case in England in which this question has been
presented for judicial decision. In the case of Palmer v. Downer, 2 Mass. 179, in
the State of Massachusetts, the facts brought it directly before the court, but it does
not appear to have attracted any particular attention, either from the bar or the
bench. It may then be considered as a question of new impression, and is to be
settled by ascertaining the true construction of the statute of William.
That act is entitled
"An act to enable his Majesty's natural been subjects to inherit the estate of their
ancestors, either lineal or collateral, notwithstanding their father or mother were
aliens."
The title is not unimportant, and manifests an intention merely to remove the
disability of alienage. It proceeds to enact
"That all and every person or persons, being the King's natural born subject or
subjects within any of the King's realms or dominions, should and might,
thereafter, inherit and be inheritable, as heir or heirs, to any honors, &c., lands,
&c., and make their pedigrees and titles, by descent, from any of their ancestors,
lineal or collateral, although the father and mother, or father or mother, or other
2
ancestor, of such person or persons by, from, through, or under whom he, she, or
they should or might make or derive their title or pedigree were or was or should
be born out of the King's allegiance and out of his Majesty's realms and dominions
as freely, fully, and effectually, to all intents and purposes, as if such father and
mother, or father or mother, or other ancestor or ancestors, by, from, through, or
under whom he, she, or they should or might make or derive their title or pedigree,
had been naturalized, or natural born subjects."
In construing this enactment, it ought not to escape observation that the language is
precisely such as Parliament might have used if the intention were confined to the
mere removal of the disability of alienage. It declares that persons might lawfully
inherit and be inheritable as heirs, and make their titles and pedigrees, by descent,
from any of their ancestors, although their parents were born out of the realm;
plainly supposing that they might take as heirs by descent, but for the circumstance
of the alienage of the intermediate ancestors, through whom they must claim. It
speaks of such intermediate ancestors, as persons who were or should be born out
of the realm, and it enables the party to take, as heir, as effectually as if such
ancestors had been natural born subjects. Now this language imports no more
than a removal of the defect, for want of inheritable blood. It does not, in terms,
create a right of heirship, where the common law, independently of alienage,
prohibits it; it puts the party in the same situation, and none other, that he would be
in, if his parents were not aliens. If his parents were natural born subjects, and
capable to take as heirs of the deceased ancestor, it is clear that he could not inherit
by descent through them, as they would intercept the title, as nearer heirs. The only
cases in which he could inherit, living his parents, are those where the common
law has prohibited the parents from taking, although they have inheritable blood.
Such are the cases of a descent from brother to brother, and from a nephew to an
uncle, where the common law has disabled the parents of the deceased brother or
nephew from taking the estate by descent, upon the ground that inheritances cannot
lineally ascend. 2 Bl.Comm. 208, 212, and Christian's Note.
If the legislature had intended, not only to create inheritable blood, but also to
create absolute heirship, some explanatory language would have been used. The
statute would have declared, not only that the party should make title by descent; in
the same manner as if his parents were natural born subjects, but that he should
be deemed the heir, whether his parents were living or dead. No such explanation
is given or hinted at, and if we are to insert it, it is by expounding the language
beyond its obvious meaning and limitations. We do not feel at liberty to adopt this
mode of interpretation in a case where no legislative intention can be fairly inferred
beyond the ordinary import of the words.
3
This construction is not impugned by the explanatory act, afterwards passed in 25
Geo. II, ch. 39. It seems that inconveniences were apprehended, in case persons
should be held by the statute of William, to gain a future capacity to inherit, who
did not exist at the death of the persons last seized. The statute of Geo. II therefore,
after reciting the act of William, declares, that it shall not be construed to give any
right or title to any persons to inherit as heirs, &c., by enabling any such persons to
claim, or derive their pedigree, through any alien ancestor, unless the persons so
claiming
"were, or shall be, in being, and capable to take the same estate as heir or heirs,
&c., by virtue of the said statute, at the death of the person who shall last die
seized," and to whom they shall claim to be heir or heirs.
Then follows a proviso,
"That in case the person or persons who shall be in being, and capable to take, at
the death of the ancestor, so dying seized, &c., and upon whom the descent shall be
cast, by virtue of this act, or of the said recited act, shall happen to be a daughter
or daughters of an alien, and that the alien father or mother, through whom such
descent shall be derived by such daughter or daughters, shall afterwards have a
son born within any of his Majesty's realms or dominions, the descent, so cast
upon such daughter or daughters, shall be divested in favor of such son, and such
son shall inherit and take the estate, in like manner as is allowed by the common
law of this realm, in cases of the birth of a nearer heir."
Then follows a provision for the case of the subsequent birth of a daughter, who is
enabled to take as a coheir with the other daughters. It has been argued that this
proviso includes the cases of all children born after the descent cast in the lifetime
of their alien parents, and therefore supposes the descent may be cast,
notwithstanding their parents are living. Admitting this to be the true construction
of the proviso, and that it is not restrained to posthumous children, the case of the
plaintiff is not aided by it, for the clause, that the son shall take, in like manner as
is allowed by the common law, in cases of the birth of a nearer heir, shows that
Parliament had in view cases where the children might, at common law, take as
heirs, although their parents were living; and yet the common law divested the title,
so cast by descent, upon the birth of a nearer heir. For instance, if lands are given
to a son, who dies, leaving a sister his heir, if the parents have, at any distance of
time afterwards, another son, the common law divests the descent upon the sister in
favor of such son, and he is entitled to take the estate as heir to his brother. 2
Bl.Comm. 208, Christian's Note, 5 Co.Litt. 11, Doct. & Stud. 11 Dialog. c. 7.
4
We think, then, that this proviso does not shake the construction, already given by
us, to the statute of William. For here the case of after-born children is expressly
provided for, which would otherwise be excluded by the declaratory clause of the
statute, and if it was contemplated that the act of William created a new title, by
heirship, independently of alienage in the parents, beyond the rules of the common
law, the natural presumption is that the declaratory clause would, in some manner,
have expressed that intention. So far from affirming a new title, by heirship, it
asserts that the true construction of that statute excludes all persons who were not
in being at the time of the descent cast, and then "capable to take the estate as heir
or heirs, &c., by virtue of the said statute of William," and we have already seen,
that the terms of that statute give no other capacity than would exist if the parents
were natural born subjects. The exception, then, of after-born children, out of the
declaratory clause of the act of George II, carries no implication that the legislature
was dealing with any other cases except those where, if the alien parents were
living at the time of the descent cast, the children were capable of taking, as heirs
at common law, in their own right, independently of the alienage. Mr. Justice
Blackstone, in his learned Commentaries, 2 Bl.Comm. 251, gives no explanation
of these statutes, which extends them beyond such cases, and his omission to
notice the larger construction, now contended for by the plaintiff, would be
somewhat remarkable if that had been deemed the true interpretation of the
statutes.
In the absence of all authority, we do not feel ourselves at liberty to derogate from
the general doctrine of the common law as to descents, by incorporating into the
statute of William a case which is not within its terms, and is not called for by any
clear legislative policy.
Judgment affirmed with costs.
{Emphasis by Plaintiff)
5
Exhibit C
P R E S E N T
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HON. DAVID I. SCHMi3T
COUNTY OF KINGS

Plaintiff,

Defendants. .
STATE OFNEWYORK ) .
185,
COUNTY.OF KINGS )
a Am over 18 years of age and not a party to this action.

b. My place of business is located at 593 Vanderbilt Avenue Brooklyn New York 11238.
c. On January 18,201 1 ,Christopher Stnmk gave w m e (1) Original and three (3) copies each of
the AFFIDAVIT OF Christopher-Eark Strunk in csse,Plaintiff Witness at the January 11,
2011 Hearing on the Notice of Motion for Amended Cornphiit in Stnuk v P e o n d d
New York State Supreme Court Kings County Index No.: 2%4248 ailinned 1118111, for
service by the United States Postal Service.
do On January 18,2011, I placed a complete set into a properly addressed envelope with proper
postage with "Personal and Confidential" written in the lower left corner and deposited each
with the USPS for mail delivery upon:
The Honorable Justice David I. Schmidt for the New Yo* Attorney General's Office
of the Supreme Court of New York State 120 BROADWAY -
Part 47 Court Room 521 NEW YORK, New York 10271
360 Adams Street
Brooklyn New York 11207 Kimberly A. Galvin, Esq.
New York State Board of Elections
Joan Duffj., Esq. Assistant Attorney General 40 Steuben St.
and Albany ,NY ,12207
Joel Graber, Esq. Assistant Attorney General
.d&&
Sworn to before me
MATTHEWS HUGGINS
No. 01HU6103403
Commission Expires Dec.
Exhibit 4
“Plaintiff’s Summons and Verified Complaint with sub-exhibit A”
COUNTY OF KINGS
------------------------------------------------------------------x
RJI:
Plaintiff,
-against- The County of Kings as the
Place of trial.
(NYS Attorney General), Thomas P. DiNapoli The basis of venue is the
(NYS Comptroller), Sheldon Silver (NYS Speaker of plaintiff’s place for suffrage
Hakeem Jeffries (NYS Assemblyman for the 57th AD),
Jim Tedisco (NYS Assemblyman), Dean Skelos SUMMONS
Candidate Presidential Electors as a class, in their official Plaintiff’s place for suffrage:
Capacity and individually; The New York State Board 593 Vanderbilt Avenue - 281
of Elections and John Does and Jane Does Brooklyn, New York 11238
Defendants.
-------------------------------------------------------------------x
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff Attorney within 20 days after the service of this summons, exclusive
of the day of service (or within 30 days after the service is complete if this summons is not
personally delivered to you within the State of New York); and in case of your failure to appear
or answer, judgment will be taken against you by default for the relief demanded in the
complaint.

October 27, 2008 /s/
____________________________________
Christopher Earl Strunk, plaintiff pro se
(212) 307-4444 E-mail: uncasvotes2@yahoo.com
To: Defendants as follows:
1
[continued on p. 2]
David A. Paterson (NYS Governor),

Andrew Cuomo (NYS Attorney General),
Sheldon Silver (NYS Speaker of the Assembly),
Malcom Smith (NYS Senator),
Jim Tedisco (NYS Assemblyman),
Dean Skelos (President pro tempore of the NYS Senate)
The Capitol
Albany New York
Thomas P. DiNapoli (NYS Comptroller),

Office of the NYS Controller
110 State Street
Albany, NY 12236
The New York State Board of Elections

40 Steuben Street
Albany New York

New York City Council
New York New York

Office of the Comptroller
City of New York
1 Centre Street
New York, NY 10007
Phone: (212) 669-3500
Fax: (212) 669-2707
.
2
COUNTY OF KINGS
-----------------------------------------------------------------------x
Plaintiff, VERIFIED COMPLAINT
-against-

Defendants.
-----------------------------------------------------------------------x
Plaintiff, Christopher Earl Strunk, as and for his Complaint under jurisdiction of New
York State Election Law Article §16-100 over Article 12 for the November 4, 2008 General
Election for emergency equity relief, upon information and belief and at all times hereinafter
mentioned, respectfully alleges of captioned Defendants as follows:

(Breech of State Constitutional bar for any Public Officer to hold more than one public
office for compensation, as against all Public Officer Defendants)
1. Plaintiff Christopher Earl Strunk (“Plaintiff” or “voter”), is a natural born citizen of New
York who was and is a qualified voter registered to vote and participate in the November 4, 2008
general election in the State of New York, and whose principal place for service is located at 593
Complaint Page 1 of 15
Vanderbilt Avenue #281, Brooklyn, New York 11238.
2. That under the New York State Constitution the State of New York Legislature has a winner
take all system of Electoral College with 31 votes for selection of President and Vice President
based upon 29 House seats and two Senators at large.
3. The Defendant class of the New York State Democratic Party Committee Candidates for
Presidential Electoral College from the State of New York for Presidential Candidate Barack
Hussein Obama and Vice Presidential Candidate Joseph Biden (“Democrat Party Elector
Candidates”, “Democrat Party Elector Defendants”) as a class of elector candidates Defendants
certified with the New York State Board of Elections and related local entities under New York
state Election Law (EL) on or about September 24, 2008.
4. There are 31 Candidates listed for the Democratic Party Committee Presidential Elector Slate
to be on the ballot at the General Election November 4, 2008 on statewide a winner-take-all.
5. That on pages 2 thru 8 of 9 pages (see Exhibit A) Democratic Party Elector Candidates are
listed with domicile address under the names of: Velda Jeffrey, June F. O'Neill, Dennis Mehiel,
David A. Paterson, Andrew Cuomo, Thomas P. DiNapoli, Sheldon Silver, Malcom Smith, Maria
Luna, Robert Master, Pamela Green-Perkins, Helen D. Foster, Jon Cooper, Hakeem Jeffries,
Richard Fife, Deborah A. Slott, Terrence Yang, George Arthur, George Gresham, Alan Van
Capelle, Inez Dickens, Suzy Ballantyne, Alan Lubin, Bethaida Gonzalez, Christine Quinn,
William Thompson, Stuart Applebaum, Maritza Davila, Ivan Young, Barbara Fiala, Frank A.
Bolz, III.
6. Upon initial review without cross checking the public record, of the 31 Democratic Party
Elector Candidates listed to be on the ballot on November 4, 2008, shown as Exhibit A on page 2
of 9, no less that 8 names of the 31 are currently serving public officers listed by the names of:
David A. Paterson (NYS Governor), Andrew Cuomo (NYS Attorney General), Sheldon Silver
(NYS Speaker of the Assembly), Malcom Smith (NYS Senator), Hakeem Jeffries (NYS
Assemblyman for the 57th AD) with their place of Business at the Capitol in Albany, Thomas P.
DiNapoli (NYS Comptroller) with his place of business located at the Office of State Controller,
Christine Quinn (NYC Speaker of the Council) with place for business located at the New York
City Council, William Thompson (NYC Comptroller) with place of business located at the
Office of City Controller ; (“Democrat Party Public Officer Defendants”).
7. That Defendant Paterson was the duly elected Lieutenant Governor and President of the NY
Senate until then Governor Spitzer was removed from office and that Lt. Governor Paterson is
now Governor by operation of the State Constitution Article IV.
8. The New York State Republican Party Committee Candidates for Presidential Electoral
College from the State of New York for Presidential Candidate John S. McCain and Vice
Presidential Candidate Sarah Palin (“Republican Party Elector Candidates”, “Republican Elector
Defendants”) as a class of elector candidates Defendants certified with the New York State
Board of Elections and related local entities under New York state Election Law (EL) on or
about September 24, 2008.
9. There are 31 Candidates shown on Exhibit A pages 2 and 3 of 9 for the Republican Party
Committee Presidential Elector Slate under the names: Jesus Garcia, Gary Melius, Roger C.
Bogsted, Lawrence Kadish, Angelo Corva, Katherine A. James, Fred Ramstel, Debra Leible,
Jane E. Deacy, Diane Haslett Rudiano, Myrtle G. Whitmore, Richard Alicea, Jim Tedisco, Jim
Kerr, Denice Johns, Ed Cox, Doug Colety, Vincent Reda, Louis Liotti, Jasper Nolan, Kathy
Jimino, Bijoy Datta, James Ellis, Michael Nouolio, William Gilberti, Jr., Dean Skelos, James
Domalgalski, Henry Wojtaszek, Thomas D. Cook, Joseph N. Mondello, Rudy Giuliani.
10. That until there is an election to fill the vacancy for Lieutenant Governor Defendant Dean
Skelos by succession is in line for governor and acts in lieu of the present vacancy.
11. Upon initial review without cross checking the public record, of the 31 Candidates listed
for the Republican Party Committee Presidential Elector Slate to be on the ballot at the
November 4, 2008 General Election, shown on Exhibit A pages 2 and 3 of 9, no less that 2
names of the 31 are currently serving public officers listed by the names of: Jim Tedisco (NYS
Assemblyman), Dean Skelos (President pro tempore of the NYS Senate), (“Republican Party
Public Officer Defendants”).
12. That Democrat Party Public Officer Defendants and Republican Party Public Officer
Defendants are hereinafter also known as “Public Officer Defendants”.
13. That all public officers including those of the New York State Board of Elections as well
as the Public Officer Defendants took the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support the constitution of the United States, and
the constitution of the State of New York, and that I will faithfully discharge the duties of the
office of ......, according to the best of my ability;"
14. Public Officers Defendants along with non-public officers are certified candidates for
members of the New York Electoral College for election as a winner-take-all slate on the ballot
on November 4, 2008 and for which early absentee balloting has already begun. that under EL
§12-100, any vote for the Presidential slate(s) shall be deemed to be cast for the candidates’
electors slate, previously certified as state public officers.
15. That Public Officer Defendants have misapplied and misadministered the State of New
York law despite the fact that under EL §12-102, after the November 4, 2008 general election
and the canvass of the votes cast under EL §9-214 by December 1, 2008, so that the winning
certified Elector slate for the state party candidates and or independent body for the Presidential
slate(s) is then to be certified the New York electoral college by the New York Governor under
the seal in possession of the New York Secretary of State.
York law despite the fact that under EL §12-104, the certified electoral college for the New York
Presidential slate shall meet on December 17, 2008 starting on the first Monday following the
second Wednesday in December next following their election.
York law despite the fact that under EL §12-106, the certified Electoral College shall make and
sign six certificates of all the votes on forms provided by the NYS Board of Elections.
York law despite the fact that under EL §12-108, the president of the assembled certified
electoral college shall distribute the six certificates of election before December 24, 2008: one to
the President of the U.S. Senate; two certificates to the New York State Board of Elections - one
of which held subject to the President of the senate, and one held for one year in the public
record; and then on or by the following day or December 25, 2008 forward two certificates to the
Administrator of the General Services Administration, and to deliver the remaining certificate to
the Chief Judge of the United State District Court of the northern district of the state New York.
York law despite the fact that under EL §12-110, any certified Elector college slate are state
public officers when elected at large on November 4, 2008 when certified to proceed to attend
the electoral college meeting to be convened December 17, 2008, shall receive Electors
compensation for each day of his attendance in the sum of fifteen dollars per day together with
13 cents per mile each way from his place of residence to be audited by the comptroller upon the
certificate of the secretary of state.
20. That Public Officer Defendants as public office holders shall accept consideration for his
or her duty as an elected members of the Electoral College in an amount no less than $1.
21. That Public Officer Defendants and their agents have misapplied and misadministered the
State of New York Constitution Article 3 Section 6 for the Legislature compensation, allowances
and traveling expenses of members, in part states:
“…nor shall he or she receive to his or her use any fees or perquisites of office or other
compensation.”
22. That Public Officer Defendants and their agents have misapplied and misadministered the
State of New York Constitution Article 3 Section 7 for the Legislature Qualifications of
members; prohibitions on certain civil appointments; acceptance to vacate seat, in part states:
“…No member of the legislature shall, during the time for which he or she was elected,
receive any civil appointment from the governor, the governor and the senate, the legislature
or from any city government, to an office which shall have been created, or the emoluments
whereof shall have been increased during such time. If a member of the legislature be elected
to congress, or appointed to any office, civil or military, under the government of the United
States, the state of New York, or under any city government except as a member of the
national guard or naval militia of the state, or of the reserve forces of the United States, his or
her acceptance thereof shall vacate his or her seat in the legislature, providing, however, that
a member of the legislature may be appointed commissioner of deeds or to any office in
which he or she shall receive no compensation.”
23. That Public Officer Defendants have misapplied and misadministered the State of New York
Constitution Article 13 Section 7 for Public Officers Compensation of officers, in part states:
“Neither the salary of any member nor any other allowance so fixed may be increased or
diminished during, and with respect to, the term for which he or she shall have been elected,
nor shall he or she be paid or receive any other extra compensation.”
24. Each of the defendant public officers has breached their duty as to the State
Constitutional bar for any Public Officer to hold more than one public office for compensation.
25. That Public Officer Defendants are acting ultra vires.
26. That Governor Paterson, Comptroller DiNapoli, Attorney General Cuomo and President
Pro tempore Skelos have a conflict of interest with regards to their being a candidate for electors
by the operation of EL §12-100 through EL §12-110.
27. Plaintiff was and is damaged as a result of the Public Officers breach of duty.

(Breech of oath of Office by Public Officers, Public Officer Defendants and NYS BOE)
28. Plaintiff repeats each and every allegation contained in the First Cause of Action with the
same force and effect as though herein set forth at length.
29. New York State Board of Elections, (NYS BOE) with four commissioners two appointed
from each major state party and who have authority over their agents and the local boards of
election both for ballot access and the certification of the Presidential Elector Candidates slates
shown on Exhibit A is located at the New York State Board of Elections 40 Steuben Street
Albany, NY 12207.
30. That NYS BOE and its agents certified the Public Officers Defendants to be on the ballot
at the November 4, 2008 general election for election to the New York Electoral College.
31. Public Officer Defendants by reason of their actions to seek election to the Electoral
College on November 4, 2008 without expressing intention to resign from public office
simultaneous with the certification of the winning Electoral College slate under EL §12-102 by
December 1, 2008, intentionally are in breech of their oath of office and subject to impeachment.
32. That public officers of the NYS BOE Defendant and the Public Officer Defendants
intentionally Breech their oath of Office to be placed on the November 4, 2008 ballot as
candidates for electors of the Electoral College.
33. Plaintiff, along with those similarly situated, suffers injury to his sovereignty as
guaranteed under New York State Civil Rights Law Chapter 6 Section 2 as a sovereign citizen of
the State of New York that here guarantees the Supreme sovereignty in the people; and whereas,
no authority can, on any pretence whatsoever, be exercised over the citizens of this state, but
such as is or shall be derived from and granted by the people of this state.
34. That Plaintiff individually as a natural person as with those similarly situated as We The
People as natural persons of the State of New York (a corporate entity), are grateful to Almighty
God for our Freedom, in order to secure its blessings apart from any such corporate fiction or
pretender monarch, and or as further guaranteed by the 9th and 10th Amendments to the Federal
Constitution, and Magna Carta.
35. That nunc pro tunc Plaintiff inherits all the sovereign rights, privileges and property that a
living natural human inures from the creator Yahweh whose son Jesus Christ guarantees the
sovereign Freedom from Almighty God against corporate fiction and Public Officer Defendants
and their agents who are ultra vires and bent on enslaving plaintiff and those similarly situated.
(Sedition, as against all Defendants)
36. Plaintiff repeats each and every allegation contained in the First through Second Cause of
Action with the same force and effect as though herein set forth at length.
37. That Democrat Party Elector Candidate Defendants, Public Officer Defendants, the NYS
BOE and their agents John and Jane Does as an enterprise commit acts of sedition in an
agreement, communication or other preliminary activity aimed at inciting treason or some lesser
commotion against public authority and policy, as has with state action undermined the State and
Federal election as under 42 USC §1983 and §1985.
38. That plaintiff is being denied his sovereignty and a republican form of government.
FOURTH CAUSE OF ACTION
(Conspiracy to commit Treason, against Democrat Party Elector Defendants, NYS BOE
and their agent John / Jane Does)
39. Plaintiff repeats each and every allegation contained in the First through Third Cause of
40. That Democrat Party Elector Candidate Defendants, their agents John and Jane Does as
an enterprise are attempting to overthrow the government of the United States in conjunction
with Barack Hussein Obama, Joseph Biden and their agents at the national level along with those
other candidate elector slates of other states of the several states (“Racketeering Enterprise”).
41. Based upon information and belief the Democrat Party Elector Candidate Defendants,
their agents John and Jane Does using the NYS BOE and their agents as an enterprise that have
misapplied and misadministered their public duties by failure to obtain and ascertain proof that
Barrack Hussein Obama is a natural citizen, otherwise contrary to United States Constitution
Article 2 Section 1 Clause 5:
“No 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; neither shall any
Person be eligible to that Office who shall not have attained to the Age of thirty five Years,
and been fourteen Years a Resident within the United States.”
42. Based upon information and belief the Defendants and their agents have not obtained a
certified copy of the birth certificate of Barrack Hussein Obama.
43. That as of October 25, 2008 there is a mandamus motion to the United State Supreme
Court by Philip J. Berg to overturn the October 24, 2008 Federal District Judge Order to dismiss
the complaint alleging somehow a citizen has no standing to challenge the citizenship
qualifications of a presidential or Vice Presidential candidate under Federal jurisdiction, and in
that there is a case challenging the citizenship status of Barrack Hussein Obama, by the past
Deputy Attorney General of Pennsylvania had filed the case pro se, and that a review of the
current docket indicates the case is called Phillip J. BERG v. BARACK OBAMA, THE
DEMOCRATIC NATIONAL COMMITTEE, THE FEDERAL ELECTION COMMISSION and
DOES 1-50 INCLUSIVE, EDPA 08cv04083 filed August 21, 2008; and wherein the amended
complaint Plaintiff Philip J. Berg alleged that Defendant Barack Obama is not eligible for the
Office of the President because Obama lost his U.S. citizenship when his mother married an
Indonesian citizen and naturalized in Indonesia. Plaintiff further alleged that Obama followed her
naturalization and failed to take an oath of allegiance when he turned 18 years old to regain his
U.S. citizenship status, and based upon request for admissions is a dual citizen of Indonesia and
Kenya, not a natural born citizen of the United States and according to the public record is not
even a citizen of the United States.
44. There has never been an Article II executive who has been a naturalized citizen.
45. There has never been an Article II executive who is a citizen of a foreign nation.
46. That were the executive to be occupied by a foreign citizen would constitute an invasion,
coup-d-tat and trespass of the sovereign citizen of New York to secede New York from the union
until such time the Union were made whole and laws enforced again.
47. Those Defendants have a duty to prevent any person who is not a natural born citizen
from ballot access in the state of New York when running for President and or Vice President.
necessary to protect the voters.
49. That Democrat Party Elector Candidate Defendants, their agents John and Jane Does as
an enterprise are attempting to overthrow the government of the State of New York in
conjunction with Barack Hussein Obama, Joseph Biden racketeering Enterprise at the November
4, 2008 for foreign agents who are enemies of Plaintiff and those New York State Citizens
guaranteed sovereignty exclusive under the New York State Constitution separate and apart from
the other states of the several states.
50. That the Racketeering Enterprise is attempting to overthrown the government of the state
of New York to which the Democrat Party Elector Candidate Defendants owe allegiance, and
who join the Racketeering Enterprise to wage war against the State and or materially promote the
foreign born illegal alien Barack Hussein Obama to the Executive branch and the Presidency of
the United States against the law of both the State and Federal Constitutions, as has with state
action undermined the State and Federal election as under 42 USC 1983 and 1985.
51. That Defendants infringe Strunk’s liberty, expectation of a republican form of
government, and burden his expectation of effective participation in the general election were the
laws not enforced in good faith with the duties of their office.
FIFTH CAUSE OF ACTION
(Enterprise Unjust Enrichment, against All Defendants)
52. Plaintiff repeats each and every allegation contained in the First through Fourth Cause of
53. Each of the Public Officer Defendants will and have been unjustly enriched by these
activities to disrupt the election, that violate Plaintiff’s Federal voter right and expense, along
with those similarly situated, as 42 USC §1983 applies.
54. That the campaign finance associated with the Barack Hussein Obama and Biden
Candidacy activities is aided and abetted by Democrat Party Electoral College slate malice were
it seated after the November 4, 2008 General Election would further damage Plaintiff at both the
national and state level beyond what has occurred, and will occur, by reason of Defendants’
activities of unjustly enriching themselves at expense of Plaintiff and others similarly situated.
55. That the Defendants having been culpable to jointly and severally aid and abet the false
billing of Democratic Party Presidential campaign associated funds from the state of New York
taxpayers in the excess of the amount of say $10,000,000 or more, with interest, and cost of suit.
WHEREFORE, Plaintiff demands a temporary restraining order, preliminary injunction
hearing, summary judgment under CPLR §3001 and permanent injunction against the
Defendants and such other relief as the Court deems just including an TRO Order:
a. of Governor Paterson to resign as elector and stay operation of EL §12-102 until
directed otherwise by the Court, as he is now in conflict of interest with the State;
b. of the Comptroller DiNapoli to resign as elector and stay operation of EL §12-110
until directed otherwise by the Court, as he is in conflict of interest with the State;
c. of the Attorney General Cuomo to resign as elector to be able to act in his State
constitutional responsibility and that he is now in conflict with State inte€rest and is
stayed from further involvement in this matter until directed otherwise by the Court,.
d. of the President pro tempore, Senator Skelos, to resign as elector, and who must carry
out the duties of the Lieutenant Governor vacancy until after the election pending the
January 1, 2009 oath of a new Lieutenant Governor;
e. of the Secretary of State to stay operation of EL §12-102 and EL §12-110 until
directed otherwise by the Court,
f. of the NYS BOE and its local Boards and agents are to bar access by any voter at the
November 2008 General Election until the various Presidential candidates Elector
Slates are confirm qualified to be voted for at election.
g. Umil preliminary hearing on the satisfaction ofthe citizenship @ifioations of
Barack Hwein Obama &dlthe N Y S BOE direct all locai boards to allow access to
the Demoorat Party Rsidmtid Candidate Electa date on the bdlot, and until the
committee on vamcies replacing the present Public Officers provide the Court
qualified candidates and or as otherwise dkcted by the Cwrt I':
h. Until preliminary hearing on the qualification of candidate electorsthe N Y S BOE

shall direct dl local boards to bar access to the Republican Party Presidential
Candidate elector slate on the ballot, until the committee on vacancies has provide the
Court qualified candidates and or as otherwise directed by the Court;
i. And that there must be a special master (as under 42 USC $1983,81985 81988) to
detmmhe the scope ofthe deged $10,000,000.00 actual damages plus upon
c ~ h d eg g s aad detembhg the need h r treble damages;
j. That the master must prepare a report to then be presented to the full
legislature and Chiefjudge ofthe Court of Appeals in the matter of public officer
impeachment, sedition and treasm.

k. And fbr fUrther and different relief as the Court may deem necessary herein.

October 27,2008
x I
c=~her Earl -S plaintiff pro se
a natural born citizen and not a corporation
593 Vmderbilt Avenue #281,
(212) 307-4444 E-mail: ync~svote92@ahoo.corn
U.S.C.Title 3.The Pmident Chapter 1. PRE8PENTML ELECTIONS AND VACANCIES

Current fhrmghP.L. 110-2019 4. Vacantits in Ebxhral College Each State may, by law,
provide for the filling of any vacancies which may occur in its college of electors when such
d e g e meets to give its electoral vote
vERiFlCATlON AFFIDAVIT
STATE OF NEW YORK )

) ss.
COUNTY OF KINGS 1
.qccordingly, I, Christopher Earl Stnmk. being duly sworn,depose and say under penalty of
pedury:
I have read the foregoing Complaint with five Causes of Action with Exhibit A against
Defendants David A. Paterson, Andrew Cuomo, Thomas P. DWapoli, Sheldon Silver, Malcorn
Smith, Hakeem JefEes, Christine Q u h Wiiliam Thompson, Jim Tedisco, Dean Skelos in their
Official Cnpacities and individually, the Democrat Candidate Presidential Electors as a class, in
their official capacity and individually, the New York State Board of Elections and John Does
and Jane Dues in which I request a TRO,P r e t i i Injunction and Declaratory Judgment for
equity relief as we11 as for say $10,000,000.00in damages plus mble damages; and know the
contents thereof appIy to me by misapplication and administration of laws and that has a
question of first impression as a ! h t e question involving the sedition and mason in enterprise
corruption in creation of the New York Electoral College going into the General Election of
Novemkr 3,2008; the same is true to my own knowledge,except as to the matters therein stared
to be a1Ieged on information and belief, and as to those matters I believe it to be true. The
grounds of my beliefs as to all matters nor srated upon information and belief a r e ~ o l l o w s3d
:
\
Christopher Earl Strunk

Sworn to before me
hi& day of Octaber 2008
Complaint Page 14 of 1 5
M E 2 d B1 PAGES
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NEW YMU( STATE BOARD OF ELECTIONS
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PAGES d44 PACES
i NEW Y O W STATE BOARD OF ELECTIONS

CANDIPATE LIST - ELECTIONYEAR : 2a08 TYPE :GENERAL ELECTION
hsldenthlHec2or
DISTRICT NIA
CMIHnES:
Pprbr
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-7-
Scbectady, NY 12306
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REP Jhn Tedisco 1710 GulWerland Avenue
REP Jim Kerr 2OOEaaitgOth~Apt7B NwYdt,NVlOl#L
REP DenIua Johns 2S8 St Wlchotas A m w , Now York, NY 1 W
REP Ed COX 100 S M d Lono -
W-mpton Beach, NY 11976
REP Doug WIely in corppor -
NW -11% NV 10801
REP VInmt Red8 -
snrst stmet NW city, NY 10-
REP &Is LioS 43 Aquducl Road - Gadson, NY 10624
REP Jasper Noh B QYvk Drlvr - SamtogaSptlngr. NY 12666
REP Kathy Smino -
300Shah Avenue Troy, NY 121%1
REP WY- 30 -don Street -
Blnghamton, NY 13903
REP Jam# Effk 58W-t - T~wUke,NYlm
REP
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3929 Romwoad Drive Sen- Fanb, NY 13't4B
119 Wsndeil Terr~oe- &rumme, NY 132U3
RE? Paan Skslos -
31 R m Road R o c M i e Centre, NY H570
REP Jumea do^^ -
7S Hawthome Orhre O d w d Park. NY MI27
REP -
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Joseph N. Mondello
620 East GO-
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NY 14120
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1 0 0 ~ t . n o Weimm@onBs*ch,W11816
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1ND Ooug Cdety 121 Cooper W e New Rochelle, NY 20801
IND vineant R d a 59 Flrst Street New City, NY 10858
IN0 Lauls LbUl 43 Aqueduct Road Garrison, NY 10624
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3M Sixth Avenm Troy, NY 12182
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I INb Michael Nonatio -

9999 Uoswwood Drive Seneca Fa&, NY 131rUI
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1 N W YORK STATE BOARD OF ELECTlONS
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PAGES d 91 PAGES
NEW YORK STATE BOARD OF ELECTIONS
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-----------------------------------------------------------------------x
Plaintiff,
-against-

Defendants.
-----------------------------------------------------------------------x
SUMMONS with VERIFIED COMPLAINT
with EXHIBIT A
Dated: New York, New York /s/

October 27, 2008
____________________________________
Christopher Earl Strunk, plaintiff
(212) 307-4444 E-mail: uncasvotes2@yahoo.com
Exhibit 5
“Plaintiff’s supplement to the underlying Complaint as the First
Amended Summons and Verified Amended Complaint”
SUPREME CORTRT OF THE STATE OF NEW YORK
COUNTY OFKINGS
---------- -
Christopher-Earl: Stmnk, Index No.: 29642 / 08
Plaintiff,
-against- The County of Kings as the
Place of Jury trial.
NEW YORK S'XXTE BOARD OF ELECTIONS; JAMES A.
WALSH I Co-Cbrir, DOUGLAS A. KELLNER I Co-Chair, The basis of venue is the
EVELYN J. AQUlLA / Commissioner, GREGORY P. plaintiffs place for sufhge
PETERSON I Cammiasioner, Deputy Director TODD D.
VALENTINE, Deputy Director STANLEY ZALEN, AMENDED SUMMONS
LORRAINE A. CORTEZ-VAZQUEZ, ANDREW CUOMO,
THOMAS P. DINAPOLI, individually and RUTH NO EM^ (Jwtrial)
N York State Acting Secretary of State, in their
C O L ~ New
OEcial capacity; ZBIGNIEW KAIMlERZ BRZEZINSKI,
MARK BRZEZNSKI; SOEBARKAH (a.k.a. Barry Soetoro,
a.k.a. Barack Hussein Obama, a.k.a. Bertie Dunham)
O&QMAFOR AMERICA; OaAMA VICTORYFUIQ
NANCY PELOSI individually; DEMOCRATIC STATE
COMMETTEE OF THE STATE OF NEW YORK; STATE
COMMITTEE OF THE WORKING FAMILIES PARTY OF
NEW YORK STATE; R ~ G E RCALERO, individually;
THE SOCIALIST WORKERS PARTY;IAN J. BRZEZINSKI;
JOHN SIDNEY MCCAIN 111, individually;
MCCATN WClVRY200& MCCMN-PALIN WClURYZOa8;
REPUBLICAN STATE COMMI'ITEE; THE NEW YORK STATE
COMMITTEE OF THE INDEPENDENCE PAR= STATE
COMMITTEE OF THE CONSERVATIVE PARTY OF NEW Plaintiffs place for sufhge:
YORK STATE; GEORGE SOROS; XYZ JOINTFLNVRAISING 593 Vanderbilt Avenue - 281
C0MWWEEES;-John and Jane Does; and XYZ Entities. Brooklyn, New York 11238
Defendants.
................................................... .....................
*flLc.~c..-
X
To the above+munedDefendants: - .
II
YOU ARE HEREBY SUMMONED to answer the first amended complaint in this
action and to serve a copy of your answer, or, if the complriint is not served with this.summons,
to serve a notice of appearance, on the Plaintiff within 20 days after the service of this summons,
exclusive of Ibe day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the State of New York); and in case of your failure to
app& or &,judgment will be taken againstrpvby defauh fm the relief demanded in the
complaint.
Dated: BrooklyqNe York
February /$,2011
593 ~ k d e r b i lAvenue
t #281,
(845) 90 1-6767 E-mail: chri&,stnmk.ws
To: Defendants as follows: [continued on p. 2]
NEW YORK STATE BOARD OF ELECTIONS, JOHN A. BOEHNER

JAMES A. WALSH / Co-Chair, 1011 Longworth H.O.B.
DOUGLAS A. KELLNER / Co-Chair, Washington, DC 20515
EVELYN J. AQUILA / Commissioner,
GREGORY P. PETERSON / Commissioner, THE NEW YORK STATE REPUBLICAN
Deputy Director TODD D. VALENTINE, STATE COMMITTEE
Deputy Director STANLEY ZALEN, 315 STATE ST,
The New York State Board of Elections ALBANY, NY 12210-2001
40 Steuben Street
Albany New York 12207 THE NEW YORK STATE COMMITTEE OF
THE INDEPENDENCE PARTY
LORRAINE A. CORTEZ-VAZQUEZ By Frank MacKay, Chairman
c/o RUTH NOEMÍ COLÓN New York State Acting PO BOX 871
Secretary of State Lindenhurst, NY 11757
New York State Department of State
One Commerce Plaza STATE COMMITTEE OF THE CONSERVATIVE
99 Washington Ave, Albany, NY 12231-0001 PARTY OF NEW YORK STATE
486 78TH STREET
Andrew Cuomo (NYS Governor), BROOKLYN, NY 11209
Eric Schneiderman (NYS Attorney General),
The Capitol ZBIGNIEW KAIMIERZ BRZEZINSKI
Albany, New York 12224 c/o Columbia University in the City of New York
School of Foreign Affairs
Thomas P. DiNapoli (NYS Comptroller), 2960 Broadway New York, NY 10027-6902,
Office of the NYS Controller
110 State Street IAN J. BRZEZINSKI
Albany, NY 12236 c/o The Atlantic Council Headquarters
1101 15th Street, NW, 11th Floor
SOEBARKAH (a.k.a. Barry Soetoro, Washington, D.C. 20005
a.k.a Barack Hussein Obama)
c/o The White House MARK BRZEZINSKI
1600 Pennsylvania Avenue, N.W. c/o McGuire Woods LLP
Washington, District of Columbia 20500 2001 K Street N.W. Suite 400
Washington, D.C. 20006-1040
NANCY PELOSI
235 Cannon House Office Building GEORGE SOROS
Washington, DC 20515-0508 Soros Management
888 7th Avenue Suite 3300
DEMOCRATIC STATE COMMITTEE OF New York, NY 10106
THE STATE OF NEW YORK
461 Park Avenue South OBAMA FOR AMERICA
New York, NY 10016 by Martin H. Nesbitt, Treas.
PO Box 8102 Chicago, IL 60680
STATE COMMITTEE OF THE WORKING
FAMILIES PARTY OF NEW YORK STATE OBAMA VICTORY FUND
2-4 Nevins Street Floor 3 by Andrew Tobias, Treas.
BROOKLYN, NY 11217 430 South Capitol Street SE
Washington DC 20003
RÓGER CALERO
c/o THE SOCIALIST WORKERS PARTY MCCAIN VICTORY 2008
1000 Grand Concourse, #4A 228 S WASHINGTON ST STE 115
Bronx, NY 10451 ALEXANDRIA, VA 22314
JOHN SIDNEY MCCAIN III MCCAIN-PALIN VICTORY 2008

241 Russell Senate Office Building & The New York Finance Committee
Washington, DC 20510 Road to Victory Tour
228 S WASHINGTON ST STE 115
ALEXANDRIA, VA 22314
2
Strunk v. NYS BOE et al. NYS Supreme Court County of Kings 29642-08

-----------------------------------------------------------------------------x
Christopher-Earl: Strunk, in esse
Plaintiff, VERIFIED FIRST
-against- AMENDED COMPLAINT
NEW YORK STATE BOARD OF ELECTIONS; JAMES A. (Jury trial)

WALSH / Co-Chair, DOUGLAS A. KELLNER / Co-Chair,
EVELYN J. AQUILA / Commissioner, GREGORY P.
PETERSON / Commissioner, Deputy Director TODD D.
VALENTINE, Deputy Director STANLEY ZALEN,
THOMAS P. DINAPOLI, individually and RUTH NOEMÍ
COLÓN New York State Acting Secretary of State, in their
Official capacity; ZBIGNIEW KAIMIERZ BRZEZINSKI,
MARK BRZEZINSKI; SOEBARKAH (a.k.a. Barry Soetoro,
OBAMA FOR AMERICA; OBAMA VICTORY FUND;
COMMITTEE OF THE STATE OF NEW YORK; STATE
COMMITTEE OF THE WORKING FAMILIES PARTY OF
NEW YORK STATE; RÓGER CALERO, individually;
THE SOCIALIST WORKERS PARTY; IAN J. BRZEZINSKI;
JOHN SIDNEY MCCAIN III, individually;
MCCAIN VICTORY 2008; MCCAIN-PALIN VICTORY 2008;
YORK STATE; GEORGE SOROS; XYZ JOINT FUNDRAISING
COMMITTEES; John and Jane Does; and XYZ Entities.
Defendants.
---------------------------------------------------------------------------------x
Plaintiff, Christopher-Earl: Strunk in esse, as and for the First Amended Complaint to the
Complaint filed with the clerk on or about October 29, 2008 with jurisdiction of New York
State Election Law Article §16-100 over Article 12 for the November 4, 2008 General
Election inter alia equity relief and damages, that upon information and belief and at all
times hereinafter mentioned, respectfully allege of captioned Defendants as follows:

(Breach of State Constitutional fiduciary duty as against all Public Officer Defendants)
1. Plaintiff Christopher-Earl: Strunk, in esse (“Plaintiff” or “voter”), is a natural born
Citizen resident in New York who was and is a qualified voter registered to vote in the 2008
election cycle and participate in the November 4, 2008 General Election in the State of New
York, and whose principal place for service is located at 593 Vanderbilt Avenue #281,
2. That Defendant NEW YORK STATE BOARD OF ELECTIONS, (Defendant NYS BOE)
with four commissioners two appointed from each major state party Defendant JAMES A.
WALSH / Co-Chair, Defendant DOUGLAS A. KELLNER / Co-Chair, Defendant EVELYN
J. AQUILA / Commissioner, Defendant GREGORY P. PETERSON / Commissioner, and
two deputy directors of elections Deputy Director Defendant TODD D. VALENTINE,
Deputy Director Defendant STANLEY ZALEN, are all located at the New York State Board
of Elections 40 Steuben Street Albany, NY 12207, and
3. Defendant NYS BOE and its agents have authority over their agents at the local boards
of election both for ballot access and the certification of the Presidential Elector Candidates
slates and committees for the names Barack Hussein Obama (BHO, SOEBARKAH), John
M. McCain III (McCain) and Roger Calero (Calero) hereinafter known as “Defendant
Presidential Candidate(s)” with the November 4 2008 General Election results published.
4. Based upon information and belief the Presidential Elector Candidate Defendants as a
class represented by Andrew Cuomo having replaced David Paterson as Governor on the
Democratic side and Republican Majority leader Dean Skelos representing the McCain
Electors plus Defendant LORRAINE A. CORTEZ-VAZQUEZ as then secretary of state
appointed by Governor Paterson and Spitzer, now replaced by RUTH NOEMÍ COLÓN New

York State Acting Secretary of State; that according to the Help America to Vote Act of 2002
(HAVA) section 213 (a) (1) (A) are in their Official capacity both a Federal and State officers
who each serve as an unpaid employee of the United States Election Assistance
Commission (EAC), as a Federal employee and represent the Class of the Calero Electors
along with those of the Cuomo and Skelos classes; and that the Cuomo appointee, RUTH
NOEMÍ COLÓN is located at the Department of State One Commerce Plaza 99 Washington
Ave, Albany, NY 12231-0001).
5. The Defendants NYS BOE their agents John and Jane Does and LORRAINE A.
CORTEZ-VAZQUEZ represent the class of presidential electors and their agents as an
enterprise having misapplied and mis-administered their public officer fiduciary duties
under NYS BOE regulation by failure to obtain and ascertain proof that each Defendant
Presidential Candidate is a natural-born Citizen (NBC), that otherwise is contrary to State
Law, regulations and the United States Constitution Article 2 Section 1 Clause 5:
“No 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; neither
shall any Person be eligible to that Office who shall not have attained to the Age of
thirty five Years, and been fourteen Years a Resident within the United States.”
6. Based upon information and belief the State Defendants, Defendant Presidential
Candidates, various Defendant Campaign Committees and their agents have not presented
a certified copy of the “long-form” birth certificate of the Defendant Presidential Candidates
for ballot access to the New York November 4, 2008 General Election / 2008 election cycle.
7. That based upon information and belief the NYS BOE has not maintained the
consistency of Presidential Candidate Certificate documents used for ballot access by mal-
administration of the law and regulations.
8. There has never legally been an Article II Executive who has ever been a native born,
naturalized citizen or a non-citizen as it is against the mandate of the U.S. Constitution

Article II Section 1 Clause 5 a candidate be a natural-born U.S. Citizen to be eligible.
9. There has never legally been an Article II Executive who is a citizen of a foreign nation
and or has dual allegiance with a foreign nation.
10. That the Supreme Court of the United State opinion in McCreery's Lessee v
Somerville 22 US 354 (1824) explains the difference between a Natural-born and Native-
born U.S. Citizen as is to be applied with U.S. Constitution Article 2 Section 1 Clause 5.
11. That were the executive to be occupied by a foreign citizen would constitute an
invasion, coup-d-tat and trespass upon the sovereign citizen of New York a taking as of
right under the 10th Amendment become the basis for New York state and its People to
secede from the Union until such time the Union were made whole and laws enforced again.
12. Those Defendant BOE and Presidential Electors having been duly served prior to
the general election knew they have a duty to prevent any person who is not a natural born
citizen from ballot access in the state of New York when running for President and or Vice
President and have maliciously acted contrary to their fiduciary duty.
necessary to protect the voter(s), are ultra vires and are individually liable.
14. That Defendant NYS BOE and its agents certified the Elector Defendants for each
Defendant Presidential Candidate to be on the ballot at the November 4, 2008 General
Election for the preference election of the New York Electoral College;
15. That under the New York State Constitution the State of New York Legislature has
a winner take all system of Electoral College with 31 votes for selection of President and
Vice President based upon 29 House seats and two (2) U.S. Senators at large.
16. That Defendant SOEBARKAH (a.k.a Barry Soetoro, a.k.a. Birdie Dunham, a.k.a.
Barack Hussein Obama III, Defendant Democrat Presidential Candidate) individually
under the name Barack Hussein Obama is located in care of c/o The White House 1600

Pennsylvania Avenue, N.W. Washington, District of Columbia 20500, and is a Madrasah
trained radical Sunni Muslim by birth right according to the Koran through his father
Barack Hussein Obama Sr. (a Sunni Muslim), and that by training and practice admitted
during the speech to the Muslim Brotherhood in Cairo in 2009 – SOEBARKAH practices
Shariah law, and is devoted to King Saud of Saudi Arabia who based upon information paid
for the Columbia and Harvard university expenses with the full knowledge and blessing of
Defendant Zbigniew Brzezinski, his sons Mark and Ian and George Soros.
17. Defendant Soebarkah practices Al takia or the Islamist art of fooling the enemy and
professes to be a Christian when in fact a Muslim is a liar by training - never to be trusted.
18. Defendant SOEBARKAH admits his natural father at the time of his birth is a
citizen of the United Kingdom and as the British Nationality Act of 1948 governs dual
citizenship at birth; Soebarkah has dual allegiance at best by his own admission.
19. That Rep. John Bingham, author of the 14th Amendment, Congressional Globe,
39th, 1st Sess., pg 1291 (March 9, 1866) stated:
“… every human being born within the jurisdiction of the United States of parents
not owing allegiance to any foreign sovereignty is, in the language of your
Constitution itself, a natural-born citizen.”
20. That Defendant SOEBARKAH and or his agent(s) as part of the scheme to defraud
placed an image of a Hawaiian Certification of Live Birth (COLB) on the Internet, which in
Hawaii per se is issued for all birth's registered by the State of Hawaii whether the human
being is born there or not, and as a prima facia fact means the Hawaii issued COLB does
not prove "natural born" citizenship or birth in Hawaii, only a long form document would.
21. Whether Hawaii was a territory or a state, historically it issued a COLB certifying
that the named person was born alive no matter where that may have been as evidenced by
the COLB; and for instance Sun Yat-sen was born on 12 November 1866 to a Hakka family
in the village of Cuiheng, Xiangshan (later Zhongshan) county, Guangzhou prefecture,

Guangdong province (26 km or 16 miles north of Macau), in the Empire of the Great Qing of
China. At age thirteen, Sun went to live with his elder brother, Sun Mei, in Honolulu. Sun
Mei, who was fifteen years Sun Yat-sen's senior, had emigrated to the Hawaiian Islands as
a laborer and had become a prosperous merchant. Sun Yat-sen studied at the Iolani School
where he learned English, mathematics and science. Originally unable to speak the English
language, Sun Yat-sen picked up the language so quickly that he received a prize for
outstanding achievement from King David Kalākaua. While at Iolani, he befriended Tong
Phong, who later founded the First Chinese- American Bank. After attending Iolani School,
from which he graduated in 1882, Sun enrolled in Oahu College (now Punahou School, the
same private school where BHO was educated) for further studies for one semester. He was
soon sent home to China as his brother was becoming afraid that Sun Yat-sen was about to
embrace Christianity, which he did, but he returned to Hawaii at least twice, in 1900 and
1901. In March 1904, he obtained a Certificate of live Hawaiian Birth, issued by the
Territory of Hawaii, stating he was born on November 24, 1870 in Kula, Maui, and just as
the BHO HI COLB alleges he also was alive at birth on August 4, 1961 in Honolulu Oahu
just like Sun was born on November 24, 1870 in Kula, Maui. The HI law as used remains
the same in meaning and intent, and that BHO dual allegiance and dual citizenship at
birth alone is more than sufficient to prove BHO ineligible.
22. A COLB issued to those who are "naturalized" in Hawaii is of questionable legal
issue contrary to U.S. Constitution Article 1 §8 Clause 4, Article I §9 Clause 1, Article 1 §10
Clause 1, and as a matter of first impression conflicts with the full faith and credit clause.
23. That Defendant SOEBARKAH at six years of age used the name given upon his
adoption by Lolo S. Soetoro Mangunharjo, an Indonesian colonel in General Suharto's
Armed Forces who had married Stanley Ann Obama, and as an Indonesian Citizen from six
years of age SOEBARKAH is presumed to have an Indonesian passport after removal from

the U.S. Passport of Stanley Ann Soetoro as released to Plaintiff on July 29, 2010 by the
U.S. Department of State.
24. That Defendant SOEBARKAH is not eligible for the Office of the President because
with the McCarran-Walter Act of 1952 as the controlling legal authority for the birth of
BHO, and especially when the transmission of British citizenship to BHO at birth no
matter where the location is proves a dual citizen at birth, as a treaty matter between
Britain and the USA, and that with the admission against interest of both Stanley Ann
Dunham Obama and Barack Hussein Obama Sr. in a marriage in Hawaii entered after
conception, in which both parents attribute Paternity to BHO Sr. without challenge at the
time of the March 20, 1964 divorce decree makes BHO Jr. a British subject with dual
citizenship and multi-allegiances at best that by the 1952 McCarran-Walter Act, therefore
BHO Jr. is not a Natural Born Citizen; and
25. Further, Defendant SOEBARKAH lost his U.S. citizenship when his mother married
an Indonesian citizen and became a naturalized citizen of Indonesia and in that Indonesia
does not recognize dual citizenship, and because Defendant SOEBARKAH did not take an
oath of allegiance to the USA when reaching the proper age while resident in the USA
retains Indonesian Citizenship having renounced his previous U.S. Naturalized citizenship
/ British Citizen status; and
26. Plaintiff furthermore alleges, that had SOEBARKAH followed up with his resident
status after 1971 while living with his Grandmother in Hawaii to become naturalized, he
failed to take an oath of allegiance when SOEBARKAH turned 18 years old to regain his
U.S. citizenship status, and then obtained school financing as a foreign exchange student in
Hawaii and again at Occidental College in Los Angeles as done at Columbia and Harvard,
at best has multiple citizenship status with allegiances to Indonesia, Great Britain, Kenya
perhaps; however is not a natural-born citizen of the United States and according to the

public record is not even a citizen of the United States, and therefore, ineligible for the
presidency with NBC Clause as mandated by the Defendant NYS BOE; and
27. The Defendant class of the New York State Democratic Party Committee Candidates
for Presidential Electoral College from the State of New York for Presidential Candidate
Barack Hussein Obama and Vice Presidential Candidate Joseph Biden (“Democrat Party
Elector Candidates”, “Democrat Party Elector Defendants”) as a class of elector candidates
Defendants certified with the New York State Board of Elections and related local entities
under New York state Election Law (EL) on or about September 24, 2008.
28. That on August 28, 2008 Defendant NANCY PELOSI individually with her place of
business located at Washington, D.C. Address 235 Cannon House Office Building
Washington, DC 20515-0508, and as chair failed to affirm for the Democratic National
Committee and DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK
(NYDP) the eligibility of BHO for ballot access in the State of New York November 4, 2008
General Election using the terms that “the following were duly nominated as candidates of
said Party for President and Vice President of the United States respectively:” and nowhere
affirms that the candidates are eligible as required by the NYS BOE as shown at its
website provisions citing Article II Section 1 Clause 5 in any of the several states and or
territories except for the State of Hawaii; however Defendant Pelosi as an admission
against interest also affirmed differently for Hawaii as follows:
29. That on August 28, 2008 Defendant Pelosi individually and as Chair affirmed the
alleged eligibility of BHO for ballot access in the State of Hawaii November 4, 2008 General
Election differently than done for any other state or territory including New York using the
terms that “the following candidates for President and Vice President of the United States
are legally qualified to serve under the provisions of the United States Constitution” as
certified for the Hawaii Secretary of State.

30. That on September 15, 2008, Defendant STATE COMMITTEE OF THE WORKING
FAMILIES PARTY OF NEW YORK STATE (NYWFP) by Robert P. Master Presiding
Officer affirmed the alleged eligibility of BHO and the electors for ballot access in the State
of New York November 4, 2008 General Election using the terms that “by majority vote of
the members present, voting by weighted ballot, nominate the following Working Families
Party candidates for office at the General election to be held November 4, 2008:” nowhere
affirms the Constitutional eligibility of BHO.
31. That the Democratic Party Elector Candidates are Velda Jeffrey, June F. O'Neill,
Dennis Mehiel, David A. Paterson, Andrew Cuomo, Thomas P. DiNapoli, Sheldon Silver,
Malcom Smith, Maria Luna, Robert Master, Pamela Green-Perkins, Helen D. Foster, Jon
Cooper, Hakeem Jeffries, Richard Fife, Deborah A. Slott, Terrence Yang, George Arthur,
George Gresham, Alan Van Capelle, Inez Dickens, Suzy Ballantyne, Alan Lubin, Bethaida
Gonzalez, Christine Quinn, William Thompson, Stuart Applebaum, Maritza Davila, Ivan
Young, Barbara Fiala, Frank A. Bolz, III.
32. That in November 2008 the Court rendered an opinion in association with the
Article 78 Petition 2008/29641 held that there is no breach of the State Constitution or bar
for any Electoral College Elector to hold more than one public office for compensation and
that all the democratic electors were duly served notice of both actions including the
underlying complaint herein regarding the improper ballot access for Barack Hussein
Obama before the November election, and that otherwise Plaintiff is damaged and injured
as a result of the Democratic Electors breach of duty as to ballot access for Presidential
Candidates Obama, McCain, and Calero.
33. Plaintiff seeks a decision by the Court as to whether or not the Candidate(s) are
eligible for Office of President of the United States (POTUS) as required with the United
States Constitution Article 2 Section 1 Clause 5 as required as a regulation by the New

York State Board of Elections including inter alia based upon the Certificate of Live Birth
published August 21, 2008 by Annenberg Political Fact Check at FactCheck.org
http://www.factcheck.org/elections-2008/born_in_the_usa.html ; and that as a prima facie
matter Plaintiff seeks a Court decision herein as to whether or not Obama in fact has Dual
Allegiance, is not a Natural Born Citizen per se but merely a Native-Born citizen if that;
because BHO Jr.’s father, BHO Sr., is a British subject with a student visa at that time,
and is shown to be the purported father of BHO Jr. by both the newspaper announcement
and the COLB shown by Fact Check.org; and therefore, at best BHO Jr. is only a "Native"
born citizen, if that, with only one U.S. Citizen parent mother as a minor at his birth, and
that without two U.S. Citizen parents - BHO Jr. is NOT a "Natural" born citizen at best is
“Native” born - no matter where BHO was born the HI COLB does not prove NBC status;
34. That Defendant ROGER CALERO (Defendant Calero, Presidential Candidate) with
place for service located at the Committee Address: 1000 Grand Concourse, #4A Bronx, NY
10451, was born in Nicaragua in 1969. He and his family fled via Los Angeles, California in
1985. Calero is now a permanent resident alien (holding a green card) since 1990. While in
Los Angeles, Calero joined a socialist movement and helped mobilize support against
Proposition 187 in the early 90s, and is presumed to have filed a certification for ballot
access through the respective Defendant Socialist Worker’s Party Committee, but is not a
natural-born U.S. Citizen with the U.S. Constitution Article II Section 1 Clause 5 as
mandated by the Defendant NYS BOE.
35. In that on April 10, 2008 as part of the scheme to defraud, U.S. Senator Barack
Hussein Obama was the Sponsor of the U.S. Senate sense resolution S 511 along with other
U.S. Senators Mrs. MCCASKILL, Mr. LEAHY, Mr. COBURN, Mrs. CLINTON, and Mr.
WEBB, and who maliciously submitted the S 511 resolution knowing it was false as to the
natural-born Citizen status of Senator John Sidney McCain III, in violation of 18 USC

§1001; and in which S 511 was referred to the Committee on the Judiciary then to the U.S.
Senate as a fraud upon Congress and the People of the several states and territories
contrary to the facts stated:
“Whereas John Sidney McCain, III, was born to American citizens on an American
military base in the Panama Canal Zone in 1936:”
36. That U.S. Senator Barack Hussein Obama acknowledges endorsing Senate
Resolution 511 that one needs two (2) U.S.A. Citizen parents at birth to be qualified to be a
natural born citizen.
37. Further by U.S. Senate resolution is underscored and confirmed by the Honorable
United States District Judge Michael Chertoff then serving as the Secretary of Homeland
Security in testimony under oath before the U.S. Senate Committee and as reprinted in the
Congressional Record pages S2950 and S2951 stated:
CHERTOFF. “My assumption and my understanding is that if you are born of

American parents, you are naturally a natural-born American citizen.”
38. That on November 30, 2007, Barack Hussein Obama II, and on October 9th 2007,
John Sidney McCain III each affirmed an affidavit for the Arizona Secretary of State to
gain ballot access in the Arizona 2008 Presidential Preference Election Ballot and that both
affirmations were duly filed with the AZ Secretary of State who certified each affirmed:
““I do solemnly swear (or affirm) that all the information in this Nomination Paper
is true, that as to these and all other qualifications, I am qualified to hold the office
that I seek, having fulfilled the United States constitutional requirements for
holding said office. I further swear (or affirm) that I have fulfilled Arizona's
statutory requirement for placing my name on the Presidential Preference Election
ballot.”
39. That on November 4, 2008, Plaintiff, as a victim of the scheme to defraud, voted for
the electors representing the Republican Party Presidential Candidate John Sidney McCain
III (McCain), that based upon information and belief that McCain was alleged to be a
natural-born Citizen and whom subsequently did not obtain sufficient votes to win the

winner take all Electoral College from New York; and thereafter was discovered not a
natural-born U.S. Citizen.
40. That Defendant JOHN SIDNEY MCCAIN III individually with place of business
located at Washington Office: 241 Russell Senate Office Building Washington, DC 20510,
41. In good faith with the alleged NBC status as part of the scheme to defraud, Plaintiff
voted for Candidate McCain despite the fact that his wife is a most devoted Roman Catholic
whose two sons were educated by Jesuit priests went to Brophy Prep, School where Mrs.
McCain is a member of Brophy's board of regents and where the McCains have been
generous supporters of Brophy by support of vouchers for Catholic schools like Brophy.
42. Unbeknownst to Plaintiff, Father Edward Reese S.J., who is the brother of Fr.
Thomas J. Reese S.J., (former editor of America and senior fellow at the Woodstock
Theological Center at Georgetown University), spoke in support for Candidate McCain at
the Republican National Convention at the direction of the Jesuits at Fordham University
controlling the Archbishop of New York City and the Jesuits of Georgetown University
controlling the Archbishop of Washington, DC; and notwithstanding the requirements of
the Vienna Convention of Consular Affairs that agents of a sovereign state not interfere
with the domestic affairs of the USA.
43. Defendant John Sidney McCain III was born on August 29, 1936 in Colon Hospital,
Colon Panama, according to the Panama Canal Health Department not in the Panama
Canal Zone, which is authenticated by Donald Lynn Lamb representing the Panama
Railroad Company with authority over the Hospital in Colon; and
44. That according to the Hay-Banau-Varilla Treaty of November 18, 1903 that has 26
articles in which the two pertinent to the status of the city of Colon under that Treaty refer
to the Convention for the Construction of a Ship Canal says that the Colon Panama, the
birth city cited on McCain’s 1936 long form birth certificate where he was witnessed being

born, and where his parents resided, Colon, Republic de Panama, is not part of the Canal
Zone, quote:
ARTICLE I The United States guarantees and will maintain the independence of the
Republic of Panama.
ARTICLE II The Republic of Panama grants to the United States in perpetuity the use,
occupation and control of a zone of land and land under water for the construction
maintenance, operation, sanitation and protection of said Canal of the width of ten miles
extending to the distance of five miles on each side of the center line of the route of the
Canal to be constructed; the said zone beginning in the Caribbean Sea three marine miles
from mean low water mark and extending to and across the Isthmus of Panama into the
Pacific ocean to a distance of three marine miles from mean low water mark WITH THE
PROVISO THAT THE CITIES OF PANAMA AND COLON and the harbors adjacent to
said cities, WHICH ARE INCLUDED WITHIN THE BOUNDARIES OF THE ZONE
ABOVE DESCRIBED, SHALL NOT BE INCLUDED WITHIN THIS GRANT…”
(Emphasis by Plaintiff)
and therefore, Defendant McCain is not a natural-born Citizen as he was not born on U.S.
Territory or the USA and is not eligible for the Presidency with the U.S. Constitution
Article II Section One Clause 5 as mandated by the Defendant NYS BOE.
45. The New York State Republican Party Committee Candidates for Presidential
Electoral College from the State of New York for Presidential Candidate John S. McCain
and Vice Presidential Candidate Sarah Palin as a class of elector candidate Defendants
certified with the Defendants NYS BOE and Secretary of State and by related local entities
under New York state Election Law (EL) on or about September 24, 2008.
46. That on September 4, 2008, Defendant JOHN A. BOEHNER, individually with place
of business located at Washington, D.C. Office 1011 Longworth H.O.B. Washington, DC
20515, and as Chairman affirmed for the Republican National Committee and Defendant
THE NEW YORK STATE REPUBLICAN STATE COMMITTEE (NYRP) the alleged
eligibility of McCain for ballot access in the State of New York November 4, 2008 General
Election using the terms that “the following person, meeting the constitutional
requirements for the Office of President of the United States,”

47. Defendant John Boehner, when pressed on the BHO eligibility issue said: "The state of
Hawaii has said that President Obama was born there. That's good enough for me."
48. That on September 21, 2008, Defendant THE NEW YORK STATE COMMITTEE
OF THE INDEPENDENCE PARTY (NYIP) by Frank McKay Chairman affirmed the
alleged eligibility of McCain and the electors for ballot access in the State of New York
November 4, 2008 General Election using the terms that “do hereby certify that the
following persons were duly nominated by majority vote for the office of President and Vice
President of the United States”
49. That on September 22, 2008, Defendant STATE COMMITTEE OF THE
CONSERVATIVE PARTY OF NEW YORK STATE (NYCP) by Michael R. Long Chairman
affirmed the alleged eligibility of McCain and the electors for ballot access in the State of
New York November 4, 2008 General Election using the terms that “do hereby certify that
the following persons were duly nominated by majority vote for the office of President and
Vice President of the United States”
50. There are 31 Candidates for the Republican Party Committee Presidential Elector
Slate under the names: Jesus Garcia, Gary Melius, Roger C. Bogsted, Lawrence Kadish,
Angelo Corva, Katherine A. James, Fred Ramstel, Debra Leible, Jane E. Deacy, Diane
Haslett Rudiano, Myrtle G. Whitmore, Richard Alicea, Jim Tedisco, Jim Kerr, Denice
Johns, Ed Cox, Doug Colety, Vincent Reda, Louis Liotti, Jasper Nolan, Kathy Jimino, Bijoy
Datta, James Ellis, Michael Nouolio, William Gilberti, Jr., Dean Skelos, James
Domalgalski, Henry Wojtaszek, Thomas D. Cook, Joseph N. Mondello, Rudy Giuliani
(member of SMOM) on the ballot at the November 4, 2008 General Election.
51. That Defendant NYS BOE and its agents have not provided the ballot certification
requested with Plaintiff’s FOIL for Roger Calero’s Committee with THE SOCIALIST

WORKERS PARTY, the DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW
YORK and or THE NEW YORK STATE REPUBLICAN STATE COMMITTEE and others.
52. Plaintiff, along with those similarly situated, suffers injury to his individual
sovereignty as guaranteed under New York State Civil Rights Law Chapter 6 Section 2 as a
sovereign citizen of the State of New York that here guarantees the Supreme sovereignty in
the people; and whereas, no authority can, on any pretence whatsoever, be exercised over
the citizens of this state, but such as is or shall be derived from and granted by the people
of this state; is denied equal treatment under Article 1 Section 11 of the NYS Constitution.
(Scheme to defraud Plaintiff and those similarly situated as against all Defendants)
53. Plaintiff repeats each and every allegation contained in the First Cause of Action
with the same force and effect as though herein set forth at length.
54. ALL Defendants act in the scheme to defraud Plaintiffs and those similarly situated
in denial of a reasonable expectation of successful participation in the suffrage process in
conjunction with the private organizations known as the Council on Foreign Relations with
an exclusive secret oath superseding any oath to the U.S. and or respective State
Constitution (CFR) and Sovereign Military Order of Malta (SMOM) directed by the Jesuit
General, used Zbigniew Brzezinski, George Soros, Fethullah Gulen with Fr. Thomas Michel
S.J. and the Gulen Movement with the Muslim Brotherhood here in Brooklyn (as with
Soebarkah and Fr. Gregory Galluzzo, S.J.) to recreate a worldwide Caliphate, in a push for
destruction of the Al-Aqsa Mosque to be blamed on the USA Military as the Stage Three
described in U.S. DOS Publication 7277 to facilitate the final temple of Babylon using the
Manchurian candidates: Soebarkah since 1995 who co-authored Dreams from My Father
and Republican Guard candidate McCain since 1999 who co-authored, Faith of My Fathers

and who both act together to reduce the United States of America to a mere territorial
region without sovereignty.
55. The actual scheme to defraud the voters in 2008 began in earnest on February 22,
2006 when the Editor of the Chicago-Kent Law School Law Review, Sarah P. Herlihy
(Kirkland & Ellis LLP), published a memorandum with approved edits of 11-23-05 entitled
AMENDING THE NATURAL BORN CITIZEN REQUIREMENT: GLOBALIZATION AS
THE IMPETUS AND THE OBSTACLE at Vol. 81: 275 , and with a special footnote
designating the author has a J.D. from Chicago-Kent College of Law, 2005 and “that the
author would like to thank Professor Graeme Dinwoodie, and the 2004–2005 Globalization
and Its Effect on Domestic Law Seminar Class for their valuable comments and insights on
this Note.” (see http://www.scribd.com/doc/48927079)
56. The key to understanding the scheme to defraud the voters in 2008 is the way the
circumvention of U.S. Constitution Article 2 Section 1 Clause 5 required two not one
version of a candidate with flaws Barack Hussein Obama II and John Sidney McCain III.
57. That in the Herlihy memorandum Part one of the paper provides a brief history and
overview of the natural born citizen requirement. Part two discusses the rational reasons
for abolishing this requirement and describes why the increase in globalization makes
abolishing the natural born citizen requirement more necessary than ever. Part three
presents the arguments against allowing naturalized citizens to be eligible for the
presidency and identifies common beliefs about globalization that will cause Americans to
rely on emotion and oppose a Constitutional amendment.
58. That according to Sarah P. Herlihy’s resume on line with the International Law firm
of Kirkland & Ellis LLP in Chicago after Ms. Herlihy was the Law Clerk to the Honorable
Michael M. Mihm, United States District Court for the Central District of Illinois, 2005 –
2006 she has been employed by the firm and in the resume she is listed with receiving the

award of the Order of the Coif whose various members of the Society are traced throughout
the Obama support network working in the conspiracy with the Candidates and Campaign
Defendants.
59. That a Principal of Kirtland & Ellis LLP, Bruce I. Ettelson, P.C., is Member of
finance committees of U.S. Senators Barack Obama and Richard Durbin.
http://www.kirkland.com (towards bottom of the page) In addition to members of the firm
making donations to the Obama campaign , Jack S. Levin, P.C., another partner who, in
December 2002 was presented the ” Illinois Venture Capital Association’s lifetime
achievement award for service to the private equity/venture capital community” presented
by Illinois Senator Barack Obama.
60. That Kirtland & Ellis LLP is a global firm with powerful international clients listed
on the website that span the business affairs of the Sovereign Military Order of Malta,
including the current client British Petroleum, and includes among its attorneys SMOM
member John Robert Bolton the prior administration’s U.S. United Nations Ambassador.
61. The Jesuits, SMOM, CFR and OPUS DEI (documented by Plaintiff in the EDNY
Case Strunk v CIA et al. 08-cv-1196) are agents of the Holy See and the Vatican sovereign
state, as agents fail to follow 18 USC Chapter 45, Vienna Conventions and related law.
62. Plaintiff’s expert witness Eric Jon Phelps affirms that the CFR and its affiliates, overseen
by the Archbishop of New York City and his Knights of Malta at the direction of the Pope of
Rome on orders of the Jesuit General, are to rebuild the Kingdom of Babylon including the City
of Babylon. This quest will be pursued under the guise of establishing a new Sunni Caliphate
with its capital in Baghdad after the destruction of the Temple Mount Mosques as well as Mecca
and Medina, which destruction will be blamed upon the USA during this present Papal Crusade
in the Middle East. There will be built a Third Hebrew Temple in Jerusalem and a Temple in

Babylon. The dicta of the Vatican mandates the Kingdom of Babylon, from Dubai to Baghdad,
will be the new economic capital of the world headed by the final Pope of Rome, murdered and
risen from the dead to be the Antichrist/Man-Beast/King of Babylon.
63. On May 28, 2010, in an radio interview with Eric Jon Phelps, in the context of a review
of Hosea 3:4-5; 6:1-2 and Romans 11:25, Count Vittorio Vivaldi III of Venice Italy proves
Islam is a Creation of the Vatican stated: “The Papacy created Islam to annihilate the Pope’s
Jewish and non-Roman Catholic Christian enemies.” States, “the Koran was completed in 649
AD Rome under Pope Theodore I…it appears, however, after further review, the Koran was
completed in 632 AD during the pontificate of Pope Honorius I (625-638 AD), later accursed by
Rome as a “heretic.”
64. And for which Count Vivaldi confirms what the ex-Jesuit priest, Alberto Rivera
stated in an interview of December 11, 2001 of How the Vatican created Islam
(see transcript at http://www.scribd.com/doc/48923143 ), which was told to him by Jesuit
Cardinal Augustin Bea while he was at the Vatican, and that based upon secret records in
the Vatican Library confirm starting in the third century the Vatican desperately wanted to
control Jerusalem acted through the Augustinian Monks to create Mohammed as the
Islamic messiah, wrote the Koran whose manuscripts are at the Vatican and prove "The
pope moved quickly and issued bulls granting the Arab generals permission to invade and
conquer the nations of North Africa. The Vatican helped to finance the building of these
massive Islamic armies in exchange for three favors”
65. To that end, both CFR members Zbigniew Kaimierz Brzezinski and George Soros
(aka George Schwartz) are directed by the Knight of Malta Peter G. Peterson, senior chair
and co-founder of The Blackstone Group, founding chair of the Institute for International
Economics, and chair of the Council on Foreign Relations.

66. That Defendant ZBIGNIEW KAIMIERZ BRZEZINSKI, (Defendant Brzezinski)
individually with his place of business at Columbia University in the City of New York
School of Foreign Affairs 2960 Broadway New York, NY 10027-6902, is both a blood
member of the SMOM on "the right" and of the Scottish Rite Freemason Grand Lodge of
Philadelphia on "the left" working for the Jesuits against the sovereign interest of the USA
and plaintiff along with those similarly situated;
67. Defendant Brzezinski as a CFR member and founding member of the Trilateral
Commission, and as National Security Advisor to five presidents maintains the belief that:
"In the economic-technological field, some international cooperation has already been
achieved, but further progress will require greater American sacrifices. More intensive
efforts to shape a new world monetary structure will have to be undertaken, with some
consequent risk to the present relatively favorable American position."
"The technotronic era involves the gradual appearance of a more controlled society. Such a
society would be dominated by an elite, unrestrained by traditional values. Soon it will be
possible to assert almost continuous surveillance over every citizen and maintain up-to-
date complete files containing even the most personal information about the citizen. These
files will be subject to instantaneous retrieval by the authorities."
68. Defendant Brzezinski‘s world outlook and agenda by evidence of writings acts for the
Society of Jesus that eclipses all other influences on SOEBARKAH, McCain and Calero.
69. That Defendant Brzezinski has managed a crucial role for the Vatican State as a
member of the SMOM and as a Freemason of the Philadelphia Grand Lodge to create global
regionalism that subsumes national sovereignty and as Former National Security Adviser
to President Carter expressed his view of regionalism at Mikhail Gorbachev’s October 1995
State of the World Forum, that quote:
“We cannot leap into world government in one quick step...The precondition for
eventual globalization — genuine globalization — is progressive regionalization.”
70. In August 2007, Brzezinski endorsed Democratic presidential candidate Barack
Hussein Obama II. He stated that Obama "recognizes that the challenge is a new face, a
new sense of direction, a new definition of America's role in the world." Also saying, "What

makes Obama attractive to me is that he understands that we live in a very different world
where we have to relate to a variety of cultures and people."
71. In September 2007 during a speech on the Iraq war, Soebarkah introduced
Brzezinski as "one of our most outstanding thinkers," but some questioned his criticism of
the Israel lobby in the United States.
72. In a September 2009 interview with The Daily Beast, Brzezinski replied to a
question about how aggressive President Obama should be in insisting Israel not conduct
an air strike on Iran saying: "We are not exactly impotent little babies. They have to fly
over our airspace in Iraq. Are we just going to sit there and watch?" This was interpreted as
supporting the U.S. downing Israeli jets to prevent an attack on Iran.
73. Defendant Brzezinski is on the faculty of Columbia University from 1960 and is now
emeritus, was on the faculty of Harvard University 1953-60. Ph.D., Harvard University,
1953; B.A. and M.A., McGill University 1949 and 1950; and holds Jesuits honorary degrees
from Georgetown University, Williams College, Fordham University, College of the Holy
Cross, Alliance College, the Catholic University of Lublin, Warsaw University, the
University of Tbilisi, the University of Vilnius, the Ukrainian Free University, the
Jagiellonian University, Comenius University (Bratislava); Tashkent University; Baku
State University (Azerbaijan);
74. That Defendant Brzezinski advised CFR members SOEBARKAH and McCain whose
campaigns used his sons, Mark who was a member of the advisors in the SOEBARKAH
Campaign and Ian who was an advisor on the McCain Campaign, all done in exchange for
his sons’ government employment and furtherance of the enterprise corruption associated
with funding raising done by George Soros and King Juan Carlos.
75. Defendant IAN J. BRZEZINSKI individually has his place of business is located at
The Atlantic Council Headquarters 1101 15th Street, NW, 11th Floor Washington, D.C.

20005 U.S.A. Tel: (202) 463-7226 Fax: (202) 463-7241; he is son of Polish American political
scientist, geostrategist, and statesman Zbigniew Brzezinski, brother of American lawyer
and foreign policy expert Mark Brzezinski.
76. Defendant Ian J. Brzezinski was the Foreign policy advisor to the campaign of John
Sidney McCain III.
77. Ian Joseph Brzezinski is a Senior Fellow in the International Security Program and
is on the Atlantic Council’s Strategic Advisors Group. During George W. Bush presidency of
the United States, he served as Deputy Assistant United States Secretary of Defense for
Europe and NATO Booz Allen Hamilton, Inc. providing policy and technical support to U.S.
combatant commands and foreign clients. Policy (2001–5). Brzezinski is frequent
contributor of American press on foreign policy issues today; he leads the Brzezinski Group
at the Atlantic Council, which provides strategic insight and advice to government and
commercial clients.
78. Defendant MARK BRZEZINSKI is an American lawyer and foreign policy expert
place of business is located at McGuire Woods LLP 2001 K Street N.W. Suite 400
Washington, D.C. 20006-1040 T: 202.857.1717 F: 202.828.2989
mbrzezinski@mcguirewoods.com
79. He is the son of Polish-born former National Security AdvisorZbigniew Brzezinski.
Brzezinski graduated from Dartmouth College with a Bachelor of Arts in government,
earned a J.D. from the University of Virginia Law School, and holds a D.Phil. in political
science from Oxford University. He also earned a Fulbright Scholarship to study the Polish
Constitutional Court. He was a corporate and securities associate at Hogan & Hartson LLP
in Washington, D.C. from 1996-1999. From 1999-2001, Mr. Brzezinski served in the Clinton
administration as a director of Russian/Eurasian — and later Southeast European affairs -
of the National Security Council at the White House. In that capacity, he was White House

coordinator for U.S. democracy and rule of law assistance programs for the region. He is
currently a partner in the Washington, D.C. office of the law firm McGuireWoods, where he
manages the international practice.
80. Defendant Mark Brzezinski was a foreign policy advisor to the presidential
campaign of Barack Hussein Obama II.
81. That Plaintiff with those similarly situated are denied individual 1st, 5th , 9th and
10th amendment rights to sovereignty and a republican form of government as well as
financial injury for the cost of the 2008 election cycle in New York..
Does are part of an enterprise who have overthrown the government of the United States in
conjunction with SOEBARKAH, Joseph Biden, McCain, Calero and their agents at the
state and national level with those other candidate elector slates of other states of the
several states.
83. Defendant SOEBARKAH and Defendant McCain as part of Soebarkah’s’ Republican
Guard committed perjury before a Federal Officer in violation of 18 USC §1001 as part of
the racketeering enterprise corruption.
84. That Defendants infringe Strunk’s individual liberty, expectation of a republican
form of government, and burden his expectation of effective participation in the general
election were the laws not enforced in good faith with the duties of their office.
85. Plaintiff is the only person in the USA to have duly fired fired fired BHO on
January 23, 2009 by registered mail (rendering BHO the USURPER as Plaintiff is entitled
to characterize BHO as) on the grounds that he had not proven himself eligible to be the
administrator / trustee of Plaintiff’s private account at the U.S. Treasury as required by
U.S. Constitution Article 2 Section 1 clause 5 with a pending Replevin matter in the
District of Columbia; and all acts by the usurper are void ab initio – a serious problem!

86. Further, that the Honorable Justice David I. Schmidt in the NYS Supreme Court
Case Strunk v. Paterson et al. in the County of Kings with index 08-29642 declined to sign
a subpoena order to obtain document records of Stanley Ann Dunham (SAD) from US DOS,
and that thereby forced Plaintiff as the only alternative to obtain the passport records of
SAD in FOIA case DCD 08-cv-2234;
87. Further, that Plaintiff FOIA case in Washington D.C. DCD 08-cv-2234 (RJL)
presently has a decision pending on a Summary Judgment that Plaintiff opposes, as there
has been a preponderance of evidence showing that federal parties and those yet named
have committed a fraud upon that court and have violated 18 USC §1001.
88. Further, that not all the requested documents are now essential for the continuation
of Plaintiff’s action before Justice David I. Schmidt as here demonstrated.
89. Furthermore, New York State Board of Elections individuals; the New York State
Secretary of State individually, the New York State Attorney General Andrew Cuomo
individually as an elector along with John and Jane Does have conspired inter alia for a
breach of fiduciary duties under color of state law enacted by the State Legislature to
protect Plaintiff’s along with those similarly situated right to a reasonable expectation of
participation and success with a proper ballot for the New York electoral college election of
the 2008 president and vice president of the United States of America in accordance with
United States Constitution Article 2 Section 1 Clause 5.
(Scheme for Unjust Enrichment, against All Defendants)
90. Plaintiff repeats each and every allegation contained in the First through Second
91. That based upon information and belief Russia, Iran , Syria, Saudi Arabia,
Indonesia, Lebanon, Nigeria, Libya, Egypt, Dubai among other sovereign foreign entities

and persons have illegally contributed to the campaign of Defendant SOEBARKAH who
spent $738,812,857 to seize control of the White House and is 46% of the total money raised
for all candidates in the 2008 Presidential Election that compares to three hundred and ten
million spent by Defendant McCain; and as part of the scheme to defraud the Vatican Bank
was used as an intermediary for transfer of funds into its USA landing Banks in New York
that with the release of the banking records of the SOEBARKAH campaign committee will
show substantial illegal foreign involvement to launder funds to buy the presidency as
previously done in the instance of James Riady of the Indonesian Lippo Group for Bill
Clinton in 1992 was not convicted by the DOJ until January 11, 2001.
92. Defendant GEORGE SOROS (a.k.a. George Schwartz) with place for service at Soros
Management 888 7th Avenue Suite 3300 New York, NY 10106, is a Member of: the Council on
Foreign Relations, the Carlyle Group, Major Stockholder: Halliburton, Financial Backer of
Barack Hussein Obama, Friend of Rupert Murdoch (1), and a high level Freemason.
93. Defendant George Soros proves his allegiance to Rome by promoting Muslim
Brotherhood overt control of Egypt---now a reality. We cannot forget that the Jesuits in
Cairo created the Muslim Brotherhood in 1928, the same year the Order created Opus Dei
in Spain. Egypt is to be the staging base for an Islamic invasion into Israel from the South-
--somewhat like the 1973 Yom Kippur War that was intended not to succeed in destroying
the Pope's Revived Latin Kingdom of Jerusalem (Israel) as the Third Temple must be built
with Jews in Jerusalem acting as a buffer between the Pope's Masonic Labor Zionist
leaders of Israel and resident Arab Muslim "Palestinians," the invasion will serve as the
justification for a US and possible EU military intervention during which time the Temple
1
Rupert Murdoch is a Member: Council on Foreign Relations, Knights of St. Gregory, Owner: Fox
News Network and News Corp / Twentieth Century Fox, Friend of George Soros, Occult Protector of
Barack Hussein Obama Bill O’Reilly – The O’Reilly Factor and Glenn Beck

Mount Mosques will be destroyed, and that destruction will be blamed on the U.S.A.
thereby inciting the unity of international Sunni Islam and its future invasion of U.S. soil.
94. According to investigative Journalist Aaron Klein, as of February 10, 2011,
Defendant Soros created an international securities fund for the “Country of Palestine”, in
which Defendants Soebarkah and Soros are major shareholders to benefit.
95. Investigative journalist Aaron Klein, Jerusalem bureau chief for World Net Daily,
reports of collaborative actions of both Defendants Soros and Brzezinski that:
An international “crisis management” group led by philanthropist billionaire George

Soros has long petitioned the Egyptian government to normalize ties with the
Muslim Brotherhood.
The International Crisis Group, or ICG, also released a report urging the Egyptian
regime to allow the Brotherhood to establish an Islamist political party.
The ICG includes on its board Mohamed ElBaradei, one of the main opposition
leaders in Egypt, as well as other personalities who champion dialogue with Hamas,
a violent offshoot of the Muslim Brotherhood.
In a June 2008 report entitled “Egypt’s Muslim Brothers Confrontation or

Integration,” Soros’ ICG urges the Egyptian regime to allow the group to participate
in political life.
The report dismisses Egypt’s longstanding government crackdown on the Muslim

Brotherhood as “dangerously short-sighted.”
The ICG report called on President Hosni Mubarak’s regime to “pave the way for the
regularization of the Muslim Brothers’ participation in political life,” including by
allowing for the “establishment of a political party with religious reference.”
The ICG specifically stressed allowing the Brotherhood to serve as an Islamist party
several times in its 2008 report.
The ICG and its personalities have long petitioned the Muslim Brotherhood to be
allowed to join the Egyptian government.
WND reported earlier this week Soros is one of eight members of the ICG executive
committee.
ElBaradei suspended his board membership in the ICG two weeks ago, after he
returned to Egypt to lead the anti-Mubarak protests.

U.S. board members include Zbigniew Brzezinski, who was national security adviser
to Jimmy Carter; Samuel Berger, who was Bill Clinton’s national security adviser;
and retired U.S. ambassador Thomas Pickering, who made headlines in 2009 after
meeting with Hamas leaders and calling for the U.S. to open ties to the Islamist
group.
Another ICG member is Robert Malley, a former adviser to Obama during the 2008
presidential campaign who resigned after it was exposed he had communicated with
Hamas. WND first reported Malley had long petitioned for dialogue with Hamas.
The ICG defines itself as an “independent, non-profit, multinational organization,
with 100 staff members on five continents, working through field-based analysis and
high-level advocacy to prevent and resolve deadly conflict.”
Meanwhile, Soros also has other ties to opposition groups in the Middle East.
His Open Society Institute’s Middle East and North Africa Initiative has provided
numerous grants to a wide range of projects that promote so-called democratic
issues across the region, including in Egypt, where the Muslim Brotherhood stands
to gain from any future election.
Soros’ Open Society also funded the main opposition voice in Tunisia, Radio Kalima,
which championed the riots there that led to the ouster of President Zine El Abidine
Ben Ali.
In September, Soros’ group was looking to expand its operations in Egypt by hiring a
new project manager for its Egyptian Initiative for Personal Rights, which is run in
partnership with the Open Society Justice Initiative. The group is seeking to develop
a national network of legal empowerment actors for referral of public-interest law
cases. Such organizations in the past have helped represent Muslim Brotherhood
leaders seeking election or more authority in the country.
Soros himself on Friday made public statements in support of the protests in Egypt,
which the Mubarak government has warned will result in the rise of the Muslim
Brotherhood in the country.
In a Washington Post editorial entitled, “Why Obama Has to Get Egypt Right,”
Soros recognized that if free elections were held in Egypt, “the Brotherhood is bound
to emerge as a major political force, though it is far from assured of a majority.”
He stated the U.S. has “much to gain by moving out in front and siding with the
public demand for dignity and democracy” in Egypt.
He claimed the “Muslim Brotherhood’s cooperation with Mohamed ElBaradei … is a

hopeful sign that it intends to play a constructive role in a democratic political
system.”
Soros did not mention his ties to ElBaradei.
Soros did, however, single out Israel as “the main stumbling block” in paving the
way toward transition in the Middle East.

“In reality, Israel has as much to gain from the spread of democracy in the Middle
East as the United States has. But Israel is unlikely to recognize its own best
interests because the change is too sudden and carries too many risks,” he wrote.
96. Defendant George Soros and his agents bundled foreign donations for the Soebarkah
Campaign with the Vatican landing bank JP Morgan Chase in New York state (2).
97. That Defendant Soros has managed a crucial role for the Vatican State as a member
of the CFR and high level Freemasonry and in conjunction with King Juan Carlos to create
global regionalism that subsumes national sovereignty of the USA and the People of New
York state to the detriment of plaintiff and those similarly situated.
98. Each of the Candidate Defendants and their agents have been unjustly enriched by
the referenced activities to disrupt the election without assuring a duly eligible Presidential
Candidates for the Republican, Democrat and Socialist Workers party under color of state
law, that violates Plaintiff’s and those similarly situated State voter right, imposing
expense as a taking as applies in its entirety with election costs levied upon real property.
2
There are three direct Vatican Banking mechanisms used to channel money into the
United States:
(i) The Vatican Bank number UID# 014780 BIC/SWIFT : IOPRVAVX a.k.a ISTITUTO PER
LE OPERE DI RELIGIONE of VATICAN CITY in the VATICAN CITY STATE and for which there
are seven (7) banking participants as the landing banks for international wire transfers into the
USA and who directly benefited by putting Obama into office: 0001 THE BANK OF NEW YORK
MELLON; 0002 JPMORGAN CHASE BANK, N.A.; 0008 CITIBANK, N.A.; 0103 DEUTSCHE
BANK TRUST CO AMERICAS; 0108 HSBC BANK USA; 0256 STANDARD CHARTERED BANK;
0509 WELLS FARGO NY INTL FKA WACHOVIA; needless to say the Vatican Bank and the
participating banks are generally owned by the Vatican through the Rothschild who have managed
the Vatican asset since 1824 and keep that control tightly within the family circle even as far back as
Alexander Hamilton who having married a Rothschild cousin setup the Bank of New York in 1784
that only after great effort became chartered after 1791 when he became the US Treasurer; and
(ii) further, the International Catholic Union of the Press (UCIP) is used for the World
Forum of Professionals and Institutions in Secular and Religious Media with the Address: UCIP, CP
197, 1211 Geneva 20, Switzerland and the Vatican name of the account holder: UCIP with the name
of the Bank: IOR, Vatican Swiftcode: IOPRVAVX Account number in Europe: 16586001
http://www.ucip.ch/une/ib.htm and in which the Vatican Interbank clearing account in the US is
with JPM CHASE MANHATTAN BANK NEW YORK Account no.: 001-1-97500; and
(iii) further yet, The Vatican Bank: ISTITUTO PER LE OPERE DI RELIGIONE =
INSTITUTE FOR THE RELIGION WORKS in which the Institute for Works of Religion (Italian:
Istituto per le Opere di Religione - IOR) commonly known as Vatican Bank was formed during World
War 2 and is located inside the Vatican City.

99. That Defendant SOEBARKAH used campaign finance committees nationally and in
New York State according to records maintained by the Defendant NYS BOE include but
are not limited to: OBAMA FOR AMERICA by Martin H. Nesbitt, Treas. PO Box 8102
Chicago, IL 60680 ; OBAMA VICTORY FUND by Andrew Tobias, Treas. 430 South
Capitol Street SE Washington DC 20003; among others used exclusively in New York state;
and that Defendant Soebarkah conspired with Defendant Nancy Pelosi individually with
place of business located at Washington, D.C. Address 235 Cannon House Office Building
Washington, DC 20515-0508, along with the DEMOCRATIC STATE COMMITTEE OF
THE STATE OF NEW YORK located at 461 Park Avenue South New York, NY 10016 ,
STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE
located at 2-4 Nevins Street Floor 3 BROOKLYN, NY 11217 and XYZ JOINT
FUNDRAISING COMMITTEES to use the funds associated with the campaign.
100. That Defendant John Sidney McCain III, individually then located at 3501 North
24th Street Phoenix, AZ 85016 used campaign finance committees nationally and in New
York state according to records maintained by the Defendant NYS BOE, and that include
but are not limited to the MCCAIN VICTORY 2008 located at 228 S WASHINGTON ST
STE 115 ALEXANDRIA, VA 22314; MCCAIN-PALIN VICTORY 2008 & The New York
Finance Committee Road to Victory Tour located at 228 S WASHINGTON ST STE 115
ALEXANDRIA, VA 22314, and that Defendant John Sidney McCain located at Campaign
Address 2211 East Camelback Road Phoenix, AZ 85016 and place of business at
Washington, D.C. Address 241 Russell Senate Office Building Washington, DC 20510,
conspired with Defendant John A. Boehner, individually along with THE NEW YORK
STATE REPUBLICAN STATE COMMITTEE located at 315 STATE ST, ALBANY, NY
12210-2001 , THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY
located at Frank MacKay, Chairman Independence Party of New York State PO BOX 871

Strunk v. NYS BOE e t al. NYS Supreme Court County of Kings 29642-08
Lindenhurst, N Y 11757, STATE COMMITTEE OF THE CONSERVATIVE PARTY OF
NEW YORK STATE located at 486 7- STREET BROOKLYN, NY 11209, and XYZ
J O ~ ~ ~ S COnIMTCEB
I N G to use the funds associated with the campaign.
101. That D e 5 d a n t R6ger Calero, individually used campaign h c e committees
nationally and in New York state according to records maintained by the Defendant NYS
BOE, and that include but are not limited to persons associated with THE SOCIALIST
WORKERS PARTY located at Committee Address: 1000 Grand Concourse, #4A Bronx, NY
,and
10451, read more: htto~/www.u~-data.com/eled)8IC~RO.h~~14RI~R4iu
XYZ JOIZVTFDNDRATSING COMM7777XESto use associated funds with the campaign.

102. That all the Defendants are liable having been culpable to jointly and severally aid
and abet soliciting and false billing of Defendant Presidential Candidate campaigns with
associated funds from the New York state taxpayers in the excess of say $10,000,0~0.00or
more, are liable for the cost of elections, with interest, and coat of suit caused by the fraud.
WHEREFORE,Plaintiff wiahes a preliminary injunction hearing and a partial

summary judgment under CPLR 93001 against the Defendants and such other relief as the
Court deems jPet including:

a. That the Court order expedited discovery to determine the mope of the alleged
$10,000,000.00 or more actual damages plus after conducting hearings and jury
trial to determine the scope of punitive treble damages;
b. And for further and different relief as the Court may deem necessary herein.
Dated: February. 152011

Brooklyn, New York &F& I '
Christopher-Earl: Strunk, in esse, Plaintiff

self-representwithout being an attorney
(845) 901-6767 E-mail: c M t r u n k . w g

VERIFICATION AFFIDAVIT
STATE OF NEW YORK . )

) Em-
COUNTY OF RINGS )
Accordingly, I, Christopher Earl Strunk, being duly sworn,.depose and say under
penalty of pejury:
I have read the foregoing h t Amended Complaint with three Causes of
Action against Defi?ndantsin their official capacity and individually, in which I
request a Declaratory Judgment as to the breach of fiduciary duty by State Officiah
as to unequal treatment of Presidential candidate ballot access be issued upon
Plaintiff request hr a partial summary judgment for equity relief and that there
must be a jury trial on the scheme to defraud and determination of liability based
upon a bill of particulars for say $10,000,000.00 in damages plus treble damages;
and I know the contents thereof apply to me by misapplication and administration
of laws as the same is true to my own knowledge, except as to the matters therein
stated to be alleged on information and belief, and as to those matters I believe it to
be true, The grounds of my beliefs as to a l l matters not stated upon information and
belief are as follows: 3rd par tie^, books and records, and personal knowledge.
Sworn to before me
This If day of February 2011
-
EDDIE HAMPTONJR.
Notary Public, State of New York \
-..
..
No 01HA6044027
(lusljfi& in ~i~~~c o u ~ First Amended ~ d m 9 i i nPage
t 30 of 30
Commission Expires June 26,2014
SUPREME COlTRT OF THE STAm OF NEW YORR
-~~-
COUNTY OF EENGS Index No.: 29642 / 08
------------------------------"------------------------------------------____
X
Christopher-Earl: Strunk, in.e m
plain-
NEW YORK STeL"1'E BOARD OF ELl3CTIONS; JAMES A.

WALSH / Co-Clhair, DOUGLAS A. KELLNER 1 Co-Chair,
EVELYN J. AQXIILA / Commissioner, GREGORY P.
PETERSON / ChmmiAsioner, Deputy Director TODD D.
VALENTINE, Ikputy Director STANLEY ZALEN,
THOMAS P. D'iNAPOLI, individually and RUTH NOEM
COL~N New Yark State Acting Secretary of State, in their
Official capacity; ZBIGNIEW KAIMIERZ BRZEZINSKI,
MARK BRZEZINSKI; SOEBARKAH (a.k.a. Barry Soetoro,
O B M FORAMERCA OBAMA MCTORYFUW
COMMll'TEE OF THE STATE OF NEW YORK; STATE
COMMIllTEE O F THE WORKING FAMILIES PARTY OF
NEW YORK STATE; R ~ G E RCALERO, individually;
THE SOCIALIST WORKERS PARTY; IAN J. BRZEZINSKI-,
JOHN SIDNEY MCCAIN 111,.individually;
M C C i WC7WRY2008: MCCl4LN-Pm VICTORY2008;
REPUBLICAN STATE COMMIITEE; THE NEW YORK STATE
COMMITTEE OF TKE INDEPENDENCE PARTY; STATE
COMMIlTEE OF THE CONSERVATIVE PARTY OF NEW
YORK S T A m GEORGE SOROS; XYZ J0l;YTFUADRATS~G
C O W m ' ;John and Jane Does; and XYZ Entities.
Defendants.
------------ ..-.."--"........------..----------"--------- X
AMENDED SUMMONS
. ~ A ~D ~ E COMPLAINT
~ E D
J&$&
V E
7
Dated: Brookbm,N Yo*

February i - ,7
Christopher-Earl: Strunk, in esse plaintiff

(845)901-6767E-mail: chriatrunk.ws

COUNTY OF KINGS
---------------------------------------------------------------------------x
Plaintiff, (Hon. Justice David I. Schmidt)
-against- MEMORANDUM OF LAW

David A. Paterson (NYS Governor), Andrew Cuomo COMBINED IN SUPPORT OF
(NYS Comptroller), Sheldon Silver (NYS Speaker of LEAVE TO FILE PROOF OF
Hakeem Jeffries (NYS Assemblyman for the 57 AD), SERVICE NUNC PRO NUNC,
William Thompson (NYC Comptroller), LEAVE TO REARGUE NOM FOR
(President pro tempore of the NYS Senate) in their LEAVE TO FILE FIRST AMENDED
Candidate Presidential Electors as a class, in their official COMPLAINT AND TO REARGUE
Defendants.
-------------------------------------------------------------------------x
I am plaintiff Christopher-Earl: Strunk in esse, self represented without being an
attorney, respectfully submit this combined Memorandum of Law in support of: Notice
of Motion for leave to reargue leave to file a first amended complaint (see Exhibit 1),
declined January 11, 2011 by ORDER and Notice of Entry (see Exhibit 1 sub-exhibit B);
motion for leave to file proof of service nunc pro tunc (see Exhibit 2); and here reargues
in support of the First Amended Complaint on the basis of Court misapprehension of
issues raised at the hearing without transcript memorialized by the Plaintiff January
18, 2011 (see Exhibit 3):
First, the Original Disposition of Law from the Decision and Order in Article 78
Petition 29641-08 that is germane herein (see Exhibit 2 sub-exhibit E) is a matter of
first impression that the disposition in the original order by the Court becomes, in
effect, “the law of the case,” a doctrine that operates like an intra-action collateral
estoppel. The conclusion of the Decision and Order states:
“Electors of president and vice president are thus specifically excluded from the
state officer definition set forth in the Public Officers Law. Hence, the designated
Combined Memorandum of Law Page 1 of 12

respondents, contrary to petitioner's claims, violate no New York State

Constitutional provision by holding public officer positions while also serving as
electors.
“The court further concludes that the New York State Constitutional provisions
raised by petitioner do not prohibit the designated respondents from holding
their respective public offices as well as simultaneously serving as electors even
assuming that electors of president and vice president are public officer
positions. In this regard, the court finds that petitioner's reliance upon Article
III, § 7 of the New York State Constitution as barring the respondents from
serving as public officers while also serving as electors of president and vice
president is without merit.
“Article III, § 7, in pertinent part, provides that: "No member of the legislature
shall, during the time for which he or she was elected, receive any civil
appointment from the governor, the governor and the senate, the legislature or
from any city government, to an office which shall have been created, or the
emoluments whereof shall have been increased during such time" (emphasis
added). Article III, § 7 further provides that acceptance of a permissible
appointment thereunder "shall vacate his or her seat in the legislature"
(emphasis added).
“This constitutional provision expressly precludes a member of the legislature

from accepting certain appointed as opposed to elected positions. Election Law §
12-100 3 makes it clear that presidential and vice presidential electors are
candidates for office and therefore elected to said position, not appointed.
Consequently, New York State Constitution Article III, § 7 is inapplicable
herein. 4
“Additionally, the court rejects petitioner's argument that Article XIII, § 7 of the
Constitution bars respondent public office from holding more than one public
office for which he receives compensation. Article XIII, § 7, entitled
"Compensation of officers," provides as follows:
Each of the state officers named in this constitution shall, during his or
her continuance in office, receive a compensation, to be fixed by law,
which shall not be increased or diminished during the term for which he
or she shall have been elected or appointed; nor shall he or she receive to
his or her use any fees or perquisites of office or other compensation.
“This constitutional provision governing compensation for state officers and

legislative members prohibits an officer from receiving extra (increased)
compensation beyond his or her regular salary for performing their duties as said
officer, and further bars any decrease in salary during his or her current term of
office. This provision does not expressly forbid a public officer from receiving
additional compensation attributable to simultaneously holding another public
office. Clearly, petitioner has failed to establish that there is any constitutional

prohibition against respondents holding their respective public offices as well as

simultaneously serving as electors of president and vice president. “
Collateral estoppel technically operates only on a final judgment, and is not
involved when only an interlocutory order is the subject. (Siegel, New York practice
§ 448 (4th ed. 2005)). Under the law of the case doctrine (1), “[t]he decision being
followed need not to be reduced to an order before it can be given preclusive effect
later in the proceeding.” In re Estate of Levinson, 11 A.D.3d 826, 7xx N.Y.S.2d 165
(3rd Dept. 2004), lv. denied 4 N.Y.3d 704, 7xx N.Y.S.2d 1 (2005). When the law of the
case doctrine is involved as it is when Judge One renders a decision, it makes the
decision “binding upon all courts of co-ordinate jurisdiction and they are not to
arrogate to themselves powers of appellate review.” G. W. Collins, Inc. v. Olsker-
McLain Indus., Inc., 22 A.D.2d 485, 257 N.Y.S.2d 201, 205 (4th Dept. 1965). CPLR
2221(a), in effect implements the spirit of the law of the case doctrine by a
prevailing party who was heard on a motion from attempting to use the order by an
inconsistent ruling from Judge Two.
Second, that Plaintiff was obligated in the companion Complaint to the Petition
to allege criminal wrongdoing by defendants with those similarly situated in order
for authorities to act; as Plaintiff has the duty to establish whether or not a criminal
action against defendant/ respondents exists within the question of first impression
presented in the Petition and thus affecting the complaint thereafter; and that the
1
The law of the case doctrine precludes reconsideration of a previously decided
issue unless one of three "exceptional circumstances" exists: (1) when substantially
different evidence is raised at a subsequent trial; (2) when a subsequent contrary
view of the law is decided by the controlling authority; or (3) when a decision is
clearly erroneous and would work a manifest injustice.

phrase “sufficient cause” within a statute that would require [the court] to hold a
defendant to answer if it appears from examination that public offense has been
committed and there is “sufficient cause” within statute providing that information
must be set aside where defendant has been committed without “reasonable or
probable cause”. West’s Ann.Pen.Code, §§ 872, 995. –People v. Brice, 44 Cal.Rptr.
231, 234 Cal.App.2d 258.—Criminal Law 238(2) with a New York equivalent in
related law.
Third, that service of both the Petition and Complaint had to be effected
simultaneously due to the nature of criminal allegations to give the defendants and
respondents fair and reasonable notice as the Court ORDER granted (see Exhibit 2
sub-exhibit B);
That those with authority over matters of malfeasance of public officers and
involving a constitutional tort gave Petitioner/Plaintiff the obligation to serve notice
upon such authorities with responsibility and duty to determine if there is “cause”
or “sufficient cause” to authorize a removal from office of an official mean legal
cause, and not any cause which the council [Plaintiff] may think sufficient. –Zurich
General Acc. & Liability Ins. Co. v. Kinsler, 81 P.2d 913, 12 Cal.2d 98 with a New
York equivalent in related law.
That Plaintiff had to establish that there is “sufficient cause” and “reasonable
and probable cause” to hold accused for offense charged means such statement of
facts would lead to men of ordinary caution or prudence to believe and
conscientiously entertain strong suspicion of accused’s guilt, and sufficient cause
may exist although there may be some room for doubt. –Hendrix v. Superior Court

in and for Los Angeles County, 21 Cal.Rptr. 616, 203 Cal Aped 421—Criminal law
238(2) with a New York equivalent in related law.
Plaintiff civil cause of action (the Complaint shown as Exhibit 4) with allegations
of criminal participation of those Defendants named in the civil complaint that
would require State officers removed from office by a statute authorizing the
removing of an officer for “sufficient cause,” including incapacity and official
misbehavior, contemplates a cause relating to the administration of his office,
affecting the rights and interests of the public.—Lancaster v. Hill, 71 S.E. 731, 136
Ga. 405, Am.Ann.Cas. 1912C, 272 with a New York equivalent in related law.
Fourth, that notwithstanding the meritorious nature of Plaintiff’s case with
simultaneous service of both the Petition and Complaint by Court ORDER shown as
Exhibit 2 sub-exhibit B, Plaintiff in good faith with CPLR §307 and §308 on
December 1, 2008 did effect Summons and Verified Complaint personal service
upon the Counsel designated for the NYS Board of Elections with authority over
conduct of elections, Attorney General Andrew Cuomo with authority over
investigation of criminal matters and civil injury infringement, and non-defendant
Secretary of State Lorraine A. Cortez-Vazquez that the Help America to Vote Act
(HAVA) Section 213 (a) (1) (A) grants State Officer authority with Federal Officer
authority over elections and electoral college slates to be transmitted to Congress to
be a supplemental defendant after the election of November 4, 2008 without
appropriate action taken.
It is Plaintiff’s understanding in the matter of “completion” of Service that
jurisdiction under CPLR §308(2) attaches when the two steps delivery and mailing are

performed. Nevertheless, the state imposes a requirement that proof of service be filed
with the clerk of the court as a step in making service “complete.” Completion of
service is the event that starts the running of defendant 30-day time limit to appear in
the action see CPLR §320(a). The plaintiff is directed to file the proof of service within
20 days whichever service step---delivery or mailing---is performed second. Service is
complete 10 days after the filing of the proof of service. Proof of service is described in
CPLR §306. With respect to service under CPLR §308(2), the proof of service must
contain a proper description of the person to whom delivery is made and statement of
date, time and place of service. The filing of proof of service under CPLR §308(2) is not
jurisdictional in nature. It is merely a step in making service complete which in turn
triggers the defendant’s responsive obligation under CPLR §320(a). Helfand v. Cohen,
1985, 110 A.D.2d. 7x, 487 N.Y.S.2d 177 (1st Dept.). See also Conde v. Zaganjor, 20x 66
A.D.3d 947, 886 N.Y.S.2d 829(2nd Dept.) (Same rule application under CPLR §308(4)).
Thus delaying filing of proof of service is nothing more than a procedural irregularity
that can be cured by order of the court allowing the filing “nunc pro tunc” See
Weininger v. Sassower, 1994 xx A.D.2d 715, 612 N.Y.S.2d 249 (2nd Dept). The only
procedural consequence of belated filing is postponement of defendant time to appear.
See, e.g. Rosato v. Ricciardo, 1991, 174 A.D.2d 937, 571 N.Y.S.2d 633 (3rd Dept.)
(Plaintiff’s failure to file proof of service could be corrected nunc pro tunc, but
retroactive entry of a default judgment would be improper because defendant’s time to
appear never began to run). That tardy plaintiff seeks to actually obtain a court order
permitting a late filing of proof of service. The court in Zareef v. Wong, 2009, 61 A.D.3d
749, 877 N.Y.S.2d 182 (2nd Dept), held that a plaintiff’s unilateral filing of an untimely
proof of service was a “nullity” that did not trigger the defendant’s time to answer. The

plaintiff, therefore, was precluded from entering a judgment against defendant(s).
Fifth, Plaintiff good faith mistake when he failed to “complete” the Proof Service
filing with the clerk of the court within ten days of the personal service accomplished on
December 1, 2008 (see Exhibit 2 sub-exhibit D), that as within the meaning of CPLR
§205(a) required leave within six months to file such proof nunc pro tunc, and therefore
bars Defendant(s) and Plaintiff application for default judgment as to Defendant(s) or
Plaintiff without leave unless service effect on October 30, 2008 were deemed sufficient
as the ORDER stated, Defendant NYS Board of Elections defaulted on both an answer.
Sixth, that the Decision and Order (shown as Exhibit 2 sub-exhibit E) determined
how to apply the Original Disposition of Law in a required supplement to the complaint
to be filed after the finding of law and discovery;
Seventh, that Plaintiff’s request for subpoena discovery of facts that would
determine what supplement would be required was declined by this Court, and then
with no alternative Plaintiff sought FOIA discovery as to the whereabouts of the
mother at the time of the BHO birth, then filed the case in U.S.D.C. in Washington
D.C. Strunk v. U.S. Department of State et al. 08-cv-2234 for release of documents;
with a portion released July 29, 2010 allowing Plaintiff to supplement the complaint by
the November 11, 2010 proposed Amendment (see Exhibit 1 sub-exhibit A) and then
with the CPLR §3016(b) more definite statement of February 15, 2011 (see Exhibit 5)
by verified civil complaint of (i) breach of fiduciary duty as to Public officers ultra vires
malfeasance, (ii) scheme to defraud and (iii) unjust enrichment, without the allegations
of criminal wrongdoing.
To avoid dismissal of a complaint for failure to enter default judgment within one
year after default that occurred, a plaintiff must offer a reasonable excuse for delay in

moving for leave to enter default, and must demonstrate that complaint is meritorious.
DuBois v. Roslyn Nat. Mortg. Corp. (2nd Dept. 2008) 52 A.D.3d 564, 861 N.Y.S.2d 73.
Plaintiff has sufficient cause for delay for more that one year in moving for default
judgment, in that various parties [Plaintiff] were [was] pursuing their [his] interests in
federal action involving same issues. 222 First Ave. Realty Inc. v. Vijax Fuel Oil Corp.
(1st Dept. 1995) 213 A.D.2d 238, 623 N.Y.S.2d 250.
Eighth, that there is sufficient cause for Plaintiff failure to file for a default
judgment within one year even were all the other procedural issues of completion of
filing of the proof of service, and also, if filing of the supplement to amend the complaint
and summons were already done;
That a sua sponte dismissal of complaint and action on ground that plaintiff had
failed to enter judgment within one year following default is not mandatory and may
not be had where plaintiff establishes sufficient cause for delay. Maidenbaum v. Ellis
Hospital (3rd Dept. 1975) 47 A.D.2d 683, 364 N.Y.S.2d 233.
Defendant was not entitled to dismissal of action on ground that plaintiff failed to
enter default judgment within one year of time that defendant allegedly defaulted;
because proof of service had yet to be filed, defendant never defaulted in appearing, and
plaintiff thus could not have properly entered default judgment. Parcha v. County of
Nassau (2 Dept. 1996) 228 A.D.2d 422, 643 N.Y.S.2d 637.
That the failure of NYS Board of Elections to provide the FOIL request of evidence
of ballot certification has delayed Plaintiff unnecessarily, and is evidence that should
sustain trial court’s finding plaintiff actively prosecuted the claim and that defendants
were not prejudiced by the delay, and defendants’ argument that the failure to enter
default against them within one year entitled them to dismissal was not persuasive,

since plaintiff had been engaged in lengthy discovery, frustrated in part by a principal
of both partnership defendants [NYS BOE]. Cerrato v. Thurcon Const. Corp. (1st Dept.
1983) 94 A.D.2d 642, 462 N.Y.S.2d 198.
Ninth, that there is sufficient cause for Plaintiff failure to perfect the case before
filing a note of issue for trial.
Were Plaintiff to make an application without necessary prima facie facts would
have been denied and would require that on application for default judgment,
submission must make prima facie showing that relief prayed for is granted. Worldwide
Asset Purchasing, LLC v. Karafotias, 2005, 9 Misc.8d 390, 801 N.Y.S.2d 721.
In the matter of Appeal and Error, the Court has discretion in the matter of defaults
not entered within one year. Although the determination of what constitutes a
reasonable excuse for delay in seeking default judgment lies within the sound
discretion of the trial court, reversal is warranted if that discretion is improvidently
exercised. Staples v. Jeff Hunt Developers, Inc. (2nd Dept. 2008) 56 A.D.3d 459, 866
N.Y.S.2d 756.
In one applicable case, a plaintiff State had applied for judgment with an affidavit of
facts supplied by the state in connection with its application for default judgment,
which merely asserted, in one sentence, that basis for action against defendant, which
had delivered fuel to gasoline service station, was “failure to pay or repay costs
incurred” by state for cleanup and removal of petroleum discharge, did not make a
prima facie showing of state’s case against defendant as alleged discharger of petroleum
on land, as required to support the application for default judgment. State v. Williams
(3rd Dept. 2007) 44 A.D. 3d 1149, 843 N.Y.S.2d 722, on remand 20 Misc.3d 1106(A), 866
N.Y.S.2d 95.

To avoid dismissal of complaint as abandoned, plaintiff must offer reasonable excuse
for more-than-one year delay in moving for leave to enter default judgment, and must
demonstrate that complaint is meritorious. Key Waterproofing Corp. v. Ray Realty
Fulton, Inc. (2nd Dept. 2005) 23 A.D.3d 624, 804 N.Y.S.2d 815.
Plaintiff has a meritorious case
As a result of the July 29, 2010 U.S. Department of State release of some of the
requested documents associated with Stanley Ann Dunham, for the first time anywhere
Soebarkah has been authenticated to be the given name, of what till now has been
alleged only to be Barack Hussein Obama, when he was adopted by an Indonesia step-
father that would have occurred in the USA rather than Indonesia, and thereby
supports Plaintiff’s theory of failure of BHO to be NBC or even naturalized.
That in September 2010, as a result of Clark Hamblin of Arizona contacting
Plaintiff in regards to the Treaty conditions defining the jurisdiction over Colon
Panama that was not a part of the USA territorial claim of the USA, and with the
authentication by Donald Lynn Lamb, Esq., the representative of the Panama Railroad
Company, having jurisdiction over the Colon Hospital where the birth certificate was
issued for John Sidney McCain III, it has been discovered that Plaintiff along with
those similarly situated were injured as a result of a much bigger scheme to defraud
beyond that of merely those persons who have foisted the “native” versus “natural” born
citizen Soebarkah as Barack Hussein Obama II, and also shows, foisted John Sidney
McCain III upon the voters at the 2008 election cycle- Plaintiff has a direct injury.
Of the five causes of action alleged in the underlying civil complaint, shown as
Exhibit 4, are now reduced to three in the proposed amended summons and complaint
shown as Exhibit 5, and that as a result of the Decision and Order in Article 78 Petition

29641-08 germane herein there remain three plausible, prima facie injuries to Plaintiff
along with those similarly situated by maladministration of the 2008 Election cycle:
(i) Breach of fiduciary duty as to Public Officer injury to plaintiff along with
those similarly situated in the NYS BOE maladministration of regulations
when certification for presidential candidate slate ballot access is had from
the NYS BOE and notice of allegations for the respective candidates and
committees’ response, will be prima facie evidence sufficient to require a
partial summary judgment with declaratory relief in the matter of
a. unequal treatment of ballot certification under law;
b. breach of fiduciary duty to ascertain compliance with regulations as to
U.S. Constitution Article II Section 1 Clause 5 in the candidate ballot
access of Soebarkah, McCain and Calero; and
(ii) Scheme to defraud plaintiff along with those similarly situated requires
discovery before a note of issue may be filed for a jury trial; and then with
(iii) A finding by jury trial to determine defendants’ joint and several liabilities as
well as for punitive damages unjust enrichment as injury to plaintiff along
with those similarly situated requires discovery before a note of issue; and
(iv) Other and different relief the Court deems necessary for grant of relief.
Conclusion in support of relief
That the Court in 2008 declined a subpoena for discovery of information germane
herein and then in 2009 also now involves: the FOIA action with the motion for
summary judgment opposed in Strunk v. DOS et al. DCD 08-cv-2234 (RJL); the
matter of not filing the Proof of Service for the NYS Board of Elections, as the
Attorney General had already appeared and responded starting November 3, 2008;

Stnmk v Patekd et al. N Y S Supreme Court of Kings ~ndekdo.29642-08
,
I
there is no prejudice to defendant NYS BOE not E h g a default even were the proof
of s e ~ c e completed.
d A default judgment within the year allotted would have been
premature for Plaintiff required an inquest as the FOIA evidence supports such and
I
therefore supports the requirement for sdicient cause in CPLR $3215(c),and that
therein affords discretion by the Court to grant an extensioIi of time for perfecting
the complaint with an action involving: CPLR $2001 for mistakes, omissions, defects
and irregularities, a t any stage of an action; CPLR $2004 for extensions of time
generally, except where otherwise expressly prescribed by law, the court may extend
the time fixed by any statute, rule or order for doing any act, upon such terms as
1I
may be just and upon good cause shown, whether the application for extension is
I/
made before or after the expiration of the time fixed; CPLR $2005 for excusable
delay or default; that upon an application satisfying the requirements of

I1
subdivision (d) of section 3012 or subdivision (a)of rule 5015, the court shall not, as
a matter of law, be precluded from exercising its discretion in the interests of
.justice to excuse delay and or default resulting from law office failure were third
party service considered such. Plaintiff respectfully wishes relief were granted.
I
Dated: February
Brooklyn New York
~hristo~her- armt trunk in esse
593 Vanderbilt Avenue - 281
Brooklyn, New York 1 1238
(845) 901-6767; chris@strunlc.ws

COUNTY OF KINGS
----------------------------------------------------------------------- x
Christopher Earl Strunk, Index No.: 29642/08
Plaintiff,
-against-
Defendants.
---------------------------------------------------------------------- x
STATEOFNEWYORK )
) ss.
COUNTY OF ULSTER )
c. On February 20, 2011, Christopher Strunk gave me four (4) copies each of the NOTICE OF
MOTION TO REARGUE THE REQUEST FOR LEAVE TO FILE THE FIRST
AMENDED SUMMONS AND COMPLAINT with affidavit in support affirmed 02/18111,
with five exhibits annexed thereto for service by USPS mail upon parties to the action.
d. On Tuesday, February 22, 2011, Affirmant placed a complete set in a properly addressed

40 Steuben Street. Albany ,NY, 12207 Albany, New York 12224
RUTH NOEMI COL6N Acting Secretary of ERIC SCHNEIDERMAN

120 BROADWAY-
~>, 'J~::/,//::~~/-~' " <«"/....

/' I
. ,',' .
.~ ... /.>/.(/,/",/;/,.',/
,,/' ',{ _ 1.".'~'·2
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I.{ .;:L.. l.
"./ H. William Van AI1e-fi"--
.:-/
Sworn to before me
This }J day of February 2011
JUDITH S, MAYHON
NOTARYPUBLlC, STATfOF NEW YORK
NO. 01MA6095585 .
QUALIFIED IN ULSTER COUNTY II
COMMISSION EXPIRES JULY 14, 20-L
SUPREME CCOURT OF THE STATE OF NP:W YORK
COUNTY OFF KINGS Index No.: 29642 / 08
ChristopherWkrl Strunk, (I-km. Justice David I. Schmidt)
Plaintiff,
-agai&t-
Andrew Cuomo
Defendants.
Notice of Motition to Reargue the NOM for Leave to File FAC

AfEidavit in' SSupport of Motion to Reargue the NOM for Leave to File FAC
Exhibit 1: N6"tice of Motion for Leave to Reargue the NOM for Leave to File FAC
Suhb-exhibit A: NOM for leave to File the First Amended Complaint
- Sub-exhibit B: ORDER with Notice of Entry
Exhibit 2: Ndbtice of Motion for Leave to File Proof Of Service NUNC PRO TUNC
Suhb-exbibit A: Server Email cog- personal service December 2,2008
SuL-exhibit B: Order to serve by Express Mail October 30,2008
S u b b - d b i t C: Express Mail P r o d of Service AfEmed Novembex 3,2008
Suhb-exhibit D: Affidavit proof of personal service January 13,20 11
Suhb-exhibit E: Decision and ORDER dismissing 29641-08
Exhibit 3: AIDTIDAVIT OF Plaintiff memorializing the January 11,2011Hearing on
the Notice of.l:Motion for Amended Complaint in Stz-mk v Patemon et al. New York
State Supremne Court Kings County Index No.: 29642-08
Suhb-exhibit A: Factcheck.org posting of BHO COLB August 21.2008
Sub-exhibit B: SCOTUS case McCreerg's Lessee v S o m e d e 22 US 354
Suhb-exbibit C: ORDER declining to sign leave for filing FAC
Exhibit 4: Siiummons and Verified Complaint 29642-08 filed 10-29-08
Subb-exhibit A; 2008 List afPresidentia1 Electors
Exhibit 5: PAroposed Amended Summons and Verified Complaint 29642-08 1 0215 11.
Memorandnnm of Law in support of Relief
Affidavit of SSavice
Dated:Febmary 20 ,2011
BroolPklyn New York
~=tophe~Earl: Strunk in esse Plaintiff
593 Vanderbilt Avenue - 281
(845) 901-6767; chris@trunk.ws

Combined Memorandum For NOM W Affidavit To Reargue The NOM For FAC W Exhibits NYS 29642-08 022811

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SUPREME COURT OF T m STATE OF NEW YORK

COUNTY OF KINGS Index No.: 29642 / 08

a f f m e d February 18,201 1 with exhibits annexed, with leave, will reargue

fust amended summons and complaint declined on January 11,2011 as

Brooklyn New York

Christopher-Earl: Strunk in esse

Kimberly A. Galvin, Esq. for the Andrew Cuomo, NYS Governor

RUTH NO EM^ C O L ~ N Acting Secretary of ERJC SCHNEIDERMAN

SUPREME COURT OF THE STATE OF NEW YORK

STATE OF NEW YORK )

1. That I am the self represented Plaintiff, Christopher-Earl: Strunk in esse

Affidavit to Reargue NOM for FAC Page 1 of 5

3. That on January 18, 2011, Plaintiff memorialized recollection of the January

adequate discovery of the particulars as a more definite statement requires Plaintiff

to supplement the underlying Complaint (see Exhibit 4) with causes of action

describing in particularity the fraud with unjust enrichment that occurred as a

result of the Public Officers maladministration of laws and regulations governing

a. Approval of each Presidential elector class of public officers holding two

se was required by the decision of law before a complaint was possible;

matter requires notice to the authority with crime enforcement jurisdiction;

c. The role of the then Secretary of State Lorraine A. Cortez-Vazquez as a

the underlying complaint, should have taken responsibility to review each

Affidavit to Reargue NOM for FAC Page 2 of 5

General Election was duly served notice;

d. That there is a conflict of interest with then Attorney General Andrew

Cuomo / now Governor who is an elector for the Democratic Presidential

candidate slate and given notice of allegations of criminal activity in the

complaint including himself raises serious questions of impropriety were

an investigation not commenced, and at best appearance of impropriety

were he not to appear individually after service on December 1, 2008;

Is an elector, appoints the Secretary of State who serves at his pleasure,

and has authority to investigate allegations of criminal wrongdoing in the

complaint raises serious questions of impropriety when not investigated,

and at best appearance of impropriety were not to appear after service;

by personal service of the Complaint allegations of criminal wrongdoing

by effect of ODOL renders the NYS Board of Elections principal agent

law and regulations as to presidential candidates slate ballot access.

Affidavit to Reargue NOM for FAC Page 3 of 5

an application satisfying the requirements of subdivision (d) of section 3012 (1) or

Affidavit to Reargue NOM for FAC Page 4 of 5

further, that 0 . @vmaa m x t u s i * h act have kmr!&t.

9. That ABflkmant knows foregaing contents apply to me and my injury that by

Respondents nmisapplication and misadministration of law presents a question of

&st impressihn as a S t a b question involving the quwtionable seating of the New

Presidential CCandidate Slates at the General Election of November 4,2008; the

grounds of myy beliefs as d mattem not s h h d upon information dlnd Mefare as

Wherefore6 PlaintiEwishes an order ofthe Court granting

VeriHied First Amended Complaint;

Affidavit to Reargue NOM for FAC Page 5 of 5

SUPREME COURT OF THE STATE OF NEW YORK

Andrew Cuomo, NYS Governor

SUPREME COURT OF THE STATE OF NEW YORK

STATE OF NEW YORK )

1. That I am the self represented Plaintiff, Christopher Earl Strunk in esse

there another to benefit.

Plaintiff’s Affidavit Page 1 of 4

3. That pursuant to the requirements of CPLR §2221(d) for leave to reargue:

Affirmant’s request is based upon matters of fact or law allegedly overlooked or

any matters of fact not offered on the prior motion;

proceed; and as a matter of misapprehension that without having the Proof of

Plaintiff’s Affidavit Page 2 of 4

particularity in specific actions of Fraud where a cause of action is based upon

misrepresentation, fraud, mistake, willful default, breach of trust or undue