At IAS Part _____ of the Supreme Court of the State of New York Held in and for the County of Nassau, at the courthouse at 100 Supreme Court Drive Mineola New York 11501 on the 5th Day of March 2012, Monday -----------------------------------------------------------------------x Christopher B. Garvey, Petitioner, -againstNEW YORK STATE BOARD OF ELECTIONS; ROBERT DIAMOND; BARACK OBAMA; MITT ROMNEY; RICK SANTORUM; NOTICE OF PETITION for ORDER TO SHOW CAUSE WITH TRO IN THE CPLR ARTICLE 78 CIVIL ACTION Index No.: 12 - 002764

Respondents. -----------------------------------------------------------------------x Please take notice that the Plaintiff, Christopher B. Garvey , in the above-identified case, intends to appear at At IAS Part _____ of the Supreme Court of the State of New York for the County of Nassau, at the courthouse at 100 Supreme Court Drive, Mineola, New York 11501 on Monday, the 5th Day of March 2012, seeking an ORDER for the respondents or their attorney to show cause at the IAS Part _______, Room _______, of this Court, to be held at the Courthouse, 100 Supreme Court Drive, Mineola, New York 11501, on the 5th day of March, 2012, at 2 oclock in the after noon or as soon as counsel may be heard why an order should not be made affecting the Electoral College, finding: a. That the NYS BOE has improperly instructed any person intending to become a proposed candidate for office of the President of the United States (POTUS) by posting on the NYS BOE website at Running for Office with Citizenship Qualifications only has to be Born a Citizen as a 14th Amendment eligibility qualification, rather than the U.S. Constitution Article 2 Section 1 Paragraph 5 express eligibility using the term of art natural born citizen 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;

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b. That the NYS BOE continued the arbitrary and capricious use of the invented term Born a Citizen to facilitate persons who are not Natural Born Citizens to certify for the June 5, 2012 illegally and that Petitioner along with those similarly situated have been denied equal treatment under the law and denied fundamental substantive due process by the NYS BOE actions that deprives Petitioner along with those similarly situated a reasonable expectation of effective participation at the General Election to be held on November 6, 2012 were these alleged ineligible persons to be permitted to remain on the ballot and that petitioner along with those similarly situated would suffer a taking of personal property and individual rights were the ballots formed and election held with ineligible candidates . And Ordering that NEW YORK STATE BOARD OF ELECTIONS by its agents, be stayed from printing or placing on the primary ballot of the respective party to be held on June 5, 2012 any of the names of the electors slates for the purported candidates for the office of POTUS for BARACK OBAMA, MITT ROMNEY, RICK SANTORUM until a hearing and appearance of Respondents or by his / her attorney to show cause why the stay should be lifted.. that NEW YORK STATE BOARD OF ELECTIONS by its agents, ROBERT DIAMOND, BARACK OBAMA, MITT ROMNEY, RICK SANTORUM, shall appear or by his / her attorney show cause why an order should not be made affecting the Electoral College requiring that each declared candidate be a natural born citizen. March 3, 2012

Christopher B. Garvey Petitioner 16 Nicoll Ave. Amityville, NY 11701-3018 Home: 631 598 0752 Office: 516 365 9802 x 303 Cell: 616 458 4487 ChrisGarvey1@verizon.net

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At IAS Part _____ of the Supreme Court of the State of New York Held in and for the County of Nassau, at the courthouse at 100 Supreme Court Drive Mineola New York 11501 on the _____ Day of March 2012 PRESENT; Hon. _________________________________ Justice of the Supreme Court -----------------------------------------------------------------------x Christopher B. Garvey, Petitioner, -againstNEW YORK STATE BOARD OF ELECTIONS; ROBERT DIAMOND; BARACK OBAMA; MITT ROMNEY; RICK SANTORUM; Respondents. -----------------------------------------------------------------------x Upon reading and filing the affidavit of Christopher B. Garvey affirmed to on the ___th day of March 2012, and upon the exhibits, notice of petition attached to the verified petition with affidavit, and memorandum of law under jurisdiction of the CPLR Article 78 in conjunction with the New York State Election Law Article 16-100, in which Election Law Article 12 applies from before the April 24, 2012 Primary and the November 6, 2012 General Election, for emergency equity relief with a CPLR 7805 injunction with stay of ballot creation for the April 24, 2012 primary, and a declaratory judgment under CPLR 7806 on a U.S. Constitution Article 2 Section 1 Paragraph 5 issue as to the term of art natural born citizen versus the idiom born a citizen, recently invented by the New York State Board of Elections (NYS BOE), upon information and belief alleges of captioned Respondents as follows: ORDER TO SHOW CAUSE WITH TRO IN THE CPLR ARTICLE 78 CIVIL ACTION Index No.:

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Let the respondents or their attorney show cause at the IAS Part _______, Room _______, of this Court, to be held at the Courthouse, 100 Supreme Court Drive, Mineola, New York 11501, on the _____ day of _________________, 2012, at _______ oclock in the ______ noon or as soon as counsel may be heard why an order should not be made affecting the Electoral College, and it being alleged: a. That the NYS BOE has improperly instructed any person intending to become a proposed candidate for office of the President of the United States by posting on the NYS BOE website at Running for Office with Citizenship Qualifications only has to be Born a Citizen as a 14th Amendment eligibility qualification, rather than the U.S. Constitution Article 2 Section 1 Paragraph 5 express eligibility using the Constitutional term of art natural born Citizen. b. That the NYS BOE continued the arbitrary and capricious use of the invented term Born a Citizen to facilitate persons who are not a natural born Citizen to certify for the April 24, 2012 primary illegally, and that Petitioner, along with those similarly situated, have been denied equal treatment under the law and denied fundamental substantive due process by the NYS BOE actions that deprives Petitioner along with those similarly situated a reasonable expectation of effective participation at the General Election to be held on November 6, 2012 were these alleged ineligible persons to be permitted to remain on the ballot and that petitioner along with those similarly situated would suffer a taking of personal property and individual rights, if ballots were formed and the election held with ineligible candidates . It is ORDERED that NEW YORK STATE BOARD OF ELECTIONS by its agents, are hereby stayed from printing or placing on the primary ballot of the respective party to be held on April 24, 2012 any of the delegates or electors under names of the purported candidates for

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the office of President of the United States, for BARACK OBAMA, MITT ROMNEY, and RICK SANTORUM, until a hearing and appearance of Respondents or by his / her attorney to show cause why the stay should be lifted. It is ORDERED that NEW YORK STATE BOARD OF ELECTIONS by its agents, ROBERT DIAMOND, BARACK OBAMA, MITT ROMNEY, RICK SANTORUM, shall appear or by his / her attorney show cause at the IAS Part _______, Room _______, of this Court, to be held at the Courthouse, 100 Supreme Court Drive, Mineola, NY , on the _____ day of _________________, 2012, at _______ oclock in the ______ noon or as soon as counsel may be heard why an order should not be made affecting the Electoral College requiring that each declared candidate be a natural born citizen. Sufficient cause appearing therefore, let personal service of this order, and the papers upon which this order is granted, upon the respondents NEW YORK STATE BOARD OF ELECTIONS; ROBERT DIAMOND; BARACK OBAMA by Registered Mail; MITT ROMNEY by Registered Mail upon his Attorney at the only address he provided; RICK SANTORUM by Registered Mail upon his Attorney at the only address he provided; and the New York State Attorney General on or before the _____ day of March, 2012 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. ENTER ________________________ J.S.C.

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NASSAU COUNTY CLERK'S OFFICE ENDORSEMENT COVER PAGE Recorded Date: 03-02-2012 Recorded Time: 4:24:09 p Liber Book: Pages From: To: Control Number: 2132 Ref #: 12--002764 Doc Type: C54 INDEX # RJI/PETITION Plnt: GARVEY, CHRISTOPHER B Dfnd: NYS BOARD OF ELECTIONS Dfnd: DIAMOND, ROBERT Record and Return To:

Taxes Total Recording Totals Total Payment THIS PAGE IS NOW PART OF THE INSTRUMENT AND SHOULD NOT BE REMOVED MAUREEN O'CONNELL COUNTY CLERK

REQUEST FOR JUDICIAL INTERVENTIONucs-840 (snoiij

,upreme Index No:

COURT, COUNTY OF

Date Index Issued:

6 UncontestedQ

NOTE: For ail Matrimonial actions where the parties have children under the age of 18, complete and attach the MATRIMONIAL RJi Addendum. .. 1- : : : r . . ' , , , , :',~- ,: -, . ; , .

:

F 3 Ashastos

w0 Breast implant Environmental:

-

0 Contract

0 insurance (where insurer is a party, except arbitration)0 UCC (including sales, negotiable instruments) 0 Other Commercial:ISPS~~Y)

.:

~

(specify)

0 Medical, Dental, or Podiatric Malpractice 0 Motw Vehicle$3 Products Liability:strest ~ d d r e s s City Stab

0Other Negligence 0Other ProfessionalMa prac ice:Other Tort:Boecifv)

NOTE: For Foreclosure actions Involving a one- to four-family, owner. occupied, residential properly, or an owner-occupied condominium, complete and attach the FORECLOSURE RJI Addendum.

0 Tax Certiorari - Sedion:Other Real Property:IIspadl~)

OTHER MATTERS

0Ced f cate of Incorpordt~on/Dissoi.lon

/SPECIAL PROCEEDINGS[sea NOTE under Cornn~ercta j

1 CPLR Arilcle 75 (Arbrtration) 0

[see NOTE under Commerc ail

0Emergency Medical Treatment

0 CPLR Article 78 (Body or Officer)

I I6

0 Local Court Appeal 0 Mechanic's Lien

0 Habeas Corpus

8 00

0Name Change

0 Pistol Permit Revocation HearingSale or Finance of ~eliqlousl~ot-for-profit Pmperty

0 (0

Election Law MHL Article 9.60 (Kendra's Law) MiiL Article 10 (Sex Offender Confinement-Initial) MHL Arlicie 10 (Sex Offsnder Confinement-Review) MHLArlicle 81 (Guardianship) OUler Mental Hygiene:lspeolfy)

0 Other Special Proceeding:

Has a summons and complaint or summons w/notice been filed7 Is this actioniproceeding being Bled post-judgment?

0

0 0

0

If yes, date filed:

~

-

If yes, judgment date:

0 Note of Issue andlor Certificate of Readiness -

-

0 Notice of Medlcal, Dental, or Podietric Malpractice@

0 00

0

Date Issue Joined: Notice of Motion Relief Sought: Notice of Petition Relief Sought: Order to Show Cause Relief Sought: Other Ex Parte Application Relief Sought: Poor Person Application Request for Preliminary Conference Residential Mortgage Foreclosure Settlement Conference Writ of Habeas Corpus

~

~

Return Date: Return Date: Return Date:

Last Name

Last NameFirm Nama

Rmt Name Primary Role:Street Address

secondary~ole any): (r

Last NameFlmt Name

Last Name

Fbst Name

Firm NameStreet Address

Prlmary Rola:Sesondsry Role (U any):

Last Nams

Last Name

First NameFirm Name

Flmt Name wmary Roia:Street Addrear

secondary

ole (if any):

Last Name

Last Name

First Name

Flrat Name Primary Role:Street Address Secondsry Role (if any):

Firm Name

I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUD TERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING.

Dated:

3 / 2 , ) ~ 0 21

17 49.4 '' 83 AfTORNEY REGISTRATION NUMBER

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU

.......................................................................Christopher B. Garvey

X

Index No.: Petitioner, Pro Se

12

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00

27d+

VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

-againstNEW YORK STATE BOARD OF ELECTIONS; ROBERT DIAMOND; BARACIC OBAMA; MITT ROMNEY; RICK SANTORUM; Respondents.

MAR 0 2 2012X

.......................................................................

HW88&U COUNTY COWGdlTY CLERK'S QP@ICE

Petitioner, Christopher B. Garvey Pro se, as and for his Petition under jurisdiction of the

CPLR Article 78 in conjunction with the New York State Election Law Article 8 16-100 in whichElection Law Article 12 as applies from before the April 25,2012 Primary and the November 6, 2012 General Election thru December 25,2012 for emergency equity relief with a CPLR $7805 injunction with stay of ballot creation for the April 24, 2012 primary, and a declaratory judgment under CPLR $7806 on a U.S. Constitution Article.2 Section 1 Paragraph 5 issue as to the term of art "natural born citizen" versus the idiom "born a citizen" invented by the New York State Board of Elections (NYS BOE), upon information and belief and at all times hereinafter mentioned, respectfully alleges of captioned Respondents as follows:1. Petitioner is a duly registered voter at 16 Nicoll Avenue Amityville, NY 11701-3018 and an enrolled inember of the Republican Party able to participate at the April 24,2012 Republican

Primary and General Election on November 6,2012.

2. That Petitioner's place for service is his home located Christopher B. Gamey, 16 Nicoll Ave., Amityville, NY 11701, tel. 631 598 0752, alternate: 516 365 9802, Cell: 516 458 4487 Fax. 516-365-9805 atrtention Chris Garvey; email: chrisgarveyl@verizon.net.3. Petitioner is self represented herein; however, is admitted to the State of New Yorlc bar as

an attorney that has practiced intellectual property and patent law for 30 years.4. That Petitioner contends that the NYS BOE has improperly instructed any person

intending to become a proposed candidate for office of the President of the United States (POTUS) by posting on the NYS BOE website at "Running for Office" with "Citizenship Qualifications" only has to be "Born a Citizen" as a 14"' Amendment eligibility qualification, rather than the U.S. Constitution Article 2 Section 1 Paragraph 5 express eligibility using the

r term of a t "natural born citizen" (NBC) (see Exhibit A).5. That as a matter of public record and based upon personal conversations with both

Christopher Earl Strunk and Harold (H.) William Van Allen in their endeavor to have the NYS BOE and its agents change the aforementioned use of "Born a Citizen" to "Natural Born Citizen" and the NYS BOE refused; and that Mr. Strunlc then duly filed a formal complaint with the NYS BOE for its facilitation of fraud (see Exhibit B); 6. That Petitioner contends that the NYS BOE continued the arbitrary and capricious use of the invented term "Born a Citizen" to facilitate persons who are not NBC to certify for the April 24, 2012 illegally and that Petitioner along with those similarly situated have been denied equal treatment under the law and denied fundamental substantive due process by the NYS BOE actions that deprives Petitioner along with those similarly situated a reasonable expectation of effective participation at the General Election to be held on November 6,2012 were these alleged ineligible persons to be permitted to remain on the ballot and that petitioner along with

those similarly situated would suffer a taking of personal property and individual rights were the ballots formed and election held with ineligible candidates . 7. That on or about January 9,2012 the Respondent NYS BOE issued a schedule for the 2012 Presidential election cycle (see Exhibit C).

8. That the deadline for the Democratic party to file a certificate of candidacy for creation ofthe electoral slate of the proposed Democratic Piu-ty candidate for the office of president of the United States (POTUS) was February 21,2012; and the deadline for the Republican party to file a certificate with candidates of the electoral slate of the proposed Republican Party candidate(s) for the office of POTUS was February 21,2012.

9. That on February 13, 2012 pursuant to correcting NYS BOE state action Petitioner fileda set of specific objections to the NBC status of BARACK OBAMA(see Exhibit D). 10. That on February 17,2012 pursuant to correcting NYS BOE state action Petitioner filed a set of specific objections to the NBC status of MITT ROMNEY and to a second Romney filing on Feb. 27,2012 (see Exhibit E). 11. That on February 27,2012 pursuant to correcting NYS BOE state action Petitioner filed a set of specific objections to the NBC status of RICK SANTORUM and the First Electoral slate delegate ROBERT J DICARLO (see Exhibit F). 12. That on Tuesday February 28,2012 based upon the Notice given by the NYS BOE (see Exhibit G), Petitioner viewed and recorded the internet televised meeting of NYS BOE agents JAMES A. WALSH I Co-Chair, DOUGLAS A. KELLNER / Co-Chair, EVELYN J. AQUILA I Commissioner, GREGORY P. PETERSON / Commissioner; and heard the Commissioners and Chairmen hearing defend the contiilued use of "Born a Citizen" rather than NBC;

13. That on February 28,2012 at the meeting televised by the internet Petitioner witnessed the NYS BOE agents JAMES A. WALSI-I 1 Co-Chair, DOUGLAS A. KELLNER I Co-Chair, EVELYN J. AQUILA I Commissioner, GREGORY P. PETERSON I Commissioner the NYS BOE made the following cryptic and opaque vote: Chair: "We have 2 votes on Petitions. One is on the large sheets of paper that you have. I will accept a motion to accept the staff report regarding objections that have been filed to the petitions." Staff: "It's not just the StaffReport but also the Draft Determinations." "So moved" "Seconded" "All in favor" several voices: "Aye" "Opposed" single voice: "Aye" 14. This was a clearly rehearsed vote froin secret pre-game session which session was in violation of the Open Meetings law. 15. As of 10:54:22 AM, 03102112, the staffreport and drqft determinations remained Official Secrets, and had not been posted on the BOE website.16. Presumably it was a vote to vote to dismiss the one or more of the objections shown

above as Exhibit D, E and F, among others, and grant ballot access to the proposed Candidate(s)'s, which Petitioner had objected to as not being eligible for the Office of POTUS lor the reason that each was not NBC or questionable as a result of mis-instmetion by the NYS BOE in regards to "Born a Citizen" rather than "Natural born Citizen" (NBC) that is not forthcoming with the proof of NBC status by the law of the land.

17. That on March 1,2012 Petitioner received the NYS BOE Determination on his objectionto Obarna as shown in exhibit D above and variously contended that Petitioner (see Exhibit H) quote:

After an examination of the designating petition of the Democratic Party purporting to nominate BARACIC OBAMA as a candidate for the office of President of the United States, and the matter having been considered by the Commissioners of the State Board of Elections on February 28,2012, the State Board finds that the objector has no standing to object to the party position as the objector is not an enrolled member of the Democratic Party (Election Law $6-154(2)). Further, the objection raises issues which are beyond the ministerial scope of the State Board to determine and such objection is made in the incorrect venue, as no direct election for President of the United States occurs via election day ballots. Rather, the April 24,2012 Presidential Primary is the ballot access process which provides for the election of delegates to a national party convention or a national party conference in 2012. Foe the reasons cited herein, the petition is overruled and the petition is valid. The envelope was marked $00.90 by a Pitney Bowes Postage meter on Feb. 28,2012, but there is no proof as to when it was mailed. 18. Petioner has not yet receive a determination on Mitt Romney nor Rick Santorum. Presumably they will be similar, but they remain as secrets held by the BOE and possibly the Post Office, or perhaps undecided by the BOE Staff. 19. Election Laws 6-154. Nominations and designations; objections to 2. Written objections to any certificate of designation or nomination or to a nominating or designating petition or a petition for opportunity to ballot for public office or to a certificate of acceptance, a certificate of authorization, a certificate of declination or a certificate of substitution relating thereto may be filed by any voter registered to vote for such public office and to a designating petition or a petition for opportunity to ballot for party position or a certificate of substitution, a certificate of acceptance or a certificate of declination relating thereto by any voter enrolled to vote for such party position. 20. That Petitioner is registered to vote in the General Election for President, and according to the BOE Calendar, there is no subsequent date to file a document for which there can be Objection to Obama's Candidacy. If the Board cannot point to such a date, my right of objection under Election Law 6-154-2. has accrued. If such a date exists, then this court might consider this case a remaining open till then, particularly in view of the short statute of limitations. Such a

later determination by this Court will likely cause greater havoc than would a decision now. But the time is ripe now for Judicial Intervention in this unconstitutional candidacy. 21. That Petitioner pursuant to the requirements of CPLR 57801, as to the nature of proceeding for relief by writ of mandamus or prohibition that shall be obtained in a proceeding under this article and is made for a writ or order of mandamus or prohibition, in which such reference shall, so far as applicable, be deemed to refer to the proceeding authorized by this article. 22. That Petitioner challenges the determination shown as Exhibit H, and to the forthcoming Determination[s] as each is or will be final or can be adequately reviewed by appeal to a court or to some other body or officer or where the body or officer making the determination is expressly authorized by statute to rehear the matter upon the petitioner's application unless the determination to be reviewed was made upon a rehearing, or a rehearing has been denied, or the time within which the petitioner can procure a rehearing has elapsed; 23. That my Specific Objections may be used as a memorandum of law as to preliminary matters, but Petitioner hopes to supplement these at a later date. 24. That Petitioner pursuant to the requirements of CPLR 57802 as to Parties includes the NYS BOE it agents and the respective Proposed candidates under its direct authority listed herein in part is in keeping with the definition of "body or officer", and the expression "body or officer" that includes every court, tribunal, board, corporation, officer, or other person, or aggregation of persons, whose action may be affected by a proceeding under this article; and that Petitioner contends that NYS BOE and its agents have maliciously acted contrsuy to the prohibition in favor of another and where this proceeding is brought to restrain the NYS BOE body or officers from proceeding without or in excess of jurisdiction in favor of another, the

latter shall be joined as a party; and that Petitioner understands that other interested persons in adequately represented by Petitioner actions herein by order of the court may direct that notice of the proceeding be given to any person, and may allow other interested persons to intervene. 25. That Petitioner pursuant to the requirements of CPLR 87803 raises Questions that may be raised in a proceeding under this article are: (a). That the NYS BOE is the body and or its officers that failed to perform a duty enjoined upon it by the law of the land as to the requirement to conform to U.S. Constitution Article 2 Section 1 Paragraph 5 as to the eligibility requirements for any candidate for the office of the POTUS as relates to the instructions on its website to respective proposed candidates reference as shown in Exhibit A and paragraph 4 above; and@). That the NYS BOE is the body and or officers that proceeded, and is proceeding

or is about to proceed without or in excess of jurisdiction to allow violation of NBC Eligibility ; and (c). That the NYS BOE is the body and or officers that proceeded based upon the determination that was made in violation of lawful procedure as to the absolute requirement to instruct candidates in the requirement for NBC eligibility , that was affected by misadministration of the law with biased arbitrary and capricious abuse of discretion, including abuse of discretion as to the measure to prevent substantive due process from occurring for providing a hearing on the rnis-instruction using "Born a Citizen" ;and further, (d). That the NYS BOE is the body and or officers that proceeded without a hearing to arbitrarily make a determination without further evidence taken, and without direction by law as required under NYS EL 3-104 to avoid malting a public record supported by substantial

evidence as relates to the eligibility requirement of U.S. Constitution Article 2 Section 1 Paragraph 5.

WHEREFORE, Petitioner demands a temporary restraining order, preliminary injunctionhearing, and Declaratory judgment under CPLR $7806 and permanent injunction against the Respondent NYS BOE and or its agents and such other relief as the Court deems just including a TRO Order: a. That the NYS BOE replace the term "Born a citizen" with "Natural Born Citizen"b. That the respective candidates granted ballot access at the respective primary provide

evidence of NBC status. c. And for further and different relief as the Court may deem necessary herein. Dated: Amityville, New York March 2,2012

---.Amityville, NY 11701 Home: 631 598 0752 Office: 516 365 9802 Cell: 516 458 4487 Fax: 516 365 9805 Attn: Chris Garvey ChrisGarvey 1@verizon.net

PETITION VERIFICATION AFFIDAVIT STATE OF NEW YORK ) COUNTY OF NASSAU) 5s. )

Accordingly, I, Christopher B. Garvey, being duly swo1.11, depose and say under penalty of perjury:

I have read the foregoing Petition for writ of ~iiandamus with the U.S. Constitutional questionraised involving creation of the New York Electoral College for the 2012 Presidential Election cycle at the April 24, 2012 respective primary election and the November 6,2012 General Election and thereafter by operation of Election Law Article 12 the Actions of Respondents NEW YORK STATE BOARD OF ELECTIONS and its agents as effects ROBERT DIAMOND; BARACIC OBAMA; ;MITT ROMNEY; RICK SANTORUM; request a TRO, Preliminary Injunction and Declaratory Judgment for equity relief with time being of the essence with irreparable harm; 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 going into the Primary Election of April 24, 2012, the General Election from November 6, 2012 thru the creation of the New York Electoral College December, 2012; 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: 3rdparties, boolts and records, the internet, correspondence, conversations, and personal knowledge.

Sworn to before me This day of March 2012

2

Notary Public

/

ANDREA L. STURM Notary Public, State of New York No. 04ST6236226 Qualified in Nassau County Commission Expires 2/22/2015

9

Christopher B. Garvey v. NEW YORK STATE BOARD OF ELECTIONS et al VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

Exhibit A

Christopher B. Garvey v. NEW YORK STATE BOARD OF ELECTIONS et al VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

Exhibit B

Complaint and Demand for Public Hearing on the Eligibility of the declared candidate Barack Hussein Obama I1 for Office of POTUS at the 2012 Election Cycle in New YorkN W YORK STATE BOARD OF E L E C T ~ N S , E 40 Steuben Street Albany New York 12207 Attention: JAMES A. WALSH / Co-Chair, DOUGLAS A. KELLNER / Co-Chair, EVELYN J; AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner,STATE OF NEW YORK))

CEIYI'IFIED RETURN RECEIPT No:70111570000033846626

COUNTY OF KINGS

1 8%

Accordingly, I, Christopher-Earl: Strunk in esse being duly sworn, depose and say under penalty of perjury: 1. Petitioner is located for service at 593 Vanderbilt Avenue -281 Brooklyn, New York 11238 (845)9016767 email: chris@strunk.ws.; and is a duly registered voter in the 2008 and 2012 election cycle. 2. That Petitioner with Election Law (EL) 3-104 hereby complains of the declared candidate Barack Hussein Obama I as not being eligible for the Office of President of the United States (POTUS)and 1 demands a hearing on the declared candidates eligibility on 21 14112 or as soon thereafter as the Chairman and Commissioners may chose to convene to take evidence and testimony to bar Barack Hussein Obama I from the 2012 Presidential Election cycle ballots as time is of the essence. 1 3. That Petitioner references the N S BOE schedule issued on January 9 2012 for the 2012 Y Presidential Election cycle that designates the start of the DEMOCRATIC DELEGATE SELECTION P A FILING DATES: L N 21 14112 Last day for candidates to decline designations. 82-122-a(2) 21 14112 Last day, for CBOE to notify SBOE candidates which filed at CBOE. 82-122-a(6)(h) 212 1112 Last day for party committee to file certificate of candidacies for delegate and alternate delegate candidates. 82-122-a(7)(a-b) 3/ 1/ 12 Last day for SBOE to notify party committee of candidates who will appear on ballot. 82-122-a(7)(d) 3/21 12 Last day for boards of election to notify party committee of candidates who will appear on ballot. 82-122-a(7)(d) 4. That based upon information and belief Barack Hussein Obiuna I1 (BHO 11) has already declared himself a candidate for the office of President of the United States here in the New York 2012 election cycle. 5. That based upon the admission of Barrack Hussein Obama I1 with the release of his autobiography. "Dreams From M Father" (1995)the British subject at his birth was Barack Hussein Obama Sr. y 6. That according to the INS record signed by Barrack Hussein Obama Sr. he is a Foreign Alien nonimmigrant with a student visa and never was at anytime a US Citizen or even had a "Green Card" 7. That according to the divorce decree issued from the Hawaii court of competent jurisdiction British subject Barack Hussein Obama Sr. was married to the US Citizen Stanley Ann Obama being of minor age at the time of the birth of Barack Hussein Obama 11; 8. That according to the Certificate of Live Birth released by Barack Hussein Obama I1 during a press conference in April 20 11, BHO I1 was born in Hawaii to U.S. Citizen Stanley Ann Dunham Obama the mother, and British Subject Barack Hussein Obama Sr. the father on August 8, 1961. Strunk Complaint and Demand for Hearing with EL 3-104 Page 1 of 2

9. That Barack Hussein Obama I1 is merely a native born naturalized citizen not a Natural-BornL

a .

1

Citizen (NBC)a person born in the country of US Citizen parents) a s defined by the Supreme Court of the United States (SCOTUS)in the precedent set in Minor. v. Hcwpersett 88 U.S. 162 (1875),21 Wall. 162, and 22 L. Ed. 627. by Justice Waite holding that natural born citizens (NBC) se are so per by virtue of birth on United States soil when both parents were Citizens of the United States according to the US Constitution Article 2 Section 1 paragraph 5 de jure citizens without reaching the need of use of the 14th Amendment or the power of Congress granted with Article 1 Section 8 % paragraph 4 to define3aturaljzation and immigration status person other than NBC persons. 6 10. That Barack Hussein Obama I1 is m t a Natural- born Citizen however may be classified a s "Born a Citizen" depending upon the power of Congress granted to define such status other than NBC. 11.That Barack Hussein Obama I1 is a declared candidate with EL 14-100(1)(7)(9) here in New York, and has illegally directed his campaign fund raising here in New York to proceed starting last summer as with EL 14-114; 13 b 12. That BHO I1 as an ineligible declared candidate,,seeking a ballot line in the Democratic Rimary and General Election ballot starting February 14, 20 12. 13.That BHO I1 a s an ineligible declared candidate illegally participates within the state and personally directed his fund raising agents to proceed as defined under N S EL 14-114 and the fraudulent Y w conversion of the funds as defined by EL 14-130 in relevant parts with related law. 14. That the N S BOE is willfully facilitating BHO I1 a s an ineligible declared candidate since no later Y than the 2008 election cycle continuing now with malicious facilitation using instructions on the N S BOE website page "Running for Office" contrary to the law of the land and the requirements set Y by the State Legislature stating therein as to citizenship status that a declared candidate need only be "Born a Citizen" rather than a "Natural-born Citizen" to be eligible for the office of POTUS. 15. That Petitioner alleges that the Chairman and Commissioners are involved in the misprision of a . felony by facilitating the declared candidacy of Barack Hussein Obama I1 and others, and that 4 duplicate of this complaint affidavit is simultaneously filed with the Albany District Attorney for investigation; and that 16. On January 26, 2012, Petitioner was a material witness a t the ballot access hearing held by the Georgia Secretary of State before a Justice of that Court to bar Barack Hussein Obama I1 from that ballot and BHO I1 nor his attorney attended by default relinquish 16 electoral votes from Georgia. 17. Petitioner knows the wrongful acts to facilitate the'continued fund raising and attempt for ballot access by the declared candidate is an irreparable harm with time as the essence that applies to me by misapplication and administration of laws; the same is true to my own knowledge, except a s to the matters therein stated to be alleged on information and belief, and a s to those matters I believe it to be true. The grounds of my beliefs a s to all matters not stated upon information and belief are a s follows: 3rd parties, books and records, and personal knowledge.

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Strunk Complaint and Demand for Hearing with EL 3-104

STATE OF NEW YORK

STATE BOARD OF ELECTIONS

CALENDAR FOR THE APRIL 24, 2012PRESIDENTIAL PRIMARY ELECTION for SELECTING DELEGATES to a NATIONAL CONVENTION Requirements and dates herein are provided for in Chapter 147 of the Laws of 201140 STEUBEN STREET ALBANY, NY 12207 (518) 474-6220 www.elections.ny.gov

January 9, 2012

DELEGATE SELECTION PLAN:

DEMOCRATIC DELEGATE SELECTION PLAN FILING DATES:

REGISTRATION FOR PRIMARY ELECTION3/30/12; 4/4/12 Mail Registration: Last day to postmark application and last day it must be received by board of elections. 5-210 (3) In Person Registration: Last day application must be received by board of elections to be eligible to vote in primary election. 5-210, 5-211 & 5-212 Change of address. 5-208 (3)

Pursuant to Chapter 147 of the Laws of 2011, a state committee providing for the selection of delegates and alternate delegates to a national party convention or conference must select either the 3 plan or the 4 plan contained in the act.

2/14/12

Last day for candidates to decline designations. 2-122-a(2) 3/30/12 Last day for CBOE to notify SBOE candidates which filed at CBOE. 2-122-a(6)(h) Last day for party committee to file certificate of candidacies for delegate and alternate delegate candidates. 2-122-a(7)(a-b) Last day for SBOE to notify party committee of candidates who will appear on ballot. 2-122-a(7)(d) Last day for boards of election to notify party committee of candidates who will appear on ballot. 2-122-a(7)(d)

2/14/12 12/6/11 Last day for other political parties to choose Republican plan. 2-122-b(1) Last day for a party to select the delegate selection method. 2 Ch. 147 of 2011 3/1/12

2/21/12

4/4/12

11/1/11

ABSENTEE VOTING FOR PRIMARY ELECTION:4/17/12 Last day to postmark application for ballot. 8-400 (2)(c) Last day to apply in person for ballot. 8-400 (2)(c) Last day to postmark ballot and date it must be received by the board of elections. 8-412 (1) Last day to deliver ballot in person to county board. 8-412 (1)

3/2/12

4/23/12

REPUBLICAN DELEGATE SELECTION PLAN FILING DATES: THE FOLLOWING DATES APPLY TO ALL DELEGATE SELECTION PLANS:2/21/12 Last day for matching funds candidate to file certificate with State Board requesting ballot access. 2-122-b(3)(a)

4/23/12; 5/1/12 4/24/12

DESIGNATING PETITIONS1/31/122/21/12 Dates for nationally known candidate to file certificate with State Board requesting to appear on ballot. 2-122-b(3)(b) Last day for party to certify the number of delegates for the convention. 2-122-b(2) Last day for presidential candidate to certify slate of delegates and alternate delegates. 2-122-b(3)(d) Last day for presidential candidate to invalidate their candidacy. 2-122-b(3)(e) 1/3/12 First day for signing designating petitions. 6-134 (4) Dates for filing designating petitions. 6-158 (1)(a) Last day to decline a designation. 6-158 (2) 4/17/12 2/21/12 4/17/12 Last day to fill vacancy after declination. 6-158 (3) 4/23/12

MILITARY/SPECIAL FEDERAL VOTERS FOR PRIMARY ELECTION:

1/31/12

2/6/12 2/9/12 2/14/12

3/30/12

2/21/12

Last day for a BOE to receive application for ballot if not previously registered. 10-106 (5) & 11-202 (1)(a) Last day for a BOE to receive application if previously registered. 10-106 (5) & 11-202(1)(b) Last day to apply personally if previously registered. 10-106 (5) Date for county boards to send out Military/Special Federal ballots. 10-108 (1) & 11-204 Last day to postmark ballot and date it must be received by the board of elections. 10-114(1) & 11-212

CERTIFICATION3/9/12 3/1/12 Certification of Primary ballot by SBOE of designations filed in its office. 4-110 Certification of Primary ballot by CBOE of designations filed locally. 4-110 4/23/12; 5/1/12

3/2/12

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Eric A. Ulrich 101-24 91 Street Ozone Park, NY 114 I 6Anthony Testaverde 2088 Bragg Street Brooklyn, NY 1 122910

Margaret Ognibene 44-82 83rdStreet Middle Village, NY 113 79

Christopher L.Larson 85 Hudson Avenue, 2A Brooklyn, NY I1201 Diane Haslelt-Rudiano 258 Schenck Avenue, #2 Brooklyn, NY 11207

Henry C. Snead, Sr. 289 Hancock Street Brooklyn, NY 1 12 16Belinda Lindros1325 Pennsylvania Avenue, Apt. 17C

Brooklyn, NY 1 I239

Rornney CO Delegates and Alternate Delegates pg.3

Delegates

Alten~ate DelegatesNancy Schacller 85 Livingston Street, I GD Brooklyn. NY 11201

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MariIyn Miller 1272 Bergcn Street, #2 BrookIyn. NY 11213Francis Voyticky 4 1 Eastem Parkway, PHA Brooklyn, N Y 1 1 23 8

Joseph F. Messineo 106 lS"1ace Brooklyn, NY 11231Jacqueline Haro 59 Kent Street, Apt. 4F Brooklyn, NY I 1222. -; . .:- - -.->-

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Paul A. Kerzi~er 58-4 1 69"%venue Ridgewood, N Y 113.85

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Timothy L. Reynolcls 56 Spring Street, 3 FL New York, NY 10012Lisa Grey 209 Cotter Avenue S taten Island. NY 10306

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Guy V. Molinari 3465 Amboy Road, 1C Staten Island, NY 1030614

Lou Tobacco 223 Finlay Street Staten Island, NY 10307

Robert W. Johnson 834 Avenue, 12A New York, NY 10065

Joim C. Whitehead 16 Sutton Square New York, NY 10022Randy Levine 245 East 5gth Street, 5D New York, NY 10022Constance S. Pond 15 Ciaremont Avenue, 63 New York. NY 10027

William F. Weld 121 ~ a s61" Street t New York, NY 1006515

David R. Malpass275 Central Park West, Apt. 93 1

New York, NY 10024Robert G. Hubbard 15 Claremont Avenue, 63 New York, NY 10027

Adele MaIpass275 Central Park West. Apt, 9B New York, NY 10024

Rornney CD Delegates and Alternate Delegates

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Shemeen Chappell1975 Grand Avenue, 4F Bronx, NY 10453

Ebone Ryals 2710 Sedgwick Avenue, 1E Bronx, NY 10468Ernest Kebreau, Jr. 2043 Creston Avenue, #25 Bronx, NY 10453

Earl Hayde 27 10 Sedgwick Avenue, l E Bronx, NY 10468

Marytheresa Milillo 1 I S. Highland AvenuePearl River, NY 10965-1616

Maureen M.Dougher 32 Tallman Place Nyack, NY 10960Matthew 3. Doherty 206 Alpine PIace Tucknhoe, NY 10707

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John P. Cahill 84 Northview Terrace Yonkers, NY 10703 EmiI W. Henry, Jr. 161 Cantitoe Street Katonah, NY 10536

Steven Price 15 Heathcote Road Scarsdale, NY 105 83Sue W, KelIy 187 Jay Street Katonah, NY 10536 Donald B. Smith I 4 1 Dykeman Road Camel, NY 105 12-5049

Gregory R. Ball 683 Route 3 1 1 Patterson, NY 12563-2602

Marcus J. Molinaro 47 Prince Street Red Hook, NY 12571Michael McCorrnack 1 8 Beaver Edge Road Rhinebeck, NY 12572

John J. Fasa14 Sylvester Street Kinderhook, NY 12106

Patricia J. Hohmaun 47 Connelly Drive Staatsburg, NY 12580

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Michael 5. Qolan 12 Laurel Road S foatsburg, NY 10974-13 12

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