MEMORANDUM of COMPLAINT of ELECTION FRAUD against HOWARD DEAN, (former)

CHAIR, DNC SERVICES CORPORATION (“DNC”); and JOSEPH E. SANDLER, (former)

DNC GENERAL COUNSEL; and CAROL FOWLER, CHAIR, SOUTH CAROLINA
DEMOCRATIC PARTY and KATHY HENSLEY, (former) TREASURER; and THE
HONORABLE NANCY PELOSI, ACTING in a NON-GOVERNMENTAL ROLE as CHAIR,
2008 DNC CONVENTION; and ALICE TRAVIS GERMOND, SECRETARY, DNC; and
REQUEST for INVESTIGATION by ATTORNEY GENERAL of SOUTH CAROLINA

To: Henry McMaster, Attorney General of South Carolina

VIA FAX: 803.734.3646
From:

Subject: Complaint of Election Fraud against Howard Dean, (former) Chair, DNC
Services Corporation (“DNC”); and Joseph E. Sandler, (former) DNC
General Counsel; and Carol Fowler, Chair, South Carolina Democratic
Party and Kathy Hensley, (former)Treasurer; and The Honorable Nancy
Pelosi, Acting in a Non-Governmental Role as Chair, 2008 DNC
Convention; and Alice Travis Germond, Secretary, DNC; and Request
for Investigation by Attorney General of South Carolina
Date: March 5, 2010
Copies: Howard Dean, DNC
Joseph E. Sandler, Sandler, Reiff & Young, P.C.
Carol Fowler, Chair, South Carolina Democratic Party
Kathy Hensley, (former) Treasurer, South Carolina Democratic Party
The Honorable Nancy Pelosi, Speaker of the U.S. House of Representatives
Alice Travis Germond, DNC
Marci Andino, Executive Director, South Carolina Election Commission

PURPOSE OF CONTACT

This is a formal complaint of election fraud against Howard Dean, (former) Chair of the DNC;
and (former) DNC General Counsel Joseph E. Sandler; and Carol Fowler, Chair, South
Carolina Democratic Party and former Treasurer, Kathy Hensley; and The Honorable Nancy
Pelosi, Speaker of the U.S. House of Representatives acting in the non-governmental role of
Chair, 2008 DNC Convention and Alice Travis Germond, Secretary; and request for
investigation of these charges by the Office of Attorney General of South Carolina.

Specifically, under South Carolina law, in order to have state election officials print the name of
any candidate on our primary or general election ballots, s/he must be qualified for the job.
Under Article II, Section 1, of the U.S. Constitution, the President of the United States
(“POTUS”) must be a Natural Born Citizen (“NBC”). To get Barack Obama‟s name on the
Presidential Primary ballot, Mmes Fowler and Hensley submitted to the South Carolina Board
of Elections a signed memorandum consistent with South Carolina law attesting to the fact
Barack Obama was a candidate for the Democratic nomination for POTUS and was
 MEMORANDUM of COMPLAINT of ELECTION FRAUD against HOWARD DEAN, JOSEPH SANDLER,
CAROL FOWLER, KATHY HENSLEY, NANCY PELOSI and ALICE GERMOND
March 5, 2010
Page 2 of 6

Constitutionally qualified for the job. To get Barack Obama‟s name on the general election
ballot, Mr. Sandler, acting in concert with and/or under the direction of Mr. Dean and/or Ms.
Pelosi formally submitted to the Board of Elections the Official DNC Certificate of Nomination
signed by Mmes Pelosi and Ms. Germond swearing Mr. Obama was “duly nominated” as the
candidate for POTUS for the Democratic Party and had met the legal qualifications for the job.
However, overwhelming circumstantial evidence points to the fact at the time they signed and
forwarded these Certifications, none of these people could have ascertained Mr. Obama is a
NBC. And in South Carolina, swearing to election officials he is a NBC without ascertaining he
is, in order to secure a place on the ballot, constitutes election fraud.

Citizens from several states, concerned that members of the Democratic Party had submitted
to their state election officials these unauthenticated Certificates of Nomination, contacted the
DNC requesting to see the documentation on which they had based this Certification. Ms.
Pelosi ignored all such requests. Mr. Sandler, claiming he was responding to requests that
were directed to Ms. Germond, said, “The Democratic National Committee is not a state
agency subject to the open records or freedom of information statutes of any state.”
http://jbjd.wordpress.com/2009/09/20/the-cheese-stands-alone/ And based on the fact, no law
required him to produce the requested documentation; he chose not to produce this
documentation.

Such display of hubris by members of any political party confronted by citizens

concerned as to the legitimacy of the electoral process cannot be tolerated in our
Constitutional Republic.

Candidates representing the DNC Services Corporation may not participate in the
election process carried out in the state of South Carolina on behalf of the citizens of
this state unless they obey our rules. And if our state law is to operate as anything more
than form with no function, the state must now compel this political party to produce the
evidence that was the basis for its Certification to South Carolina election officials that Barack
Obama, the party‟s nominee for President, satisfied those laws requiring the candidate to be
qualified for the job. Absent such evidence, it appears that by Certifying such qualification,
Mmes Fowler, Hensley, Pelosi, and Germond; and Messrs Dean and Sandler have
perpetrated election fraud on the citizens of South Carolina.

WHEREFORE, I request an immediate investigation by the Attorney General of South

Carolina.

(Note: This Complaint takes no position on whether Mr. Obama is a NBC.)

RATIONALE

1. Under South Carolina Code Annotated, Title 7, Chapter 13, §7-13-350,

Certification of candidates; verification of qualifications, (A) “... The written
certification required by this section must contain a statement that each
 MEMORANDUM of COMPLAINT of ELECTION FRAUD against HOWARD DEAN, JOSEPH SANDLER,
CAROL FOWLER, KATHY HENSLEY, NANCY PELOSI and ALICE GERMOND
March 5, 2010
Page 3 of 6

candidate certified meets, or will meet by the time of the general election, or as
otherwise required by law, the qualifications for the office for which he has filed.
Any candidate who does not, or will not by the time of the general election, or as
otherwise required by law, meet the qualifications for the office for which he has
filed shall not be nominated and certified, and such candidate's name shall not be
placed on a general, special, or municipal election ballot.” Article II, section 1 of
the U.S. Constitution requires that the POTUS must be a Natural Born Citizen.

Thus, in order to satisfy federal requirements for POTUS that would entitle Mr. Obama‟s
name to be printed on the South Carolina Presidential Preference Primary or general
election ballot, he must be a NBC.

2. In a typed letter dated November 1, 2007 Carol Fowler, Chair, South Carolina
Democratic Party submitted to South Carolina elections officials the names of all
of the candidates, including Barack Obama, whom the party had certified to be
placed on that state‟s Presidential Preference Primary ballot. Below Ms. Fowler‟s
signature, Ms. Hensley, (former) state party Treasurer hand wrote a note that
bears her signature, certifying the primary candidates on the list were
Constitutionally qualified for the job.

State lawmakers failed to enact legislation that would require any state actor to check
on the party‟s Certification of their nominee‟s qualifications. Thus, having certified Mr.
Obama was Constitutionally qualified to be POTUS, Mmes Fowler and Hensley could
anticipate South Carolina election officials would take their word, he is Constitutionally
qualified for the job.

3. In a letter dated August 28, 2008 Joseph Sandler, General Counsel of the DNC
Services Corporation, either in concert with and/or under the direction of Mr.
Dean submitted to South Carolina elections officials the Certification of
Nomination signed by The Honorable Nancy Pelosi, chosen by Mr. Dean to be the
Chair of the 2008 DNC Convention,* and Alice Germond, swearing Mr. Obama is a
NBC, so election officials would print his name on the South Carolina general
election ballot.

The rules of the Democratic National Committee require the nominee must be qualified
under the U.S.
Constitution.http://s3.amazonaws.com/apache.3cdn.net/3e5b3bfa1c1718d07f_6rm6bhy
c4.pdf (p.14, K.1 and 2). Article II, section 1 of the U.S. Constitution requires that the
POTUS must be a Natural Born Citizen. Thus, Certifying Barack Obama has been
nominated as the Democratic Party candidate for POTUS was tantamount to verifying,
he is Constitutionally qualified for the job, which means, he is a NBC.

State lawmakers failed to enact legislation that would require any state actor to check
on the nominee‟s eligibility. And they expressly excluded from both receiving the party
 MEMORANDUM of COMPLAINT of ELECTION FRAUD against HOWARD DEAN, JOSEPH SANDLER,
CAROL FOWLER, KATHY HENSLEY, NANCY PELOSI and ALICE GERMOND
March 5, 2010
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nomination and from appearing on the ballot anyone not qualified for the office sought.
Thus, the express meaning of legislation requiring statements of candidate eligibility is
clear: if the party gives us the name of its nominee for POTUS to be printed on the
general election ballot then, we must assume the party has previously determined this
person is Constitutionally qualified for the job.

(Note: Hawaii Revised Statutes §11-113 requires the party to Certify their nominee is
Constitutionally qualified for the job, to get his name on the general election ballot. So
the DNC added this line to the Certification of Nomination submitted to election officials
in that state: Barack Obama is “legally qualified to serve under the provisions of the
United States Constitution.” http://jbjd.wordpress.com/2009/08/13/if-drowning-out-
opposing-facts-is-un-american-then-ignoring-unpleasant-facts-must-be-un-american-
too/)

*http://jbjd.wordpress.com/2009/08/28/never-less-than-a-treason-2-of-2/

4. Mmes Fowler, Hensley, Pelosi, and Germond; and Messrs Dean and Sandler
could not have ascertained Barack Obama is a NBC at any time prior to August
28, 2008, the date on the letter accompanying the Official DNC Certification of
Nomination submitted to South Carolina election officials verifying he was a
qualified candidate given the fact at this same time, he insisted the evidence
proffered to establish his Constitutional qualification for POTUS “prove[d]” he is
only a “native citizen” but not a NBC.

Explicitly acknowledging public doubts as to whether he is a NBC, in June 2008 Mr.

Obama created and paid for a web site entitled, “Fight the Smears” (“FTS”), on which he
posted a photocopy of a document entitled, “Certification of Live Birth” (“COLB”) from
the State of HI. http://fightthesmears.com/articles/5/birthcertificate. Mr. Obama
proclaimed this photocopied Certification proves he is a “native citizen of the United
States of America.” (While the actual title that appears within the document identifies
this is a “Certification,” Mr. Obama wrote underneath the image, this is his “Official Birth
Certificate.”)

(Note: While the text of FTS as it pertains to Mr. Obama‟s eligibility status has
remained the same, the footer of the page continues to change. In the original version
of the FTS site, the footer read, “Paid for by Barack Obama 2008.” Subsequently, the
footer was altered to read, “Paid for by Obama for America”; which was then changed to
read, “Paid for by Organizing for America, a Project of the Democratic National
Committee.” This remains its current iteration. Also, at various times, the site address
appeared as either a .com or, a .org.)

5. Mmes Fowler, Hensley, Pelosi, and Germond; and Messrs Dean and Sandler
could not have ascertained Barack Obama is a NBC prior to August 28, 2008, the
date the Official DNC Certification of Nomination was submitted to South Carolina
 MEMORANDUM of COMPLAINT of ELECTION FRAUD against HOWARD DEAN, JOSEPH SANDLER,
CAROL FOWLER, KATHY HENSLEY, NANCY PELOSI and ALICE GERMOND
March 5, 2010
Page 5 of 6

elections officials verifying he was a NBC based on that internet COLB given the
fact that 4 (four) months later, in January 2009, Defendant Obama repeated in
pleadings he submitted to the federal court, the best evidence he was born in HI
is the original document of that FTS COLB; yet he failed to submit this „original‟
COLB to the Clerk of the Court to be marked up as evidence and made a part of
the official court record.

In January 2009, Mr. Obama was the named Defendant in a case filed in federal district
court, ostensibly seeking to determine whether the Uniform Code of Military Justice
required a military Plaintiff to obey orders from a Commander in Chief he was not
certain was a NBC. (Pleadings for Hollister v. Soetoro, Civil Action No. 1:08-cv-02254-
JR, can be found on line at http://jbjd.wordpress.com/2009/08/09/rumors-lies-and-
unsubstantiated-facts/.) Mr. Obama submitted a Motion to Dismiss predicated on
Plaintiff‟s failure to establish the Court's jurisdiction; and to state a claim upon which
relief can be granted. (The Defendant was represented by Attorney Robert F. Bauer of
PERKINS COIE LLP, who signed the pleadings submitted to the court on his client‟s
behalf.) Additionally, Mr. Obama asked the court to take judicial notice of the following
„fact‟: he had publicly produced a certified copy of a birth certificate showing that he was
born on August 4, 1961, in Honolulu, Hawaii. (Presumably, he used the phrase “publicly
produced” referring to the fact, he posted that photocopied COLB on his FTS web site.)
Yet he did not provide the court with the „original‟ COLB so the Clerk could mark up the
document as evidence and place it in the case record (where it would be subject to
scrutiny by the Plaintiff or the judge‟s in-camera inspection). Instead, he tried to
authenticate that internet COLB just by asking the court to take “notice” that Annenberg
Political Fact Check (“APFC”) “conclude[d] that the birth certificate is genuine.”
http://jbjd.wordpress.com/2009/08/09/rumors-lies-and-unsubstantiated-facts/ (APFC is
one of many such organizations wholly funded by the Annenberg Foundation, which
also paid his salary as Chair of the Chicago Annenberg Challenge from 1995-1999.)
(And recall he wrote on FTS, this COLB only establishes he is a “native citizen,”
anyway.)

Given the fact that 2008 DNC Convention Chair Pelosi is also the Speaker of the U.S.
House of Representatives, making her 3rd in line of Presidential succession, with all of
the gravitas incorporated therein, it defies credulity that Mr. Obama would seek judicial
notice of the lesser fact he is a native citing APFC says he is; but not offer into evidence
the DNC Official Certification of Nomination Ms. Pelosi submitted to election officials in
the state of HI, swearing Barack Obama is “legally qualified to serve under the
provisions of the United States Constitution,” or any one of the dozens of her signed
Certifications, which persuaded election officials throughout the country to print the
name of Barack Obama next to the D on the Presidential ballots in the 2008 general
election.

Eschewing reliance on Ms. Pelosi‟s Certification, incredibly, Mr. Obama asked the court
to take judicial notice of this information: APFC “note[d] a contemporaneous birth
 MEMORANDUM of COMPLAINT of ELECTION FRAUD against HOWARD DEAN, JOSEPH SANDLER,
CAROL FOWLER, KATHY HENSLEY, NANCY PELOSI and ALICE GERMOND
March 5, 2010
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announcement published in a Honolulu newspaper.” In fact, APFC had only posted on

their web site an image of an unattributed „newspaper announcement,‟ which phantom
image they admitted they had usurped from the “td” blog, where it was posted
anonymously. (Note: the “td” TexasDarlin blog site was closed by its owner in August
2009.) With no further investigation into that „announcement,‟ APFC declared, “The
evidence is clear: Barack Obama was born in the U.S.A.”
http://www.factcheck.org/elections-2008/born_in_the_usa.html) Like APFC, Defendant
Obama omitted the name of this publication. And he failed to enter into the court record
any physical evidence of a newspaper announcement, making his claims there was
such an announcement, as with his claims the internet COLB was real, impossible to
verify, too.

6. Mmes Fowler, Hensley, Pelosi and Germond; and Messrs Dean and Sandler could
not have ascertained Barack Obama is a NBC prior to August 27, 2008, the date
on the Certification submitted to South Carolina elections officials verifying he
was a NBC given the fact that as of August 2009, a year after submitting this
Certification, the DNC advertised Mr. Obama is a “native citizen” but not a NBC.

A Google ad appearing on the internet in August 2009 asks this intriguing question
followed by the answer: “Where was Obama Born? The President was Born in Hawaii.
Learn More! www.FightTheSmears.com .”
http://pages.suddenlink.net/tristanne/turks.png
Following the link provided in the ad takes you to a version of FTS which, according to
the attribution in the footer, is “Paid for by Organizing for America, a Project of the
Democratic National Committee.” Again, the FTS site only claims Mr. Obama is a
native, not a NBC. And, again, the web site displays the image of that Certification
which Mr. Obama had only described to the court thereby eliminating the possibility of
an „in-camera‟ inspection.

CONCLUSION

South Carolina law requires candidates for public office whose names appear on any election
ballot must be qualified for the job. Officials of the Democratic Party Certified to South
Carolina election officials Barack Obama was qualified for the job of POTUS, causing these
officials to print his name on both the primary and the general election ballot. But the scant
evidence available in the public record at the time of this Certification failed to establish he is a
NBC (or even that he is a citizen). Citizens concerned the Democratic Party Certified Mr.
Obama‟s qualifications without verification asked the party to disclose the basis for their
Certification. The party said, „No.‟ Therefore, the AG must now intervene on the citizens‟
behalf to investigate these charges of election fraud.