| 04 July, 2004
The Secretary of State of California,
Mr. Kevin Shelley
1500 11 Street. 6th Floor
Sacramento, California (95814)
Dear Mr. Shelley:
I am a candidate for the office of Representative to the Congress of
the United States of America from California's 24th congressional district.
I intend to declare my candidacy in conformance with the laws of the United
States and California which are applicable to a Citizen of California seeking
such office.
The applicable federal law is clearly stated by the federal Constitution,
to wit:
I am a natural-born Citizen of Montana, a union state, and
thereby a Citizen of the United States as contemplated by our Declaration
of Independence and Article I, Section 2, clause 2 of the Constitution
for the united States of America.
I am a Citizen of California, the Republic and union state, by oath
of allegiance and proclamation, I am domiciled in California and therefore,
an inhabitant of this State.
I am a qualified Elector under the terms of Article II, Section 1 of
the Constitution of the State of California (1849).
In order for me to to comply with California law, the Opinion of the Secretary
of State of California is requested to settle these questions of qualification
requirements in the state:
Question Number One:
May a candidate for Representative to the Congress who is a
declared Citizen of California, who is and has been a physical inhabitant
of California since 1975, and whose actual domicile is and has been California
since 1975, and who does not derive his status as Citizen of the state
from any provision of the Fourteenth Amendment to the United States
Constitution, and who qualifies as an elector in the state, but is not
a registered voter in the state, be certified by the Secretary?
Basis for Question One:
Since 1939, California county Great Registers of Voters have been supplanted
by federal voter provisions, resulting in the removal of state Citizenship
as a qualified voter status. Since a Citizen of a state is not required
to be a citizen of the federal government, and since the only registration
forms allowed in California by the Secretary require certification of federal
citizenship by the applicant and therefore, by omission, exclude state
Citizen status, Citizens of California not federal citizens are prevented
from registering to vote as Californians by this requirement. In fact,
the current certification jurat specifies "citizen of the United States
of America", a descriptive term for a political status which has no lawful
or authoritative existence. In any of the United States, there are only
federal "citizens" of 14th amendment status and state Citizens as contemplated
in the qualifications clauses of the federal constitution. No other legal
"Citizen/citizen" entities exist in our Union's laws.
Question Number Two:
May a California state Citizen candidate for office as Representative
to the Congress of the United States of America who is qualified as an
elector in the state and qualified as a candidate, but is not a registered
voter in the state, personally collect voter signatures for
his own Petition in Lieu of Filing Fee and Nominating Signatures?
Basis for Question Two:
California statutes which require that signature gatherers be registered
voters presume federal citizenship, because only federal citizens may truthfully
certify that they are citizens, either "U.S. citizens", "citizens of the
United States", or as expressed by the current California Voter Registration
form, "citizens of the United States of America". Strictly interpreted,
these statutory registration requirements deny registration as voter by
the California state Citizen and prevent a Citizen of California,
qualified in all aspects of candidacy for the office of Representative
to the Congress, from gathering signatures on his own behalf.
Thank you for your prompt consideration and for the assistance already
offered by your staff and by Melinda Warren of the elections section.
Best regards,
Henry Nicolle |
Henry Nicolle 