A judge in Florida has dismissed a lawsuit that alleged President Barack Obama was not eligible to be President of the United States and could not legally appear on the state’s ballot this November.
The lawsuit was filed by Fort Lauderdale automobile salesman Michael Voeltz, who received counsel from conservative legal activist Larry Klayman, according to CBS Tampa.
Leon County Circuit Judge Terry Lewis noted the legal complaint contained a number of flaws, including the fact that Obama has not yet been officially nominated as the Democratic candidate for president. Obama will be nominated next month.
The lawsuit challenged Obama’s nomination, alleging that the President had not demonstrated and the Secretary of State had not confirmed that he was a “national born citizen.”
Many of the so-called “birthers” believe Obama was born in Kenya in 1961 and that his birth certificate was faked in order to make him eligible for the presidency. In an attempt to quiet the “birther” conspiracies, Obama released his long-form birth certificate last year. It confirmed what his other birth certificate released in 2008 said: the president was born in Honolulu, Hawaii on August 4, 1961.
Even if Obama was born in the United States, the plaintiffs alleged he was still not a “natural born citizen” because his father was a British subject. But the judge noted that the courts had already ruled that anyone born within the borders of the United States was a “natural born citizen” under the U.S. Constitution, regardless of the citizenship of their parents.