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FORMAL NOTICE OF CHALLENGE TO THE CONSTITUTIONALITY OF WASHINGTON STATE VOTER AND JUROR ELIGIBILITY LAWS

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  • Supreme Law Firm
    FORMAL NOTICE OF CHALLENGE TO THE CONSTITUTIONALITY OF WASHINGTON STATE VOTER AND JUROR ELIGIBILITY LAWS: RCW 29A.08.230; RCW 2.36.070; and, Art. VI, Sec. 1,
    Message 1 of 1 , Jun 19, 2010

    FORMAL NOTICE OF CHALLENGE TO THE CONSTITUTIONALITY

    OF WASHINGTON STATE VOTER AND JUROR ELIGIBILITY LAWS:

    RCW 29A.08.230;  RCW 2.36.070;  and,

    Art. VI, Sec. 1, Washington State Constitution

     

    Date:  June 21, 2010 A.D.

     

    TO WHOM IT MAY CONCERN:

     

    This is a Formal Notice that the Undersigned hereby challenges the constitutionality of the Washington State laws itemized above, as follows:

     

    RCW 29A.08.230 reads as follows:

     

    Oath of applicant.

     

    For all voter registrations, the registrant shall sign the following oath:

     

    "I declare that the facts on this voter registration form are true.  I am a citizen of the United States, I am not presently denied the right to vote as a result of being convicted of a felony, I will have lived in Washington at this address for thirty days immediately before the next election at which I vote, and I will be at least eighteen years old when I vote."

     

    [bold emphasis added]

    RCW 2.36.070 reads as follows

     

    Qualification of juror.

     

    A person shall be competent to serve as a juror in the state of Washington unless that person:

     

    (1)     Is less than eighteen years of age;

     

    (2)     Is not a citizen of the United States ....

     

    [bold emphasis added]

     

    Article VI, Section 1 of the Washington State Constitution reads as follows:

     

    ARTICLE VI

    ELECTIONS AND ELECTIVE RIGHTS

     

    SECTION 1  QUALIFICATIONS OF ELECTORS.  All persons of the age of eighteen years or over who are citizens of the United States and who have lived in the state, county, and precinct thirty days immediately preceding the election at which they offer to vote, except those disqualified by Article VI, section 3 of this Constitution, shall be entitled to vote at all elections.  [AMENDMENT 63, 1974 Senate Joint Resolution No. 143, p 807. Approved November 5, 1974.]

     

    [bold emphasis added]


    Article I, Section 12 of the Washington State Constitution expressly prohibits such discrimination against any “class of citizens” as follows:

     

    ARTICLE I

    DECLARATION OF RIGHTS

     

    SECTION 12  SPECIAL PRIVILEGES AND IMMUNITIES PROHIBITED.  No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.

    [bold emphasis added]

     

     

    There are two (2) classes of citizens under current American laws never repealed, not one (1) class (see attached).

     

    The term “citizen of the United States” is synonymous with the term “federal citizen”.  Cf. “Federal citizenship” as expressly defined as such in Black’s Law Dictionary, Sixth Edition, and in other competent legal dictionaries and related competent authorities.

     

     

    Accordingly, RCW 29A.08.230, RCW 2.36.070 and Article VI, Section 1 of the Washington State Constitution are all unconstitutional for expressly discriminating against the class of Citizens otherwise known as State Citizens aka Citizens of one of the United States of America who are not also federal citizens by Right of Election.

     

    Such unconstitutionality causes said laws to be in direct conflict with the Constitution for the United States of America specifically at the Qualifications Clauses, Arising Under Clause, and Privileges and Immunities Clause in that Constitution, and with the guarantees of Equal Protection of the Law in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

     

    The latter two (2) United States Treaties are rendered supreme Law of the Land throughout Washington State by the Supremacy Clause in the Constitution for the United States of America, as lawfully amended.

     

    Such unconstitutionality causes said laws to be in direct conflict also with Article I, Section 12 of the Washington State Constitution, which expressly prohibits the granting to any class of citizens privileges or immunities which upon the same terms shall not equally belong to all citizens.

     

    Specifically, the voter and juror eligibility laws cited above grant privileges and immunities to the class of federal citizens which do not equally belong upon the same terms to State Citizens, such as Citizens of Washington State, who are not also federal citizens by Right of Election.


    INCORPORATION OF ATTACHMENTS

     

    All documents attached hereto are hereby expressly incorporated by reference, as if set forth fully here.

     

     

    VERIFICATION

     

    I, Paul Andrew Mitchell, Sui Juris, hereby verify under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1).  See Supremacy Clause (Constitution, Laws and Treaties of the United States are all the supreme Law of the Land throughout Washington State), and also Article I, Section 2 of the Washington State Constitution (the Constitution of the United States is the supreme law of the land throughout Washington State).

     

     

    Dated:    June 21, 2010 A.D.

     

     

    Signed:   /s/ Paul Andrew Mitchell

              ___________________________________________

    Printed:  Paul Andrew Mitchell, B.A., M.S., Sui Juris

              Private Attorney General, 18 U.S.C. 1964, Rotella v. Wood

              (born to American parents at high noon on June 21, 1948 A.D.

               at Hanneman Hospital, Worcester, Massachusetts, USA)

     

              All Rights Reserved without Prejudice



    Attachments:


    http://apps.leg.wa.gov/rcw/default.aspx?cite=29A.08.230

    http://apps.leg.wa.gov/rcw/default.aspx?cite=2.36.070

    http://www.leg.wa.gov/lawsandagencyrules/pages/constitution.aspx


    http://www.supremelaw.org/authors/mitchell/citizenship.for.dummies.htm + all "Further Reading"

    http://www.supremelaw.org/authors/mitchell/comments.on.citizenship.for.dummies.htm

    http://www.supremelaw.org/press/rels/correct.amendment.htm

    http://www.supremelaw.org/letters/petition.to.amend.constitution.cantwell.washington.htm

    http://www.supremelaw.org/letters/petition.to.amend.constitution.murray.washington.htm



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