Tuesday, November 18, 2008

Alan Keyes v. Bowen (California Secretary of State)

Keyes v. Bowen was filed in California Superior Court in Sacramento, California on November 12, 2008.

Here's part of the filing:

74. A press release was issued on October 31, 2008, by the Hawaii Department of Health by its Director, Dr. Chiyome Fukino. Dr. Fukino said that she had “personally seen and verified that the Hawaii State Department of Health has Senator Obama’s original birth certificate on record in accordance with state policies and procedures.” That statement failed to resolve any of the questions being raised by litigation and press accounts. Being “on record” could mean either that its contents are in the computer database of the department or there is an actual “vault” original.

75. Further, the report does not say whether the birth certificate in the “record” is a Certificate of Live Birth or a Certificate of Hawaiian Birth. In Hawaii, a Certificate of Live Birth resulting from hospital documentation, including a signature of an attending physician, is different from a Certificate of Hawaiian Birth. For births prior to 1972, a Certificate of Hawaiian Birth was the result of the uncorroborated testimony of one witness and was not generated by a hospital. Such a Certificate could be obtained up to one year from the date of the child’s birth. For that reason, its value as prima facie evidence is limited and could be overcome if any of the allegations of substantial evidence of birth outside Hawaii can be obtained. The vault (long Version) birth certificate, per Hawaiian Statute 883.176 allows the birth in another State or another country to be registered in Hawaii. Box 7C of the vault Certificate of Live Birth contains a question, whether the birth was in Hawaii or another State or Country. Therefore, the only way to verify the exact location of birth is to review a certified copy or the original vault Certificate of Live Birth and compare the name of the hospital and the name and the signature of the doctor against the birthing records on file at the hospital noted on the Certificate of the Live Birth.

You can read the complete complaint here.

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