Motion to Reconsider Petition of Appeal of Denial of Voter Registration
Brad Barnhill
VIRGINIA: IN THE CIRCUIT COURT IN THE CITY OF CHARLOTTESVILLE
RE: SUPPLEMENTAL OBJECTION TO ORDER IN THE MATTER 97-57:
U.S. Constitution: Article I, Section 2, Clause 1; Ninth Amendment;
Tenth Amendment; Virginia Constitution, Article I, § 17.
COMES NOW Petitioner, Brad L. Barnhill, Citizen of the republic known
as the Virginia commonwealth, expressly not a U.S. citizen ("federal
citizen"), to object to this Court's ORDER dated 05/19/97, and to
request timely reconsideration of same, for all of the following
reasons:
1. The Constitution for the United States of America as lawfully
amended (hereinafter "U.S. Constitution"), as such, does not extend
beyond the limits of the states which are united by and under it. See
Downes v. Bidwell, 182 U.S. 244 (1901). The guarantees of the U.S.
Constitution extend to the federal zone only as Congress makes those
guarantees applicable, by statutes. See Hooven & Allison Co. v.
Evatt, 324 U.S. 652 (1945).
2. Federal citizens are members of a political association which owes
allegiance to the municipal jurisdiction of Congress. See 1:8:17 and
4:3:2. See 1866 Civil Rights Act; Dyett v. Turner, 439 P.2d 266, 270
(1968).
3. Americans who elect to enjoy the political rights of both state
and federal citizens, are subject to the rules and regulations which
apply to federal citizens. Confer at "Right/Constitutional
Rights/Political rights" in Black's Law Dictionary, Sixth Edition.
4. Only those Americans who are Citizens of one of the several states,
and who are not also federal citizens, have clear and unclouded
standing to enforce the fundamental guarantees of the U.S.
Constitution, and of the Virginia state Constitution, against state
and federal government employees, regardless of branch. See Gardina
v. Board of Registrars, 160 Ala. 155, 48 S. 788, 791 (1909).
5. The right to vote in general elections is a fundamental Right. See
Fort v. Civil Service Commission of County of Alameda, 392 P.2d 385
(1964). As such, it is an unalienable Right (read "un-lien-able").
6. The Tenth Amendment reserves to Citizens of the several states all
fundamental Rights guaranteed by the state and federal constitutions,
whether they are enumerated or not enumerated. See also Ninth
Amendment. See also Virginia Constitution, Article I, § 17.
7. In its Letter to Petitioner, the State purports that Petitioner
cannot voluntarily revoke a social security number. The State has
failed to produce any proof of this assertion.
8. Petitioner produced evidence that for adult Citizens, participation
in social security is completely voluntary. This evidence was not
disputed by the State either by written or oral argument. See also
Railroad Retirement Board v. Alton Railroad Co., 295 U.S. 330, 55 S.
Ct. 758 (1935).
9. Petitioner has not knowingly, willingly or intentionally applied
for a social security number. This fact was not disputed by the
State.
10. There being no federal or state law which would prevent Petitioner
from revoking the application for the social security number made in
his name and without his consent, Petitioner is within his
Unenumerated Rights to do so. See U.S. Const. Ninth and Tenth
Amendments, Va. Const., Art. I, § 17. Since the State cannot cite any
statutory authority which would prevent Petitioner from performing
this action, the State is barred from depriving Petitioner of this
Right through administrative fiat.
11. Petitioner has exercised his rights as a free, sovereign Citizen,
upheld by various court decisions, to revoke, rescind, cancel and to
render null and void, both currently and retroactively to the time of
signing all signatures on any Social Security document, to include the
"SOCIAL SECURITY" application (Form SS-5), made in his name. It is
well settled in law that Citizens have every right to vacate and/or
change any act affecting their life committed by another on their
behalf when the individual was a minor child.
12. Since Petitioner does not have a social security number, he cannot
provide it on the Application for Virginia Voter Registration and then
subscribe to and swear the oath that the foregoing information on the
Application is true and correct. The State cannot force Petitioner to
commit perjury in order to register to vote.
CONCLUSION
Respondents are prohibited from infringing upon Petitioner's
fundamental Right to vote.
Petitioner has no valid SSN, and cannot be prevented from voting
solely for this reason.
Respectfully Submitted,
/s/ Brad L. Barnhill
Brad L. Barnhill,
state Citizen of the Virginia commonwealth,
Sui Juris,
in persona propria
CERTIFICATE
I, Brad L. Barnhill, state Citizen of the republic known as the
Virginia commonwealth, hereby certify that a true copy of the
foregoing Supplemental Objection to Order was delivered into the hand
of Ronald M. Huber, Assistant Commonwealth's Attorney for the City of
Charlottesville, this 29th day of May 1997.
/s/ Brad L. Barnhill
Brad L. Barnhill,
state Citizen of the Virginia commonwealth,
Sui Juris,
in persona propria
VIRGINIA: IN THE CIRCUIT COURT IN THE CITY OF CHARLOTTESVILLE
IN RE: Brad L. Barnhill, Petitioner Case No. 97-57
MOTION TO RECONSIDER
PETITION OF APPEAL OF DENIAL
OF VIRGINIA VOTER REGISTRATION
COMES NOW Petitioner, Brad L. Barnhill, Citizen of the republic known
as the Virginia commonwealth, expressly not a U.S. citizen ("federal
citizen"), to request timely reconsideration of this Petition of
Appeal of Denial of Virginia Voter Registration, for all of the
following reasons:
1. Petitioner has the burden of proof to establish that he is eligible
to vote under the Constitution and Laws of the Virginia commonwealth.
Petitioner has voted in every possible election since he reached the
age of majority in 1974. Petitioner has been domiciled at the same
residence since 1986, and has maintained a valid voter registration
until January of this 1997.
2. As Social Security is a voluntary program for Citizens, Petitioner
has exercised his rights as a free, sovereign Citizen, upheld by
various court decisions, to revoke, rescind, cancel and to render null
and void, both currently and retroactively to the time of signing all
signatures on any Social Security document, to include the "SOCIAL
SECURITY" application (Form SS-5), made in his name and without his
consent. It is well settled in law that Citizens have every right to
vacate and/or change any act affecting their life committed by another
on their behalf when the individual was a minor child.
3. Petitioner has no valid social security number, and cannot be
prevented from voting solely for this reason.
4. The State has alleged, without any proof whatsoever, that
Petitioner cannot voluntarily revoke the application for the social
security number made in his name and without his consent. Petitioner
places the burden of proof for this allegation squarely upon the
State.
WHEREFORE, as Petitioner's Guarantee to a Republican form of
government has been abridged due to administrative fiat, and not due
to any written law, Petitioner seeks JUDICIAL RELIEF from this
deprivation of his Unalienable Rights.
ACCORDINGLY, Petitioner prays this Court will VACATE the ORDER entered
on 5/19/97 in this matter and will GRANT a new hearing to RECONSIDER
this matter at its earliest convenience.
Respectfully Submitted,
/s/ Brad L. Barnhill
Brad L. Barnhill,
state Citizen of the Virginia commonwealth,
Sui Juris,
in persona propria
CERTIFICATE
I, Brad L. Barnhill, state Citizen of the republic known as the
Virginia commonwealth, hereby certify that a true copy of the
foregoing Motion to Reconsider Chancery No. 97-57 was delivered into
the hand of Ronald M. Huber, Assistant Commonwealth's Attorney for the
City of Charlottesville, this 29th day of May 1997.
/s/ Brad L. Barnhill
Brad L. Barnhill,
state Citizen of the Virginia commonwealth,
Sui Juris,
in persona propria
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Brad Barnhill
e:bra...@chv.mindspring.com
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"Let common sense and honesty have fair play, and they
will soon set things to rights."
--Thomas Jefferson to Ezra Stiles, 1786.
http://pages.prodigy.com/jefferson_quotes/
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