Wednesday, November 05, 2003
State of Utah
Office of the Governor
Lawrence Rey Topham, Acting Governor
November 4, 2003 A.D.
OATH OF OFFICE IS ESSENTIAL TO HOLDING PUBLIC OFFICE
FAILURE TO FILE OATH OF OFFICE OR BOND
WITHIN TIME PRESCRIBE BY LAW
IS FATAL TO HOLDING PUBLIC OFFICE;
THE OFFICE AUTOMATICALLY BECOMES VACANT;
LATE FILING IS INEFFECTIVE;
EVERY UNOFFICIAL ACT IS VOID;
AND ANY SUBSEQUENT PROCEEDINGS ARE VITIATED.
Persons chosen for public office may be required by law to accept the office within a specified time and to qualify by filing an oath, giving bond or doing whatever else the law declares necessary to entitle them to assume the duties of the office.
Applicable statutes are controlling and may declare vacancy to exist if the person chosen for the office fails to accept or qualify as required by law. Parker v. Overman, 59 U.S. 137, 15 L.Ed 316.
Failure to comply with such provisions will absolutely forfeit the right to office. Brannon v. Perky, 127 W Va 103, 31 SE2d 898, 158 ALR 631.
Office is vacant by reason of failure to file a required oath. Boisvert v. County of Ontario, 395 NYS2d 617.
Failure to timely file oath of office, in accordance with a statute so requiring, neither notice nor judicial procedure is necessary; the office is automatically vacant and mey be filled as provided by law. Comins v. County of Delaware, 411 NYS2d 533.
Act Declaring office vacant and to be filled as provided by law for failure to qualify within 60 days after beginning of term is not unconstitutional and applies to all officers enumerated and similarly situated. State Ex Rel. Stain v. Christensen, 84 U. 185, 25 P.2d 775.
Judges of the Supreme Court subscribe to this oath when entering upon their duties as justices thereof. Critchlow v. Monson, 102 U. 378, 131 P.2d 794.
Filing an oath of office after the time prescribed by law is not a compliance with the law, confers no power to act as a public officer or in a public office and any person who fails to file his oath of office within the time limits required by law creates an ipso facto vacancy and such person's acts are void and vitiate any subsequent proceedings. Parker v. Overman, 59 U.S. 137, 15 L.Ed 316.
Utah Constitution Article IV, Section 10 , Provides:
"All officers made elective or appointive by this Constitution or by the laws made in pursuance thereof, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation; "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will discharge the duties of my office with fidelity.["]
UTAH CODE ANNOTATED, 1953.
Utah Code Annotated, 1953, Section 76-8-203, Provides:
(1) A person is guilty of unofficial misconduct if he exercises or attempts to exercise any of the functions of a public office when: (a) He has not taken and filed the required oath of office; or (b) He has failed to execute and file the required bond; or (c) He has not been elected or appointed to office; or (d) He exercises any of the functions of his office after his term has expired and the successor has been elected or appointed and has qualified, or his office has been legally removed. (e) He knowingly withholds or retains from his successor in office or other person entitled to the official seal or any records, papers, documents, or other writing appertaining or belonging to his office or mutilates or destroys or takes away the same. (2) Unofficial misconduct is a class B misdemeanor. (p) Title 52 Chapter 01 Official Oaths and Bonds
Utah Code Annotated, 1953, Scetion 52-1-2 [renumbered but unchanged from 65-0-2]
Whenever state officers, officials or state institutions, or other persons are required to give official bonds to the state, such bonds, unless otherwise provided, shall be be approved by the state board of examiners, and recorded by the secretary of state in a book kept for that purpose. When so recorded the secretary of state shall deliver the originalse to the state treasurer, excepting the bond of the state treasurer, and the treasurer shall become the legal custodian thereof, but the bond of the state treasurer shall remain in the custody of the secretary of state. The oaths of office of all state officials shall be filed with the secretary of state. (C.L. 17 Sec. 4306.)
Title 52 Chapter 02 Failure to Qualify for Office
52-2-1. Time in which to qualify -- Failure -- Office declared vacant.
Whenever any person duly elected or appointed to any office of the state or any of its political subdivisions, fails to qualify for such office within sixty days after the date of beginning of the term of office for which he was elected or appointed, such office shall thereupon become vacant and shall be filled as provided by law. Whenever the bond of any officer of the state or of any of its political subdivisions is canceled, revoked, annulled or otherwise becomes void or of no effect, without another proper bond being given so that continuance of bonded protection is afforded, the office of such officer shall thereupon become vacant and shall be filled as provided by law. Any elected or appointed official who has failed on the effective date of this act to qualify for the position to which he was elected or appointed, shall be deemed to come within the provisions of this act, and the office of such officer shall become vacant at the end of forty days after the effective date of this act unless legal bond is given before the expiration of such period, and such office shall be filled as provided by law.
No Change Since 1953
• ONLY FIVE PEOPLE HAVE FILED THE REQUIRED OATH OF OFFICE WITH THE SECRETARY OF STATE IN THE STATE OF UTAH SINCE 1984.
• NO UTAH SENATOR-ELECT HAS FILED THE REQUIRED OATH OF OFFICE WITH THE SECRETARY OF STATE IN UTAH SINCE 1974 A.D.
• NO UTAH LAWS OR CONSTITUTIONAL AMENDMENTS HAVE BEEN ENACTED OR MADE SINCE 1974 A.D., WHEN THE UTAH SENATORS-ELECT ALL FAILED TO FILE THE REQUIRED OATH OF OFFICE WITH THE SECRETARY OF STATE, AND HAVE CONTINUED SUCH FAILURE UNTO THIS VERY DAY, NOVEMBER 4, 2003 A.D.
• OLENE SMITH WALKER HAS NEVER FILED AN OATH OF OFFICE WITH THE SECRETARY OF STATE EITHER AS A LEGISLATOR OR AS AN EXECUTIVE OFFICER. ALL OF HER ACTS HAVE BEEN, AND ARE, UNOFFICIAL, UNCONSTITUTIONAL AND VOID.
NEITHER THE REPUBLICAN NOR THE DEMOCRAT POLITICAL PARTIES REGISTERED WITH THE SECRETARY OF STATE OF UTAH SINCE 1981, OR EVEN BEFORE THEN, THEY ARE UNOFFICIAL PARTIES IN UTAH, AS ARE ALL OTHER PARTIES AT THE PRESENT TIME.
THEREFORE, GEORGE W. BUSH IS NOT THE DULY ELECTED PRESIDENT OF THE UNITED STATES OF AMERICA. THE SECRETARY OF STATE OF UTAH DID NOT CERTIFY ANY REPUBLICAN ELECTORS TO CONGRESS FOR THE 2000 A.D., GENERAL ELECTION. WITHOUT ANY UTAH ELECTORS IT WAS IMPOSSIBLE FOR GEORGE W. BUSH TO BECOME PRESIDENT OF THE UNITED STATES OF AMERICA. THE CORRUPTION IN UTAH HAS SPREAD OVER THE WHOLE NATION BRINGING THE CONSTITUTION TO THE BRINK OF RUIN AND TO THE VERY VERGE OF DESTRUCTION.
NORMAN H. BANGERTER, GORDON R. HALL, MICHAEL D. ZIMMERMAN, I. DANIEL STEWART, W. VAL OVESON, TOM L. ALLEN, EDWARD T. ALTER, R. PAUL VAN DAM, MICHAEL O. LEAVITT, OLENE S. WALKER, AUSTON G. JOHNSON, MARK A. SHURTLEFF AND ALL OF UTAH'S UNOFFICIAL LEGISLATORS FROM 1974 THROUGH NOVEMBER 4, 2003 A.D., AND DAVID E. YOCOM, E. NEAL GUNNARSON, AARON D. KENNARD AND ALL THEIR UNOFFICIAL DEPUTIES, AND ALL OF THE UNOFFICIAL JUDGES ACTING UNDER UNOFFICIAL LAWS AND UNOFFICIAL CONSTITUTIONAL AMENDMENTS HAVE ALL BUT COMPLETELY DESTROYED CONSTITUTIONAL GOVERNMENT IN THE STATE OF UTAH AND THEY NOW INTEND TO UPHOLD THE DESTRUCTION OF THE UNITED STATES CONSTITUTION AND THE UTAH CONSTITUTION ON WEDNESDAY, NOVEMBER 5, 2003 A.D., WITH THE UNOFFICIAL INNAUGURATION OF OLENE SMITH WALKER AND HER UNOFFICIAL APPOINTEES.
IT IS MY SWORN DUTY TO WARN THE PEOPLE OF UTAH AND THE UNITED STATES OF THIS UNCONSTITUTIONAL CONDUCT BY MICHAEL O. LEAVITT, OLENE SMITH WALKER AND THEIR REPUBLICAN AND DEMOCRAT ASSOCIATES WHO HAVE WORKED TO DESTROY OUR DIVINE CONSTITUTION AND THE UTAH CONSTITUTION AND LAWS MADE PURSUANT THERETO, WHICH THEY HAVE VIOLATED FOR THE LAST TWENTY NINE (29) YEARS BY FAILING TO FILE OATHS OF OFFICE WITH THE SECRETARY OF STATE, AND FOR THE LAST FORTY (40) YEARS, BY FINANCING THEIR UNOFFICIAL MISCONDUCT WITH COUNTERFEIT SECURITIES AND CURRENT COIN OF THE UNITED STATES, AND THIS THEY HAVE DONE WITH THE FULL SUPPORT OF PRESIDENT GORDON B. HINCKLEY, THE FIRST PRESIDENCY AND QUORUM OF TWELVE APOSTLES OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, BRINGING THE PEOPLE OF THE STATE OF UTAH AND THE UNITED STATES OF AMERICA INTO BONDAGE AS THE GREATEST DEBTORS IN THE WORLD, 6.861 TRILLION FALSE DOLLARS, WITH WHICH THEY FINANCE THEIR CRIMINAL ACTIVITIES IN SUPPORT OF EXTORTION, RACKETEERING AND REBELLION AGAINST THE CONSTITUTIONAL GOVERNMENTS OF THE UNITED STATES AND THE STATE OF UTAH.
IT IS TREASON AT THE HIGHEST LEVELS OF CHURCH AND STATE AND MEDIA.
"WHEREFORE, THUS SAITH THE LORD GOD, WHO IS THE ALMIGHTY, EXCEPT YE REPENT, YE SHALL BE SMITTEN EVEN UNTO DESTRUCTION. RETURN UNTO ME AND I WILL RETURN UNTO YOU, SAITH THE LORD GOD, WHO IS THE ALMIGHTY. BUT IF YE WILL NOT REPENT, YE SHALL BE SMITTEN EVEN UNTO DESTRUCTION." AMEN. [GIVEN: AUGUST 17, 2003 A.D.]
IF THOSE EXERCISING THE FUNCTIONS OF PUBLIC OFFICE IN THE STATE OF UTAH HAVE NOT FILED OATHS OF OFFICE WITH THE SECRETARY OF STATE, OR THE COUNTY, CITY, TOWN OR OTHER OFFICERS, AS PRESCRIBED BY LAW, THEY ARE NOT PUBLIC OFFICIALS IN THE STATE OF UTAH.
IF THE LEADERS AND PEOPLE IN THE STATE OF UTAH ARE NOT USING GOLD AND SILVER COIN AS LAWFUL MONEY OF THE UNITED STATES AND THE ONLY LAWFUL TENDER IN PAYMENT OF DEBTS, THEY ARE NOT UPHOLDING THE CONSTITUTION OF THE UNITED STATES, BUT ARE, IN FACT, IN REBELLION AND THEY ARE UPHOLDING THE CRIMINAL CONSPIRACY TO DESTROY THE CONSTITUTION AND CONSTITUTIONAL GOVERNMENT OF THE UNITED STATES AND THE CONSTITUTIONAL GOVERNMENTS OF ALL OF THE STATES AND TERRITORIES AND POSSESSIONS THEREOF, AND HAVE LOST THEIR RIGHT TO VOTE, OWN PROPERTY, BE ON AN OFFICIAL BALLOT AND HOLD PUBLIC OFFICE UNDER THE CONSTITUTION OF THE UNITED STATES. ROSS C. ANDERSON AND FRANK R. PIGNANELLI ARE TWO SUCH INDIVIDUALS WHO HAVE REBELLED, FAILED TO QUALIFY TO VOTE, BE ON THE OFFICIAL BALLOT AND HOLD PUBLIC OFFICE IN SALT LAKE CITY AND THE STATE OF UTAH. FRANK R. PIGNANELLI NEVER DID FILE AN OATH OF OFFICE WITH THE SECRETARY OF STATE AS A REPRESENTATIVE IN THE UTAH LEGISLATURE, ALL OF HIS ACTIONS THERE WERE UNOFFICIAL, UNCONSTITUTIONAL AND VOID AS A MATTER OF CONSTITUTIONAL LAW.
ALL PUBLIC ELECTIONS IN THE STATE OF UTAH SCHEDULED FOR NOVEMBER 4, 2003 A.D., INCLUDING THE ELECTION FOR MAYOR OF SALT LAKE CITY, ARE, UNOFFICIAL, UNCONSTITUTIONAL AND VOID, WHERE THE CANDIDATES AND THE UNOFFICIAL COUNTY CLERKS AND CITY AND TOWN RECORDERS USE COUNTERFEIT SECURITIES AND CURRENT COINS OF THE UNITED STATES TO ATTEMPT TO QUALIFY FOR THE UNOFFICIAL BALLOTS AND ELECTION TO OFFICE OR TO PREPARE UNOFFICIAL BALLOTS FOR THE GENERAL MUNICIPAL ELECTIONS. THE NEWS PAPERS, RADIO AND TELEVISION STATIONS SUPPORT THE UNOFFICIAL ELECTIONS AND ARE ALSO FINANCED WITH FALSE SECURITIES AND CURRENT COIN OF THE UNITED STATES, AND THEY ARE ALL IN REBELLION AGAINST THE CONSTITUTION OF THE UNITED STATES.
ONLY VOTES ON THE TRUE "OFFICIAL BALLOTS" OR "WRITE-IN VOTES" OF NON REBELLING CITIZENS FOR NON REBELLING CANDIDATES ARE VALID. IN SALT LAKE CITY'S GENERAL MUNICIPAL ELECTION, LAWRENCE REY TOPHAM IS THE ONLY CANDIDATE WHO'S NAME APPEARS ON THE TRUE OFFICIAL ELECTION BALLOT, THEREFORE, A SINGLE VOTE FOR HIM IS SUFFICIENT FOR VICTORY.
THIS I TESTIFY, AS A WITNESS, AND, WITH THIS ULTIMATE WARNING, WHICH I GIVE IN THE NAME OF THE UNITED STATES OF AMERICA, THE STATE OF UTAH, THE COUNTY OF SALT LAKE, AND THE CITY OF SALT LAKE, AND IN THE MOST HOLY AND SACRED NAME OF JESUS CHRIST, OUR CREATOR, OUR LORD, OUR REDEEMER, OUR BELOVED SAVIOR, OUR ELDER BROTHER AND OUR FRIEND. AMEN.
The above information was prepared by Lawrence Rey Topham, Secretary of State and acting Governor of the State of Utah, on November 3rd and 4th, 2003 A.D., AS A FORMAL PUBLIC WARNING IN DEFENSE OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA against all enemies, both foreign and domestic, WITH GOD, OUR FATHER IN HEAVEN, AND JESUS CHRIST, AND THE HOLY GHOST AS MY WITNESSES.
Signed and Dated this 4rd day of November 2003 A.D.
Lawrence Rey Topham
Secretary of State and
Acting Governor of the
State of Utah
Did you know your Debt may not be valid?