Wednesday, March 09, 2005
The period to qualify for office for the November 2004 elections ended March 4, 2005 for the term beginning January 3, 2005
Despite our efforts to advise Jon Huntsman Jr. of his obligation under the law, and our invitation to help restore constitutional government, Mr. Huntsman has failed to qualify for the office of Governor of the State of Utah by filing his oath of office as prescribed by law, and is now acting as Governor of the State of Utah in violation of the law.
In compliance with Article 6 of the Constitution, the very first act passed by Congress and signed by President Washington on June 1, 1789, was the actual oath to support the Constitution that was to be administered to various government officers.
-President Ezra Taft Benson, October 3. 1987 A.D.
FAILURE TO FILE OATH OF OFFICE OR BOND WITHIN TIME PRESCRIBED 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.
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.
76-8-203. Unofficial misconduct.
(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;
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.
Utah Code Annotated, 1953, Section 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 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 originals 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.)
On March 8, 2005, I personally examined the oaths of office on file with the division of archives. Here is a summary of what I witnessed:
There was NO oath of office available at the division of archives for Jon M. Huntsman Jr.
There were NO oaths of office on file at the division of archives for ANY members of the Utah House of Representatives.
For 29 seats in the Utah Senate, there were 16 oaths of office on file. Of those oaths for Senators examined, the signature of Fred D. Howard appears on the line intended for the signature of the Senator. On the line intended for his countersignature, the name Fred D. Howard was typewritten. The Senator’s signatures were placed above the signature of Fred D. Howard, and in several documents the ink was on top of, and subsequent to, the signature of Fred D. Howard, whose purpose was to verify the signature of the Senator, suggesting a possibility the signatures of the Senators were falsely witnessed.
For the year 2001, the oaths of office for former Governor Michael O. Leavitt, and former Lieutenant Governor Olene S. Walker were examined.
Olene Smith Walker and Michael Okerlund Leavitt took their oath of office on December 21, 2000, prior to the beginning of the term of office on January 1, 2001. It was subscribed by Richard C. Howe, Chief Justice, Utah Supreme Court, and on file at the division of archives. At the bottom of each oath on file, was the following small print:
Note: This oath of office pertains to the new term beginning the first Monday of January 2001, which is January 1, 2001. Governor Leavitt (or Lieutenant Governor Walker) intends to take the oath of office again in a formal inauguration ceremony on Thursday, January 4, 2001.
NO OATHS OF OFFICE WERE FOUND IN THE ARCHIVED RECORDS FOR EITHER MICHAEL O. LEAVITT OR OLENE S. WALKER FOR THE TERM OF OFFICE BEGINNING IN JANUARY of 2001.
Oaths of office for 2003
In examining the oaths for the House of Representatives filed in 2003, the majority were countersigned by Norman H. Bangerter, using the title “Former Speaker of the House;” an unofficial position not authorized to administer the oath of office. There were several exceptions, those being oaths that were signed by the Senators, but not countersigned by anyone.
I also noticed that the oats of office do not have a filing date with the division of archives, not marking the date they were received, so it cannot be determined if the oaths were received within the time limit. They haven’t done this since 1974.
There were other discrepancies I will not address in this writing.
Evidence in Court
These things were documented by photocopy as evidence in West Valley City Case No. C 04 06941 and left in the custody of the division of archives pursuant to Article I Section 12, of the Utah Constitution:
Sec. 12. [Rights of accused persons.] In no instance shall any accused person, before final judgment, be compelled to advance money or fees to secure the rights herein guaranteed.
Thomas B. Ginter is being assisted by Lawrence Rey Topham in the above mentioned court case, which is being appealed in the Utah Supreme Court. Ginter has vowed to take his case with multiple constitutional issues all the way to the U.S. Supreme court if necessary.
If we are to restore constitutional government and secure the blessings of liberty, we must force the elected representatives of the people to adhere strictly to their solemn and binding oath of office and the limitations of government imposed by the Constitution.
Individuals who would like to participate in securing the blessings of liberty are invited to join in the discussion at http://groups.msn.com/SecuringtheBlessingsofLiberty