Filing # 48683711 E-Filed 11/09/2016 10:48:49 AM

IN THE SUPREME COURT OF FLORIDA

STATE OF FLORIDA

NEIL J. GILLESPIE,
NEIL J. GILLESPIE FOR PRESIDENT,
Petitioners,

SC16-2031
PETITION NO. ____________
in forma pauperis

v.
SECRETARY OF STATE KEN DETZNER,
Floridas Chief Election Officer,
Respondent.
____________________________________ /

PETITION FOR WRIT OF MANDAMUS

AND CONSTITUTIONAL CHALLENGE
in forma pauperis
1.

Petitioner Neil J. Gillespie, and Petitioner Neil J. Gillespie For President,

Petition the Supreme Court of Florida, in forma pauperis, for a writ of mandamus
directing Secretary of State Ken Detzner, Floridas Chief Election Officer, to
disqualify all candidates for president of the United States (executive branch) who
are lawyer members of the bar, and officers of the court (judicial branch), under the
Florida Constitution, Article II, Section 3, Branches of Government, and the
separation of powers of the Constitution of the United States; and Amendment 22
of the U.S. Constitution as to Hillary Rodham Clinton.

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2.

The Petitioners challenge the constitutionality of members of the judicial

branch of government running as candidates for president of the United States, part
of the executive branch of government.
3.

The Petitioners challenge the constitutionality of political parties in Florida

and the United States.

4.

The Petitioners challenge the constitutionality of Fla. Stat. 103.022, Write-

in candidates for President and Vice President, with states and/or jurisdictions that
do not have equivalent write-in rules. Kristi Reid Bronson, Chief, Division of
Elections, denied my Florida write-in candidacy as untimely submitted.
5.

JURISDICTION

ARTICLE V, JUDICIARY, of the Florida Constitution,

SECTION 2. Administration; practice and procedure.
(a) The supreme court shall adopt rules for the practice and procedure in all
courts including the time for seeking appellate review, the administrative
supervision of all courts, the transfer to the court having jurisdiction of any
proceeding when the jurisdiction of another court has been improvidently
invoked, and a requirement that no cause shall be dismissed because an
improper remedy has been sought. The supreme court shall adopt rules to
allow the court and the district courts of appeal to submit questions relating
to military law to the federal Court of Appeals for the Armed Forces for an
advisory opinion. Rules of court may be repealed by general law enacted by
two-thirds vote of the membership of each house of the legislature.
ARTICLE V, JUDICIARY, of the Florida Constitution,
SECTION 3. Supreme court.
(b) JURISDICTION.The supreme court:

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(8) May issue writs of mandamus and quo warranto to state officers and state
agencies.
RULE 9.030(a) Jurisdiction of Supreme Court, Fla. R. App. Pro.
(3) Original Jurisdiction. The supreme court may issue writs of prohibition
to courts and all writs necessary to the complete exercise of its jurisdiction,
and may issue writs of mandamus and quo warranto to state officers and
state agencies. The supreme court or any justice may issue writs of habeas
corpus returnable before the supreme court or any justice, a district court of
appeal or any judge thereof, or any circuit judge.
PARTIES
6.

Petitioner NEIL J. GILLESPIE is a write-in candidate for president of the

United States in the Commonwealth of Pennsylvania, and certain other states,

Federal Election Commission (FEC) Candidate ID: P60022993, and resides at his
Florida homestead, 8092 SW 115th Loop, Ocala, Marion County, Florida 34481.
(Hereinafter Petitioner(s) or Gillespie). Exhibit 1.
7.

Petitioner NEIL J. GILLESPIE FOR PRESIDENT, is the Principal

Campaign Committee, FEC Committee ID: C00627810, NEIL J. Gillespie,

Treasurer, for write-in candidate Gillespie. (Petitioner(s) or Gillespie For
President). Exhibit 2.
8.

Respondent Secretary of State Ken Detzner is Floridas Chief Election

Officer under Fla. Stat. 97.012, Secretary of State as chief election officer.
STANDING TO PETITION OR SUE

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9.

The Petitioners Gillespie and Gillespie For President have standing to bring

this petition as a candidate for president, and as the principal campaign committee.
PETITION FOR WRIT OF MANDAMUS
10.

PART I - writ of mandamus directing Secretary of State Ken Detzner,

Floridas Chief Election Officer, to disqualify all candidates for president of
the United States (executive branch) who are lawyer members of the bar,
and officers of the court (judicial branch), under the Florida Constitution,
Article II, Section 3, Branches of Government, and the separation of powers
of the Constitution of the United States;
The Democrats Official Certification of Nomination appears at Exhibit 3,

and shows,
THIS IS TO CERTIFY that at the National Convention of the Democratic
Party of the United States of America. held in Philadelphia, Pennsylvania on
July 25 through 29, 2016, the following were duly nominated as candidates
of said Party for President and Vice President of the United States
respectively, and that the following are legally qualified to serve as President
and Vice President of the United States respectively under the applicable
provisions of the United States Constitution:
For President of the United States
Hillary Rodham Clinton
15 Old House Lane
Chappaqua, NY 10514
For Vice President of the United States
Timothy Michael Kaine
1515 Confederate
Ave Richmond, VA 23227
and is signed under oath/notarized July 29, 2016 by,
Representative Marcia Fudge
Chair, Democratic National Convention

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Mayor Stephanie Rawlings-Blake

Secretary, Democratic National Convention
and has a cover letter dated August 3, 2016 of David Huynh, Director of Delegate
Operations and Ballot Access, Email [email protected] addressed to,
Maria Matthews, Division Director
Florida Department of State, Division of Elections
Director's Office
Room 316, R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399
Hillary Rodham Clinton is an attorney in the State of Arkansas, bar number
73104 admitted on 10/18/1973. She is licensed and in good standing with the court
and there are no disciplinary actions against her in Arkansas, according to email of
Deputy Clerk Rose Allen, Tuesday, November 01, 2016 9:12 AM. Exhibit 4.
Rose Allen, Deputy Clerk
Clerk of the Courts Office
Justice Building
625 Marshall Street
Little Rock, AR 72201
Phone: 501-682-4369
Email: [email protected]
However, the attorney directory for Arkansas shows Hillary Rodham Clinton
suspended for CLE on 3/14/2002. (Exhibit 5). In response, Ms. Allen referred
me to Carol R. Hampton, Supreme Court Library. Ms. Hampton had previously

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responded by email on October 31, 2016 at 11:21 AM (Exhibit 6) and confirmed

that Hillary Rodham Clinton was suspended for CLE on 3/14/2002.
Carol R. Hampton
Supreme Court Library
Library Technical Assistant III
625 Marshall Street
Little Rock, AR 72201
Phone: (501) 682-2148
Email: [email protected]
The Virginia State Bar shows for Tim Kaine, the Vice Presidential candidate
for Hillary Rodham Clinton, currently inactive in good standing,
Timothy Michael Kaine
Bar ID #24165
Currently inactive in good standing
Licensed 10/2/1984
No record of public discipline
according to email of Debra C. Isley, Administrative Assistant, Virginia State Bar,
1111 East Main Street, Suite 700, Richmond, Virginia 23219-0026 (Exhibit 7).
The Republican Party's Certificate of Nominations for the State of Florida
appears at Exhibit 8, and shows in relevant part,
We do hereby certify that at a National Convention of Delegates
representing the Republican Party of the United States, duly held and
convened in the City of Cleveland, Stale of Ohio, on July 20, 2016, the
following person, meeting the constitutional requirements for the Office of
President of United States, and the following person, meeting the
constitutional requirements for the Office of Vice President of the United
Stales, were nominated for such offices to be filled at the ensuing general
election, November 8. 2016, viz.:

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President of the United States

Donald J. Trump
721 Fifth Avenue PH
New York, NY 10022

Vice President of the United States

Michael R. Pence
4750 Meridian Street
Indianapolis, IN 46208
and is signed under oath/notarized July 20, 2016 by,
Paul Ryan
700 Saint Lawrence Avenue
Janesville, Wisconsin 53545
Chairman of the 2016 Republican National Convention
Susie Hudson
1658 Route 12
West Berlin, VT 05663
Secretary of the 2016 Republican National Convention
A cover letter with the Republican Party's Certificate of Nominations for the State
of Florida addressed to Ken Detzner, Secretary of State, dated July 22, 2016, from,
Blaise Ingoglia, Chairman, Republican Party of Florida
John Phillippe, Chief Counsel, Republican National Committee
states in relevant part,
Attached please find a copy of the Republican Party's Certificate of
Nomination, which shall serve as official certification to your office of the
2016 Republican National Convention's nomination for President and Vice
President of the United Slates, respectively.

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The attached Certificate of Nomination is signed by Paul Ryan as Chairman

of the 2016 Republican National Convention, and Susie Hudson, as
Secretary of the 2016 Republican National Convention.
Please confirm as soon as possible that you have now received all of the
necessary documentation to place the party's nominees for President and
Vice President on your state's general ejection ballot for November 8, 2016.
This confirmation can be sent by emailing a letter to Christina Schaengold,
Associate Counsel, in the Republican National Committee Counsel's Office.
Christina can be reached at (202) 863 5107, or by e-mail at
[email protected]...
The online public Indiana Roll of Attorneys (Exhibit 9) shows for Mike
Pence on October 30, 2016 at 11:50 AM,
Michael Richard Pence
Attorney Number: 10892-49
Contact Information
200 W. Washington Street
Indianapolis, IN 46204
Tel. 317-695-5453
Status Information
License Status: Inactive In Good Standing
Status Date: 03-05-2012
Admit Date: 05-30-1986
Disciplinary Information
This attorney has no disciplinary history
11.

PART II - Constitutional challenge. Member(s) of the judicial branch,

running as candidate(s) for president of the United States, the executive
branch, is unconstitutional under SEPARATION OF POWERS.

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Of the two major parties, Democratic and Republican, there are three
lawyers in the presidential race: Hillary Rodham Clinton, Tim Kaine, and Mike
Pence. Donald Trump is not a lawyer.
It is unconstitutional for a lawyer (judicial branch) to be president of the
United States (executive branch) because it would violate separation of powers.
Separation of powers is inferred in the U.S. Constitution,
Article I - Legislative Branch
Article II - Executive Branch
Article III - Judicial Branch
Separation of powers is clearly expressed in Florida law,
ARTICLE II, GENERAL PROVISIONS, of the Florida Constitution,
SECTION 3. Branches of government.The powers of the state
government shall be divided into legislative, executive and judicial branches.
No person belonging to one branch shall exercise any powers appertaining to
either of the other branches unless expressly provided herein.
Admission to the bar is for life, and beyond.
The practice of law is unlike any other profession. Only the legal profession
is self-regulated. Once a person is admitted to the practice of law, by passing the
bar exam, passing character and fitness, and admission to the bar by the supreme
court of the lawyers state, the person becomes, inter alia, an officer of the court.
Classification of lawyers admitted to the state regulatory bar may include,
Members in Good Standing
Conditionally Admitted Members
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Inactive Members
Delinquent members
Suspended members
Disbarred members, with right to reapply
Disbarred members, disbarred for life
Retired members
Deceased members

The practice of law is unlike any other legitimate profession, according to

David W. Marston, a former U.S. Attorney, Harvard Law School grad, and author.
Marston, a now Philadelphia lawyer, compared the legal business to the Mafia in
Malice Aforethought, How Lawyers Use Our Secret Rules To Get Rich, Get Sex,
Get Even...And Get Away With It, an expos of America's legal profession.
"They all have undergone the same tough initiation, and once admitted to
membership, all have sworn the same oath. They live by their own rules and
have fiercely resisted efforts by outsiders to penetrate their clan. The have a
code of silence that makes the Mafias dreaded omerta seem gossipy. And
while the organization rigidly limits the operations of its members to their
assigned turf, their criminal activities within these areas are surprisingly
varied." (Page 22, paragraphs 4 & 5)
"The organization enforces its own discipline, and outsiders can piece
together only the most fragmentary picture of the process. But while hard
statistics about crime and misconduct by its members remain elusive, there
has unquestionably been a sharp escalation in recent years" (Page 23,
paragraph 2)
"In every state, the organization has tentacles that reach into the legislature,
as well as intimate knowledge of the local criminal justice system. Laws that
might threaten operations are vigorously opposed, and when members are
convicted of crimes, punishments are often lenient." (Page 23, paragraph 4)

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"Its not the Mafia. Not the Medellin drug cartelThe members are all
lawyers. And the organization is the American legal profession." (Pages 2324) Malice Aforethought
C-Span Interview on YouTube with Dave Marston, author of Malice
Aforethought, How Lawyers Use Our Secret Rules to Get Rich, Get Even and
Get Away with It (1991), video link: https://youtu.be/AV7xfWw0zr0
Broad Issue Paper - Separation of Powers - The Florida Bar (Exhibit 10)
https://www.floridabar.org/divcom/pi/bips2001.nsf/1119bd38ae090a748525676f0053b606/c2d4411cc05f7c458525669e004dea34!OpenDocument

The Florida Bar has long maintained that this state's separation of powers
doctrine precludes legislative entry into the regulation of lawyers.
If so, separation of powers should protect the PUBLIC from lawyers
entering the presidency (executive branch) or congress (legislative branch).
Below is Section III, Background, Separation of Powers, Broad Issue Paper,
III. Background
A. United States -- Separation of Powers
The U. S. Constitution defines the power of the three main branches of the
federal government as legislative, executive and judicial.
The U.S. Constitution provides the framework for the exercise of power by
the federal government. Although the document contains no express
separation of powers provision, the constitution defines and allocates the
power of the federal government among the legislative, executive, and
judicial branches. The framers of the constitution divided the exercise of
governmental power into three branches to prevent that power from
concentrating in one body. Checks to balance the power of the other
branches are expressly provided in the constitution creating an overlap of
power among the branches. In this way, the power of each branch is limited
by giving to an equal branch one facet of another's unique power. Using
these checks, the three branches compete among themselves to keep a
relative balance of power. Therefore, each branch's exercise of its type of

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power is not absolute. Under a literal interpretation of the structure created

in the constitution, violation of the separation of powers doctrine occurs
whenever the power of one branch is exercised by another branch without
express authority in the Constitution.
The separation of the powers of government is a fundamental principle of
every free and good government and is historically a part of both the state
and federal constitutions. It is fundamental to the very existence and
perpetuity of the American form of government and is one of the most
important principles guaranteeing the liberty of the people and preventing
the exercise of autocratic power.

1. Legislative
U.S. Constitution Article I, Section 1: "All legislative powers herein granted
shall be vested in a Congress of the United States, which shall consist of a
Senate and House of Representatives." Section 8 of that article enumerates
those powers which, among others, include: (1) to lay and collect taxes,
excises, imports and duties, to pay the debts and provide for the common
defense and general welfare; (2) to regulate commerce; (3) to establish
uniform laws of bankruptcy; (4) to coin money and punish counterfeiting;
(5) to establish post offices and post roads; (6) to constitute tribunals inferior
to the supreme court; (7) to declare war; (8) to raise and support armies and
to provide and maintain a Navy; (9) to make rules for the government; and
(10) to make all laws which shall be necessary and proper for carrying into
execution the legislative powers and all other powers vested by the
constitution by the government of the United States or in any department or
officer thereof.
2. Executive
U.S. Constitution Article II, Section 1: "The executive power shall be vested
in a President of the United States of America." Article II, Sections 2 and 3
define those powers: (1) The president shall be commander-in-chief of the
Army and Navy of the U.S., and of the militia of the states, when called into
the actual service of the U.S.; (2) the president shall have power, by and with
the advice and consent of the Senate, to make treaties; (3) the president shall
have power to fill up all vacancies that may happen during the recess of the

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Senate, by granting commissions which shall expire at the end of their next
session; and (4) the president shall from time to time give to the Congress
information of the state of the union, and recommend to their consideration
such measures as the president shall judge necessary and expedient; the
president may, on extraordinary occasions, convene both houses or either of
them.
3. Judicial
The U.S. Constitution Article III, Section 1 reads: "The judicial power of the
United States shall be vested in one supreme court and in such inferior
courts as the Congress may from time to time ordain and establish." Judicial
power shall extend to: all cases, in law and equity, arising under this
constitution, the laws of the United States, and treaties made, or which shall
be made, under their authority; all cases affecting ambassadors, other public
ministers and consuls; all cases of admiralty and maritime jurisdiction;
controversies to which the United States shall be a party; controversies
between two or more states; cases between a state and citizens of another
state; cases between citizens of different states, cases between citizens of the
same state claiming lands under the grants of different states, and between a
state, or the citizens thereof, and foreign states, citizens or subjects. Judicial
power also extends to all cases affecting ambassadors, other public ministers
and consuls, and those in which a state shall be a party, the supreme court
shall have original jurisdiction. The trial of all crimes, except in cases of
impeachment, shall be by jury. Such trial shall be held in the state where the
said crimes shall have been committed.
B. Florida -- Separation of Powers
According to the State of Florida Constitution Article II, Section 3, the
powers of the state government shall be divided into legislative, executive
and judicial branches. No person belonging to one branch shall exercise any
powers appertaining to either of the other branches unless expressly
provided.
1. Legislative
Article III Section 1 of the Florida Constitution states that the "legislative
power of the state shall be vested in a legislature of the State of Florida,

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consisting of a senate composed of one senator elected from each senatorial

district and a house of representatives composed of one member elected
from each representative district." The legislature has been described
generally as the lawmaking branch of government. It also has the broad
purpose of determining policies and programs and reviewing program
performance.
Basically, the legislature is empowered to enact statutes that: levy and
collect taxes; oversee professional licensing boards; ensure the public's
health, safety and welfare; define crime and provide punishment for
violations; build highways; regulate marriage and divorce; authorize
establishment of cities. In addition, the legislature may also overturn the
governor's veto, determine fiscal policies in the preparation of the General
Appropriations Act and conduct formal investigations of alleged misconduct
by government agencies and even private businesses.
2. Executive
Article IV, Section 1 states that the supreme executive power shall be vested
in a governor who shall: be commander-in-chief of all military forces of the
state not in active service of the United States. The governor shall take care
that the laws be faithfully executed, commission all officers of the state and
counties, and transact all necessary business with the officers of government.
The governor may require information in writing from all executive or
administrative state, county or municipal officers upon any subject relating
to the duties of their respective offices; initiate judicial proceedings in the
name of the state against any executive or administrative state, county or
municipal officer to enforce compliance with any duty or restrain any
unauthorized act; request in writing the opinion of the justices of the
Supreme Court of Florida as to the interpretation of any portion of the state
constitution upon any question affecting the governor's executive powers
and duties; have power to call out the militia to preserve the public peace,
execute the laws of the state, suppress insurrection, or repel invasion; and by
message, at least once in each regular session, inform the legislature
concerning the condition of the state, propose such reorganization of the
executive department as will promote efficiency and economy, and
recommend measures in the public interest.

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Additionally, the governor prepares a recommended balanced budget to be

submitted prior to the legislative session. The governor retains line item veto
of the General Appropriations Act and has other veto power in order to
nullify any legislative act found unacceptable.
3. Judicial
The third branch of state government, the judiciary, exists because of Article
V, Section 1 of the Florida Constitution. The judicial department of the
government is that branch: intended to interpret, construe, and apply the law;
and charged with the declaration of what the law is, and its construction so
far as it is written law. Section 1 states that the "judicial power shall be
vested in a supreme court, district courts of appeal, circuit courts and county
courts. No other courts may be established by the state, any political
subdivision or any municipality. The legislature shall, by general law, divide
the state into appellate court districts an judicial circuits following county
lines. Commissions established by law, or administrative officers or bodies
may be granted quasi-judicial power in matters connected with the functions
of their offices. The legislature may establish by general law a civil traffic
hearing officer system for the purpose of hearing civil traffic infractions.''
Ex parte Garland, 71 U.S. 333 (1866)
https://en.wikipedia.org/wiki/Ex_parte_Garland
The US Supreme Court held in Ex parte Garland that counselors [lawyers]
are officers of the court and not officers of the United States, and that their removal
was an exercise of judicial power and not legislative power. Exhibit 11.
Case (Wikipedia)
In January 1865 the Congress of the United States passed a law that
effectively disbarred former members of the Confederate government by
requiring a loyalty oath be recited by any Federal court officer affirming that
the officer had never served in the Confederate government.
Augustus Hill Garland, an attorney and former Confederate Senator from
Arkansas, had previously received a pardon from President Andrew

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Johnson. Garland came before the court and pleaded that the act of Congress
was a bill of attainder and an ex post facto law which unfairly punished him
for the crime for which he had been pardoned and was therefore
unconstitutional.
Decision (Wikipedia)
In a 5-4 vote the Supreme Court ruled that the law was indeed a bill of
attainder and an ex post facto law. The court ruled that Garland was beyond
the reach of punishment of any kind due to his prior presidential pardon. The
court also stated that counselors are officers of the court and not officers of
the United States, and that their removal was an exercise of judicial power
and not legislative power. The law was struck down, opening the way for
former Confederate government officials to return to positions within the
federal judiciary.
Ex parte Garland, 71 U.S. 333 (1866) Legal Information Institute (Exhibit 12)
https://www.law.cornell.edu/supremecourt/text/71/333
By the Judiciary Act of 1789, the Supreme Court has power to make rules
and decide upon the qualifications of attorneys.
5. Attorneys and counselors are not officers of the United States; they are
officers of the court, admitted as such by its order upon evidence of their
possessing sufficient legal learning and fair private character.
6. The order of admission is the judgment of the court that the parties
possess the requisite qualifications and are entitled to appear as attorneys
and counselors and conduct causes therein. From its entry, the parties
become officers of the court, and are responsible to it for professional
misconduct. They hold their office during good behavior, and can only be
deprived of it for misconduct ascertained and declared by the judgment of
the court after opportunity to be heard has been afforded. Their admission
and their exclusion are the exercise of judicial power. [p334]
7. The right of an attorney and counselor, acquired by his admission, to
appear for suitors and to argue causes, is not a mere indulgence -- a matter of
grace and favor -- revocable at the pleasure of the court, or at the command

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of the legislature. It is a right of which he can only be deprived by the

judgment of the court, for moral or professional delinquency.
8. The admitted power of Congress to prescribe qualifications for the office
of attorney and counselor in the Federal courts cannot be exercised as a
means for the infliction of punishment for the past conduct of such officers,
against the inhibition of the Constitution.
AMENDMENT TWENTY-TWO -- U.S. Constitution, states in relevant part,
"No person shall be elected to the office of the President more than twice,
and no person who has held the office of President, or acted as President, for
more than two years of a term to which some other person was elected
President shall be elected to the office of President more than once."
http://constitutioncenter.org/interactive-constitution/amendments/amendment-xxii
State ex rel. Perez et al. v. Wall, Judge held in a judicial disqualification
case, marriage makes husband and wife one person. (quoting Judge Cooper for the
Court in Hume v. Bank, 10 Lea, 1) Affinity, as distinguished from consanguinity,
signifies the relation which each party to a marriage, the husband and the wife,
bears to the kindred or blood relations of the other. The marriage having made
them one person, the blood relations of each are held as related by affinity in the
same degree to the one spouse as by consanguinity to the other..." Exhibit 13.
State ex rel. Perez et al. v. Wall, Judge,
49 L.R.A. 548, 41 Fla. 463, 26 So. 1020
https://www.scribd.com/document/319201519/
Hillary Rodham Clinton was married to Bill Clinton during both terms of his
presidency. As lawyers, Hillary Rodham Clinton and Bill Clinton were officers of
the court, and members of the judicial branch of government. State ex rel. Perez et

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al. v. Wall, Judge would consider them as one person for judicial disqualification.
While not on point for presidential disqualification, I am not aware of any other
case(s) that address presidential disqualification due to marriage.
"Buy One, Get One Free" - Bill Clinton and Hillary Clinton
Early in his first presidential campaign, Bill Clinton declared that he and his
wife were basically a bargain deal -- "buy one, get one free." (Exhibit 14)
http://www.pbs.org/wgbh/pages/frontline/shows/clinton/chapters/1.html#5
Americas First Female President?
Laura Secorun Palet of Ozy.com challenges the claim that Hillary Rodham
Clinton would be Americas first female president if elected. (Exhibit 15)
"Sorry, Hillary Clinton, but America has already had its first (acting) female
president. Three decades before Clinton was born, Edith Wilson, Woodrow
Wilsons second wife, ran the Oval Office for 17 months. Nobody voted for
her, and she never actually referred to herself as president, but she did take
charge of many executive duties after her husband was left incapacitated by
a massive stroke."
http://www.ozy.com/flashback/americas-first-female-president-been-there-done-that/61409
The legal mind is indispensable to lawyering, but has its limitations
One of the most compelling arguments against lawyers serving as president
is found in an Article by The Honorable Dennis Jacobs, The Secret Life of Judges,
75 Fordham L. Rev. 2855 (2007). http://ir.lawnet.fordham.edu/flr/vol75/iss6/4/
I sometimes think that the problem at bottom is really a lack of respect by
lawyers for other people. Judges live chiefly in a circle of lawyers. But

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outside that circle there are people who are just as fully absorbed by other
pursuits that deserve consideration and respect. Judges need a heightened
respect for how nonlawyers solve problems, reach compromises, broker
risks, and govern themselves and their institutions. There are lawyers on the
one hand; and just about everybody else is the competition in the framing of
values and standards of behavior. (par. 4-5, page 2861)
The legal mind is indispensable to lawyering, and for other purposes it is
perfectly okay in its way. But it has its limitations. For example, every
problem-solving profession except ours--quickly adopts as preferred the
solution that is simplest, cheapest, and most efficacious, or (as they say)
elegant... (par. 5, p. 2862)
As a matter of self-awareness and conscience, judges should accept that the
legal mind is not the best policy instrument, and that lawyer-driven
processes and lawyer-centered solutions can be unwise, insufficient, and
unjust, even if our friends and colleagues in the legal profession lead us that
way. For the judiciary, this would mean a reduced role, but not a diminished
one if the judiciary is elevated by considerations of honor, self-restraint, and
respect for other influences. (last par., p. 2863)
The Secret Life of Judges appears at Exhibit 16.
Conclusion
Amendment XXII, and the holding of State ex rel. Perez et al. v. Wall,
Judge, where Hillary Rodham Clinton and Bill Clinton are considered as one
person, block Hillary Rodham Clinton from the presidency in 2016.
The US Supreme Court holding in Ex parte Garland that lawyers are officers
of the court, and members of the judicial branch of government, blocks Hillary
Rodham Clinton, Tim Kaine, and Mike Pence from being president (executive
branch) because it would be an unconstitutional violation of separation of powers.

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AND CONSTITUTIONAL CHALLENGE

12.

PART III - Constitutional challenge. Political parties in Florida and the

United States are unconstitutional.

Political parties in the United States, Wikipedia

https://en.wikipedia.org/wiki/Political_parties_in_the_United_States
[T]he United States Constitution has always been silent on the issue of
political parties; at the time it was signed in 1787, there were no parties in
the nation. (1)
The United States Constitution has never formally addressed the issue of
political parties. The Founding Fathers did not originally intend for
American politics to be partisan. In Federalist Papers No. 9 and No. 10,
Alexander Hamilton and James Madison, respectively, wrote specifically
about the dangers of domestic political factions. In addition, the first
President of the United States, George Washington, was not a member of
any political party at the time of his election or throughout his tenure as
president. Furthermore, he hoped that political parties would not be formed,
fearing conflict and stagnation, as outlined in his Farewell Address.[6]
Nevertheless, the beginnings of the American two-party system emerged
from his immediate circle of advisers. Hamilton and Madison, who wrote the
aforementioned Federalist Papers against political factions, ended up being
the core leaders in this emerging party system. (1, section, History and
early political parties)
A class-action lawsuit by JamPAC against the DNC suggests the nomination
of Hillary Rodham Clinton was a rigged and unlawful process, see the First
Amended Complaint, 16-cv-61511-WJZ, that appears as a separate appendix.
Plaintiff: CAROL WILDING et al.
Defendant: DNC SERVICES CORPORATION, d/b/a DEMOCRATIC
NATIONAL COMMITTEE and DEBORAH "DEBBIE"
WASSERMANSCHULTZ
Case Number: 16-cv-61511-WJZ
Filed: June 28, 2016
Court: Southern District of Florida

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AND CONSTITUTIONAL CHALLENGE

County: Broward County, Florida

Judge: William J. Zloch
Nature of Suit: Class Action
Cause of Action: Fraud and Consumer
Jury Demanded: Yes
13.

PART IV - Constitutional challenge.

1. Petitioners challenge the constitutionality of Fla. Stat. 103.022, Writein candidates for President and Vice President
2. Petitioners challenge the constitutionality of combined presidential and
vice presidential candidates.
On August 31, 2016, Gillespie submitted his Oath under Fla. Stat. 103.022

to Secretary of State Detzner by email and UPS #1Z64589FP296243338.

On September 1, 2016, Kristi Reid Bronson, Chief, Division of Elections,
denied Gillespies Florida write-in candidacy as untimely submitted by email on
September 1, 2016. Bronsons email and Gillespies Oath appear at Exhibit 17.
Email Thursday, September 01, 2016 8:11 AM
Bronson, Kristi R. <[email protected]>
Dear Mr. Gillespie
The deadline for submitting the oath of candidate for a write-in candidate for
the office of President was July 12, 2016. Accordingly, your submission is
untimely and will not be processed.
I trust this is responsive to your inquiry.
Regards,
Kristi Reid Bronson, Chief
Division of Elections,
Bureau of Election Records
(850) 245-6240

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AND CONSTITUTIONAL CHALLENGE

Richard Winger of Ballot Access News wrote in a post on July 18, 2016, Seven
Presidential Candidates File to have Write-ins Counted in Florida,
Florida is the only state in which the filing deadline to file as a write-in for
president in the general election is earlier than the deadline for a new party
to get on the ballot for President. The Florida write-in filing deadline was
July 12. This year, six independent presidential candidates and one minor
party candidate filed to have write-ins counted.
The minor party nominee is Zoltan Istvan of the Transhumanist Party. Istvan
lives in Mill Valley, Califoria.
The six independents are: Laurence J. Kotlikoff of Brookline,
Massachusetts, a prominent economist; Richard Duncan of Aurora, Ohio,
who usually gets on the ballot in Ohio but no other state; Cherunda Fox of
Detroit, Michigan; Samuel Tabor of Mobeetie, Texas; Tony Valdivia of San
Antonio, Texas; and Andrew Basiago of Charlotte, North Carolina. Basiago
claims to have traveled back in time; see this story.
http://ballot-access.org/2016/07/18/seven-presidential-candidates-file-to-havewrite-ins-counted-in-florida/
An article by Ballotpedia for the 2016 presidential election, Ballot access for
presidential candidates, states,
In order to get on the ballot, a candidate for president of the United States
must meet a variety of complex, state-specific filing requirements and
deadlines. These regulations, known as ballot access laws, determine
whether a candidate or party will appear on an election ballot. These laws
are set at the state level. A presidential candidate must prepare to meet ballot
access requirements well in advance of primaries, caucuses, and the general
election.
There are three basic methods by which an individual may become a
candidate for president of the United States.

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EMERGENCY PETITION FOR WRIT OF MANDAMUS

AND CONSTITUTIONAL CHALLENGE

1. An individual can seek the nomination of a political party. Presidential

nominees are selected by delegates at national nominating conventions.
Individual states conduct caucuses or primary elections to determine which
delegates will be sent to the national convention.[1]
2. An individual can run as an independent. Independent presidential
candidates typically must petition each state to have their names printed on
the general election ballot. For the 2016 presidential contest, it was
estimated that an independent candidate would need to collect in excess of
880,000 signatures in order to appear on the general election ballot in every
state.[1]
3. An individual can run as a write-in candidate. In 34 states, a write-in
candidate must file some paperwork in advance of the election. In nine
states, write-in voting for presidential candidates is not permitted. The
remaining states do not require write-in candidates to file paperwork in
advance of the election.[1]
https://ballotpedia.org/Ballot_access_for_presidential_candidates
On information and belief, states that do not require write-in candidates to
file paperwork in advance of the election are,
Commonwealth of Pennsylvania
State of Oregon
State of Iowa
State of New Jersey
State of Rhode Island
State of New Hampshire
State of Vermont
On November 7, 2016, The American Bar Association published an article
on its online Journal by Debra Cassens Weiss, If you cast a write-in vote for
president, will it count? State laws differ, that states,
Thinking of casting a write-in vote for president? It may not be counted.

23

EMERGENCY PETITION FOR WRIT OF MANDAMUS

AND CONSTITUTIONAL CHALLENGE

You can write in anyone on the ballot in 10 states and Washington, D.C., the
Washington Post reports. But you will face more hurdles if you want your
write-in to count in other states.
Eight states dont even have a line for write-ins, according to the article.
Thirty-two states wont count write-ins unless a candidate is registered with
the state before the election.
The jurisdictions allowing write-ins for anyone are: Alabama, the District of
Columbia, Iowa, Mississippi, New Hampshire, New Jersey, Oregon,
Pennsylvania, Rhode Island, Vermont and Wyoming.
The states that dont allow write-ins are: Arkansas, Hawaii, Louisiana,
Nevada, New Mexico, Oklahoma, South Carolina and South Dakota.
There are additional restrictions in some states, including some of those that
allow write-ins for anyone. In Mississippi, for example, write-ins wont be
considered unless a candidate on the ballot dies, resigns, withdraws or is
removed from the ballot. Some states wont allow a write-in to win unless
additional paperwork is filed after the election.
And in some states, preciseness counts. Nicknames and initials may not be
allowed.
http://www.abajournal.com/news/article/if_you_cast_a_write_in_vote_for_preside
nt_will_it_count_state_laws_differ/
The ABA Journal article, and linked Washington Post story, appear at Exhibit 18.
NATURE OF THIS PETITION
14.

The general election is today November 8, 2016. This petition was intended

to be a complaint and injunction filed in federal court a week ago, but that plan was
obstructed by the district courts refusal to allow open ECF on the PACER system.

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EMERGENCY PETITION FOR WRIT OF MANDAMUS

AND CONSTITUTIONAL CHALLENGE

The Petitioners communication with the United States District Court,

Middle District of Pennsylvania, appears as a separate appendix.
FEDERAL ELECTION COMMISSION (FEC)
15.

The FEC website describes its duties:

The duties of the FEC, which is an independent regulatory agency, are to
disclose campaign finance information, to enforce the provisions of the law
such as the limits and prohibitions on contributions, and to oversee the
public funding of Presidential elections.

16.

Notice to the Florida Attorney General a constitutional challenge

[email protected]
1. Petitioners challenge the constitutionality of members of the judicial
branch of government running as candidates for president of the United
States, part of the executive branch of government.
2. Petitioners challenge the constitutionality of political parties
3. Petitioners challenge the constitutionality of Fla. Stat. 103.022, Writein candidates for President and Vice President
4. Petitioners challenge the constitutionality of combined presidential and
vice presidential candidates.
U.S.C. Title 52 - Voting and Elections
CFR Title 11 - Federal Elections
Title IX, Electors and Elections, Chapters 97-107
Rule 1.071 Constitutional Challenge, Fla. R. Civ. Pro.
86.091 Parties. declaratory relief, Fla. R. Civ. Pro.
Rule 5.1(a)(2) Constitutional Challenge, Federal Rules of Civil Procedure
28 U.S.C. 2403 Intervention by United States or a State; constitutional
question

17.

Petitioner Neil J. Gillespie is a qualified person with a disability, henceforth

in the first person. I request disability accommodation so that my petition is

25

EMERGENCY PETITION FOR WRIT OF MANDAMUS

AND CONSTITUTIONAL CHALLENGE

considered on the merits, and not dismissed on account of disability, or disability

discrimination. I request reasonable accommodation under the Americans with
Disabilities Act (ADA), as amended, 42 U.S.C. 12181 et. seq, including the ADA
Amendments Act of 2008, as amended; I request reasonable accommodation under
the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et. seq, including
Section 504 of the Rehabilitation Act, as amended, and Section 508 of the
Rehabilitation Act, as amended. This disability accommodation request also seeks
a prohibition against disability discrimination.
CONCLUSION
The petition for writ of mandamus should be granted, together with such
other and further relief as the Court deems just and equitable.
I hereby certify that this petition complies with the font requirements of Rule
9.100(l).
RESPECTFULLY SUBMITTED November 8, 2016.

Neil J. Gillespie, nonlawyer, pro se

8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: [email protected]

26

Service List November 8, 2016

Hon. Ken Detzner, Secretary of State
Florida Division of Elections
R.A. Gray Building, Room 316
500 South Bronough Street
Tallahassee, Florida 32399-0250
Tel. 850-245-6200
Email: [email protected]

Hon. Matthew S. Petersen, Chairman

Email: [email protected]
Federal Election Commission (FEC)
999 E Street, NW
Washington, DC 20463
Tel. 800-424-9530
http://www.fec.gov/members/members.shtml

Hon. Ann M. Ravel, Commissioner

Email: [email protected]
Federal Election Commission (FEC)
999 E Street, NW
Washington, DC 20463
Tel. 800-424-9530

Hon. Steven T. Walther, Commissioner

Email: [email protected]
Federal Election Commission (FEC)
999 E Street, NW
Washington, DC 20463
Tel. 800-424-9530

Hon. Caroline C. Hunter, Commissioner

Email: [email protected]
Federal Election Commission (FEC)
999 E Street, NW
Washington, DC 20463
Tel. 800-424-9530
Tel. 202-694-1045

Hon. Ellen L. Weintraub, Commissioner

Email: [email protected]
Federal Election Commission (FEC)
999 E Street, NW
Washington, DC 20463
Tel. 800-424-9530

Hon. Lee E. Goodman, Commissioner

Email: none available
Federal Election Commission (FEC)
999 E Street, NW
Washington, DC 20463
Tel. 800-424-9530

FEDERAL ELECTION COMMISSION

999 E Street, NW
Washington, DC 20463
Toll-free: 800-424-9530
Media inquiries: [email protected]
http://www.fec.gov/pages/contact.shtml

Florida Supreme Court

Email: [email protected]

Florida Public Information Office

Email: [email protected]

David Huynh, Director of Delegate

Operations and Ballot Access
Email [email protected]

Christina Schaengold, Associate Counsel,

Republican National Committee Counsel's Office
Tel. (202) 863 5107
E-mail: [email protected]

Notice to the Florida Attorney General a constitutional challenge

[email protected]