FORMAL NOTICE OF CHALLENGE TO THE CONSTITUTIONALITY
OF WASHINGTON STATE VOTER AND JUROR ELIGIBILITY LAWS:
RCW 29A.08.230; RCW
2.36.070; and,
Art. VI, Sec. 1, Washington State Constitution
Date: June 21, 2010 A.D.
TO WHOM IT MAY CONCERN:
This is a Formal Notice that the Undersigned hereby challenges the constitutionality of the Washington State laws itemized above, as follows:
RCW 29A.08.230 reads as follows:
Oath of applicant.
For all voter registrations, the registrant shall sign the following oath:
"I declare that the facts on this voter registration form are true. I am a citizen of the United States, I am not presently denied the right to vote as a result of being convicted of a felony, I will have lived in Washington at this address for thirty days immediately before the next election at which I vote, and I will be at least eighteen years old when I vote."
[bold emphasis added]
RCW 2.36.070
reads as follows
Qualification of juror.
A person shall be competent
to serve as a juror in the state of Washington unless that person:
(1) Is less than eighteen years
of age;
(2) Is not a citizen of the United States ....
[bold
emphasis added]
Article VI, Section 1 of the Washington
State Constitution reads as follows:
ARTICLE VI
ELECTIONS AND ELECTIVE RIGHTS
SECTION
1 QUALIFICATIONS
OF ELECTORS. All persons of the age of eighteen years or
over who are citizens of the United
States and who have lived in the state, county, and precinct thirty
days immediately preceding the election at which they offer to vote, except
those disqualified by Article VI, section 3 of this Constitution, shall be
entitled to vote at all elections. [AMENDMENT 63,
1974 Senate Joint Resolution No. 143, p 807. Approved
November 5, 1974.]
[bold
emphasis added]
Article I, Section 12 of the Washington
State Constitution expressly prohibits such discrimination against
any “class of citizens” as follows:
ARTICLE I
DECLARATION OF RIGHTS
SECTION 12 SPECIAL PRIVILEGES AND IMMUNITIES PROHIBITED. No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.
[bold emphasis added]
There are two (2) classes
of citizens under current American laws never repealed, not one (1) class (see attached).
The term “citizen of the United States” is synonymous with
the term “federal citizen”. Cf. “Federal citizenship” as
expressly defined as such in Black’s Law Dictionary, Sixth Edition, and in
other competent legal dictionaries and related competent authorities.
Accordingly, RCW 29A.08.230, RCW 2.36.070 and Article VI,
Section 1 of the Washington
State Constitution are all unconstitutional for expressly
discriminating against the class of Citizens otherwise known as State Citizens
aka Citizens of one of the United
States of America who are not also federal citizens by Right of Election.
Such unconstitutionality causes said laws to be in direct
conflict with the Constitution for
the United States of America specifically at the Qualifications Clauses, Arising Under Clause, and Privileges and Immunities Clause
in that Constitution, and with the guarantees of Equal Protection of the Law in
the Universal Declaration of Human
Rights and the International
Covenant on Civil and Political Rights.
The latter two (2) United States Treaties are rendered supreme Law of the
Land throughout Washington State by the Supremacy Clause in the Constitution for the United States of
America, as lawfully amended.
Such unconstitutionality causes said laws to be in direct conflict also with Article I, Section 12 of the Washington State Constitution, which expressly prohibits the granting to any class of citizens privileges or immunities which upon the same terms shall not equally belong to all citizens.
Specifically, the voter and juror
eligibility laws cited above grant privileges and immunities to the class of federal citizens which do not
equally belong upon the same terms to State Citizens, such as Citizens of
Washington State, who are not also federal citizens by Right of Election.
INCORPORATION
OF ATTACHMENTS
All documents attached hereto are
hereby expressly incorporated by reference, as if set forth fully here.
VERIFICATION
I, Paul Andrew Mitchell, Sui Juris,
hereby verify under penalty of perjury, under the laws of the United States of America, without the “United States”
(federal government), that the above statement of facts and laws is true and
correct, according to the best of My current information, knowledge, and
belief, so help me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause (Constitution, Laws and Treaties of the United States are all the
supreme Law of the Land throughout Washington State), and also Article I,
Section 2 of the Washington
State Constitution (the Constitution
of the United States is the supreme law of the land throughout Washington
State).
Dated: June 21, 2010 A.D.
Signed: /s/ Paul Andrew Mitchell
___________________________________________
Printed: Paul Andrew Mitchell, B.A., M.S., Sui Juris
Private Attorney General,
18 U.S.C. 1964, Rotella v. Wood
(born to
American parents at high noon on June 21, 1948 A.D.
at Hanneman Hospital, Worcester, Massachusetts, USA)
All Rights Reserved
without Prejudice
Attachments:
http://apps.leg.wa.gov/rcw/default.aspx?cite=29A.08.230
http://apps.leg.wa.gov/rcw/default.aspx?cite=2.36.070
http://www.leg.wa.gov/lawsandagencyrules/pages/constitution.aspx
http://www.supremelaw.org/rsrc/twoclass.htm
http://www.supremelaw.org/authors/mitchell/citizenship.for.dummies.htm
+ all
"Further
Reading"
http://www.supremelaw.org/authors/mitchell/comments.on.citizenship.for.dummies.htm
http://www.supremelaw.org/press/rels/correct.amendment.htm
http://www.supremelaw.org/letters/petition.to.amend.constitution.cantwell.washington.htm
http://www.supremelaw.org/letters/petition.to.amend.constitution.murray.washington.htm