Berg v. Obama (R. Barclay Surrick, E.D. Pa. 2:08-cv-4083)
A few days before the 2008 Democratic national convention, an attorney filed a pro se complaint seeking to have Barack Obama declared ineligible to be President, alleging that he was not a natural-born citizen. The judge denied immediate relief at an ex parte proceeding where the plaintiff could not confirm service of the complaint on the defendants. Over the next eight weeks, the court received three pro se motions to intervene: one to support the plaintiff, one to challenge John McCain’s citizenship, and one to know the facts of the case. The judge dismissed the action for lack of standing, and the court of appeals affirmed the dismissal.
Subject: Getting on the ballot. Topics: Pro se party; getting on the ballot; intervention; Electoral College.
One of many Case Studies in Emergency Election Litigation.