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Judge tosses 'birther' lawsuit; Obama will remain on Florida ballot

Published Jul. 2, 2012

The Associated Press is reporting that Circuit Court Judge Terry Lewis tossed out a lawsuit filed by a South Florida man who wanted President Barack Obama blocked from appearing on the ballot in Florida. Attorneys for Michael Voeltz, a so-called "birther," had argued that Obama wasn't a naturalized citizen.

In his ruling, Lewis' agreed with defense lawyers representing both Obama and Florida's Secretary of State who argued that Obama wasn't yet the Democratic nominee.

From the Associated Press:

TALLAHASSEE, Fla. (AP) — A judge is throwing out a lawsuit that sought to keep President Barack Obama off Florida's ballot.

Leon County Circuit Judge Terry Lewis ruled Friday that the lawsuit had a number of flaws, including the fact that Obama is not yet that Democratic Party's presidential nominee. That will take place at the party's convention in Charlotte, N.C. next month.

The lawsuit by Fort Lauderdale automobile salesman Michael Voeltz challenged whether Obama can serve as president because he isn't a "natural born citizen." It not only questioned Obama's Hawaiian birth certificate, but said he wasn't qualified to be president because his father wasn't an American citizen.

Voeltz was represented by conservative legal activist Larry Klayman.