My court reporter bailed on me the morning of the hearing.  I could not get another to commit.

I went to court and spoke to the Commonwealth's Attorney after the prior case was over.  I told him of my plight, but I decided to go ahead anyway.  He asked if I wanted to place the registrar on the stand or would I just stipulate his evidence.  I asked him what his evidence was.  He replied that it would be the original voter registration and the one I entered in January.  I told him that would be fine.

The Judge asked if we were ready.  I told him that my court reporter had bailed, but was ready to proceed so long as I can appeal the outcome.  He said I could supply my version of the procedure and anything which was not in disagreement would end up being the transcript.  I said, "We're all here, let's just get on with it."

I made a motion that since the Registrar had failed to supply an answer within the statutory 21 days, that I wanted her answer to be taken as confessed to my petition.  Was the C.A. shocked!  I could almost hear him ask himself, "Who is this guy?"  The judge shuffled through my petition and noticed that I did not include a "certificate" of delivery.  I told him that I delivered a copy into the hand of the registrar before I filed the petition at the Clerk's Office.  He said that since I had not followed proper procedure that my motion was denied.  "Taken for confessed" means that the Registrar would not be able to answer.  If I had included a certificate of delivery with the original petition, and if the judge had granted the motion, I would have won right there.

The Judge asked for evidence, and I supplied several exhibits which show that the government does not require an adult citizen to apply for a social security number:

• A) a citation from 42 USC 405(B)(i), which lists the persons required to get an SSN, namely (I) aliens, (II) an applicant for or recipient of benefits, (III) someone from (I) or (II), who does not have one. (IV) and (V) are for children and only say that "...the secretary is authorized to take affirmative measures to assure the issuance of..." (nor required, mind you).
• B) Two (count 'em) letters to other citizens from the SSA which admits that citizens are not required to have SSN's.
• C) The OMB form 83 for the SS-5 (Application for Social Security Number Card), which shows that it is "Required to obtain or receive a benefit"
• D) A page from the SSA procedure manual (RM 00205.100B), Parent Objects to Assignment of SSN to Child Under the Enumeration at Birth Program, Step 2c, which states:  "If the parent insists that we delete the SSN record, explain that the deletion action may take several months."

I made a statement that since social security numbers are only required to receive or obtain a benefit, and since I have forsworn all benefits, and since I have told SSA to take their number and stick it where the sun don't shine, that I do not possess a social security number.

I asked the Commonwealth's Attorney to cite a statute which would keep me from rescinding an SSN.  His reply was:  "Your honor, he cannot cite a statute which says he can."

Then he told the story as to how I have had a valid voter registration for the last 10 years, which did have an SSN on it.  And since the Privacy Act does not apply to voter registration, having been enacted before the grandfather clause, that I was required to put my SSN on the application, or have it denied, which is what happened.  The Commonwealth's Attorney then produced a case Gredinger V. (some registrar's name), which was on point for someone who did have an SSN, but refused to give it because the voter records were public (before this case), and so his privacy was being denied.  The Virginia courts denied his application on this basis, but on appeal to the 4th U.S. Circuit, the federal court overturned the ruling and ordered Virginia to take the SSN off the voter registration records which are produced for public inspection.

I spoke to this issue stating I stipulate the state's requirement for an SSN, but since I do not have one, that I cannot be required to supply it.  I stipulated that Gredinger did force the state to change the registration laws, that this was important.  I told him my case would change not the law, but the view of the law in the eyes of the public.

I told him that I have evidence that federal citizens are subject to congressional authority, that there is evidence of two court systems in the United States, based on the RICO statues, and the Federal Rules of Evidence.  I told him that I do not want to be colored with federal citizenship, which is why I went to the trouble to rescind the social security number.

The judge seemed truly torn by my argument.  He said, "I understand petitioner's concern for what he sees as the encroachment of the federal government.  You still have every right to be whatever type of citizen you like.  But the state needs to ensure that the voter registration records are free from fraud and abuse.  Can't you just use the SSN on the application and vote, and continue to espouse your citizenship?"

This is where I lost it.  Tears came to my eyes when I realized I would never vote again, as I cannot give an SSN on the application.  I do not have one, and so cannot take the oath that "...the foregoing is true and correct..."  I lost my resolve.  I was broken.  I could not speak.

The judge asked the C.A. to prepare an order.  I said, "Your honor, I object to this order." (which was probably the right thing to do)  He said, "Your objection is noted."

The local court retains jurisdiction for 21 days.  During this time, I can file a Supplemental Objection, a motion to reconsider, and an ORDER to vacate the original ORDER. 

I have 30 days to file a NOTICE OF APPEAL.  This appeal is not to the appelate court system, it is to the Virginia state supreme Court. 

If I can get the judge to vacate the original ORDER and grant a rehearing, I think I can overcome the deficiencies of my orginal case.

brad.barnhill@mindspring.com HomeSite v2.5 Last Updated: Thursday, January 21, 1999 10:39:01 PM

Hit your <Back> key to return from whence you came.