TO:

     Paul C. Garrett
     315 East High Street
     Charlottesville, Virginia
     postal code 22902/TDC

VIRGINIA:

     IN THE CIRCUIT COURT OF THE CITY OF CHARLOTTESVILLE

In the matter of

     Brad L. Barnhill, petitioner

Your Petitioner respectfully represents as follows:

1.    The General Registrar for the City of Charlottesville (hereinafter called Registrar), at the direction of the Secretary of the State Board of Elections and the Office of the Attorney General of Virginia, has denied Petitioner's Virginia Voter Registration Application (hereinafter called Application) because he did not provide a Social Security Number on said Application, and because Petitioner amended said Application by adding an explicit reservation of rights above his signature, to wit: "Without prejudice, UCC 1-207".

2.    Petitioner is protected by Public Law 93-579, Act December 31, 1974, Section 7, 88 Stat. 1909, to wit:  "It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number."  Petitioner would point out that the Registrar, the Office of the State Board of Elections, and the Office of the Attorney General are unaware of or choose to ignore this law, even though a portion of this law is cited out of context on the Application.

3.    Petitioner is a natural born citizen of the Kansas Republic, and so of America, inhabiting the Virginia Commonwealth since 1986.  Petitioner is not a U.S. citizen, a federal citizen, or a citizen of the State of Virginia (4 U.S.C. §§105-110, and 28 U.S.C. §3002(15)).  See Exhibit "A", DECLARATION OF STATE CITIZENSHIP, dated 17 January 1997.

4.    Petitioner relies on the Constitution of these united States as the Supreme Law of the Land, and upon decisions of the supreme Court of these united States to determine this Supreme Law.

5.    Petitioner is guaranteed a Republican form of Government under Article IV, Section 4 of the U.S. Constitution.

6.    The ability of Petitioner to choose his Representative in Congress is a fundamental Right, not a privilege, under U.S. Constitution Article I, Section 2, Clause 1, to wit  "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, ...."  Petitioner is one of these "People of the several States" by birth.

7.    Since this authority (6 infra) defines voting to be a fundamental Right, Petitioner raises the possibility of a violation of 18 U.S.C. 242, and possibly also 241 given that there is known collusion between the Registrar, the Office of the State Board of Elections, and the Office of the Attorney General of Virginia.  The Virginia Voter Registration Application is evidence that a legislative democracy has invaded the several States of the Union; said form is all the proof needed by Petitioner that the Guarantee Clause is being violated, and that Guarantee is a fundamental Right of all state Citizens, on a par with their fundamental Right to choose their Representative in the Congress every 2 years.

8.    Petitioner would point out that the Registrar did in fact take Petitioner's Application and process it on January 24, 1997, and did issue a Voter Card which bears no Social Security Number.  See attached Exhibit "B", a copy of the Petitioner's Voter Card.  Petitioner therefore has proof that the state does not truly require a Social Security Number in order to register a state citizen to vote.

9.    The aforesaid card is still in possession of Petitioner, but has been revoked by the Registrar, in her Letter to Petitioner dated February 19, 1997.  See attached Exhibit "C" (and please pardon the notes Petitioner scrawled on this Letter).

10.    The Virginia Code defines the United States as follows:  "§ 1-13.31 United States The words "United States" shall be construed to include the District of Columbia and the several territories so-called."  This definition obviously does not include the 50 Sovereign States of the Union, to which the Virginia Commonwealth belongs.  Petioner was not born in the United States, has never lived in the United States, and so is not a citizen of the United States.

11.    There is no provision of the Social Security Act that would not allow Petitioner, in his capacity as a natural born State Citizen, to refrain and withdraw from participating in the Social Security system.  Petitioner has submitted documentation to every government official he can find declaring this intention to so refrain and withdraw, and to reclaim his birthright.  See Exhibit "D", AFFIDAVIT and Exhibit "E", SERVICE LIST.  Affidavit was mailed 5 February 1997, and having not been directly challenged by any of these officials, stands as truth.

12.    Even if there were such a provision, Petitioner received his Social Security Number through an application submitted by his parents, before he was the age of consent.  Petitioner cannot be compelled to perform under any contract he did not sign.

13.    Article II, Section 2 of the Constitution of Virginia (1971) requires that a person registering to vote to provide his Social Security Number, if any, and to denote whether the applicant is currently a U.S. citizen.  Obviously the fact that Petitioner does not possess a Social Security Number or the fact that Petitioner is not a U.S. citizen does not bar him from registering to vote.  Petitioner honestly believes in good faith that he is not a federal citizen, that he has no Social Security Number, that he has informed a sufficient number of officials at all levels of government that he does not have or acknowledge a Social Security Number, and so cannot in good conscience provide one.

14.    The language of the Registration Statement on the Application is ambiguous and could be read to construe that a State citizen is swearing to be a federal citizen.  Petitioner wishes there to be no question as to whether he assumes the liability of being a federal citizen.  Petitioner does not assume such liability.  Petitioner challenges the constitutionality of this Registration Statement as no State citizen would be able to, nor should be forced to, swear to this Statement without making an explicit reservation of rights.  Petitioner attempted to amended onto the Application such an explicit reservation of rights, but is being denied his Constitutional Rights because of this action.

WHEREFORE, your Petitioner, as he is without sufficient and adequate remedy, prays that this Honorable Court will determine Petitioner's right to register to vote, as provided in Section 24.2-422 of the Code of Virginia.

21 April 1997

Paul C. Garrett
315 East High Street
Charlottesville, Virginia
postal code 22902/TDC

Dear Sir,

On 10 March 1997, I filed a Petition for Appeal of Denial of Virginia Voter Registration, chancery number 97-57.  I was under the impression that this is a matter which has priority since it relates to a matter which deprives a Citizen of rights.

It has been over 30 days, and I have received no communication from your office appraising me of the status of this case.

This case is increasingly important to me since this is generally the season in which I circulate petitions to place candidates on the ballot.  Since I technically have no voter registration, I cannot witness the signatures.  Further, I had intended to circulate petitions naming myself as a candidate for the Virginia House of Delegates, and find that I cannot even have others do this on my behalf as I cannot technically vote for the candidate named on the petition.

Please follow up with the judge to which this case was assigned and inquire as to its status.  Please convey the importance of this matter not only for myself, but for all Virginians who may find themselves in a similar situation.

Sincerely,

/s/ Brad L. Barnhill

Brad L. Barnhill
state Citizen of the Virginia commonwealth
w: xxx-xxx-xxxx x7413
h: xxx-xxx-xxxx

Mr. Brad L. Barnhill
xxx xxxxx xxxxx
Charlottesville, VA. 22902

Ms. Sue E. Lucas, General Registrar
City of Charlottesville Office of General Registrar
City Hall Annex
Charlottesville, VA. 22902

Warner D. Chapman, Esq.
Commonwealth's Attorney
P. O. Box 911
Charlottesville, VA. 22902

RE:  Petition for Appeal of Denial of Virginia Voter Registration

Dear Mr. Barnhill, Ms. Lucas & Mr. Chapman:

Mr. Barnhill has filed a Petition under Va. Code § 24.2-422 appealing the denial by the City of Charlottesville General Registrar of his application for voter registration.  Chief Judge Cullen has asked me to set the matter for a hearing.

Under § 24.2-422, a written answer is to be filed by the General Registrar.

Under the statute, the attorney for the Commonwealth is to appear and defend the petition on behalf of the Commonwealth.  As of this date no answer has been filed on behalf of the General Registrar nor has there been an appearance by the Commonwealth's Attorney.

The statute requires that this matter be given expedited treatment.  Accordingly, I have set a hearing date for Wednesday, May 7, 1997 at 4:30 p.m. in the Charlottesville Circuit Court.

Very Truly yours,

/s/ Jay T. Swett

Jay T. Swett

cc:  The Honorable Paul C. Garrett

brad.barnhill@mindspring.com HomeSite v2.5 Last Updated: Wednesday, April 23, 1997 8:36:48 PM

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