Kansan withdraws Obama ballot challenge

Joe Montgomery

The Kansas City Star

A Manhattan resident who objected to President Barack Obama's name being on the November ballot in Kansas withdrew his challenge Friday.

Joe Montgomery said he thinks angry phone calls to his office and home were designed to intimidate him.

"There has been a great deal of animosity and intimidation directed not only at me, but at people around me, who are both personal and professional associations," Montgomery wrote to Secretary of State Kris Kobach in an email. "I don't wish to burden anyone with more of this negative reaction, so please immediately withdraw any action on this objection."

Montgomery, a communications coordinator at the College of Veterinary Medicine at Kansas State University, told The Wichita Eagle that he expects the state's Board of Objections, which heard his complaint Thursday, to drop the issue.

Kobach's office said it hasn't decided how to proceed yet. It still has a meeting tentatively scheduled for 10 a.m. Monday in Topeka.

"Once an objection has been filed, the board has to meet, and there are two possible outcomes: uphold or deny," said Brad Bryant, the deputy assistant secretary of state for elections.

The board had requested information from at least two other states -- Arizona and Mississippi -- that have faced a similar issue.

Montgomery had argued that Obama shouldn't be on the Kansas ballot because he wasn't born to two parents who were both citizens. Obama's father wasn't a citizen, he said.

Montgomery declined to specify who beyond himself had received angry phone calls and messages. He said he has been deleting messages left at his office as soon as he realizes they're related to his personal political activity.

"It's not like physical intimidation," he told The Eagle. "It's just being abusive with the kinds of messages."

The all-Republican Objections Board -- made up of Kobach, Attorney General Derek Schmidt and Lt. Gov. Jeff Colyer -- decided Thursday to wait for official documents certifying Obama's birth records before ruling on Montgomery's objection.

Kobach had said he also would seek certified documents from Hawaii, where Obama was born.

Kobach said he wanted to see certification that Obama's birth certificate is on record and that records published online by the White House are consistent with documents in Hawaii.

"At this point we don't have any official record that has been presented to the board," he said Thursday.

Kobach had said delaying a decision didn't lend credence to Montgomery's claim that Obama shouldn't be on the ballot. But Kobach added that the board needs to see the evidence.

Asked if he doubted Obama's citizenship, Kobach said he would withhold comment until he saw all the records.

"I think that regardless of whether a person has doubts or not, it's incumbent upon the state Objections Board to do its job thoroughly and not make a snap decision, especially in a case of this magnitude," he said.

A lawyer for the Obama for America campaign submitted a letter in response to Montgomery's claim.

"Like the scattered remnants of 'birthers' in other proceedings, (Montgomery) presents this argument despite a unanimous series of cases in federal and state courts that have unequivocally rejected the same factual and legal contentions, and also despite public records that have been released demonstrating conclusively that the president was born in Hawaii in 1961," it stated. "These tired allegations are utterly baseless."

Meanwhile, a spokeswoman for Kansas State University said Friday that it didn't pressure Montgomery to drop his objection.

"He has a right as a private citizen to take whatever political action he wants to," said spokeswoman Erinn Barcomb-Peterson. "His action doesn't involve the university at all."

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