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The Range: The Tucson Weekly's Daily Dispatch

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Monday, May 21, 2012

Politics

You Win, Jill T. Nagamine

Posted By Dan Gibson on Mon, May 21, 2012 at 5:00 PM

Former Arizonan Nick R. Martin at Talking Points Memo has the chain of emails going back and forth between our nu-birther Secretary of State Ken Bennett and representatives of the state of Hawaii regarding Pres. Obama's birth certificate. Let's just take a moment to celebrate Assistant Attorney General Jill T. Nagamine, who replies by demanding Bennett's qualifications to ask for the information at all.

Also, at one point, Bennett ends an email by typing "Thanx." Sigh.

From: Jill T. Nagamine
Sent: Saturday, May 19, 2012 3:38 PM
To: Bennett, Ken
Subject: RE: Request from the Arizona Secretary of State’s Office

Dear Mr. Bennett:

I am in receipt of your email dated May 17, 2012. As I have informed you and Mr. Drake, Hawaii law requires that for verification of a vital record the requestor must satisfy the requirements of section 338-18(g), Hawaii Revised Statutes, which provides:

(g) The department shall not issue a verification in lieu of a certified copy of any such record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:
(1) A person who has a direct and tangible interest in the record but requests a verification in lieu of a certified copy;
(2) A governmental agency or organization who for a legitimate government purpose maintains and needs to update official lists of persons in the ordinary course of the agency’s or organization’s activities;
(3) A governmental, private, social, or educational agency or organization who seeks confirmation of a certified copy of any such record submitted in support of or information provided about a vital event relating to any such record and contained in an official application made in the ordinary course of the agency’s or organization’s activities by an individual seeking employment with, entrance to, or the services or products of the agency or organization;
(4) A private or government attorney who seeks to confirm information about a vital event relating to any such record which was acquired during the course of or for purposes of legal proceedings; or
(5) An individual employed, endorsed, or sponsored by a governmental, private, social, or educational agency or organization who seeks to confirm information about a vital event relating to any such record in preparation of reports or publications by the agency or organization for research or educational purposes.

I asked you for legal authority that establishes your right to obtain verification, and your email of May 17, 2012 provides me with references to Arizona Revised Statutes 16-212, 16-301, 16-502, 16-507, and unnamed others. These statutes seem to deal with election of presidential electors, nomination of candidates for printing on official ballot of general or special election, form and contents of ballot, and presentation of presidential candidates on ballot, but none, as far as I can tell, establish the authority of the Secretary of State to maintain and update official lists of persons in the ordinary course of his activities. I researched other sections of the Arizona Revised Statutes and was unable to find the necessary authority.

If I have missed something, please let me know. My client stands willing to provide you with the verification you seek as soon as you are able to show that you are entitled to it.

Thank you,
Jill T. Nagamine
Deputy Attorney General
State of Hawaii