Twenty-second Amendment to the United States Constitution
As worded, the primary focus of the 22nd Amendment is on limiting individuals twice elected to the presidency from being elected again. Due to this, several issues could be raised regarding the amendment's meaning and application, especially in relation to the 12th Amendment, ratified in 1804, which states, "But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States". While it is clear that under the 12th Amendment the original constitutional qualifications of age, citizenship, and residency apply to both the president and vice president, it is unclear whether someone who is ineligible to be elected president could be elected vice president. Because of this apparent ambiguity, there may be a loophole in the 22nd Amendment whereby a two-term former-president could be elected vice president and then succeed to the presidency as a result of the incumbent's death, resignation, or removal from office (or even succeed to the presidency from some other stated office in the presidential line of succession).
Barack Obama presidential eligibility litigation
Responding to the Petitioner's allegations that Barack Obama had not proven his eligibility, Administrative Law Judge Jeff S. Masin stated: "There appears to be no affirmative requirement that a person indorsed in a nominating petition for the Presidency present to the Secretary of State any certification or other proof that he is qualified for the Office." Further the judge ruled on the Plaintiff's assertions that Obama was ineligible due to his non-citizen father: "The petitioners’ legal position on this issue, however well-intentioned, has no merit in law." The decision to retain Barack Obama on the Primary Ballot was adopted by Kimberly M. Guadagno, New Jersey Secretary of State. The decision was upheld by the Appellate Division of New Jersey Superior Court on May 31, 2012. The New Jersey Primary was held on June 5.