Twenty-second Amendment to the United States Constitution
The amendment prohibits any individual who has been elected president twice from being elected again. Under the amendment, an individual who fills an unexpired presidential term lasting greater than two years is also prohibited from winning election as president more than once. Scholars debate whether the amendment prohibits affected individuals from succeeding to the presidency under any circumstances or whether it only applies to presidential elections.
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.