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.