Get Trump off ballot, demands ex-New Hampshire GOP leader

MANCHESTER, New Hampshire -- A former chairman of the New Hampshire Republican Party wants Donald Trump off the state's GOP presidential primary ballot.

Fergus Cullen filed a formal complaint Monday challenging Trump's eligibility to appear on the ballot as a Republican due to his "inconsistent views" and "his purpose to sabotage the Republican Party."

"It is my belief that Mr. Trump must present evidence that he is a registered member of the Republican Party because his views, expressed over decades, are inconsistent with the Republican Party platform and the Republican Party of New Hampshire's statement of principles and bylaws," Cullen wrote in a 6 page manifesto outlining every one of what he says are Trump's flip-flops dating back to 1999.

On Tuesday, New Hampshire's five-member Ballot Law Commission will convene to rule on the "questions of eligibility" and determine whether Cullen's claims are legitimate.

Corey Lewandowski, the billionaire front-runner's campaign manager, responded to Cullen's challenge sharply from Ohio, writing that Cullen "works for John Kasich, who is embarrassed by how poorly he is doing in the polls."

"To file such a document against the person who is not only the front-runner but leading by tremendous margins is outrageous," said Lewandowski. "If anything like this would ever happen, Mr. Trump's supporters would probably riot in the streets of New Hampshire. This is yet another attempt by the failed GOP establishment to keep Mr. Trump off the ballot because they know he is the only one who can Make America Great Again."

New Day for America, the pro-Kasich Super PAC that plans on spending $2.5 million to target Trump, sent out a release shortly thereafter, applauding Cullen's efforts.

"Like many other Republicans, we question Donald Trump's conservative credentials and are happy to support Mr. Cullen's efforts to challenge Trump's standing on the New Hampshire Republican primary ballot," said New Day For America spokesperson Connie Wehrkamp.

Cullen told CBS News he filed the complaint on his own, saying he is uncommitted but "likes Kasich" and has been in touch with his Super PAC.

"The tragedy of the political commons is that it's in everybody's interest to see Trump go down, but it's in no individual candidate's interest to be the one to go after him and as a result, everybody suffers," Cullen told CBS News after calling Trump the Democrats' "biggest asset."

History is not in Cullen's favor -- there has yet to be a complaint that has disqualified a big name presidential candidate from appearing on the New Hampshire ballot. The New Hampshire Republican Party also doesn't favor of Cullen's filing.

"It is up to voters to decide if candidates running for office reflect their values. It is not the role of the Republican Party to determine eligibility beyond verifying party affiliation and, as Mr. Trump is a registered Republican in the state of New York, he is eligible to compete in New Hampshire's presidential primary. We do not support any effort to challenge his filing," Michael Zona, the NHGOP Communications Director, wrote to CBS News in an email.

The commission will hear Cullen's claims along with the complaints of other disgruntled interventionists.

Andy Martin, a perennial candidate and leader of the birther movement, will present his challenge to Vermont Senator Bernie Sanders' eligibility. Martin, who filed himself as a Republican Presidential candidate in New Hampshire, was credited by The New York Times in 2008 as the source of rumors surrounding Barack Obama's religion and has repeatedly challenged his citizenship.

Martin argued during filing at the New Hampshire statehouse that it's well documented that Sanders is an independent, that he advertises himself as "the longest serving independent in Congress" and therefore is ineligible.

"Mr. Sanders claims that he can run as a Democrat in New Hampshire 'because there is no party registration in Vermont.' The claim is a complete red herring," Martin writes in his complaint, filed earlier in November.

A Sanders campaign spokesperson, Karthik Ganapathy, told CBS News they are confident Sanders will qualify for the Democratic ballot, "especially because his candidacy has the support of the Democratic Party, Chairman [Ray] Buckley, and state and local leaders across New Hampshire."

"For our part, we're going to focus less on frivolous challenges that undermine the gravity of the New Hampshire primary, and more on the issues that affect everyday Americans, from income inequality to the appalling influence of corporations on our political process," the spokesperson said.

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