Michael Voeltz was a registered voter with no party affiliation until last fall. Now he is a Democrat suing to keep Barrack Obama off Florida’s ballot.

Judge Terry Lewis listened skeptically to an hour’s worth of arguments Monday morning.

The Obama Campaign and Florida’s Secretary of State are on the same side in the suit.

“We ask that Your Honor grant the motion to dismiss for failure to state a cause of action.”

They want it dismissed because they say Obama is simply a candidate yet to be nominated by his party.

“There has been no nomination to office, there has been no election to office, as a result of the presidential preference primary of January 31,” Mark Herron, President Obama’s Attorney.

But Attorney Larry Klayman calls that argument nothing more than a delaying tactic.

“What the defendants are doing is basically trying to push the issue down the road and create a fait accompli. It’s a shell game,” said Klayman.

The judge gave both sides a week to submit a proposed order. Voeltz says the suit is important to the future of the country.

“He was imprinted very early with anti-American attitudes, that were imprinted on him by, you know, a Communist mother, a Communist father, who was never a citizen of the United States,” said Voeltz.

Michael Voletz wouldn’t tell us what he does for a living, but he does say he isn’t wealthy. And when asked how he was paying for the lawsuit, told us “I don’t really think that’s any of your business.”

The Attorney seeking to disqualify the President from the Florida Ballot also told the judge today that he did not believe US Senator Marco Rubio should be allowed to run for President because Rubio’s parents were born in Cuba.