Atlanta (AP) – U.S. lawmaker Marjorie Taylor Green filed a lawsuit Friday against state law used by a group of voters. To appeal to its powers To participate in elections.
A challenge to the Secretary of State’s Office last month revealed that Green, a Republican, had helped in a riot on Jan. 6, 2021 that prevented Congressional certification that Joe Biden had won the presidential election. This violates the provisions of the 14th amendment and deprives him of the right to stand for election, the appeal said.
Green’s lawsuit requires the judge to declare that the law used by voters to challenge his powers is inherently unconstitutional and to prohibit government officials from enforcing it.
The rarely quoted passage in Amendment 14 states that no one in Congress may serve “anyone who has previously been sworn in as a member of Congress… To uphold the U.S. Constitution, they must revolt or revolt against it”. After the ratification of the civil war, in part, it provided that representatives fighting for the Confederation would not return to Congress.
Georgia law states that any voter with the right to vote for a candidate may appeal the candidate’s qualification by filing a written complaint within two weeks of the end of the qualification period. The Secretary of State must then notify the candidate of the appeal and request a hearing before an administrative law judge. After the hearing, the administrative law judge sends the conclusions to the Secretary of State, who then determines the candidate’s qualifications.
Freedom of speech for the people On March 24, the National Group for Electoral Reform and Campaign Funding presented the challenge on behalf of a group of voters. The hearing before the Administrative Judge is set for April 13.
Green “strongly denied that” helped and joined the uprising to prevent a peaceful transfer of power to the presidency, “the reason was adopted.
The law only requires people who conflict with a candidate’s authority to submit a written statement as to why they consider the candidate ineligible, and this automatically triggers the Secretary of State’s request for a front hearing. of an administrative law judge, the case was adopted. The fact that a government investigation can only be launched based on an opponent’s belief violates the Green’s First Amendment, the right to vote for a political position, the lawsuit upheld.
The appeals law also places a burden on Green to prove that there is too much evidence that he was not involved in the alleged conduct and that the “change of charge” violates the clause applicable to the 14th process. that Amendment, the case said.
The lawsuit also argues that the appeal provision “directly deprives” Congress of the constitutional capacity to judge whether a member qualifies.
Finally, a law passed in 1872 removed the disqualifications imposed by Section 14 of the amendment, which opponents wanted to use against Greene, according to the lawsuit.
Voters advocate free speech for the people A similar challenge to the U.S. Representative in North Carolina against Madison Couthorn, was blocked by a federal judge. The State Electoral Commission must decide before April 11 whether to challenge the decision.
Source: Huffpost