ATLANTA (AP) — U.S. Rep. Marjorie Taylor Greene filed a lawsuit Friday difficult a state legislation {that a} group of voters is utilizing to challenge her eligibility to run for reelection.
The problem filed final month with the Georgia secretary of state’s workplace alleges that Greene, a Republican, helped facilitate the Jan. 6, 2021, riot that disrupted Congress from certifying Joe Biden’s presidential election victory. That violates a provision of the 14th Modification and makes her ineligible to run for reelection, the problem says.
Greene’s lawsuit asks a decide to declare that the legislation that the voters are utilizing to problem her eligibility is itself unconstitutional and to ban state officers from implementing it.
A not often cited a part of the 14th Modification says nobody can serve in Congress “who, having beforehand taken an oath, as a member of Congress . . . to assist the Structure of the US, shall have engaged in rebel or rebel in opposition to the identical.” Ratified shortly after the Civil Conflict, it was meant partially to maintain representatives who had fought for the Confederacy from returning to Congress.
Georgia legislation says any voter who’s eligible to vote for a candidate could problem that candidate’s {qualifications} by submitting a written grievance inside two weeks after the deadline for qualifying. The secretary of state should then notify the candidate of the problem and request a listening to earlier than an administrative legislation decide. After holding a listening to, the executive legislation decide presents findings to the secretary of state, who then should decide whether or not the candidate is certified.
Free Speech for Individuals, a nationwide election and marketing campaign finance reform group, filed the problem March 24 on behalf of the group of voters. A listening to earlier than an administrative legislation decide has been set for April 13.
Greene “vigorously denies that she ‘aided and engaged in rebel to impede the peaceable switch of presidential energy,’” the lawsuit says.
The legislation solely requires the individuals difficult a candidate’s eligibility to file a written assertion of why they imagine the candidate isn’t certified, and that robotically triggers the secretary of state’s request for a listening to earlier than an administrative legislation decide, the lawsuit says. The truth that a authorities investigation will be triggered primarily based solely on the challenger’s perception violates Greene’s First Modification proper to run for political workplace, the lawsuit says.
The problem statute additionally places the burden on Greene to show by a preponderance of the proof that she didn’t have interaction within the alleged conduct, and that “burden shifting” violates the due course of clause of the 14th Modification, the lawsuit says.
The lawsuit additionally alleges that the problem statute “straight usurps” Congress’ constitutional potential to evaluate whether or not a member is certified.
Lastly, a legislation handed in 1872 eliminated the disqualifications put in place by the a part of the 14th Modification that the challengers try to make use of in opposition to Greene, lawsuit says
Voters supported by Free Speech for Individuals filed a similar challenge in opposition to U.S. Rep. Madison Cawthorn in North Carolina that has been blocked by a federal judge. The State Board of Elections has till April 11 to resolve whether or not to enchantment that ruling.
