Apr 22 2013

Georgia Green Party and Georgia Constitution Party Appeal Presidential Ballot Access Case

Source: Ballot Access News

On April 22, the Constitution and Green Parties of Georgia appealed their presidential ballot access case to the 11th circuit. The case is Green Party of Georgia v State. The lawsuit was filed in 2012 and pointed out that the U.S. Supreme Court and the Eleventh Circuit have both ruled that ballot access for President has more protection than ballot access for other office (Georgia is in the 11th circuit). The U.S. District Court had dismissed the case last year before the state had even answered the complaint. The U.S. District Court Judge decision missed the main point of the lawsuit, that the unfavorable Georgia ballot access precedents do not relate to presidential elections.

Georgia is one of only two states in which no petition concerning presidential ballot access has succeeded during the last twelve years. The other such state is Indiana. The U.S. Supreme Court has said in Storer v Brown and Mandel v Bradley that a key indicator that a ballot access lawsuit is unconstitutional is how often it is used successfully.

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