- COURT: N.D. Ga.
- TRACK DOCKET: No. 1:22-cv-01294 (Bloomberg Law Subscription)
- JUDGE: Amy Totenberg (Bloomberg Law Subscription)
Rep. Marjorie Taylor Greene (R-Ga.) is fighting efforts to remove her from the 2022 primary ballot based on her alleged role in the Jan. 6 Capitol attack, telling a federal judge the law allowing electors to challenge her candidacy is unconstitutional.
Greene’s April 1 lawsuit seeks an order blocking a Georgia statute that allows any elector who’s eligible to vote for a candidate to challenge the candidate’s qualifications by filing a written complaint with the secretary of state’s office. The statute allows a candidate to be removed from the ballot after a hearing before an administrative law judge and consideration by the secretary.
Greene says several challengers have filed papers to remove her from the ballot based on her alleged activities aiding and engaging in an insurrection to obstruct the peaceful transfer of presidential power. Greene “vigorously denies” these allegations and says the law allowing such challenges violates her constitutional rights under the First and Fourteenth amendments. It also usurps the U.S. House of Representatives’ power to judge the qualifications of its members, she says.
Greene’s lawsuit, filed in the U.S. District Court for the Northern District of Georgia, names Georgia Secretary of State Brad Raffensperger as a defendant.
Causes of Action: Violations of the First and Fourteenth amendments of the U.S. Constitution.
Relief: Declaration of unconstitutionality, injunction barring enforcement of law, attorneys’ fees, and expenses.
Response: The secretary’s office didn’t immediately respond to a request for comment.
Attorneys: Hilbert Law Firm LLC and Bopp Law Firm represent Greene.
The case is Greene v. Raffensperger, N.D. Ga., No. 1:22-cv-01294, complaint 4/1/22.
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