Greene sues to stop challenge to his re-election eligibility

U.S. Representative Marjorie Taylor Greene has filed a lawsuit challenging a state law that a group of voters is using to challenge her eligibility to run for re-election

ATLANTA — U.S. Representative Marjorie Taylor Greene filed a lawsuit Friday challenging a state law that a group of voters is using to challenge her eligibility to run for office.

Greene’s lawsuit asks a judge to declare that the law voters are using to challenge his eligibility is itself unconstitutional and to bar state officials from enforcing it.

A rarely quoted part of the 14th Amendment says that no one can serve in Congress “who, after being sworn in, as a member of Congress.” . . to support the Constitution of the United States, will have engaged in an insurrection or a rebellion against it. Ratified shortly after the Civil War, it was partly intended to prevent representatives who had fought for the Confederacy from returning to Congress.

Georgia law states that any voter eligible to vote for a candidate may challenge that candidate’s qualifications by filing a written complaint within two weeks of the qualification deadline. The Secretary of State must then notify the challenge to the candidate and request a hearing before an administrative law judge. After holding a hearing, the administrative law judge presents his findings to the Secretary of State, who must then determine whether the candidate is qualified.

Free Speech for People, a national campaign and election finance reform group, filed the challenge on March 24 on behalf of the group of voters. A hearing before an administrative law judge has been set for April 13.

Greene “vigorously denies that she ‘aids and engages in an insurrection to obstruct the peaceful transfer of presidential power,'” the lawsuit states.

The law only requires people challenging a candidate’s eligibility to file a written statement explaining why they believe the candidate is unqualified, which automatically triggers the Secretary of State’s request for a hearing before a judge. administrative law, says the lawsuit. That a government investigation could be initiated based solely on the challenger’s belief violates Greene’s right to run for political office, the lawsuit alleges.

The Dispute Act also places the burden on Greene to prove by a preponderance of evidence that she did not engage in the alleged conduct, and that the “transfer of charge” violates the Due Process Clause of the 14th Amendment, according to the trial.

The lawsuit also alleges that the challenge law “directly usurps” Congress’ constitutional ability to judge whether a member is qualified.

Finally, a law passed in 1872 removed the disqualifications put in place by the portion of the 14th Amendment that the challengers are trying to use against Greene, the lawsuit says.

Voters backed by Free Speech for People filed a similar challenge against U.S. Representative Madison Cawthorn in North Carolina, which was blocked by a federal judge. Voters are appealing several of the judge’s orders to the 4th U.S. Circuit Court of Appeals.

ABC News

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