The Georgia Election Code (the “Code”) mandates that “[e]very candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.” O.C.G.A. § 21-2-5(a).
On December 15, 2011, Defendant, President Barack Obama, moved for dismissal of Plaintiffs’ challenge to his qualifications for office. The Court has jurisdiction to hear this contested case pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
For the reasons indicated below, Defendant’s Motion to Dismiss is DENIED.
Order Denying Motion to Dismiss.pdf
Related reading:
Judge Boils as State Defends Ballot Restrictions
The Tennessean (10 Jan 12)
Judge Denies Barack Obama’s Motion to Dismiss, Allows Eligibility Challenge to Proceed in Georgia
Bob McCarty (6 Jan 12)
