Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Obama Exposer
(“The Secretary of State of Georgia is not given any authority that is discretionary nor any that is mandatory to refuse to allow someone to be listed as a candidate for President by a political party because she believes that the candidate might not be qualified.”) Similarly, no law gives the Secretary of State authority to determine the qualifications of someone named by a political party to be on the Presidential Preference Primary ballot.

This argues that there is no controlling legal authority, and that even if Obama is ineligible, there is nothing you can do about it.

107 posted on 01/25/2012 4:20:53 PM PST by UnwashedPeasant (Don't nuke me, bro)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: UnwashedPeasant

That’s exactly right. Obama’s lawyers has got Georgia backed into a corner now. Apparently the plaintiffs over looked the case Terry v. Handel, 08cv158774S which states apparently, there is no requirement that the candidate be “eligible” to be President in the state of Georgia. Primary winners do not take office. The outcome of a primary merely determines the composition of a slate of delegates to a party convention — again, by internal party rules. The Georgia Superior Court would have to ignore its own ruling in Terry v. Handel in order to find anything other than that Kemp has no power or discretion whatsoever to exclude Obama from the ballot base on eligibility claims.


115 posted on 01/25/2012 4:38:53 PM PST by Obama Exposer
[ Post Reply | Private Reply | To 107 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson