Saturday, April 30, 2022

Three Courts Issue Divergent Opinions On Ballot Qualifications

Thanks to Richard Winger of Ballot Access News for this post.

Recently, three Courts issued very different Dicisions about whether States can keep Congressional Candidates Off the Ballot for promoting Insurrection. Voters had challenged the Ballot position of U.S. House Members: Marjorie Taylor Greene, Paul Gosar, Andy Biggs, and Madison Cawthorn.

The Challengers said those Candidates should be Barred from the Ballot because they had taken an Oath to the Constitution, and then had Supported a Violent attempt to Stop Congress from Counting the Electoral College Votes.

Arizona: On April 22nd, a State Court ruled that States Cannot evalute whether Congressional Candidates are Qualified. This Decision was favorable to Congressman Andy Biggs (R-5th District) and Paul Gosar (R-4th District). Hansen v Finchem, Superior Court, Maricopa County, CV2022-004321.

Georgia: On April 18th, U.S. District Court Judge Amy Totenberg, refused to Enjoin the State from holding Hearings on Congresswoman Marjorie Taylor Greene (R-14th District). The Decision says that States can Evaluate Congressional Candidates qualifications. Greene v Raffensperger, n.d., 1:22cv-1294.

North Carolina: On March 10th, U.S. District Court Judge Richard E. Myers, ruled on Congressman Madison Cawthorn (R-11th District), Lawsuit to Stop Election Officials from Adjudicating a Challenge to his Ballot Status. The Judge side-stepped the Qualification issues, and said that in 1872, Congress had issued a Blanket Amnesty for All Past and Future Cases involving the Insurrection language. Cawthorn v Circosta, e.d., 5:22cv-50.

There our other Options: The House could Not Seat an Elected House Member, and Congress could update the Statue and give the States the Ability to Decide this Issue.

NYC Wins When Everyone Can Vote! Michael H. Drucker

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