Below is from an e-mail from the Constitution Party of Georgia:
As part of ballot access efforts here in Georgia the Constitution Party of Georgia (CP-Ga) has joined the Green Party of Georgia in suing the State of Georgia and the Secretary of State to obtain ballot access for our presidential and vice-presidential candidates. This incremental step would give the CP-Ga visibility and greatly help our activists and supporters achieve this year’s goal of two percent of the popular vote for Virgil Goode, the CP-Ga candidate for President.
Thanks to everyone who has committed the matter to prayer or made a tax-deductible donation toward the expenses of the case. Special thanks go to CP-Ga Elections Director and VOTER-Ga Executive Director Garland Favorito who has given financially and served on the legal team representing the CP-Ga.
In the case the plaintiffs seek a determination that certain provisions of the Georgia Election Code governing the filing of petitions by political parties seeking ballot access to the presidential ballot in Georgia are unduly burdensome, infringe upon constitutional rights, lack a compelling interest, and are, therefore, unconstitutional. On July 17 Judge Richard Story granted the State of Georgia’s motion to dismiss. Upon review our legal team quickly filed a motion to reconsider for the following reasons:
Story did not address the issue presented by this case of access to the Presidential ballot, instead addressing an issue framed by the Defendants of access to state and congressional races. In his review of past cases Story noted, “the Courts held that the requirement under O.C.G.A. § 21-2-170 for a petition containing at least 5 percent of the registered voters for certain elections was not unconstitutional.” However, the judge’s argument did not include any presidential ballot access cases.
When considered in the context of the entirety of the Georgia Election Code, Georgia’s ballot access scheme that presidential candidates other than GOP or Democrat obtain signatures from 1% of registered voters, it becomes apparent that Georgia has no legitimate interest for its high signature requirement and the requirement falls outside the boundaries drawn by the U.S. Supreme Court for presidential candidates. Thus, Georgia’s statutory scheme is unduly burdensome, infringes upon constitutional rights, lacks a compelling interest, and is, therefore, unconstitutional.
This case is winnable and will position the CP-Ga to make our goal of at least two percent of the vote in November for Virgil Goode, which will then open up ballot access for all our state-wide candidates in 2014 as well as give the party momentum in the 2013 local elections. But we still need your help to make this a reality. Please continue to pray for a favorable ruling in this matter.
We are halfway to our goal of $5000 to cover the legal fees for this effort. Your gift of any amount will help us put the Constitution Party on the ballot in Georgia! Make a tax-deductible donation today to VOTER-Ga. 100% of your contribution will be used for legal expenses. You can mail your donation to VOTER-Ga, write “CPGa ballot access” in the memo line of your check, and send your contribution to:
220 Tallow Box Drive
Roswell, GA 30076