MATERIALS REFERENCED IN DEFENDANT’S PRETRIAL SUBMISSIONConstitution of the United StatesArticle II, Section 1, Clause 2
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number ofSenators and Representatives to which the State may beentitled in the Congress: but no Senator or Representative, or Person holding an Office of Trustor Profit under the United States, shall be appointed an Elector.
Constitution of the State of GeorgiaArticle
1, Section1 Rights of Persons
Paragraph V .Freedom of speech and of the press guaranteed.No law shall be passed tocurtail or restrain the freedom of speech or of the press. Every person may speak, write,and publish sentiments on all subjectsbut shall be responsible for the abuse of that liberty.
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Section 21-2-2
DefinitionsAs used in this chapter, the term:
(5) "Election" ordinarily means any general or special election and shall not include aprimary or special primary unless the contextin which the term is used clearly requiresthat a primary or special primary is included.(7) "Elector" means any person who shall possess all of the qualifications for voting now orhereafter prescribed by the laws of this state, including applicable charter provisions, andshall have registered in accordance with this chapter.
(25) "Political party" or "party" means any political organization which at the preceding:(A) Gubernatorial election nominated a candidate for Governor and whose candidate for Governor at such election polled at least 20 percent of the total vote cast in the state for Governor; or (B) Presidential election nominated a candidate for President of the United States andwhose candidates for presidential electors at such election polledat least 20 percent of the totalvote cast in the nation for that office.(29) "Primary" means any election held for the purpose of electing party officers or nominatingcandidates for public offices to be voted for at an election.
(33) "Special election"means an election that arises from some exigency or special need outsidethe usual routine.(34) "Special primary" means a primary that arises from some exigency or special need outsidethe usual routine.…..
Section 21-2-5
Candidates for federal and state office must meet constitutional and statutoryqualifications for holding office being sought; challenge to qualifications of candidate; hearing(a) Every candidate for federal and state office who is certified by the stateexecutive committeeof a political party or who files a notice of candidacy shall meet the constitutional and statutoryqualifications for holding the office being sought.(b) The Secretary of State upon his or her own motion may challenge the qualifications of anycandidate at any time prior to the election of such candidate. Within two weeks after the deadlinefor qualifying, any elector who is eligible to vote for a candidate may challenge the qualificationsof the candidate by filing a written complaint with the Secretary of State giving the reasons whythe elector believes the candidate is not qualified to seek and hold the public office for which heor she is offering. Upon his or her own motion or upon a challenge being filed, the Secretary of Stateshall notify the candidate in writing that his or her qualifications are being challenged andthe reasons therefor and shall advise the candidate that he or she is requesting a hearing on thematter before an administrative law judge of the Office of StateAdministrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time,and place of the hearing when such information becomes available. The administrative law judgeshall report his or her findings to the Secretary of State.(c) The Secretary of State shall determine if the candidate is qualified to seek and hold the publicoffice for which such candidate is offering. If the Secretary of State determines that the candidateis not qualified, the Secretaryof State shall withhold the name of the candidate from the ballot or strike such candidate's name from the ballot if the ballots have been printed. If there isinsufficient time to strike the candidate's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate andall votes cast for such candidate shall be void and shall not be counted.(d) In the event that a candidate pays his or her qualifying fee with a checkthat is subsequentlyreturned for insufficient funds, the Secretary of State shall automatically find that such candidatehas not met the qualifications for holding the office being sought, unless the bank, credit union,or other financial institution returning the check certifies in writing by an officer's or director'soath that the bank, credit union, or financial institution erred in returning the check.(e) The elector filing the challenge or the candidate challenged shall have the right to appeal thedecision of the Secretary of State by filing a petition in the Superior Court of Fulton Countywithin ten days after the entry of the final decision by the Secretary of State. The filing of the petition shall not itself stay the decision of the Secretary of State; however, the reviewing court
may order a stay upon appropriate terms for good cause shown. As soon as possible after serviceof the petition, the Secretary of State shall transmit the original or a certified copy of the entirerecord of the proceedings under review to the reviewing court. The review shall be conducted bythe court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Secretary of State as to the weight of the evidence on questions of fact.The court may affirm the decision or remand the case for further proceedings. The court mayreverse or modify the decision if substantial rights of the appellant have been prejudiced becausethe findings, inferences, conclusions, or decisions of the Secretary of State are:(1) In violation of the Constitution or laws of this state;(2) In excess of the statutory authority of the Secretary of State;(3) Made upon unlawful procedures;(4) Affected by other error of law;(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the wholerecord; or (6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarrantedexercise of discretion.An aggrieved party may obtain a review of any finaljudgment of the superior court by the Courtof Appeals or the Supreme Court, as provided by law.
HISTORY:
Code 1933, § 34-304, enacted by Ga. L. 1980, p. 312, § 1; Ga. L. 1983, p. 884, § 6-1; Ga. L. 1984, p. 636, § 1; Ga. L. 1985, p. 496, § 1; Ga. L. 1986,p. 32, § 1; Ga. L. 1987, p.1360, § 1; Ga. L. 1989, p. 900, § 1; Ga. L. 1993, p. 617, § 1; Ga. L. 1997, p. 590, § 2; Ga. L.1998, p. 145, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 21, § 1; Ga. L. 1999, p. 52, § 1.…..
Section 21-2-10
Presidential electorsAt the November election to be held in the year 1964 and every fourth year thereafter, there shall be elected by the electors of this state persons to be known as electors of President and VicePresident of the United States and referred to in thischapter as presidential electors, equal innumber to the whole number of senators and representatives to which this state may be entitledin the Congress of the United States.
HISTORY:
Laws 1824, Cobb's 1851 Digest, p. 235; Code 1863, § 1251; Code 1868, §1332;Code 1873, § 1311; Code 1882, § 1311; Civil Code 1895, § 89; Civil Code 1910, § 103; Code1933, § 34-2501; Ga. L. 1958, p. 208, §§ 1, 3; Code 1933, § 34-1601, enacted by Ga. L. 1964,Ex. Sess., p. 26, § 1; Ga. L. 1982, p. 3, § 21; Ga. L. 1993, p. 118, § 1; Ga. L. 1998, p. 295, § 1.
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