SUPERIOR COURT OF GEORGIAFOR THE COUNTY OF FULTONDAVID P. WELDEN ::Petitioner :: Superior Courtv. : Docket Number::BARACK OBAMA : OSAH Docket Number:: OSAH-SECSTATE-CE-Respondent : 1215137-60-MALIHI:::
MOTION FOR EMERGENCY STAY AND PRELIMINARYINJUNCTION
Pursuant to the Uniform Rules for the Superior Courts of Georgia, Rule 6.1 and 6.7, andO.C.G.A. § 21-2-5(e), Petitioner respectfully submits this motion for an emergency stay of thefinal decision of the Secretary of State and a preliminary injunction prohibiting the GeorgiaSecretary of State from including candidate Barack Obama on the Georgia Presidential Primaryballot. Grounds for this motion, as set forth more fully below, are that the Georgia PresidentialPrimary election will be held on March 6, 2012; that Petitioner challenges the Constitutionalqualifications of candidate Barack Obama to appear on the Georgia Presidential Primary ballot;and therefore immediate action by this Court is necessary for proper adjudication of this matter.
Supporting Authorities and Facts
Uniform Rules for the Superior Courts of Georgia, Rule
6.7 states “
Upon written noticeand good cause shown, the assigned judge may shorten or waive the time requirement applicableto emergency motions, except motions for summary judgment, or grant an immediate hearing on