I. NO EMERGENCY EXISTS AS THE ELECTION IS ALREADY UNDERWAY.Petitioner fears that the Court will decline to rule on its petition once the electionstarts on the grounds that the action is moot. The election has already started. In personearly voting began on February 13. Ballots have been printed, machines have beenprogrammed, and every county in Georgia has begun the process of recordingpreferences so that the political parties can apportion delegates to the nominatingconventions.Petitioner does not state what, if any, harm could be caused from the balloting.No one is elected or nominated. The purpose of the polling is to allow political parties todetermine how the Georgia delegation to the nominating convention apportions pledgeddelegates. Petitioners request to delay balloting would force the Secretary of State toundertake enormous additional costs of running a second election at a later date
allfor no reason.II. O.C.G.A. § 21-2-5(e) DOES NOT REQUIRE ANY HEARING Assuming that the qualification review statute applies
, nothing in O.C.G.A. § 21-2-5(e) requires the Court to hold any hearing.
The statute simply says:The review shall be conducted by the court without a jury and shall be confined to the record. The court shall notsubstitute its judgment for that of the Secretary of State as tothe weight of the evidence on questions of fact.
President Obama maintains that O.C.G.A. § 21-2-5 does not apply to Presidential Preference Primaries because the PPP is not an election
no one is nominated, elected, selected, authorized to take office,qualified, nor is a fee charged as in an election. Under the United States Constitution and the laws of Georgia voters select presidential electors who then select a president. No presidential candidate ever ispresented for election by ordinary voters.
The Georgia Attorney General has taken the position in numerous qualification review proceedings thatno hearing is required by the terms of the statute. Judicial economy suggests that the Court review therecord on its own to determine whether appropriate standards were met.