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To: philman_36

She did not ignore a law. The only law she had to rule on was O.C.G.A. §21-2-5. She ruled it did not apply due to previous case law.


453 posted on 03/08/2012 1:47:58 PM PST by Harlan1196
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To: Harlan1196
She did not ignore a law. The only law she had to rule on was O.C.G.A. §21-2-5. She ruled it did not apply due to previous case law.
The case law she cited had nothing to do with O.C.G.A. §21-2-5 as she duly noted.
She believed one law applied and the other didn't.
She hardly substantiated her belief as to why that was so...IMO and only IMO.
464 posted on 03/08/2012 1:57:39 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Harlan1196
O.C.G.A. § 21-2-15 - "This chapter shall apply to any general or special election in this state to fill any federal, state, county, or municipal office, to any general or special primary to nominate candidates for any such office, and to any federal, state, county, or municipal election or primary for any other purpose whatsoever, unless otherwise provided."

Doesn't seem to be much wiggle room... This chapter shall apply to any primary to nominate candidates for any federal office.

O.C.G.A. §21-2-5(a) - Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.

Every party certified candidate shall meet the constitutional qualifications. Not much wiggle room there, either.

Referring to:
1) Welden's Proposed Findings of Fact and Conclusions of Law, Filed Feb. 1, 2012
2) Georgia Code at http://www.lexisnexis.com/hottopics/gacode/Default.asp

478 posted on 03/08/2012 2:09:49 PM PST by Ray76
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