To: Harlan1196
399 posted on
03/08/2012 10:50:58 AM PST by
philman_36
(Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
To: Harlan1196
See, I find this rather troublesome...
Despite its application in the court below, this Court does not believe that O.C.G.A. §21-2-5 applies in this case because the challenge at issue involves the Presidential Preference Primary, which by its terms, is an opportunity for electors "to express their preference for one person to be a candidate for nomination. "O.C.G.A.§21-2-191.
@O.C.G.A. 21-2-5 (2010)
21-2-5. Qualifications of candidates for federal and state office; determination of qualifications
(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.
@O.C.G.A. 21-2-191 (2010)
21-2-191. Parties entitled to hold primaries; dates; decision to elect delegates to presidential nominating convention in primary; qualifying periods for candidates for delegate
Doesn't it seem to you that 21-2-5 does apply since it is a federal office being sought? And wasn't a notice of candidacy filed?
401 posted on
03/08/2012 11:06:15 AM PST by
philman_36
(Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
To: philman_36
The judge does say in her decision that there is prior precedent to support her decision.
It looks to me that the plaintiffs have to do two things:
1. Resubmit their complaints after the primary when Obama is an actual candidate.
2. Find a way to properly serve Obama in accordance with Georgia law.
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