Blast from the Past: Former Georgia Secretary of State Ruled Against Judge Malihi's Decision to Remove Candidate from Ballot
Secretary Cox Rules to Keep Randy Sauder on
Ballot in State House District 29 Race
For Immediate Release: June 7, 2000
Secretary of State Cox rejected state administrative law judge (ALJ) Michael Malihi’s initial decision in the Sauder matter, which procedurally serves as a recommendation to Secretary Cox, the state’s chief elections official. Ms. Cox found flawed the ALJ’s interpretation of Georgia election law governing the qualification process for candidates, and endorsed the opinion and guidance of Georgia Attorney General Thurbert Baker. Attorney General Baker has opined that it is legal and permissible for a candidate to, during the period in which candidates submit documents to their political parties, withdraw their Declaration of Candidacy with one political party and re-submit it with another.
Mr. Tuck challenged Mr. Sauder’s qualifications based upon the claim that once he had submitted qualifying documents with the Republican Party he could not legally submit them with the Democratic Party, even though Mr. Sauder had taken the appropriate legal steps to formally withdraw his Republican candidacy.
Ms. Cox noted that the Sauder challenge was a complex one involving differing interpretations of state election law and procedure. “While it is unusual to not accept the initial decision of an ALJ, it would be unprecedented for this office to reject the guidance of the Attorney General, who both provides us legal guidance and would serve as our counsel should this matter enter litigation,” she added.
In her order, Secretary Cox addressed the distinction between the filing of papers and fees and the formal conclusion of the qualifying process: “It defies logic, law and practice to conclude that the mere filing of papers and appropriate fees concludes the ‘qualification’ by a candidate…There simply are no qualified candidates, in theory or in practice, until the political parties submit a certification of qualified candidates within three days after the qualifying period closes, O.C.G.A. 21-2-154, and to conclude otherwise would wreak havoc on the elections system.”
Secretary Cox in her order noted that the relevant provision in Georgia election law was enacted following the 1974 race for Governor, in which former Macon Mayor Ronnie Thompson qualified and ran both as a Democratic and Republican candidate for that office, a form of candidate “double dipping.”
Under Georgia law a party to a candidate challenge may appeal the Secretary of State’s decision in Fulton Superior Court.
MORE HERE: http://sos.georgia.gov/pressrel/pr000607.htm
ARTICLE II ELIGIBILITY FACTS HERE: http://www.art2superpac.com/issues.html
11 comments:
Will Sherrif Joe reveal his findings on Monday?
http://www.infowars.com/sheriff-arpaio-office-lawyers-to-meet-with-doj/
Dust, don't make me laugh. Sheriff who? Report when?
All elected officials, law enforcement, and those in authoritve positions have already sold us out. All they do is lie to us daily. Quite frankly, the ball is, and has been, in our court. At this point, I can only imagine they are closing in. This is about all or nothing. Make no mistake. And yes, this is a race.
Oh crap, that can't be good! And no WND says he'll hold a press conference on March 1st in Phoenix to release his findings. I'm not happy that his lawyers are meeting with the DOJ though. I see massive threats in Sheriff Joe's future.
Sheriff Arpaio news conference: March 1, 2012
http://www.wnd.com/2012/02/d-day-set-for-sheriff-joe-on-obama-eligibility/
Write to Secretary of State Brian Kemp and tell him to hold his final determination on Obama Ballot eligibility until after March 1, 2012
"Devastating" (We all hope!)
executive offices email: http://sos.georgia.gov/cgi-bin/email.asp
phone: 404-656-2881
fax: 404-656-0513
Michael Jablonski, Obama’s local attorney in the Georgia action, is ONE of the state’s presidential ELECTORS.
Malihi is likely a Democrat, as he was appointed to his position by Chief State Administrative Law Judge Mark Cohen, a Democrat who was appointed by Democrat Governor Zell Miller.
The White House now wants COHEN APPOINTED the District Court.
Kemp is free to keep Obama’s name off the Georgia ballot if he believes that Obama does not satisfy the eligibility requirements. Obama is then obligated to prove to Kemp’s satisfaction that he is eligible.
Kemp does not have to prove that he is not.
Brain Kemp is a republican. I pray to God that he does the right thing.
> tell him to hold his final determination on Obama Ballot eligibility until after March 1, 2012
The GA primary is on March 6th. Do you really think the SOS will be able to make an assessment of Sheriff Joe's "1000 pages" within less than 5 days?
Do you really think he will postpone the GA primary because there "might" be something in some "1000 pages" presented by some local sheriff in another state?
Makes you wonder why Joe is trying to delay this until past the 11th hour. He originally said he'd publish the results "in February".
Now he's stretching this to the maximum limit (Feb 29th plus one day). And he told Orly to stuff it when she subpoenaed him for the GA hearing.
Not the actions of someone who is sitting on "devastating evidence" for Obama's eligibility, if you ask me.
@Anonymous
"Brian Kemp is a Republican. I pray to God that he does the right thing."
No worries, he did!
http://www.11alive.com/news/article/226487/40/Kemp-Obamas-name-to-remain-on-primary-ballot
@DUST
Sheriff Joe has moved D-Day to March 5 2012
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