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Judge Denies Georgia Citizen’s Request for Special Grand Jury to Investigate Secretary of State
BASED ON GEORGIA CODES AND FILING PROCEDURES
The Post & Email
Sharon Rondeau
1/11/2012
Excerpt:
"The Post & Email had reported on a Georgia citizen’s petition for the seating of a special grand jury to investigate the professional conduct of Secretary of State Brian Kemp in failing to produce materials which would have substantiated placement of Barack Hussein Obama on the 2008 ballot as a constitutionally eligible presidential candidate.
Mr. Millard Blanchard had sent a FOIA request to Kemp on November 28, 2011 requesting the information Kemp utilized to determine that Obama was eligible. After receiving no response, Blanchard sent a letter to Kemp via certified mail in which he said, “Your lack of response implies that you have nothing, which makes it quite clear that Barack Obama was not qualified before placement on the Georgia ballot…”
Georgia law OCGA 21-2-5 states, in part:
(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.
(b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon his or her own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The administrative law judge shall report his or her findings to the Secretary of State.
(c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike such candidate’s name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate’s name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted.
An Official Opinion rendered in 2005 by Georgia Attorney Sam Olens specifically addressed a question from the previous Secretary of State about “enforcing the state’s election code,” citing O.C.G.A. § 21 2 50(a):
(4) To certify to the proper superintendent official lists of all the political party candidates who have been certified to the Secretary of State as qualified candidates for the succeeding primary and to certify to the proper superintendent official lists of all the candidates who have filed their notices of candidacy with the Secretary of State, both such certifications to be in substantially the form of the ballots to be used in the primary or election. The Secretary of State shall add to such form the language to be used in submitting any proposed constitutional amendment or other question to be voted upon at such election;
(emphasis ours)
In his opinion, Olens refers to the Secretary of State as a “constitutional officer.”
In October 2008, a qualifications case between a candidate for office and former Secretary of State Karen Handel was addressed by the Georgia Supreme Court, whose decision, based on OCGA 21-2-5(e), “directs the superior court to not substitute its judgment for that of the Secretary of State as to the weight of the evidence on questions of fact.” The court states that it intervenes only if violations of the U.S. Constitution or Georgia law are found; if the decision was “Made upon unlawful procedures;” based on errors, or results from an “abuse of discretion.”
Superior Court Chief Judge David E. Barrett denied Blanchard’s request to convene the special grand jury for several reasons:"
View the complete article at:
http://www.thepostemail.com/2012/01/...tary-of-state/
BASED ON GEORGIA CODES AND FILING PROCEDURES
The Post & Email
Sharon Rondeau
1/11/2012
Excerpt:
"The Post & Email had reported on a Georgia citizen’s petition for the seating of a special grand jury to investigate the professional conduct of Secretary of State Brian Kemp in failing to produce materials which would have substantiated placement of Barack Hussein Obama on the 2008 ballot as a constitutionally eligible presidential candidate.
Mr. Millard Blanchard had sent a FOIA request to Kemp on November 28, 2011 requesting the information Kemp utilized to determine that Obama was eligible. After receiving no response, Blanchard sent a letter to Kemp via certified mail in which he said, “Your lack of response implies that you have nothing, which makes it quite clear that Barack Obama was not qualified before placement on the Georgia ballot…”
Georgia law OCGA 21-2-5 states, in part:
(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.
(b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon his or her own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The administrative law judge shall report his or her findings to the Secretary of State.
(c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike such candidate’s name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate’s name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted.
An Official Opinion rendered in 2005 by Georgia Attorney Sam Olens specifically addressed a question from the previous Secretary of State about “enforcing the state’s election code,” citing O.C.G.A. § 21 2 50(a):
(4) To certify to the proper superintendent official lists of all the political party candidates who have been certified to the Secretary of State as qualified candidates for the succeeding primary and to certify to the proper superintendent official lists of all the candidates who have filed their notices of candidacy with the Secretary of State, both such certifications to be in substantially the form of the ballots to be used in the primary or election. The Secretary of State shall add to such form the language to be used in submitting any proposed constitutional amendment or other question to be voted upon at such election;
(emphasis ours)
In his opinion, Olens refers to the Secretary of State as a “constitutional officer.”
In October 2008, a qualifications case between a candidate for office and former Secretary of State Karen Handel was addressed by the Georgia Supreme Court, whose decision, based on OCGA 21-2-5(e), “directs the superior court to not substitute its judgment for that of the Secretary of State as to the weight of the evidence on questions of fact.” The court states that it intervenes only if violations of the U.S. Constitution or Georgia law are found; if the decision was “Made upon unlawful procedures;” based on errors, or results from an “abuse of discretion.”
Superior Court Chief Judge David E. Barrett denied Blanchard’s request to convene the special grand jury for several reasons:"
View the complete article at:
http://www.thepostemail.com/2012/01/...tary-of-state/