… gubernatorial candidacy challenge against him to an administrative court as required by Georgia law. Any elector may send a candidacy challenge to the SOS who is mandated to send all challenges to the administrative court system for a hearing as per O.C.G.A. §21-2-5(b).
Northwest Georgia residents, Brandyn James and Harvey Wysong, filed a Petition for Writ of Mandamus seeking the court to force the SOS to comply with the law by transferring their challenge, which is based on an approved Georgia Republican Party resolution stating:
“It is resolved that the Georgia Republican Party shall not qualify, allow to be qualified, or take any action to allow Brad Raffensperger to qualify as a Republican or run for any elected office unless and until a GAGOP Convention removes this restriction;” [pg 10]
But SOS General Counsel, Charlene McGowan, rejected their challenge stating:
“…we have determined that the information provided does not meet the criteria required to constitute a valid candidate challenge.” [pg 25]
There is no provision under Georgia law for the SOS, to make any such determination as to the validity of a candidate challenge, especially one that challenges his own candidacy.
Judge Belinda Edwards’ order, confirmed a May 1 hearing decision by finding:
“Petitioners lack a clear legal right to an administrative hearing”. [pg 2]
Georgia law provides no clear authority for a Superior Court to make such a determination before a challenge is heard since that is the jurisdiction of an administrative law judge.
The Petitioners entered an appeal for the Mandamus directly to the Georgia Supreme Court on Tuesday after being denied the normal challenge process. Attorney Jake Medhoff said:
"We respectfully disagree with the trial court's decision and are confident that the Supreme Court of Georgia will vindicate both our clients and the plain language of the statute."
The case has incurred a near total black out by local news media despite a massive conflict of interest in allowing the SOS to determine whether or not he is properly qualified to run for Governor. Meanwhile, Raffensperger continues to collect Republican primary votes even though the Republican Party passed a resolution prohibiting him to run as a Republican.
