Georgia judge throws Green Party presidential candidate, three others off state’s general election ballot

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Quick Hit:

A Georgia judge ruled on Monday that four independent and third-party candidates, including Robert F. Kennedy Jr. and Cornel West, are ineligible to appear on the state’s presidential ballot. The final decision now rests with Georgia Secretary of State Brad Raffensperger.

Key Details:

  • Judicial Ruling: Administrative Law Judge Michael Malihi ruled that Robert F. Kennedy Jr., Cornel West, Green Party’s Jill Stein, and Claudia De la Cruz from the Party for Socialism and Liberation are not qualified to appear on Georgia’s presidential ballot.
  • Legal Challenges: The Democratic Party challenged the eligibility of these candidates, citing concerns over siphoning votes from Vice President Kamala Harris in a crucial swing state.
  • Next Steps: Georgia Secretary of State Brad Raffensperger must decide on the matter before September 17, when military and overseas ballots are mailed out.

Diving Deeper:

In Georgia, Administrative Law Judge Michael Malihi declared on Monday that four independent and third-party candidates, including Robert F. Kennedy Jr. and Cornel West, are ineligible to appear on Georgia’s 2024 presidential ballot. This decision follows a series of legal challenges brought by the state Democratic Party, which argued that these candidates might divert votes from Vice President Kamala Harris, the Democratic nominee, in a state where President Joe Biden won by a slim margin in 2020.

The ruling also affects Green Party candidate Jill Stein and Claudia De la Cruz from the Party for Socialism and Liberation. Judge Malihi's decision hinges on a technical interpretation of Georgia election law. He pointed out that, according to a 2017 amendment, petitions for independent candidates must be filed by the presidential electors rather than the candidates themselves. This interpretation was contested by the candidates' legal teams, who argued it was an incorrect reading of the law, especially since the Georgia Secretary of State’s office had initially accepted their petitions without objection.

One particularly striking aspect of the ruling was the disqualification of Kennedy based on residency issues. Malihi supported claims by a Democratic-aligned PAC that Kennedy used a false New York address on his ballot access petitions. This decision is consistent with a New York court's recent finding that Kennedy does not reside at the address he listed.

If Georgia Secretary of State Brad Raffensperger upholds these rulings, voters in Georgia will only have three presidential candidates to choose from: Vice President Kamala Harris, former President Donald Trump, and Libertarian candidate Chase Oliver. Raffensperger’s office has stated that it is reviewing the judge’s rulings and will make a final decision promptly, as the state must prepare to send out military and overseas ballots by September 17.

This case is part of a broader national effort by Democrats to challenge the ballot access of third-party and independent candidates, particularly in battleground states. These challenges have sparked accusations from supporters of the excluded candidates, who argue that Democrats are undermining voter choice through legal maneuvers designed to eliminate competition.

 

"Cornel West" by Gage Skidmore licensed under CC BY-SA 2.0 DEED.

 

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