Oct
13

Cynthia McKinney writes about my Lawsuit for Ballot Access

Cynthia McKinney writes about my lawsuit for ballot access in Georgia for the Green Party-(which I alone funded before the Green Party treated my work and that of Cynthia McKinney so shabbily, so unfairly, due to their cultural insensitivity and their loathing of diversity).

On June 1, 2012, the 6th Circuit Court in Tennessee wrote to the Project’s lawyer informing him that the Court would render its decision after Oral Arguments. Because the Georgia action was modeled on the Tennessee decisions, it was important to stay in close contact with what was happening in Tennessee directly from the Court. At one point, even the question of whether or not to even file at all was up in the air awaiting even a hint of a signal from Tennessee. Tennessee Oral Arguments occurred on June 13, 2012. On May 25, 2012, the Defendants (the State of Georgia and the Georgia Secretary of State) were served notice of our legal claim by the Project’s attorney and the state had until June 14, 2012 to respond. The State attorney called the Project’s attorney and asked for 7 additional days to respond, which were consented to. Oral Arguments in the Georgia case were scheduled for July 25, 2012. From this timetable, it should be clear that Georgia was dancing the two-step with Tennessee. The State of Georgia responded and the Project’s attorney filed a Motion for Summary Judgment. On June 27, 2012, the Project’s attorney filed a response to the State’s Motion to Dismiss with affidavits from expert witnesses from both the Green and Constitution parties and from national ballot access expert, Richard Winger. In typical Georgia Courts fashion, the State’s Motion to Dismiss was granted on July 17, 2012. The Project decided immediately to Move for Reconsideration and filed on July 23, 2012. On August 10, 2012, the Project’s attorney filed a Notice of Supplemental Authority after the Tennessee 6th District Court ruled against the State of Tennessee and ordered the Green and Constitution Parties be placed on the November Tennessee ballot. On August 14, 2012, the Project’s attorney re-filed its Motion for Reconsideration, this time without opposition from the State of Georgia! And on August 15, 2012 the State’s ten days to respond to the Project’s first Motion for Reconsideration had lapsed. At the time of this writing, the State of Georgia has still failed to respond and is in default. In any other less important case, the Project would be declared the winner and the Green and Constitution Parties and other smaller parties ordered on the Georgia ballot for November. But because this is a political system that has been successfully challenged at its core, we all have to wait and see if the Judge in Georgia will follow the law or his political bosses. As of the writing of this Report, the State is still in default, and Judge Story still has not written his order putting the Green and Constitution Parties on the ballot. On August 7, Project’s attorney wrote, “Judges should grant unopposed motions. But, I guess we’ll see.” It is quite possible that this Project will have inspired a monumental change in the election laws of the State of Georgia as far as minor party access is concerned, but as Project attorney Mike Raffauf wrote, “I guess we’ll see.”