Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming
Law Firm Website Design Companies : The Good, The Bad, and The Ugly


A lawsuit filed Tuesday said Georgia's secretary of state violated the law and deprived citizens of their right to vote by canceling a schedule election for a state Supreme Court seat.

The civil rights suit against Secretary of State Brad Raffensperger was filed in federal court in Atlanta by three Georgia voters. It is rooted in Raffensperger's decision to cancel a scheduled May 19 election for Justice Keith Blackwell's seat on the state Supreme Court. Blackwell had announced his intention to resign in November and Republican Gov. Brian Kemp said he planned to fill the seat by appointment.

Raffensperger spokesman Walter Jones declined to comment, citing the pending litigation.

The cancellation has already prompted two earlier lawsuits filed in Fulton County Superior Court by would-be candidates for Blackwell's seat who allege that the cancellation was illegal. A judge ruled that Raffensperger didn't violate the law and that Kemp could rightfully fill the seat by appointment. Appeals are pending before the state Supreme Court.

Blackwell continues to occupy his seat on the high court and his resignation isn't effective until Nov. 18, meaning it hasn't created a vacancy that the governor has the power to fill, the new federal lawsuit says.

“Georgia law does not give the Secretary the authority to deem an occupied seat on the Georgia Supreme Court vacant,” the lawsuit says. “To call an occupied seat vacant is to confound the meaning of both ‘occupied’ and ‘vacant.'”

That means the cancellation of the election violates state law, and a violation of state law that disenfranchises voters is a violation of the Fourteenth Amendment's due process guarantee, the suit says.

But even if state law allows Raffensperger not to hold an election for Blackwell's seat, that state law and Raffensperger's actions under that law violate the U.S. Constitution, the lawsuit says.

Legal News | Breaking News | Terms & Conditions | Privacy

ⓒ Breaking Legal News. All Rights Reserved.

The content contained on the web site has been prepared by BLN as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. Small Law Firm Web Design by Law Promo Website Design
   More Legal News
   Legal Spotlight
   Exclusive Commentaries
   Attorney & Blog - Blog Watch
   Law Firm News  1  2  3  4  5  6 
   Lawyer & Law Firm Links
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Indiana Medical Malpractice Attorneys
Indianapolis Medical Malpractice
www.rwp-law.com
Chicago Business Law Attorney
Corporate Litigation Attorneys
www.rothlawgroup.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Chicago, DuPage IL Workers' Compensation Lawyers
Chicago Workplace Injury Attorneys
www.krol-law.com
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Santa Ana Workers' Compensation Lawyers
www.davidgentrylaw.com
Eugene Bankruptcy Attorney
Bankruptcy Attorney Eugene
willamettevalleybankruptcy.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
   More Legal News  1  2  3  4  5  6
   Legal News Links
  Click The Law
  Daily Bar News
  The Legal Voice
  The Legal Report
  Legal News Post
  Crisis Legal News
  Legal News Journal
  Attorney Web Design
  Bar Association Website Design
  Law Firm Directory