Notice of Appeal Filed in Marjorie Taylor Greene Ballot Case

ATLANTA — The epic and so far wholly unsuccessful battle to keep Rep. Marjorie Taylor Greene, R-Ga., off the November ballot took another turn Thursday afternoon as the plaintiffs in the case filed a notice of appeal to the Georgia Supreme Court.

In a statement provided to The Well News, John Bonifaz, president of Free Speech For People, said, “We are appealing Fulton County Superior Court Judge Christopher Brasher’s decision to the Georgia Supreme Court.

“In this challenge to Rep. Marjorie Taylor Greene’s eligibility as a candidate under Section 3 of the Fourteenth Amendment, the administrative law judge wrongfully shifted the burden of proof to the voters and denied all of their discovery requests, in violation of state law,” Bonifaz continued. “Judge Brasher erred in failing to identify those violations. As we will argue in our appeal, the Georgia Supreme Court should reverse and remand this case to the administrative law judge for further proceedings.”

The underlying legal dispute dates back to March 24, when a group of voters residing in Greene’s district filed a legal challenge seeking to block her candidacy for reelection.

The voters, who are represented by Free Speech For People, a voting law advocacy group, alleged Greene is constitutionally disqualified from public office under Section 3 of the 14th Amendment to the U.S. Constitution, on the grounds that she helped facilitate the Jan. 6, 2021, siege of the U.S. Capitol.

Though the complaint was originally filed with Georgia Secretary of State Brad Raffensperger’s office, it was handed over to an administrative law judge, who was then charged with making a recommendation for Raffensperger to consider.

Greene spent hours on the stand in April before Administrative Law Judge Charles Beaudrot, who ultimately ruled on May 6 that Greene should not be disqualified from appearing on the ballot in her district.

His recommendation then went to Raffensperger, who immediately affirmed it.

The voters then appealed to the Fulton County Superior Court, claiming Beaudrot had made at least four legal errors in making his decision.

But on Monday, Chief Judge Christopher Brasher of the Fulton County Superior Court ruled Greene is eligible to run for reelection to Congress, explaining that he found no errors in Beaudrot’s handling of the case.

In addition to Free Speech For People, the Georgia voters are also represented by New York-based Emery Celli Brinckerhoff Abady Ward & Maazel LLP. 

Bryan Sells, an Atlanta-based civil rights lawyer specializing in voting rights and election law, is serving as local counsel.

Dan can be reached at [email protected] and @DanMcCue