Month August 2024

Georgia Green Party Prepared to Appeal Judge Malihi Order
Legal options still open to Georgia Green ballot access efforts
Party remains ready to offer ballot qualified opposition to war and genocide

In a series of rulings adverse to the cause of political independence Administrative Law Judge Michael Malihi found reason to support each of the ballot qualification challenges filed by Democrat voters.  Those Democrats seek to deny Georgia voters inclined to vote for Green and independent candidates an opportunity to see their candidates of choice on the Georgia ballot.

Judge Michael Malihi presides over ballot access challenges.
Picture Credit: Natrice Miller, AJC

Among those adverse rulings, in the case Pigg et al vs Carr et al (the Georgia Green Party slate for Presidential Electors), Judge Malihi rejected every contention of challengers but one.  The Court found that the Georgia Green Party is a registered political body in Georgia and is in compliance with respect to how its Conventions were publicized and conducted, and how its slate of candidates for Presidential Electors was qualified.  The Judge found that the one shortcoming was in the party’s ability to document its place on the ballot in twenty other states under a new statute adopted this past Spring.

“One cannot produce documents which do not yet exist”, said Hugh Esco, Secretary of the Georgia Green Party and the sole witness called in the case.  “As our testimony made clear, Secretary Raffensberger has asked us to produce documents, many of which do not need to be filed in other states until up to three weeks after his early deadline for our filing with his office here in Georgia.  This deadline undermines the intention of the General Assembly and the early date imposed serves no compelling governmental interest.”

Party officers were not surprised by the ruling given the limits imposed by the administrative procedures act which prohibit the consideration of Constitutional concerns by Administrative Law Judges.  Judge Malihi’s Initial Order is now sent to the Secretary of State to inform their final determination.

“We hope though that the Secretary’s office will collaborate with us in recognition of the obvious Constitutional issues raised by the early deadline and save us all the trouble of an appeal to Fulton Superior Court,” said Craig Webster, counsel for Georgia Green Party respondents.

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Executive Summary and Table of Contents
for Supporting Documents for Georgia Green Party’s  21-2-172(g) Affidavit
Supporting_Documentation–executive_summary–toc

Decision of Judge Michael Malihi
Initial_Order–Pigg-v-Carr–2502871–20240826

Georgia Green Party
https://georgiagreenparty.org/

Georgia Green Party files ballot access paperwork
ready to offer ballot qualified opposition to war and genocide
while fending off Democrats intent on excluding Jill Stein from the ballot

On Friday, August 23rd, 2024, with a 3:33pm timestamp, the Elections Division accepted a Presidential Elector Nomination Affidavit, signed by Chairwoman Kristin Zebrowski, on behalf of the Georgia Green Party.  This is the first time this

new process for getting on the ballot has ever been used in Georgia.  It was created by an act of the most recent term of the Georgia General Assembly.

While preparing for Friday’s filing deadline, the party faced a challenge mounted by Democrat voters seeking to deny Green voters an opportunity to vote for their candidate of choice.  They have raised a shifting array of arguments each intending that the Georgia Green Party not be able to offer Jill Stein and Rudolph Ware as its Presidential Slate to Georgia voters in the upcoming general election.

The Affidavit was delivered, along with 299 pages of supporting documents by Hugh Esco, Secretary of the Party.  As a witness at Thursday’s hearing Esco told the court,

“I think it’s pretty clear that the Assembly wanted to make it possible for new political bodies, new political parties that have some base of support across the nation to participate in our presidential elections.  I think that that’s a good thing and it ought to be applauded.”

Additional pleadings are expected from both parties by noon, Monday.  The Judge has asked for language for his proposed decisions.  He also offered to consider additional arguments related to new issues not previously briefed and new exhibits offered without notice by petitioners.

Blake Evans, Director of the Elections Division told Esco that he expected a determination by the end of next week.

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Photo Credit: Rahul Bali, WABE

Photo Caption: Hugh Esco, party Secretary files with Georgia Elections Division, a ballot access affidavit under state’s new 20 state rule, with supporting documentation. Also pictured are Nicolas Northen (Assistant Deputy Director) and Blake Evans (Director).

Photo Credit: Rahul Bali, WABE

Photo Caption: Binder of Supporting Documents required by Affidavit.