A challenge filed last month with the Georgia secretary of state’s office alleges the congresswoman helped facilitate the Jan. 6, 2021, riot on Capitol Hill.
. That violates a provision of the 14th Amendment and makes her ineligible to run for reelection, the challenge says.Greene’s lawsuit asks a judge to declare that the law that the voters are using to challenge her eligibility is itself unconstitutional and to prohibit state officials from enforcing it.
Georgia law says any voter who is eligible to vote for a candidate may challenge that candidate’s qualifications by filing a written complaint within two weeks after the deadline for qualifying. The secretary of state must then notify the candidate of the challenge and request a hearing before an administrative law judge. After holding a hearing, the administrative law judge presents findings to the secretary of state, who then must determine whether the candidate is qualified.
The law only requires the people challenging a candidate’s eligibility to file a written statement of why they believe the candidate isn’t qualified, and that automatically triggers the secretary of state’s request for a hearing before an administrative law judge, the lawsuit says. The fact that a government investigation can be triggered based only on the challenger’s belief violates Greene’s First Amendment right to run for political office, the lawsuit says.
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