An Explanation

There's been some strange news coming out of the state of Georgia lately. The latest is an allegation that Congresswoman Marjorie Taylor Greene (R) helped to plan the "January 6th Riot" that took place in the nation's capitol. As such, a group of election activists claims, she is ineligible to run for re-election to Congress (1).

Let's take a look on what the law says on this matter.

According to Clause 3 of the 14th Amendment to the Constitution of the United States,

"No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof” (2).

Georgia state law explains further:

"Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering" (3).  

So what happens next? Again, I refer to the state law of Georgia.

"The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike such candidate's name from the ballot if the ballots have been printed" (3).

The decision of the Secretary, whatever it happens to be, may be appealed to the courts of the State of Georgia (4).  

More to come on this story; stay tuned.  

Sources:

1. Associated Press. “Judge: Georgia Voters Can Challenge Greene’s Reelection Run.” WXIA, 19 Apr. 2022, www.11alive.com/article/news/politics/georgia-voters-can-challenge-greenes-reelection-run/85-e77ff038-2fd0-46ef-b589-13d7cec2ff42. Accessed 23 April 2022.

2. “U.S. Constitution - Amendment 14 - The U.S. Constitution Online - USConstitution.Net.” USConstitution.Net, www.usconstitution.net/xconst_Am14.html. Accessed 23 Apr. 2022.

3. Sections B-C of “2020 Georgia Code :: Title 21 - Elections :: Chapter 2 - Elections and Primaries Generally :: Article 1 - General Provisions :: § 21–2-5. Qualifications of Candidates for Federal and State Office; Determination of Qualifications.” Justia Law, 2020, law.justia.com/codes/georgia/2020/title-21/chapter-2/article-1/section-21-2-5.

4. Raymond, Jonathan. “Here’s What Happens next after the Marjorie Taylor Greene Hearing.” WXIA, 23 Apr. 2022, www.11alive.com/article/news/politics/marjorie-taylor-greene-hearing-what-happens-next/85-8b9c8961-a3db-409d-83a1-e8cf85659e20. Accessed 23 April 2022.