GA Supreme Court Confirms Voters Have Standing To Sue Election Officials Who Violate Law

October 27, 2022

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VoterGA is the organization that has been fighting for clean elections in Georgia for decades. They issued a press release this morning on the Supreme Court ruling.

ATLANTA, GA, OCTOBER 27, 2022 –  The Georgia Supreme Court confirmed Tuesday what most informed Georgians have known all along. The court found that Georgia citizens, including voters, have standing to sue government officials who violate Georgia law.

The court overturned parts of lower court rulings in cases entitled Sons of Confederate Veterans et al, vs. Henry County Board of Commissioners and Sons of Confederate Veterans et al, v. Newton County Board of Commissioners. In those cases, the organization was joined by individuals who sued the county boards for voting to remove statutes that are legally protected under O.C.G.A. 50-3-1. The lower courts falsely claimed that the petitioners had no standing to sue.

The ruling applies to individuals and organizations who have citizens, residents or taxpayers in a jurisdiction. It confirms arguments made by Petitioners in the Fulton County counterfeit ballot case known as Favorito et al, v. Wan et al. That case, originally entitled Favorito et al, v. Cooney et al was dismissed after 10 months of hearings for lack of standing. The dismissal came after the county hired criminal defense attorneys to prevent petitioners from inspecting ballots. That case has a pending writ of certiorari before the Supreme Court.

VoterGA co-founder Garland Favorito stated: “Georgia voters were unjustly denied their Equal Protection and Due Process rights to ensure only legal votes were counted in the 2020 election. We will do everything within our power to overturn the bogus ruling we received and preserve all 2020 election ballots.”

Key findings in the ruling include:

“…, only plaintiffs with a cognizable injury can bring a suit in Georgia courts. Unlike federal law, however, that injury need not always be individualized; sometimes it can be a generalized grievance shared by community members, especially other residents, taxpayers, voters, or citizens[Pg 2]

Georgia has long recognized that members of a community, whether as citizens, residents, taxpayers, or voters, may be injured when their local government fails to follow the law. Government at all levels has a legal duty to follow the law; a local government owes that legal duty to its citizens, residents, taxpayers, or voters (i.e., community stakeholders), and the violation of that legal duty constitutes an injury that our case law has recognized as conferring standing to those community stakeholders, even if the plaintiff suffered no individualized injury.”[Pg 3]

“Because the Georgia Constitution is the source of the judicial power of state courts, federal standing requirements do not control our analysis.”[Pg 15]

“And it is unsurprising that we have extended this logic to “voters,” because they, like citizens and taxpayers, are community stakeholders. Voters may be injured when elections are not administered according to the law or when elected officials fail to follow the voters’ referendum for increased taxes to fund a particular project, so voters may have standing to vindicate public rights” [Pg 50]

VoterGA is a non-partisan, 501(c)3 registered non-profit organization created by a coalition of citizens working to restore election integrity in Georgia. We advocate for independently verifiable, auditable, recount capable, transparent and tamper proof elections.

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7 comments on “GA Supreme Court Confirms Voters Have Standing To Sue Election Officials Who Violate Law”

  1. Wonderful, now if we could just extend that lawful concept to every act by any gov employee, we might clean-up America.

  2. Sadly, as much as I wish it were otherwise, many of the distinctions between Democrats and Republicans exist in name only (and have to a greater or lesser degree for many years.)

    Think of all the brazen, vocal never-Trump RINOs we've been watching for the last several years, including the two-faced probable criminal Brad Raffensperger and the feckless Chris Carr, both operating without any sign of correction or negation from Governor Kemp.

    The Democrat party may in many ways be worse but all too often "Republicans" act like Democrat-Light chumps.

  3. The RINOs are the problem for the Republican party, not Trump.
    Trump needs to return, and the RINOs are the ones who need to be sent packing.
    The RINOs are the problem. Trump is the solution.