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Court
of Appeals Reinstates Fulton Counterfeit Ballot Case After GA Supreme Court
Confirms Petitioners Have StandingNEWS PROVIDED BY
VoterGA
Jan. 12, 2023
ATLANTA, Jan. 12, 2023 /Christian
Newswire/ -- On Monday, the Georgia Court of Appeals
reinstated VoterGA's Fulton County counterfeit ballot case without further
briefs setting up a reversal of its previous lack of standing ruling against the
Petitioners. The reversal comes as no surprise to the Petitioners who, for over
a year, maintained they have standing, even after the Georgia Court of Appeals
upheld the lower court finding on July 1, 2022.
On December 20, 2022, the Georgia Supreme Court overturned both lower court
rulings. Their
decision was made unanimously without a hearing. It corroborated over a
dozen state and U.S. Supreme Court precedents in Petitioners' briefs and
appeal that the lower courts ignored. The decision was reached after VoterGA
attorney Todd Harding filed a
motion to expedite the VoterGA
writ of certiorari and the Defendants
responded. Co-attorney Paul Kunst then
explained how Defendant Attorneys mislead the Supreme Court in claiming the
court's
recent decision on other standing claims had nothing to do with VoterGA
Petitioners standing claims.
The Petitioners were aware they would receive a favorable Supreme Court ruling
since October 25, 2022, when the Georgia Supreme Court
confirmed Georgia citizens, residents and taxpayers have standing to sue
government officials who violate Georgia law. At that time, the court took an
extra step and confirmed its ruling extended to voters because they are
community stakeholders too. Their October ruling applies to cases where
individuals sued over the illegal removal of Confederate monuments and were told
by a Superior Court they had no standing.
The original VoterGA Equal Protection and Due Process election
claim was filed on December 23, 2020, by Attorney Harding on behalf of nine
VoterGA Petitioners who allege counterfeit ballots are included in the Fulton
County 2020 absentee election results. Their claim is based on
sworn affidavits from senior poll managers who handled absentee ballots
during the hand count audit on November 14, 2020. Petitioners also allege the
infamous State Farm Arena absentee ballot processing video shows several
violations of Georgia election law.
After the Petitioners separated into the Favorito et al v. Wan et al
and Jeffords et al v. Fulton County case, they achieved ten months of
lower court victories including an order to unseal ballots, before the cases
were suddenly dismissed. A Superior Court
claimed they did not have standing or a "particularized injury" immediately
after Fulton County hired criminal defense attorneys at taxpayer expense to
prevent Petitioners from reviewing the ballots.
VoterGA co-founder summed up the two-year struggle to identify the number of
counterfeit ballots: "The mis-application of state and federal law, as well as
case precedents, caused a two-year delay that prevented us from ensuring Georgia
has honest, transparent elections. This double standard of justice impacted
millions of Georgians and is one of the greatest voting rights violations in the
state's history."
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.
SOURCE VoterGA
CONTACT: Sheryl Sellaway, 404-273-5133,
sheryl@righteouspragency.com