Judge Malihi Denied Obama's Motion to Dismiss in Georgia Ballot Access Challenge: Granted Powell's and Swensson's Motion for Separate Hearings
Farrar-Welden-Swensson-Powell v Obama, Motion to Dismiss by Obama is Denied, Georgia Ballot Access Challenge
Excerpts from Judge Michael Malihi in the Order for Obama's Motion to Dismiss:
"Statutory provisions must be read as they are written, and this Court finds that the cases cited by Defendant are not controlling."
"Code Section 21-2-5(a) states that "every candidate for federal and state office" must meet the qualifications for holding that particular office, and this Court has seen no case law limiting this provision, nor found any language that contains an exception for the office of president or stating that the provision does not apply to the presidential preference primary."
"Accordingly, this Court finds that Defendant is a candidate for federal office who has been certified by the state executive committee of a political party, and therefore must, under Code Section 21-2-5, meet the constitutional and statutory qualifications for holding the office being sought."
Other Orders from Judge Michael Malihi are as follows;
Farrar-Welden-Swensson-Powell v Obama, Motion to Take Depositions Denied, Georgia Ballot Access Challenge
Farrar-Welden-Swensson-Powell v Obama, Motion to Sever Granted, Georgia Ballot Access Challenge
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