As expected, the American Civil Liberties Union (ACLU) has appealed a decision by a Fulton County Superior Court judge that keeps a Gainesville candidate's name off of the November general election ballot.
ACLU attorneys filed the appeal with the Supreme Court of Georgia Friday.
The ACLU said the Secretary of State's Office was in error to remove Maria Palacios' name from the May 22 primary ballot. Attorneys said in a press statement that the Fulton County Superior Court ruling on Wednesday "imposed an extra-constitutional two-year waiting period for General Assembly candidates to be U.S. citizens prior to an election rather than '[a]t the time of their election' as stated in the Georgia Constitution."
Palacios, a Democratic candidate for Georgia State House District 29, became a United States citizen in 2017, but she has been a resident of Georgia since 2009, and the ACLU said that satisfies the United States citizenship requirement set forth in the Georgia State Constitution.
“Georgia voters are entitled to have the opportunity to vote for any constitutionally-qualified candidate,” said Sean J. Young, Legal Director of the ACLU of Georgia. “The Secretary of State is obligated to uphold the Georgia Constitution instead of adding provisions to it.”
The ACLU of Georgia asked the Georgia Supreme Court to resolve the issues by Labor Day or no later than Election Day in November. Attorneys have asked that if the high court is unable to accommodate the ACLU request, they want the justices to put a hold on the November election for House District 29.
Republican Matt Dubnik currently is the representative for House District 29.
