Georgia voters filed a lawsuit Tuesday in the US District Court for the Northern District of Georgia [official website], seeking to halt Georgia’s Republican candidate for governor and current Secretary of State, Brian Kemp, from overseeing the election in which he is a candidate.
The lawsuit alleges that allowing Kemp to oversee the election and effect the outcome violates the Constitution’s Due Process clause, right to vote, freedom of association, and Equal Protection clause:
As a result of Defendant Kemp’s conflict of interest and actual bias, it would be improper, unfair, and contrary to the due process of law for Defendant Kemp to have the power to certify the winners of the 2018 elections, to administer a run-off of the 2018 election, to adjudicate any challenges to the administration of the 2018 election, or otherwise to oversee the reporting of the 2018 election results.
Advocacy group Protect Democracy filed the lawsuit on behalf of five voters. The plaintiffs claim that leading up to the election, Kemp has made statements that threaten the freedom of the election process. They also claim that his failure to recuse himself from the election threatens the election fairness:
[Kemp] has not only failed to follow the model of his predecessors who have recused themselves; instead he has sought to exercise the official powers and duties of his office in a biased manner to achieve maximum personal and partisan advantage, while neglecting his core responsibility to ensure a secure election.
The lawsuit seeks declaratory relief and a temporary restraining order to prevent Kemp from engaging in his official duties related to vote counting and re-counting, result certification, and any run-off procedures.