Georgia Court Rules That Taylor Greene Can Run For Re-Election To Congress

By T.A. DeFeo | The Center Square contributor, The Center Square Georgia

May 9, 2022

(The Center Square) — U.S. Rep. Marjorie Taylor Greene can run for re-election to Congress following a challenge that she should be disqualified because of her purported connection to the Jan. 6 U.S. Capitol riot.

A group challenged Taylor Greene's eligibility to run in Georgia's 14th Congressional District, saying she violated Section Three of the Constitution's Fourteenth Amendment. They argued Taylor Greene's statements supported a planned U.S. Capitol incursion — generally described by Democrats as an insurrection by former President Donald Trump's supporters — and should trigger the Disqualification Clause.

On Friday, Judge Charles R. Beaudrot of the Office of State Administrative Hearings ruled that Taylor Greene, a Republican, is qualified to run.

"The difficulty with Challengers' theory is the lack of evidence," Beaudrot ruled. "Whatever the exact parameters of the meaning of 'engage' as used in the 14th Amendment, and assuming for these purposes that the Invasion was an insurrection, Challengers have produced insufficient evidence to show that Rep. Greene 'engaged' in that insurrection after she took the oath of office on January 3, 2021.

"...This case, like all cases in all legal proceedings, must be decided based upon the evidence adduced at the hearing," Beaudrot added. "It is true that absence of evidence is not evidence of absence. But the absence of evidence supporting Challengers' case means that they have failed to meet their burden of proof and establish that Rep. Greene engaged in insurrection at some time after taking her oath on January 3, 2021."

Following Beaudrot's ruling, Secretary of State Raffensperger affirmed the decision, saying that Taylor Greene is qualified to be a candidate.

"Typical candidate challenges ... raise questions as to a candidate's residency or whether they have paid all of their taxes," Raffensperger wrote. "This challenge is different. In this case, Challengers assert that Representative Greene's political statements and actions disqualify her from office. That is rightfully a question for the voters of Georgia's 14th Congressional District."

Free Speech for People, a left-leaning advocacy group representing Georgia voters, said it plans to appeal the decision.

"This decision betrays the fundamental purpose of the Fourteenth Amendment's Insurrectionist Disqualification Clause and gives a pass to political violence as a tool for disrupting and overturning free and fair elections," the group said in a statement.

The focus of the work of The Center Square Georgia is state and local-level government and economic reporting that approaches stories with a taxpayer sensibility.