Judge: Georgia voters have the right to challenge Greene's reelection campaign

FILE - Rep. Marjorie Taylor Greene (Republican from Georgia) talks during President Joe Biden's first State of the Union address at a joint session of Congress. This was held at the Capitol in Washington, March 1, 2022. A federal judge ruled Monday, April 18 that a gro was not allowed.

ATLANTA -- Monday's federal judge ruled that Georgia voters can continue with legal efforts to disqualify U.S Rep Marjorie Taylor Greene (representing her role in the attack on the U.S Capitol).

Last month, the Georgia secretary-of-state's office filed a challenge alleging that Greene, who is a Republican, was involved in the Jan. 6, 2021 riot that prevented Congress from certifying Joe Biden’s victory in the presidential election. According to the challenge, this violates a seldom cited provision in the 14th Amendment and renders Greene ineligible for reelection.

This amendment states that no one may serve in Congress "who has previously taken an oath as a member" . . "to support the Constitution of America, shall have engaged or threatened to engage in rebellion against the same." This was ratified shortly after the Civil War. It was intended in part to prevent Confederacy representatives from returning to Congress.

Greene, 47, filed an earlier lawsuit asking for a judge's declaration that the law used by the voters to challenge her eligibility was unconstitutional. The judge also asked to stop state officials from enforcing the law.

In a 73-page decision, Judge Amy Totenberg denied Greene's request to a temporary restraining and preliminary injunction.

Totenberg was appointed by President Barack Obama to the U.S. District Court of the Northern District of Georgia and stated that Greene failed to fulfill the "burden of convincing" in her request to injunctive relief.

Georgia law allows any voter eligible to vote for a candidate to challenge the candidate's qualifications. This can be done by filing a written complaint within 2 weeks of the deadline. The secretary of state must notify the candidate about the challenge and request an administrative judge to hear it. The hearing is held by an administrative law judge who presents his findings to the secretary. He must then determine whether the candidate qualifies.

Free Speech for People, an organization that advocates for national election and campaign finance reform, filed the challenge March 24, on behalf of the group.

Greene stated in her lawsuit that "vigorously denied" that she had "aided and participated in an insurrection to obstruct peaceful transfer of presidential powers."