The American Civil Liberties Union of Georgia filed suit against Secretary of State Brian Kemp for removing Democrat Maria Palacios from the ballot in state House District 29 after Kemp’s office determined she wasn’t eligible. The case ended up before Fulton County Superior Court Judge Craig Schwall — and it wasn’t a good ending for Palacios and her attorneys.
Georgia’s constitution clearly requires candidates to be a “citizen of the state” for two years prior to being elected to office. The ACLU argued that Palacios satisfies the definition of “citizen of the state” because she has resided in Georgia since 2009. But the Secretary of State’s office found Palacios doesn’t satisfy the constitutional qualification since she became a U.S. citizen just last year. Schwall upheld Kemp’s decision.
“For centuries, courts around the country have recognized that ‘citizen of a state’ means someone who is either a resident or a domiciliary of that state. The Georgia Constitution requires that candidates for the State House of Representatives be citizens of the state for at least two years at the time of the election,” stated the ACLU of Georgia in its court filing. “Maria Palacios has undisputedly been both a resident and domiciliary of the State of Georgia since 2009, [therefore] she satisfies that legal requirement.”
The judge then schooled the ACLU on the law by flatly declaring: “I just don’t see any way your claim can stand.” Schwall then cited the importance of reading the state constitution and understanding its context:
“This constitution was ratified following the Civil War at a time where allegiance to the Union was of paramount importance, so that historical background cannot be ignored. So it appears to me (that) to be a citizen of Georgia, you have to be a United States citizen.”
The ACLU attorneys plan to appeal to the state Supreme Court.
