Judge disqualifies four independent and minor party presidential candidates in Georgia

By 
 August 27, 2024

President Joe Biden narrowly won Georgia's 16 Electoral College votes in 2020, and many experts believe that Vice President Kamala Harris must hang on to them if she is to win this fall.

It is unclear whether a recent legal decision has made that task easier or more difficult for the vice president to pull off. 

Judge disqualifies four minor candidates

According to ABC News, an administrative law judge ruled on Monday that four independent and minor party candidates may not remain on the state's ballot.

Specifically, Chief State Administrative Law Judge Michael Malihi said he would deprive voters of the chance to support independent candidates Robert F. Kennedy Jr. and Dr. Cornel West.

Malihi also barred the Green Party's Jill Stein along with the Party for Socialism and Liberation nominee  Claudia De la Cruz as well.

The judge agreed with the state Democratic Party's contention that petitions for independent candidates must be filed in the name of the 16 presidential electors rather than the candidates themselves.

Secretary of state will have final say on whether candidates remain on ballot

"In Georgia, independent candidates do not themselves qualify for the office of president and vice president of the United States of America for the ballot," Malihi wrote.

"Rather, individuals seeking the office of presidential elector qualify for the ballot to have their candidate for president or vice president placed on the ballot," he went on to add.

Meanwhile, lawyers for the candidates maintained that Malihi was not interpreting the law correctly, as Georgia Secretary of State Brad Raffensperger had accepted their petitions.

ABC News pointed out that Raffensperger will have the final say over whether or not Malihi's decision will be allowed to stand.

Polls suggest that upholding Malihi's decision will help Harris

If Raffensperger choses to uphold the judge's decision, then it will have no effect on Kennedy's candidacy as he has already withdrawn his name in swing states and called on supporters to back former President Donald Trump.

Meanwhile, some polling data suggests that removal of the other candidates will likely give Harris a boost in November.

In an article published on Monday, Washington Post contributor Aaron Blake cited surveys from ABC News, Fox News, The New York Times, and Marquette University Law School.

They indicate that Stein and West could take anywhere from 1% to 6% of the Democratic vote whereas Oliver seems to draw votes away from Trump and Harris equality.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson