Georgia Supreme Court Rules Votes for 3rd-Party Presidential Candidates Invalid

Unanimous Ruling on Unqualified Candidates

On September 25, the Supreme Court of Georgia unanimously ruled that votes for third-party presidential candidates Cornel West, an independent, and Claudia De la Cruz, a socialist, will not count. The court's decision is based on the fact that these two candidates are not qualified to appear on the ballot.

Overruling of Previous Decision

The highest court in the state overturned an earlier decision by Georgia Secretary of State Brad Raffensperger, which had reduced the number of signatures needed in petitions for ballot access to 7,500. Georgia, a state won by then-presidential candidate Joe Biden by less than 12,000 votes in 2020, has been a target for Democrats seeking to prevent third-party and independent candidates from taking votes away from Vice President Kamala Harris in the upcoming November elections.

Disqualification of Candidates

Democrats contended that West and De la Cruz did not qualify in this crucial state because their 16 presidential electors did not each submit a separate petition with the required 7,500 signatures for ballot access. Instead, only one petition per candidate was submitted, as directed by Georgia’s secretary of state. In August, a state administrative law judge ruled that West and De la Cruz were disqualified from Georgia’s ballot due to their electors' failure to meet the qualification requirements under Georgia’s Election Code.

Reversal of Rulings

This ruling was subsequently overturned by the secretary of state, who stated that both West and De la Cruz’s electors had qualified under Georgia law for the office of presidential elector. However, in September, two different superior court judges reviewing the challenges reversed Raffensperger’s decision after finding that their electors hadn’t filed the appropriate paperwork. The Supreme Court of Georgia concurred with the later decisions, stating in its ruling that the superior courts “correctly concluded that neither West’s nor De la Cruz’s electors satisfied the statutory requirements for their respective independent candidates to appear on Georgia’s ballot for the office of President of the United States.”

Implications of the Ruling

As a result of this ruling, Georgia voters will have a choice of four presidential candidates: Harris, Republican nominee former President Donald Trump, Libertarian Chase Oliver, and the Green Party’s Jill Stein. Democrats, Republicans, and Libertarians automatically qualify for elections in Georgia. West, a political activist and academic, announced in October 2023 that he would leave the Green Party to continue his 2024 presidential campaign as an independent. His running mate is Melina Abdullah, an activist and co-founder of the Black Lives Matter chapter in Los Angeles. De la Cruz is the nominee for the Party of Socialism and Liberation but technically qualified for the Georgia ballot as an independent alongside her running mate, Karina Garcia.

Response to the Ruling

De la Cruz criticized the ruling, stating, “Democratic Party lawyers and the Republican-majority Supreme Court worked together to suppress democracy. This unjust ruling is a reminder of why it is so urgent to build an alternative outside the two-party system.” A spokesman for West’s campaign urged voters to still choose him despite the court’s ruling. “His name is still appearing on the ballot,” Edwin DeJesus said. “We encourage all voters supporting our campaign to cast their vote for Cornel West in Georgia.”

Bottom Line

The recent ruling by the Georgia Supreme Court has significant implications for the upcoming elections and the role of third-party candidates. It raises questions about the democratic process and the barriers faced by independent candidates. What are your thoughts on this issue? Do you believe it is fair to disqualify these candidates based on the technicalities of the election code? Share your thoughts and this article with your friends. Don't forget to sign up for the Daily Briefing, which is available every day at 6pm.