No. 23-838

Brian D. Swanson v. Brad Raffensperger, Georgia Secretary of State

Lower Court: Eleventh Circuit
Docketed: 2024-02-05
Status: Denied
Type: Paid
Response Waived
Tags: 17th-amendment ballot-legality civil-rights constitutional-interpretation due-process election-law elections equal-suffrage seventeenth-amendment standing statutory-violation
Key Terms:
Securities Privacy JusticiabilityDoctri
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Does petitioner suffer a concrete and particularized injury, for the purpose of establishing standing, when the Secretary of State issues an illegal ballot authorizing him to cast an illegal vote, subjecting petitioner to a fine and imprisonment for voting in an election in which he is not eligible to participate under 52 U.S.C. §10307(c)?

Question Presented (OCR Extract)

QUESTION PRESENTED The Seventeenth Amendment deprives the States of their equal suffrage in the Senate, requiring their consent under Article V of the Constitution, because if the people elect the Senators, then the State is . deprived of all of its suffrage in the Senate. Since the State of Georgia did not ratify the Seventeenth Amendment, and did not consent to be deprived of its equal suffrage in the Senate, popular elections for Senator are unconstitutional in the State of Georgia. When Brad Raffensperger, the Secretary of State, conducts a popular election for United States Senator, in violation of Art 1 Sec 3 of the Constitution, and issues to petitioner an illegal ballot, he invites petitioner to cast an illegal vote in violation of 52 U.S.C §10307(c) subjecting petitioner to a $10,000 find and five years' imprisonment. Petitioner's suit to prevent the Secretary from issuing illegal ballots subjecting petitioner to a fine and imprisonment was dismissed for lack of standing. The question presented is: Does petitioner suffer a concrete and particularized injury, for the purpose of establishing standing, when the Secretary of State issues an illegal ballot authorizing him to cast an illegal vote, subjecting petitioner to a fine and imprisonment for voting in an election in which he is not eligible to participate under 52 U.S.C. §10307(¢)?

Docket Entries

2024-03-18
Petition DENIED.
2024-02-21
DISTRIBUTED for Conference of 3/15/2024.
2024-02-19
Waiver of right of respondent Brad Raffensperger to respond filed.
2024-01-31

Attorneys

Brad Raffensperger
Stephen John PetranyGeorgia Department of Law, Respondent
Stephen John PetranyGeorgia Department of Law, Respondent
Brian D. Swanson
Brian D. Swanson — Petitioner
Brian D. Swanson — Petitioner