Curling V Raffensperger
Judge Amy Totenberg published her opinion on the issue regarding the legality of Georgia’s electronic voting system on October 11, 2020. On pages 81 and 82 of her opinion, she wrote that the Dominion voting system DID NOT comply with Georgia law. Although Judge Totenberg did not issue injunctive citing that it was too near an election, nonetheless, every election held using the Dominion election system has been unlawful and void, and should have been remedied by holding another election using voting methods that are lawful under the Official Code of Georgia.
Here are examples of cases in Georgia that were lawfully remedied in the past:
Kemp v. Mitchell County Democratic Executive Committee, 216 Ga. 276, 282-283 (1960) “It has long been the rule in this State that where there is no authority to hold the election, or where statutory requirements pertaining to the holding of an election are not complied with, the election is void, and injunction is a proper remedy. Mayor &c. of Macon v. Hughes, 110 Ga. 795 (36 S. E. 247); Mayor &c. of Americus v. Perry, 114 Ga. 871 (40 S. E. 1004); Town of Roswell v. Ezzard, 128 Ga. 43 (57 S. E. 114); Town of Maysville v. Smith, 132 Ga. 316 (64 S. E. 131); County of DeKalb v. City of Atlanta, 132 Ga. 727(6) (65 S. E. 72); Tolbert v. Long, 134 Ga. 292 (67 S. E. 826, 137 Am. St. Rep. 222); Cheney v. Ragan, 151 Ga. 735 (108 S. E. 30); Marbut v. Hollingshead, 172 Ga. 531 (158 S. E. 28); Moon v. Seymour, 182 Ga. 702 (186 S. E. 744); Barrentine v. Griner, 205 Ga. 830 (55 S.E.2d 536); Williams v. Cox, 214 Ga. 354 (104 S.E.2d 899).”
Williams v. Cox, 214 Ga. 354, 355 (1958), “While failure to observe some of the requirements by the provisions of that chapter might be mere irregularities not rendering the election void (Gray v. Clements, 214 Ga. 136, 103 S. E. 2d 553), as held in Moon v. Seymour, 182 Ga. 703 (186 S. E. 744), when the election is conducted with an absolute and complete disregard for the law contained in Chapter 34-19, the election is void. See also Adair v. McElreath, 167 Ga. 294 (145 S. E. 841); Price v. Hodges, 172 Ga. 871 (159 S. E. 241); State of Georgia v. Carswell, 78 Ga. App. 84 (50 S. E. 2d 621).
The present petition alleges that this election was held in utter disregard for the law and it thereby alleged grounds for decreeing the election void, and the court erred in dismissing the amended petition.”