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Attorney Wood files SCOTUS case, says Georgia election officials 'usurped' legislature's authority

Pro-Trump attorney Lin Wood names Georgia Secretary of State Brad Raffenperger in suit

Updated: December 31, 2020 - 4:43pm

Pro-Trump attorney Lin Wood has filed an emergency petition to the Supreme Court arguing Georgia Secretary of State Brad Raffenperger “usurped” the state legislature’s authority on verifying the identity of in-person and mail-in absentee ballot voters in the November elections. 

Wood argues in the 35-page filing that Raffenperger usurped the legislature’s power by entering into a settlement agreement with the Democratic Party earlier this year and issuing an "Official Election Bulletin" that modified the legislature's "clear procedures for verifying the identity of mail-in voters."

"The effect of the secretary of state's unauthorized procedure is to treat the class of voters who vote by mail different from the class of voters who vote in-person," Lin argues. "That procedure dilutes the votes of in-person voters by votes from persons whose identities are less likely to be verified as required by the legislative scheme." 

Lin names himself as the petitioner in the suit and accuses three state election officials, in addition to Raffenperger, of infringing upon a Georgia resident's voting rights.

"The secretary's unconstitutional modifications to the legislative scheme violated petitioner's Equal Protection rights by infringing on his fundamental right to vote," he argues

The U.S. Court of Appeals for the Eleventh Circuit has already held that Lin does not have standing to challenge the state’s actions that he argued diluted his vote and infringes upon his constitutional right to Equal Protection. 

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