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

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-11738 · judgment January 8, 2024


Certiorari denied · March 18, 2024
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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 Brai 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 particularised 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 s n election in which he is not eligible to participate under 52 U.S.C. §10307(c)?

Counsel of record

For petitioner
Brian D. Swanson

For respondent
Stephen John Petrany
Georgia Department of Law

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 18 2024
    Petition DENIED.
  2. Feb 21 2024
    DISTRIBUTED for Conference of 3/15/2024.
  3. Feb 19 2024
    Waiver of right of respondent Brad Raffensperger to respond filed.
  4. Jan 31 2024
    Petition for a writ of certiorari filed. (Response due March 6, 2024)