Due to a change in the Georgia state constitution, government officials lose sovereign immunity on January 1, 2021, and one voter integrity activist has already claimed a state at being the first person to file a lawsuit under the new guidelines.
Due to a change in the Georgia state constitution, government officials lose sovereign immunity on January 1.
— Matt Braynard (@MattBraynard) December 23, 2020
I am organizing to sue personally in civil court any election official who does not correctly execute their duties in the run-off election.
Georgia Amendment 2, to Allow Residents to Seek Declaratory Relief from Certain Laws Amendment, was on the ballot in Georgia as a legislatively referred constitutional amendment on November 3, 2020. It was approved.
According to Ballotpedia:
“This measure waives the state’s sovereign immunity, thereby allowing residents to seek declaratory relief through the superior courts from state or local laws that are found to violate the U.S. Constitution, state Constitution, or state law. Under the amendment, a court cannot award damages, attorney’s fees, or other costs of litigation unless authorized by the state legislature. After granting declaratory judgment, a court would be able to enjoin (block) the law or act in question. The state’s waiver of sovereign immunity applies to acts occurring on or after January 1, 2021.”
read more here: https://djhjmedia.com/kari/ga-office-holders-lose-sovereign-immunity-jan-1-2021-can-be-sued-by-citizens/?
Replies
Without the ability to obtain monetary relife the law is pretty much moot... who can afford to sue if they have no way to recover the costs of court... and without any penalty provisions for the state official what incentive is there to worry about being sued? The law appears to be without any teeth... none... other than to correct unconstitutional issues... it appears that it will not even be able to correct an illegitimate outcome in an election.
Seems so, but how about class action?
So what do you think of my post?
Class action suits are also barred from receiving court ordered compensation...
So I am good with jail terms as well.
Informative but misleading as most individuals will not pick-up on the fact that there are no teeth in the bill... they will just see the sound bite: Georgia Officeholders lose 'sovereign immunity'... not understanding that the law has no penalty for those sued. There is no financial or personal liability assigned to those being sued.
You are effectively telling me that with a Georgia elected or appointed office holder regarding individual liabilty , no civil court recourse has a compensatory yield.
Remarkable.
No, the article you provided tells us that: "Under the amendment, a court cannot award damages, attorney’s fees, or other costs of litigation unless authorized by the state legislature." In other words, the Courts can not award monetary damages or attorney fees without first getting the State Legislature to approve them... and that will take years if ever ... as filibusters and other issues can keep such a request buried for years.
So, yes, the Courts may not award monetary damages... read your own article.
Colonel, I am not Matt Braynard or Admin Melony B. DeFord. But I was prompted to read the linked article in full. It seems the state of Georgia or a local Georgia government can be sued, but yes, court awards must be approved by the legislature. It is a start for accountibility though.
"Due to a change in the Georgia state constitution, government officials lose sovereign immunity on January 1." -Matt Braynard
S U U U U E - W E !
Come on pig, pig, pig, pig!