Voters in Georgia filed a last-minute lawsuit in federal court Tuesday seeking to block Brian Kemp, Georgia’s secretary of state and the Republican gubernatorial candidate, from presiding over the results of the 2018 election, including his own.
The lawsuit from the group of five voters was filed at 5 p.m., just two hours before the polls in Georgia closed. Kemp is currently in a tight race for the governorship against Democrat Stacey Abrams who, if elected, would become the nation’s first black, woman governor.
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The voters argue in their complaint that Kemp’s role as a candidate for governor and the secretary of state, which is tasked with administering Georgia’s elections, “violates a basic notion of fairness — that a man should not be a judge in his own matter.”
They are asking the court to issue a temporary restraining order that would block Kemp from taking part in the counting of votes, certification of election results, or any runoff or recount procedures, which are part of his duties as Georgia’s top election official. The voters also want Georgia Gov. Nathan Deal, a Republican, to appoint a replacement for Kemp.
The lawsuit claims that Kemp, in the days leading up to Tuesday’s election, has used the powers of his office to “interfere in the election to benefit himself and his political party and disadvantage his opponents.”
Specifically, they cite an announcement from Kemp’s office Sunday that it had launched an investigation into the Democratic Party of Georgia in connection with a failed attempt to hack the state’s online voter registration system.
The secretary of state’s office, however, did not present evidence that Georgia Democrats were involved in any cybercrimes. The voters called the statements from Kemp’s office “false and reckless.”
“This use of defendant’s official website to post what amounts to a false but powerful advertisement against his opponent’s political party in a prominent location that many voters would be checking before voting evinces his strong bias against his political opponents and in favor of defendant’s own party,” the lawsuit said.
Candice Broce, a spokesperson for the Georgia secretary of state’s office, said Kemp has been notified of the lawsuit.
“This 12th-hour stunt will not distract us from fulfilling our responsibilities and working with county officials to ensure a secure, accessible, and fair election for all eligible Georgians,” she said in a statement.
During the course of the campaign, Kemp has faced accusations he used his official position to suppress minority voters. He has resisted calls to resign as secretary of state.
The Georgia voters are being represented by Protect Democracy, a nonpartisan nonprofit, and two Georgia lawyers.
