HE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA, BRYAN TERRY, SR, 7 Plainti * * CIVIL ACTION FILE NO. ve * 200§CV 158774 -- S KAREN HANDEL, Secretary of State, * Defendant. The above styled action having come before the Court on Plainitif’s "Memorandum in Support for an Injunctive Relief Order” and it being shown to the Court, upon oral argument on that motion, that the complaint and motion fail to state a claim upon which relief can be granted, it is hereby ordered dismissed with prejudice pursuant to O.C.G.A, § 9-11-12(b\6), Plainiti?’s “Memorandum in Support for an Injunetive Relief Order” contains within its body a “complaint” sceking to have the Secretary of State obtain documents to check that Barak Obama, the candidate of the Democratic Party for President, is a citizen of the United States. Although acknowledging that Mr. Obama has a “certification of Live Birth” and that Mr. Obama's mother was a United States citizen, Plaintiff claims that Mr. Obama is not qualified to run for President and that this is a fact the Secretary of State is required to investigate. (Complaint 99 5.4, 5.8.) In Georgia, as elsewhere in the United States, voters vote on “presidential electors” rather than voting directly for a candidate when voting for the office of President of the United States. See, ¢.g., O.C.G.A. § 21-2-172. This is consistent with the plan of our United StatesConstitution which expressly calls for election of the President by electors in the United States House of Representatives. U.S. Const. art. I, § 1, el. 3. The Secretary of State of Georgia is not given any authority that is discretionary nor any that is mandatory to refuse to allow someone to be listed as a candidate for President by a political party because she believes tha the candidate might not be qualified. See O.C.G.A.S§ 21-2-172 to 21-2-200. Georgia law, rather, imposes duties simply for examination of presidential electors. O.C.G.A. § 21-2-172, The political parties’ candidates for President are determined by (typically and as was apparently the ease for Mr. Obama) by convention of the political party, O.C.G.A. § 21-2-191 to 21 -200, ‘As such there is no basis for this court to issue an injunction or a mandamus or other relief against the Secretary of State. Plaintiffs’ claims are, therefore, HEREBY,DISMIy WI UDICE. This gf day of — 2008. / Judge, Supfrior Court of Fulton County Proposedsgre prepared by: < greet ore hs Grr ¢ / NRITTER 606950 Senior Assistant Attomney General State Law Department 40 Capitol Sg, SW Atlanta, GA. 30334-1300 Telephone: (404) 656-4666 Facsimile: (404) 657-9932