GAINESVILLE, Ga. -- A Gainesville woman is fighting back after the Georgia Secretary of State's Office disqualified her as a candidate in the upcoming State Representative District 29 race.
The decision came Friday, just days before the May 22nd Primary Election.
Maria Palacios was listed as the only qualifying Democrat on the ballot against Republican and Incumbent Matt Dubnik.
But now, notices will be placed at each affected polling place to let voters know that she is no longer in the race. The reason for the disqualification -- a disagreement about her citizenship.
The American Civil Liberties Union of Georgia filed a lawsuit Sunday opposing the Secretary of State's decision.
The controversy started after Ryan Sawyer filed a written challenge in March saying Palacios did not become a U.S. citizen until 2017. He said the law requires that candidates for the State House of Representatives two be citizens of this state for at least two years.
Below is the text of the Georgia Constitution:
At the time of their election, the members of the House of Representatives shall be citizens of the United States, shall be at least 21 years of age, shall have been citizens of this state for at least two years, and shall have been legal residents of the territory embraced within the district from which elected for at least one year.
In the final decision, Secretary of State Brian Kemp said Palacios does not meet the requirement of the state Constitution and is disqualified.
However, the ACLU claims the Latina American has been a resident in Georgia since 2009 and gained her U.S. citizenship last year. The ACLU argues that Palacios satisfies the definition of “citizen of the state” because she has resided in Georgia for nine years.
"Ms. Palacios, a Democrat, is running for state representative in House District 29, a district that is 60% people of color with a 43% Hispanic population," the ACLU said. "Because Ms. Palacios is the only candidate in the Democratic primary and no write-in candidates are allowed in primaries, forcing her off of the ballot would ensure no Democratic opposition in the November general election."
“The Georgia Constitution allows longtime Georgia residents who become United States citizens to honorably serve their communities as elected leaders, regardless of their party affiliation or national origin,” stated Sean J. Young, Legal Director of the ACLU of Georgia. “The Secretary of State should uphold the Georgia Constitution’s inclusive vision of democracy, instead of undermining it with deeply flawed legal reasoning.”
The ACLU wants the court to reverse the Secretary of State’s decision, and place Palacios on the November General Election ballot. They group also asked the court to place her name back on the ballot for the May 22nd Democratic Primary, if necessary.
The polls open at 7 a.m. Tuesday.
