Associated PressAssociated Press
FILE - Rep. Marjorie Taylor Greene speaks during a rally, Saturday, March 5, 2022, in Rome, Ga. A group of Georgia voters is challenging Greene’s eligibility to run for reelection, saying she helped facilitate the riot that disrupted Congress from certifying Joe Biden’s presidential election victory. The challenge filed Thursday, March 24, with the Georgia secretary of state’s office says it’s being brought by a group of registered voters in Greene’s congressional district. (AP Photo/Mike Stewart, File) (ASSOCIATED PRESS)

A group of voters are trying to challenge her eligibility to run for reelection.

The challenge was filed last month with the Georgia secretary of state, which alleges that the Republican helped facilitate the Jan. 6, 2021, riot that disrupted Congress from certifying Joe Biden's presidential election victory. The challenge says that she is ineligible to run for reelection because of that.

The law that voters are using to challenge her eligibility is unconstitutional and should be stopped by a judge, according to the lawsuit.

The 14th Amendment states that no one can serve in Congress if they have previously taken an oath to support the Constitution.

Georgia law states that any voter who is eligible to vote can challenge a candidate's qualifications by filing a written complaint within two weeks after the deadline. The candidate of the challenge must be notified by the secretary of state and request a hearing. The secretary of state must determine if the candidate is qualified after the administrative law judge presents his findings.

The challenge was filed by Free Speech for People on behalf of a group of voters. There will be a hearing on April 13

The lawsuit says that she aided and engaged in insurrection to obstruct the peaceful transfer of presidential power.

The law only requires the people challenging a candidate's eligibility to file a written statement of why they believe the candidate isn't qualified, and that automatically causes the secretary of state to request a hearing before an administrative law judge. The lawsuit says that the fact that a government investigation can only be triggered if the challenger believes in something is against the First Amendment.

The due process clause of the 14th Amendment was violated by the burden shifting that was required by the challenge statute.

The lawsuit claims that the challenge statute is unconstitutional and that Congress has the ability to judge whether a member is qualified.

The disqualifications that were put in place by the part of the 14th Amendment were removed by a law passed in 1872.

A federal judge in North Carolina blocked the challenge against Madison Cawthorn, who was supported by Free Speech for People. The State Board of Elections has until April 11 to make a decision.

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