COMPLAINT-CJ-PEARSON-V.-KEMP-11.25.2020

the method which the state has prescribed for legislative enactments.” Id. at
367; see also Ariz. State Legislature v. Ariz. Indep. Redistricting Comm’n, 576
U.S. 787, 135 S. Ct. 2652, 2668 (U.S. 2015).
44.
While the Elections Clause "was not adopted to diminish a State's
authority to determine its own lawmaking processes," Ariz. State Legislature,
135 S. Ct. at 2677, it does hold states accountable to their chosen processes
when it comes to regulating federal elections, id. at 2668. "A significant
departure from the legislative scheme for appointing Presidential electors
presents a federal constitutional question." Bush, 531 U.S. at 113 (Rehnquist,
C.J., concurring); Smiley, 285 U.S. at 365.
45.
Plaintiffs also bring this action under Georgia law, O.C.G.A. § 21-2-522,
Grounds for Contest:
A result of a primary or election may be contested on one or more of
the following grounds:
(1) Misconduct, fraud, or irregularity by any primary or election
official or officials sufficient to change or place in doubt the result;
(2) When the defendant is ineligible for the nomination or office in
dispute;
(3) When illegal votes have been received or legal votes rejected at
the polls sufficient to change or place in doubt the result;
(4) For any error in counting the votes or declaring the result of the
primary or election, if such error would change the result; or
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