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

135.
Defendants are not part of the General Assembly and cannot exercise
legislative power. Rather, Defendants’ power is limited to “tak[ing] care that
the laws be faithfully executed.” Pa. Const. Art. IV, § 2. Because the United
States Constitution reserves for the General Assembly the power to set the
time, place, and manner of holding elections for the President and Congress,
county boards of elections and state executive officers have no authority to
unilaterally exercise that power, much less to hold them in ways that conflict
with existing legislation.
136.
Defendants are not the legislature, and their unilateral decision to
create a “cure procedure” violates the Electors and Elections Clauses of the
United States Constitution.
137.
The Secretary of State and the State Election Board are not the
legislature, and their decision to permit early processing of absentee ballots
in direct violation of the unambiguous requirements of O.C.G.A. § 21-2-
386(a)(2) violates the Electors and Elections Clauses of the United States
Constitution.
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