IN THE SUPREME COURT STATE OF GEORGIA CARL SWENSSON, Applicant

* * *

v.
BARACK OBAMA,

Respondent

EMERGENCY

Th
MOTION

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FOR INJUNCTION PENDING APPEAL

ds

Fr

ien

of

J. MARK HATFIELD HATFIELD & HATFIELD, P.C. Attorney for Applicant 201 Albany Avenue P.O. Box 1361 Waycross, Georgia 31502 (912) 283-3820 Georgia Bar No. 337509 mhatfield@wayxcable.com

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CASE NO.

IN THE SUPREME COURT STATE OF GEORGIA CARL SWENSSON, Applicant

* * * * *

v.
BARACK OBAMA, Respondent EMERGENCY

CASE NO.

:I~OTION FOR INJUNCTION

Now comes Applicant undersigned counsel,

Carl Swensson,

and moves the Court on an emergency this Court's determination Appeal of

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Applicant

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1.
to Dismiss" of Respondent

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PENDING APPEAL by and through basis herein, and In For Discretionary "Order Granting in Applicant's of a Final Decision Barack Obama, of the Obama a primary election.
Page -1-

for an injunction Applicant's support

pEnding

Application

of this Motion,

Th e

For Discretionary

shows to the Court the

following:

Appeal

from the Superior

of
candid~te, as a candidate

The above-captioned

case is an Application

Court of Fulton County's

Respondent

Barack Ot,ama's Motion

Fulton Superior Georgia

ds

Court action appealing

Secretary

of State Brian P. Kemp denying Applicant's

ien

challenge

to the qu~lifications

presidential President

to seek and hold the Office

of the Uni.ted States,

and finding Respondent

Fr

eligible

for the presidential

co m

2.

The Georgia Election

Denlocratic Presidential

was held orl March

6, 2012 and is now pending

certification State.

of thE! results

thereof by the Georgia

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Preference Primary the the right to seek of the Superior Appeal involves, law, i.e. meets the "natural born II, Section injunction of State's of the Georgia Primary Election, action is moot after the Although Applicant

3.
O.C.G.A. appellate

21-~-5(e)

gives Applicant decision

review of the adverse

below in this matter.

other issues, whether

a sigrificant

or not Respcndent,

and never a United Citizen"

eligibility

Th

States citizen, requirement

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This Applicatic,n For Discretionary

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4.

issue of constitutional

whose father was a foreign national

of Article

5 of the United

States Constitution.

of

5.
Court grants a preliminary

Unless the Supreme pending

anticipated Democratic

ds

appeal with regard to the Secretary certification of the results Preference

ien

Presidential

will likely claim ttat Applicant's certification process is completed.

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disagree,

and does disagree,

with any such claim by Respondent,

m
Secretary of Court among I, Clause Respondent would Page -2-

nevertheless

Applic~Lnt anticipates

that Respondent

make such an argument merits of this appeal.

in an effort to avoid a decision

6.
Applicant show~; that pursuant

to O.C.G.A.

"[t]he filing of the! petition of the Secretary of State[,]

shall not itself stay the decision ...the reviewing court may order a Further, court,

stay upon appropriate O.C.G.A. provides

terms for good cause shown." applicable to appeals

5-3-28(b),

that "[t]hE! superior

writs as may be necE!ssary in aid of its jurisdiction Applicant authority O.C.G.A. submits

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the appellate 7. Court's

court may issue such orders and on appeal."

ttat the Supreme Court would have no less

than a superior

he

court to grant such relief.

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5-6-46(e)

("Nothing in this Code section

the superior

supersedeas ...nor dEprive grant supersedeas

of T

courts of their separate power to grant courts of the power to to meet

ir such manner

as they may determine

the ends of justice~) .

ien ds

Applicant

submits

that, in order that Applicant decision

secure a review of the Superior

Court,

and in order that the significant raised by Applicant's

interpretation

Fr

decisively

adjudicated,

the Supreme Court should grant a

ow .co

21-2-5(e), to superior See

by the Supreme

issue of constitutional

action may be finally and

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on the

would probably

while

shall deprive

may seek to

Page -3-

preliminary Secretary

injunction

pending

appeal with regard to the certification

of State'E: anticipated

ow .co
requests herein. & HATFIELD,
P.C.

of the results

the Georgia

Democrat:ic Presidential

Preference

Primary Election. that this Court

WHEREFORE, grant the relief

App __ cant respectfully i requested

by Applicant 2012.

This 12th day of March,

HATFIELD

Fr

ien ds

of T

he

201 Albany Avenue P.O. Box 1361 Waycross, Georgia (912) 283-3820

3]502

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Page -4-

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of

CERTIFICATE

OF SERVICE

I,
certify Motion

J. Mark Hatfield, Attorney for Applicant,

that I have this day served the foregoing For Injunction Pending Appeal upon:

Michael K. Jablonski Attorney at Law 2221-D Peachtree Road NE Atlanta, Georgia 30309
Mr.

Honorable Brian P. Kemp Secretary of State State of Georgia 214 State Capitol Atlanta, Georgia 30334 by placing addressed a copy of- same in the United envelope ~rith sufficient

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2012. HATFIELD

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States Mail in a properly affixed thereto in postage and by emailing same to Mr. same and by emailing & HATFIELD,
P.C.

order to insure pro];lerdelivery, Jablonski

at michaeJ.iablonski@comcast.net

This 12th day of March,

ien ds

201 Albany Avenue P.O. Box 1361 Waycross, Georgia (912) 283-3820

Fr

of T

to Secretary

Kemp at vrusso@sos.aa.aov.

he
3]502

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do hereby Emergency