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Photo “Brad Raffensperger” by Brad Raffensperger. Background Photo “Department of Justice” by Ken Lund CC BY-SA 2.0.
Georgia’s Raffensperger Files Lawsuit Against Justice Department over Request for Documents
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Both Kemp and Raffensperger owed a DUTY to the GA Legislature to include ONLY votes in their certifications that met the applicable legal requirements since, as SCOTUS has held: “[i]n certifying election results, the votes eligible for inclusion in the certification are the votes meeting the properly established legal requirements.” Bush v. Gore, 531 US 98, 103 (2000).
That duty owed by Kemp and Raffensperger is MINISTERIAL in nature and not discretionary, meaning that they have no discretion somehow to waive performance of the duty.
Kemp and Raffensperger therefore BREACHED that duty — and under the relevant GA fraud statute (O.C.G.A. 23-2-51) that breach of duty constitutes CONSTRUCTIVE FRAUD:
“O.C.G.A. 23-2-51. Fraud as actual or constructive
(a) Fraud may be actual or constructive.
(b) Actual fraud consists of any kind of artifice by which another is deceived. Constructive fraud consists of any act of omission or commission, contrary to legal or equitable duty, trust, or confidence justly reposed, which is contrary to good conscience and operates to the injury of another.
Nice try Brad. You still wont get re-elected