IN THE SUPREME COURT STATE OF GEORGIA CARL SWENSSON, Applicant

* * *
CASE NO.

v.
BARACK OBAMA,

Respondent

EMERGENCY

MOTION

FOR INJUNCTION

PENDING APPEAL

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

IN THE SUPREME COURT STATE OF GEORGIA CARL SWENSSON, Applicant

* * * * *
:I~OTION FOR INJUNCTION

v.
BARACK OBAMA, Respondent EMERGENCY

CASE NO.

PENDING APPEAL by and through basis

Now comes Applicant undersigned counsel,

Carl Swensson,

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

for an injunction Applicant's support

pEnding

Application

For Discretionary Applicant

herein,

and In

of this Motion,

shows to the Court the

following:

1.
The above-captioned Appeal from the Superior case is an Application For Discretionary "Order Granting Court of Fulton County's to Dismiss"

Respondent

Barack Ot,ama's Motion

in Applicant's of

Fulton Superior Georgia

Court action appealing

a Final Decision

Secretary

of State Brian P. Kemp denying Applicant's of Respondent Barack Obama, of the Obama a

challenge

to the qu~lifications candid~te,

presidential President eligible

to seek and hold the Office

of the Uni.ted States, as a candidate

and finding Respondent primary

for the presidential

election.
Page -1-

2.

The Georgia Election

Denlocratic Presidential

Preference

Primary the of

was held orl March

6, 2012 and is now pending

certification State.

of thE! results

thereof by the Georgia

Secretary

3.
O.C.G.A. appellate

21-~-5(e)

gives Applicant decision

the right to seek of the Superior Court

review of the adverse

below in this matter.

4.

This Applicatic,n For Discretionary other issues, whether a sigrificant

Appeal

involves,

among

issue of constitutional

law, i.e.

or not Respcndent,

whose father was a foreign national meets the "natural born I, Clause

and never a United Citizen"

States citizen, requirement

eligibility

of Article

II, Section

5 of the United

States Constitution.

5.
Unless the Supreme pending Court grants a preliminary injunction

appeal with regard to the Secretary certification Presidential of the results Preference

of State's

anticipated Democratic

of the Georgia Respondent

Primary Election,

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

action is moot after the Although Applicant would

and does disagree,

with any such claim by Respondent,

Page -2-

nevertheless

Applic~Lnt anticipates

that Respondent

would probably on the

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.

21-2-5(e),

while

"[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),

to superior

that "[t]hE! superior

court may issue such orders and on appeal."

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

ttat the Supreme Court would have no less court to grant such relief. See

than a superior

5-6-46(e)

("Nothing in this Code section

shall deprive

the superior

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

supersedeas ...nor dEprive grant supersedeas

ir such manner

as they may determine

the ends of justice~) . 7. Applicant submits that, in order that Applicant Court's decision may seek to

secure a review of the Superior Court,

by the Supreme

and in order that the significant raised by Applicant's

issue of constitutional

interpretation decisively

action may be finally and

adjudicated,

the Supreme Court should grant a

Page -3-

preliminary Secretary

injunction

pending

appeal with regard to the certification Preference requests herein. of the results of

of State'E: anticipated

the Georgia

Democrat:ic Presidential

Primary Election. that this Court

WHEREFORE, grant the relief

App __ cant respectfully i requested by Applicant 2012. HATFIELD

This 12th day of March,

& HATFIELD,

P.C.

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

3]502

Page -4-

CERTIFICATE

OF SERVICE do hereby Emergency

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 States Mail in a properly affixed thereto in

postage

order to insure pro];lerdelivery, Jablonski

and by emailing

same to Mr. same

at michaeJ.iablonski@comcast.net Kemp at vrusso@sos.aa.aov. 2012. HATFIELD

and by emailing

to Secretary

This 12th day of March,

& HATFIELD,

P.C.

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

3]502