Court upholds key provision of state elections overhaul

Photo courtesy of istock.com.

Date: September 10, 2025

by Dave Williams | Capitol Beat News Service

ATLANTA – A federal judge has upheld a portion of a controversial 2022 Georgia election law dealing with absentee ballots.

In a 50-page ruling Monday, U.S. District Judge J.P. Boulee declared that the state had a “compelling governmental interest” in restricting the distribution of absentee ballot applications by third-party voting rights activists. He ruled that the state was justified in enacting restrictions aimed at “reducing voter confusion, enhancing voter confidence and increasing electoral efficiency.”

The absentee ballot restrictions were part of a broad overhaul of Georgia election procedures the Republican-controlled General Assembly passed in 2021 after Democrat Joe Biden carried the Peach State’s 16 electoral votes in the 2020 presidential election. GOP President Donald Trump, nearing the end of his first term in the White House, claimed widespread voter fraud in Georgia, allegations that were never proven.

Senate Bill 202 also placed limits on the number of absentee drop boxes, imposed an ID requirement for voters casting absentee ballots, and prohibited volunteers from providing food and water to voters waiting in line at the polls. 

Georgia Secretary of State Brad Raffensperger praised Monday’s decision.

“This ruling proves what we’ve said all along – Georgia has the best elections in America,” he said. “SB202 is about common sense: protecting voters from confusion, making sure every vote counts once, and keeping our elections free, fair, and secure.”

Representatives of the voting rights groups that brought the lawsuit vowed to continue pursuing the case.

“In the context of increasing government overreach into our elections, the court’s decision to limit advocacy at the expense of the right to free speech is deeply concerning,” said Tom Lopach, president and CEO of the nonprofit Voter Participation Center and Center for Voter Information. “We will continue to fight to protect programs that we know help eligible Georgia voters.”

In a related case, the Justice Department dropped its lawsuit against SB202 after Trump took office for his second term as president.

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