Federal judge upholds controversial Georgia election law

Photo courtesy of Capital Beat.

Date: October 14, 2023

by Dave Williams | Oct 12, 2023 | Capitol Beat News Service

A long line outside South Cobb Regional Library in Mableton stretched around the block on the first day of early voting for the Nov. 3, 2020, elections. (Photo by Beau Evans)

ATLANTA – A federal judge has denied motions to temporarily block several provisions of controversial election reform legislation the General Assembly’s Republican majorities passed two years ago.

Several civil rights groups challenged restrictions in Senate Bill 202 on absentee voting and the placement of absentee ballot drop boxes, claiming the new law will make it harder for Black voters in Georgia to cast their ballots next year.

But U.S. District Judge J.P. Boulee ruled against the motions for a preliminary injunction Wednesday, declaring that the plaintiffs failed to prove the legislation was intended to discriminate against voters based on their race.

The provisions at issue included limits on the number of absentee drop boxes, an ID requirement for voters casting absentee ballots, and a ban on volunteers providing food and water to voters waiting in line at the polls.  

“We are disappointed that the challenged provisions of SB202 will remain in effect during the 2024 election cycle,” said Rahul Garabadu, senior voting rights attorney with the American Civil Liberties Union’s Georgia chapter. “But our legal challenge is far from over. … We will never stop advocating on behalf of our clients and voters across the state.”

Georgia Secretary of State Brad Raffensperger, Republican, praised the decision.

“Today, the court confirmed what we’ve been saying all along,” he said. “SB202 strengthens election integrity while increasing the opportunity for Georgia voters to cast a ballot.”

The plaintiffs had brought the lawsuit before last year’s elections. But the judge declined to issue a ruling at the time, contending that changing voting laws close to an election would confuse voters.

The General Assembly passed SB202 after Democrats had scored major gains in Georgia in the 2020 election cycle, including Joe Biden’s victory over incumbent GOP President Donald Trump and the capture of both of the state’s U.S. Senate seats.

Absentee voting played a major role in the pandemic-era 2020 elections, with drop boxes being used for the first time. Critics said many drop box locations lacked adequate security measures.

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