Georgia Mass Voter Challenges Lawsuit (GA NAACP)

Lawsuit filed by the Georgia State Conference of the NAACP and Georgia Coalition for the Peoples’ Agenda against Georgia Secretary of State Brad Raffensperger (R) challenging provisions of Senate Bill 189 under Section 8 of the National Voter Registration Act (NVRA) and the U.S. Constitution. Section 4 of S.B. 189 requires unhoused voters without a permanent address to use the address of their county registrar’s office to register to vote and receive all of their election mail. Section 5 makes it easier for private citizens to challenge the eligibility of other voters.

The plaintiffs argue that because Section 4 of S.B. 189’s mailing address restriction applies only to unhoused voters, it violates the uniform and nondiscriminatory provision of the NVRA which requires that all state election programs treat voters fairly regardless of their status. They also argue that Section 4 is unconstitutional and violates the right to vote under the First and 14th Amendments. They claim many unhoused Georgia voters could arbitrarily be denied the right to vote because they can only receive election mail at their county registrar, not a P.O. Box or homeless shelter that might be more accessible to them.

Under Section 5 of  S.B. 189, the plaintiffs claim private citizens can challenge the eligibility of voters whose address is deemed “nonresidential.” The plaintiffs argue that this would impact voters living in college dormitories, shelters, transitional housing or other locations that may show as nonresidential under local zoning laws. 

Section 5 also allows county boards of election to move forward with challenges based on information that a voter may have moved in violation of Section 8 of the NVRA. 

The plaintiffs ask the court to find Sections 4 and 5 of S.B. 189 in violation of the NVRA and U.S. Constitution and permanently block Raffensperger and Georgia election officials from enforcing them. They also ask the court to order the state to issue guidance and provide training to all county boards regarding future enforcement of S.B. 189.

STATUS: The plaintiffs filed their complaint on Sept. 24, 2024. Raffensperger has not responded yet.

Last updated: September 24, 2024 4:42 pm EST