Georgia Mass Voter Challenges Lawsuit

Lawsuit filed by the New Georgia Project and A. Philip Randolph Institute against Georgia Secretary of State Brad Raffensperger (R), members of the Georgia State Election Board and local election officials in six counties challenging provisions of Senate Bill 189 under Section 8 of the National Voter Registration Act (NVRA). 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 14 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 use unvetted and unreliable documentation, including screenshots of property records and social media posts, to challenge another person voter registration. The plaintiffs argue that Section 5 of S.B. 189 is unlawful because the NVRA prevents a voter who changes their residency from being removed from the voter roll unless that voter confirms a change of residency in writing or fails to respond to a notice from local election officials and does not vote for two general election cycles. 

The plaintiffs ask the court to find Sections 4 and 5 of S.B. 189 in violation of the NVRA and U.S. Constitution, permanently block the defendants from enforcing them and require Raffensperger and local election officials to restore the voter registrations of voters wrongly removed from the rolls due to the law.

The plaintiffs filed their complaint on July 31, 2024.

The case was consolidated with Secure Families Initiative v. Raffensperger and Georgia State Conference of the NAACP v. Raffensperger.

STATUS: On Aug. 16, 2024, the RNC filed a motion to intervene in defense of this law. Litigation is ongoing.

Last updated: November 4, 2024 3:02 pm EST