
Georgia Voter Suppression Law Challenge (Consolidated Case)
In re: Georgia Senate Bill 202
Filed:
Consolidated lawsuit consisting of six lawsuits challenging Georgia’s omnibus voter suppression law, Senate Bill 202. In the aftermath of the 2020 election, Georgia Republicans passed S.B. 202 which places numerous restrictions on mail-in voting, changes early voting and barrs individuals and groups from giving out food or drinks to voters waiting in line to vote.
After the passage of S.B. 202, these six lawsuits — New Georgia Project v. Raffensperger, Georgia State Conference of the NAACP v. Raffensperger, Sixth District of the AME Church v. Kemp, Asian Americans Advancing Justice Atlanta v. Raffensperger, Concerned Black Clergy v. Raffensperger, United States v. Georgia — were filed and all consolidated under this case, In re: Georgia Senate Bill 202. The cases argue that the new law violates federal laws including the Voting and Civil Rights Acts as well as the U.S. Constitution. Republicans intervened to defend the omnibus voter suppression law.
Line-warming Ban Provision
Currently, the line-warming ban does not apply to those who are more than 150 feet from the polling place. On Aug. 18, 2022, a federal judge denied the plaintiffs’ request to temporarily block the line-warming ban in S.B. 202. However, one year later, on Aug. 18, 2023, the judge temporarily blocked the line-warming provision that imposed criminal penalties on individuals who handed out food and water to voters even if they were more than 150 feet from a polling place. On Sept. 18, 2023, the Republican intervenors and state officials appealed the decision to the 11th U.S. Circuit Court of Appeals.
Birthdate Provision
Currently, the birthdate provision is blocked for the 2024 elections. On Aug. 18, 2023, the judge temporarily blocked the provision that rejects a voter’s absentee ballot if the birth date written on an outer ballot envelope did not match the voter’s registration record. On Sept. 18, 2023, the Republican intervenors and state officials appealed the decision to the 11th U.S. Circuit Court of Appeals. On Oct. 2, 2023, the Georgia NAACP and AME plaintiffs appealed the decision that granted in part and denied in part plaintiffs’ request to block the provision of the law that requires voters to put their birthday on the outer envelope of the absentee ballot.
Drop Box Limitation Provision
Drop box limitations remain in place. On Aug. 21, 2023, the judge declined to temporarily block provisions that limit the availability of drop boxes.
Ballot Return Assistance Provision
The ballot return assistance provision remains in place. On Aug. 21, 2023, the judge declined to temporarily block this provision that restricts who can assist individuals in returning their completed absentee ballots.
Absentee Ballot Application Window Provision
On Aug. 21, 2023, the judge declined to temporarily block this provision that shortens the absentee ballot application window. Absentee ballot requests must be submitted no later than eleven days prior to an election.
Absentee Ballot ID Requirements Provision
On Aug. 21, 2023, the judge declined to temporarily block this provision that requires voters applying for an absentee ballot use a driver’s license or state identification card number, or a copy of an alternative identification to confirm their identity on their absentee ballot application. This provision remains in place.
Incorrect Precinct Ballots Provision
On Oct. 11, 2023, the judge declined to temporarily block this provision that prohibits counting timely cast provisional ballots in the wrong precinct. This provision remains in place.
New Runoff Provisions
On Jan. 12, 2024, the judge declined to block provisions that: shortened the timeline for holding runoff elections, shortened the early voting period in runoff elections and eliminated the window for voters to register between a general election and runoff election while remaining eligible to vote in the runoff election. This provision remains in place.
STATUS: Litigation is ongoing in both the district court and the 11th Circuit.The U.S. Department of Justice was granted intervention on July 11, 2024.
Case Documents (District court)
Case Documents (11th Circuit)
Last updated: