Kara Sears
Georgia's new voting law has been criticized for restricting voting rights, particularly for Black voters. The law, Senate Bill 189, makes it easier to challenge voters' eligibility, potentially intimidating voters and spreading disinformation. It also reduces the time to request absentee ballots, imposes stricter ID requirements, and limits the use of ballot drop boxes. Additionally, it bans the distribution of food and water to voters waiting in line, which has been criticized as restrictive. The law was passed by Republicans following Democratic victories in Georgia's presidential and Senate elections, with the stated goal of ensuring election integrity. Critics argue it will disproportionately impact Democratic-leaning urban and suburban counties and that it is a response to false claims of voter fraud in the 2020 election. Legal challenges have been made, but the impact of the law on Black voter turnout is disputed.
| Characteristics | Values |
|---|---|
| Voting challenges | Easier to challenge voters' eligibility, intimidating, and spread disinformation |
| Voting restrictions | Ban on providing food or drink to people in line, shorter time to request absentee ballots, strict ID requirements, fewer ballot drop boxes, and harder to extend voting hours |
| Voting process | Election officials cannot accept third-party funding, state attorney general manages an election hotline, and the Republican-controlled legislature has more control over the State Election Board |
| Voter turnout | Black voter turnout increased from 2020 to 2024, but the increase did not keep up with population growth, resulting in a 0.6% decline |
| Political impact | Passed by Republicans, criticized by Democrats, and led to boycotts and relocation of the MLB All-Star Game |
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What You'll Learn
The law makes it a crime to offer water to voters waiting in line
Georgia's new voting law, SB 202, has been criticized for making it a crime to offer food or drinks to voters waiting in line. This provision has been widely condemned as an attempt to make voting more difficult, particularly for Black voters and voters of color, who often face long lines at the polls. The law states that no person shall "give, offer to give, or participate in the giving of any... gifts, including, but not limited to, food and drink, to an elector" within 150 feet of a polling place or 25 feet of any voter standing in line.
The law's supporters, including Governor Brian Kemp, argue that it is necessary to prevent electioneering and the solicitation of votes by political organizations. They claim that voters can still bring their own food and drinks and that the law only prohibits political groups from handing out these items to influence voters. However, critics argue that this provision is unnecessary and restrictive, potentially discouraging people from voting.
In response to this controversial provision, civil rights groups and organizations like the American Civil Liberties Union (ACLU) have taken legal action. They filed an emergency motion to lift Georgia's line relief ban, arguing that it violates voters' rights and adds to the burdens faced by voters of color and voters with disabilities. These groups have noted that Black voters in Georgia often endure long waits to cast their ballots, and they view the water and food provision as a targeted restriction.
The impact of this law is concerning, as it could lead to dehydration and discomfort for voters, especially those waiting for extended periods. This may deter people from voting, particularly those with health conditions or disabilities. The law also raises questions about the motivation behind such restrictions and whether they are truly necessary to ensure fair elections.
To address this issue, legal challenges and advocacy efforts are ongoing. Voting rights advocates have raised objections and filed lawsuits to protect voters' rights and challenge the restrictive provisions of SB 202. These efforts aim to ensure that voting remains accessible and inclusive for all eligible voters in Georgia, regardless of their race or ability.
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Black voter turnout increased, but Black turnout declined
Black voter turnout has historically been lower than that of other racial groups. However, this is not due to a lack of interest in voting among Black Americans. Instead, Black voters have been systematically denied the ability to vote through various means, including voter disenfranchisement and gerrymandering.
In the 2010 election, the white-Black voter turnout gap was 8 percentage points, but this decreased to just 1 percentage point in 2008 and Black voter turnout was even higher than white voter turnout in 2012. The presence of Black candidates on the ballot has been shown to increase Black voter turnout, as was the case in the 2018 governor races in Georgia and Florida, which featured Stacey Abrams and Andrew Gillum, respectively. Additionally, Black state legislators have been found to increase voting participation among disengaged Black voters, particularly when they contact these voters directly.
Despite this progress, there has been a growing racial disparity in voter turnout since 2012, with white turnout increasing the most between the 2012 and 2020 presidential elections. This trend continued in the 2022 midterm elections, which saw lower turnout rates among Black Americans in some states, including Ohio and Georgia.
To address this issue and ensure equal access to voting, it is important to examine and address the systemic barriers that prevent Black voters from fully participating in the political process. This includes addressing issues such as voter disenfranchisement, gerrymandering, and discriminatory voting laws. By taking steps to remove these barriers, it is possible to increase Black voter turnout and work towards a more equitable and inclusive democracy.
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The law makes it easier to challenge voter eligibility
Georgia's new election law, Senate Bill 189, has made it easier for people to challenge their neighbours' voter eligibility. This has resulted in an increased risk of eligible voters losing their right to vote or being forced to defend it at public hearings.
The new law requires that local boards hold hearings for all challenged voters when there is "probable cause". This means that weak or baseless challenges, which are often fueled by false claims about the 2020 election being "stolen", will force officials to notify voters that they must defend their right to vote at a hearing. These challenges can be intimidating for voters and spread disinformation.
The law does not specify what must be proven at a hearing to remove a voter, which has led to widespread challenges and confusion for election workers. For example, in the case of a challenge based on a voter's death, it is unclear whether a challenger's word, a newspaper obituary, or a death certificate would be sufficient evidence to remove a voter from the rolls.
Some county election boards are taking steps to mitigate the damage caused by the law. For example, Fulton County's board has advised that it will continue to apply federal safeguards for voters, requiring challengers to provide specific evidence and not removing anyone from the rolls due to clerical errors. However, other counties have not followed this example, and the law has overall made it easier to challenge voter eligibility, potentially threatening the right of eligible voters to cast their ballots.
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Counties can keep early voting until 7 pm
The new Georgia voting law has been criticized for limiting access to voting and making it easier for people to challenge their neighbors' voter eligibility. This has resulted in an increased risk of eligible voters losing their right to vote.
One provision of the law that has been criticized is the ban on "any person" providing food or drink to people waiting in line to vote. This includes claims that it is a crime to provide water to voters waiting in line. However, Governor Kemp has refuted this claim, stating that voters can bring their own food and water, and even order a pizza while waiting.
Another concern is the potential impact on early voting hours. While the law standardizes early voting closing time at 5 pm, counties can keep early voting open until 7 pm. This flexibility is important to ensure voters have sufficient opportunities to cast their ballots, especially in smaller counties with fewer resources.
To address these issues, some counties are taking steps to mitigate the damage. For example, Fulton County has advised that it will continue to apply federal safeguards for voters and require specific evidence for voter challenges, rather than just generalized claims.
Nonprofit, nonpartisan organizations like Vote.org are also working to remove barriers to voting and increase voter turnout. Their tools aim to simplify the voting process and ensure that all eligible voters can have their voices heard.
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Republicans aimed to eliminate Sunday voting
In Georgia, Republicans have been attempting to restrict voting rights by proposing a bill that would eliminate early voting on Sundays. This proposal is part of a broader effort to impose new limitations on absentee ballots and voting mechanisms. The bill, introduced by Republican state Rep. Barry Fleming, sought to restrict both in-person and absentee early voting by limiting the voting period from Monday to Friday, with an additional voting day on the second Saturday before the election. Counties would have the option to extend voting hours, but casting ballots on any other days, including Sundays, would be prohibited.
The plan to eliminate Sunday voting has faced intense criticism from voting rights groups, businesses, and the public. Sunday voting is historically a day of heavy turnout for Black, largely Democratic voters, as Black churches often run "souls to the polls" programs to encourage their congregants to vote. By cancelling Sunday voting, Republicans aim to secure control over voting rules and support former President Donald Trump's false claims of widespread voter fraud in 2020.
In response to the backlash, top Republicans in Georgia's state legislature have retreated from their initial proposal. State Rep. Barry Fleming stated that the new version of the bill would allow up to four weekend days of early voting, abandoning the plan to eliminate Sunday voting entirely. This revision demonstrates the impact of public pressure and the united efforts of voting rights advocates and businesses in defending voting rights and accessibility.
Despite the concessions made by Georgia Republicans, it is important to remain vigilant. The revised bill still includes provisions that could hinder voting rights, such as limiting the ability of voting rights advocates to send absentee ballot request forms to voters. Additionally, Republicans continue to pursue control over election mechanisms, as evidenced by the takeover of the Spalding County elections board, where Republicans outvoted Democrats to cancel Sunday voting.
To protect voting rights in Georgia, continued advocacy and opposition to restrictive voting laws are crucial. Voting rights groups, businesses, and concerned citizens must persist in challenging these efforts to suppress voting access and ensure that all eligible voters can exercise their right to vote without undue obstacles.
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Frequently asked questions
The new Georgia voting law, SB 202, or the Election Integrity Act of 2021, was signed into law by Gov. Brian Kemp on March 25, 2021. The law makes changes to voting procedures, including stricter ID requirements for absentee ballots, shorter time frames for requesting mailed ballots, and fewer ballot drop boxes. It also bans the distribution of food and water to voters by third parties and gives the Republican-controlled legislature more control over the State Election Board.
There are several concerns with the new Georgia voting law. Some critics argue that it will make it harder for people, particularly in Democratic-leaning and minority communities, to cast their ballots. The law also gives more power to the Republican-controlled legislature over election administration and makes it easier for voters to be challenged and removed from voter rolls. There are also concerns about the potential for voter intimidation and the spread of disinformation.
The impact of the new Georgia voting law has been mixed. Some analyses suggest that Black voter turnout declined after the law was passed, while others claim that Black voter turnout increased. There have also been boycotts of the state and businesses headquartered in Georgia, including the relocation of the 2021 MLB All-Star Game.
There have been legal challenges to the Georgia voting law, including a lawsuit filed by the Biden administration alleging that the law denied Black voters equal access to the ballot. However, the Justice Department under the Trump administration instructed the dismissal of the lawsuit. Advocacy organizations, such as Fair Fight Action, have criticized the dismissal and continue to work towards protecting voting rights in Georgia.
