Advocacy groups challenge Georgia election law in federal court
Published in Political News
ATLANTA – A federal judge on Wednesday considered whether to dismiss a lawsuit challenging provisions of a 2024 state elections law that changed where homeless voters could receive election mail and strengthened the ability of activists to challenge the eligibility of voters.
The consolidated suit seeks to overturn that voter eligibility challenge law, which has further empowered conservative activists, who have lodged more than 100,000 registration challenges since 2021. County election boards have rejected most of those efforts.
The law allows county residents to file voter eligibility challenges with county election boards if a voter registers in another state, at a nonresidential address or claims a homestead exemption in another jurisdiction.
On Wednesday, Federal District Court Judge Steven D. Grimberg, asked whether the advocacy groups bringing the suit have constituents who have been directly affected by the eligibility challenge provisions in Senate Bill 189.
Advocacy groups in the suit argue that voter challenges have required them to expend money and volunteer time protecting eligible voters. But Grimberg questioned whether the advocacy groups need to divert resources to monitor voter challenges, saying that’s a choice.
Several different advocacy groups, including voter registration groups and the Georgia NAACP, filed the lawsuit, naming Secretary of State Brad Raffensperger and other state and local election officials as defendants.
The groups in the consolidated suit argue that provisions in SB 189 violate the National Voter Registration Act, which only allows the cancellation of a voter’s registration after that voter confirms in writing that they have moved or fails to respond to an official notice about their address from county election officials and misses the next two general elections.
Multiple defendants in the suit have sought to dismiss the case. Attorney General Chris Carr, who is running for governor, has argued the federal court lacks authority to toss the state law and has said that the Legislature’s policy should govern Georgia elections.
On Wednesday, attorney Bryan Tyson, who represents the secretary of state and the State Election Board, argued that the advocacy groups haven’t shown actual harm to their constituents.
But that’s not the only part of SB 189 the voter advocacy groups are challenging.
The lawsuit also contends another provision of SB 189 violates the rights of voters who are homeless. The state law requires homeless voters to pick up election mail at county election offices, which plaintiffs say makes it more difficult for voters who lack transportation. That provision is unnecessary and discriminatory, the plaintiffs contend.
The Georgia Republican Party and the Republican National Committee have intervened in the suit, defending the law passed by the Republican-controlled General Assembly.
The federal judge also is considering whether to allow the advocacy groups to make the lawsuit a class action so they can sue all county election boards across the state.
Grimberg didn’t give a clear date on when he expects to make any decisions but said he would make an order as soon as he could.
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