Voting Rights Organizations Move to Block Provisions in Georgia鈥檚 Anti-Voter Law in 2022 Election Cycle
Preliminary injunction motion seeks to halt provisions that criminalize providing basic necessities to people waiting in lines at polling locations听
ATLANTA 鈥 TODAY Voting rights groups filed a preliminary injunction motion to challenge certain barriers to voting created by Georgia鈥檚 anti-voter law, .
If granted, the preliminary injunction would lift restrictions on line relief, including handing out free food, water, and other provisions to voters in line. This would allow non-partisan voting rights organizations to continue giving free food and water to voters in line, as they did before S.B. 202. The motion claims line relief restrictions violate the free speech rights of those handing out line relief and expressing gratitude to Georgians for voting, in addition to placing undue barriers on voters.听
The Southern Poverty Law Center (人兽性交), the , , 听the , and the law firms and filed the preliminary injunction motion as part of their litigation The Sixth District of the African Methodist Episcopal Church vs. Brian Kemp (AME vs. Kemp). Plaintiffs are the the , , , , and the represented by LDF, ACLU Ga, ACLU and Wilmer Hale, as well as the , , and , represented by 人兽性交 and DWT.
The motion for a preliminary injunction can be found HERE.
听
鈥淯nder S.B. 202, the Georgia state government has created barriers to voting that target basic human comforts, like food and water during a long wait at the polls,鈥 said Poy Winichakul, senior staff attorney for voting rights with 人兽性交. 鈥淲e are filing this preliminary injunction motion so Georgians waiting in long lines can have the simple relief of water or a snack.鈥
鈥淭he right to vote is a cornerstone of our democracy, and the state of Georgia should be making it easier for eligible voters to exercise this fundamental right,鈥 said Rahul Garabadu, a voting rights staff attorney at the ACLU of Georgia. 鈥淏y criminalizing the act of handing food or water to voters waiting in line, the line relief ban makes it harder to cast a ballot, especially for voters of color and voters with disabilities.鈥
鈥淭his law is a blatant and shameless attempt to make voting more difficult in Georgia. It is inhumane, represents politics at its very worst, and is clearly illegal,鈥 said Sophia Lin Lakin, deputy director of the ACLU鈥檚 Voting Rights Project.
听
鈥淟et鈥檚 be clear: S.B. 202鈥檚 line relief ban only makes it harder for many Georgians to exercise their fundamental right to vote,鈥 said Tania Faransso, special counsel at WilmerHale. 听鈥淲e are filing this motion for a preliminary injunction 鈥 on behalf of our clients and all Georgians 鈥 to protect the right of eligible voters to participate in our democracy.鈥
鈥淕eorgians 听suffer from some of the longest polling place lines in the country, especially in 听neighborhoods of color,鈥 said Adam Sieff, an attorney with Davis Wright Tremaine. 鈥淏ut instead of making it easier for old folks or parents waiting with kids to cast a ballot in sweltering heat or blistering cold, S.B. 202 makes it a crime for a neighbor to offer these voters a bottle of water or warm cup of coffee. That鈥檚 not only inhumane, it鈥檚 also a clear violation of the First Amendment and these citizens鈥 rights as voters.鈥
鈥淲ithin civil rights and other justice movements, there is a long tradition of organizations like those we represent providing food and water to support Black and other voters fully exercise their right to vote,鈥 said Leah Aden, deputy director of litigation at LDF. 鈥淕eorgia鈥檚 ban on the ability of these organizations to provide this support is indicative of the cruel tactics those in power are willing to employ to stop communities of color from participating like they did in the 2020 and the 2021 runoff elections.鈥
Background:
After Georgia voters turned out in record numbers for the 2020 presidential election and U.S. Senate elections in early 2021, state legislators passed S.B. 202, a sweeping 鈥 unconstitutional and racially discriminatory 鈥 voting law that threatened to massively disenfranchise voters, particularly voters of color.
听
In response, voting rights organizations filed The Sixth District of the African Methodist Episcopal Church vs. Brian Kemp, challenging multiple provisions of S.B. 202 including:
听
A ban on 鈥渓ine relief,鈥 where volunteers provide water and snacks to people waiting in long lines to vote, a common occurrence at precincts with a large population of voters of color.听
- A severe restriction on the use of mobile voting units, which have been used to address a shortage of accessible and secure polling locations that previously resulted in long lines of voters at existing and traditional polling locations. 听
- Additional and onerous identification requirements for requesting and casting an absentee ballot.听
- A compressed period for requesting absentee ballots.听
- Restrictions on the use of secure ballot drop boxes.听
- Disqualification of provisional ballots cast in a voter鈥檚 county of residence but outside the voter鈥檚 precinct before 5 p.m. Previously, votes for all the races to which the person was eligible to vote on that precinct鈥檚 provisional ballot were counted.听
- A drastic reduction of early voting in runoff elections.听
听
The lawsuit describes how S.B. 202 violates voter protections under the 14th and 15th Amendments as well as Section 2 of the Voting Rights Act, the Americans with Disabilities Act, the Rehabilitation Act, and the Civil Rights Act of 1964. It also outlines how the 鈥渓ine relief鈥 ban violates the First Amendment right to freedom of expression.听
In addition to seeking this preliminary relief, these Georgia organizations will continue to move towards a full trial on all of their claims and seek complete relief for the various harms S.B. 202 creates for future elections.