May 13th 2024.
Georgia recently passed a new law, SB 189, that was signed by Governor Brian Kemp on May 6. The intention behind this law was to address the issue of alleged voter fraud in the state. However, some advocates for voter rights are concerned that this law may actually make voter suppression worse. On the other hand, the state's Republican Party is standing by the bill.
The law is set to go into effect in July and one of its provisions allows Georgia residents to challenge the voter registration of others using questionable methods. The Georgia branch of the American Civil Liberties Union (ACLU) has threatened to sue the state, claiming that this law violates the National Voter Registration Act. Caitlin May, a voting rights attorney with the ACLU, stated, "It's bad policy and bad law and will open the floodgates to bad challenges."
The State Election Board in Georgia is currently trying to determine their next steps in response to this law. John Fervier, the board chair, told ProPublica that they will likely have to provide instructions to election officials on how to handle the new law. However, the specifics of these instructions are still being discussed. Fervier stated, "We're going to probably have to try and provide some instruction telling election officials how to respond to SB 189. I don't know if that will come from the State Election Board or from the secretary of state's office."
Representative John LaHood, a Republican who played a role in passing the bill, has stated that he does not believe it will contribute to voter suppression. He sees it as a way to promote accuracy, transparency, and election integrity. LaHood said, "I don't see it being about voter suppression whatsoever."
Conservative organizations have already expressed their intention to challenge numerous voter registrations in this year's election under the new law. The chair of Georgia's GOP told the Atlanta Journal-Constitution that he views this legislative session as a "home run for those of us concerned about election integrity."
Andrea Young, executive director of the Georgia ACLU, released a statement after the passage of SB 189, expressing her disappointment with the new law. "SB 189 is a step back for voters' rights and voting access in the state of Georgia," said Young. "Most importantly, this bill will require already overburdened election workers to spend time processing unnecessary voter challenges. As always, elected state officials should work to make voting easier and not more difficult for Georgia citizens. We are committed to protecting Georgia voters and will see the governor in court."
According to Democracy Docket, SB 189 makes it easier to invalidate a voter's eligibility by allowing for a wide range of factors to be used in a challenge. It also permits voters to be removed from the rolls up to 45 days before an election, which goes against the National Voter Registration Act's ban on removing voters within 90 days of a federal election. Additionally, the law eliminates the use of QR codes on ballots to count votes electronically.
The Southern Poverty Law Center (SPLC) also spoke out against this law, arguing that it is a response to baseless conspiracy theories. Courtney O'Donnell, a senior staff attorney for voting rights with the SPLC, stated, "Election officials already carry the huge civic responsibility of safeguarding our ballots and ensuring that every vote is counted. Now, Gov. Kemp has further burdened them by enacting an election law that is responsive to baseless conspiracy theories." O'Donnell went on to say, "SB 189 green lights unsubstantiated voter challenges and creates further confusion for election administrators in resolving voter challenges. Furthermore, it targets unhoused voters by making them more susceptible to voter challenges and requiring them to make the county registrar's office their mailing address. The passage of SB 189 represents a significant setback in the fight for equitable and accessible elections in Georgia and a stark reminder that our fight for voting rights is far from over."
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