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New restrictive Georgia voting rights bill SB 202 is facing a new lawsuit filed by five civil rights groups, which say new laws will impose barriers to Black voters — comparing the bill to Jim Crow-era voter suppression.
The bill severely limits early voting, imposes strict voter ID rules, places restrictions on secure video-monitored ballot drop boxes, bans mobile voting, and makes it illegal for volunteers to pass out water and food or share information with voters in line. It was signed into law within seven hours of passing the Georgia legislature on March 25.
The new lawsuit was filed in Atlanta on March 29 by the Sixth District Of The African Methodist Episcopal Church, the Georgia Muslim Voter Project, the Women Watch Afrika, the Latino Community Fund Of Georgia, and the Delta Sigma Theta Sorority.
According to the lawsuit, Georgia has been unrelenting in its effort to suppress the political participation of people of color throughout history, and this new bill is an extension of the same racist laws.
“S.B. 202 burdens Black voters, other voters of color, and other historically disenfranchised communities—and it does so for no other purpose than to limit their opportunities to vote,” the lawsuit alleges.
It states the Georgia General Assembly enacted the bill with little opportunity for “any, let alone meaningful, public input and review.”
The civil rights groups say the bill violates Section 2 of the Voting Rights Act of 1965 and the First Amendment rights of civic engagement and voting advocacy groups. The plaintiffs compare the new laws with those of the suppressive laws of the Jim Crow era, adding the challenged provisions deny voters of color a full and equal opportunity to participate in the political process.
“This burden is not an accident. Nor is it legal,” asserts the lawsuit.
The plaintiffs point out that voting lines in Black communities are consistently longer than those in majority-white communities, and access to appropriate ID is more limited.
“These historically disenfranchised voters lack IDs or access to obtaining them; they use early and weekend voting, especially on Sundays, when Plaintiff AME Church and other churches encourage voting through ‘Souls to the Polls’ events; they require access to secure drop boxes; they rely on water and other support to withstand the long lines they wait in to vote; and they are more likely to move and cast provisional ballots,” the lawsuit states.
The plaintiffs claim that S.B. 202 was signed into law in retaliation for widespread voter registration efforts in communities of color and record voter turnout during the past several election cycles.
The lawsuit points out that Georgia lawmakers passed SB 202 immediately following historic Black voter participation in the 2020 election and subsequent runoff elections.
The plaintiffs say the bill has little regard for the ideals of an open democracy, placing restrictions on many of the safe and secure options by which Black voters, voters of color, immigrant voters, poor voters, student voters and voters with disabilities exercise their right to vote.
The increase in turnout in a highly divisive election led to unfounded claims of voter fraud contends the lawsuit.
“But each of the baseless allegations underlying this attack were rebuked, both by judges in lawsuits and by Georgia’s own state and local election officials. Secretary of State Brad Raffensperger affirmed that the election was ‘secure, reliable, and efficient,’” says the complaint.
The Georgia civil rights groups are suing for violation of Section 2 of the Voting Rights Act, the First Amendment, Fourteenth Amendment, Fifteenth Amendment, and freedom of speech/expression. They are seeking a declaration from the court that S.B. 202 is illegal and unconstitutional, along with permanent injunctive relief and legal fees.
It is not the only lawsuit Georgia lawmakers are facing over SB 202, with the NAACP also filing a separate lawsuit on Sunday alleging similar constitutional violations, according to the Jurist.
Sherrilyn Ifill of the NAACP Legal Defense Fund said in a statement: “The provisions of the new law and the manner in which it was enacted reflect a thorough disregard for the sanctity of protecting the right to vote and a headlong and determined zeal to diminish Black political power in Georgia.”
The Georgia Secretary of State is also facing a lawsuit from voting rights groups, accusing him of purging nearly 200,000 Georgia registered voters from the state’s voter registration list in 2019.
Are you a Georgia voter who had to wait in line to vote during the 2020 election or this year’s runoffs? Let us know your story in the comments section!
The plaintiffs are represented by Nancy G. Abudu and Pichaya Poy Winichakul of the Southern Poverty Law Center, Leah C. Aden and John S. Cusick pf NAACP Legal Defense and Education Fund, Sean Young and Rahul Garabadu of the American Civil Liberties Union Foundation of Georgia, Inc, Debo P. Adegbile, Ilya Feldsherov, George P. Varghese, Stephanie Lin, Tania Faransso, Webb Lyons, and Nana Wilberforce of Wilmer Cutler Pickering Hale and Dorr LLP, Sophia Lin Lakin, Theresa J. Lee, and Dale E. Ho of American Civil Liberties Union Foundation, and Adam S. Sieff, Kate Kennedy, and Matthew Jedreski of Davis Wright Tremaine LLP.
The Georgia Voting Rights Lawsuit is Sixth District of the African Methodist Episcopal Church, et al. v. Kemp, et al., Case No. 1:21-mi-99999-UNA in the U.S. District Court for the Northern District of Georgia Atlanta Division.
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