Black Voters Matter Fund et al. v. Raffensperger
On April 8, 2020, the ACLU of Georgia filed a federal lawsuit on behalf of Black Voters Matter Fund and two individual voters to challenge the constitutionality of requiring citizens to buy postage stamps when submitting mail-in absentee ballots. This is tantamount to a poll tax.
The ACLU of Georgia sought a preliminary injunction to require election officials to provide prepaid returnable envelopes for absentee ballots and absentee ballot applications. The District Court dismissed the poll tax claim on August 11, 2020. The ACLU of Georgia appealed that decision.
The State of Georgia requires voters to pay for the cost of ballot delivery via mail (i.e., postage stamps), even though elections officials can and do provide prepaid postage envelopes to cover the mailing costs of other voting-related materials submitted by voters.
Black Voters Matter Fund et al v Raffensperger asks whether, in 2021, the State of Georgia can constitutionally charge mail-in voters up to $1.65 in postal fees to cover the administrative costs of ballot delivery by mail.
The ACLU of Georgia lawsuit explains that this is unconstitutional based on similar poll taxes the U.S. Supreme Court has prohibited.
In 1965, the Supreme Court held that it was unconstitutional for Virginia to charge voters $1.50 to cover the administrative costs of running an election, even if voters could avoid that fee by obtaining a “free” certificate of residence.
The ACLU of Georgia lawsuit continues.
Georgia elections officials cannot open a popular early in-person voting location (such as Atlanta’s State Farm Arena), then charge voters $1.50 to vote at that location (i.e., to cover the costs of renting that space), even if voters can use other early voting locations for free.
The ACLU of Georgia asked that the Eleventh Circuit Court of Appeals reverse the lower court’s decision. The court did not grant a reversal.
CASE DETAILS
Status
LOST
Date filed
April 8, 2020
Plaintiffs
Black Voters Matter Fund
Megan Gordon
Penelope Reid
Counsel
American Civil Liberties Union Foundation of Georgia, Inc.
American Civil Liberties Union
LEGAL DOCUMENTS
Plaintiffs’ Motion For Preliminary Injunction
Plaintiff’s Second Amended Complaint: Declaratory Judgment and Permanent Injunction
DeKalb Motion to Dismiss
SOS Reply to Motion to Dismiss
Plaintiffs Opposition to Motion to Dismiss
Judge’s Order Dismissing Poll Tax Claim
Notice of Appeal
Plaintiffs-Appellants’ Opening Brief
SOS Defendant-Appellee’s Response Brief
Plaintiffs-Appellants’ Reply Brief
Press Releases
ACLU Files Federal Lawsuit Challenging Georgia Poll Tax
Federal District Court Sets Date to Hear ACLU and ACLU of Georgia’s Lawsuit on the State’s Poll Tax
ACLU of Georgia Sees Opportunity in Federal Court Decision to Move Forward with Black Voters Matter Lawsuit
ACLU of Georgia Files Appeal in Federal Lawsuit Challenging Georgia Poll Tax
Press Release: ACLU of Georgia Goes to Federal Appeals Court to Challenge Georgia’s Poll Tax on Mail-In Absentee Ballots
News Articles
Lawsuit: Georgia mail-in ballot postage is unconstitutional
ACLU federal lawsuit: Postage to vote by mail amounts to poll tax
Lawsuit Challenges Postage on Mail-In Ballots as a Poll Tax
ACLU sues over postage requirement for absentee voting in Georgia
Federal judge weighs if state’s mail-in ballot stamp requirement is poll tax
Voting rights group sues Georgia over election ballot postage
Cost, hassle of stamps questioned as mail-in voting surges
Postage to Vote by Mail Called a Poll Tax
Judge questions whether Georgia ballot postage is an illegal poll tax
Judge: Postage requirement for mail ballots isn’t a poll tax
Demanda federal contra impuesto al votante de Georgia