Voter Rights

The ACLU of Georgia proudly champions, protects, and defends YOUR constitutional right to vote. Voting is the cornerstone of our democracy upon which all civil liberties rest.

Following several years of the Georgia Legislature passing harmful voting-related bills, the fight for voting rights remains as critical as ever. Politicians across the country continue to engage in voter suppression efforts including additional obstacles to registration, access to the ballot, and large-scale dilution of minority voters’ rights. Through litigation and advocacy, the ACLU of Georgia is fighting back against attempts to curtail the vital right that is preservative of all others, the right to vote.

GEORGIA’S NEWEST VOTER SUPPRESSION LAW (SB 189)

Senate Bill 189, signed by Georgia’s governor in early May 2024, imposes more barriers for Georgia voters and elections administrators. The law lowers the barrier for making biased and baseless voter challenges around the state, creates confusion for unhoused voters, makes it more difficult for county elections boards to interpret the law, and increases requirements for already overworked elections officials. The ACLU of Georgia strongly opposes SB 189.

How does this affect Georgians?

The State vaguely defines what constitutes “probable cause” for upholding challenges to voter eligibility, which could lead to voters being removed from the rolls. This provision enables more baseless attacks on voters.
The State is forcing unhoused people without a permanent mailing address to receive their election-related mail at the County Registrar's Office. This change burdens the registrar by making it responsible for people’s mail and creates a barrier for voters to receive important election mailers.
The State has instituted a difficult mandate by requiring counties to report the results of all absentee ballots by an hour after polls close.
Beginning July 1, 2026, the State will no longer use QR codes to count ballots created on the state ballot marking devices. That is how votes are counted now.

Our Action
Elected state officials should work to make voting easier and not more difficult for Georgians. We are committed to protecting Georgia voters and will see the governor in court.

GEORGIA'S ANTI-VOTER LAW (SB 202)

Senate Bill 202 attacks absentee voting, criminalizes Georgians who give a drink of water to their neighbors, allows the State to take over county elections, and retaliates against the elected Secretary of State by replacing him with a State Board of Elections Chair chosen by the legislature—rather than the voters.

How does this effect Georgia voters?

The State cuts off citizens’ ability to apply for an absentee, mail-in ballot 11-days before the final election day and restricts when officials can start processing ballot requests, slowing the absentee process.
The State restricts drop box locations and hours to inside early voting locations during office hours only.
The State can take over local election boards and hire and fire local employees when an election result displeases a politician.
The State bans local counties, cities, and towns from receiving private funding which has paid for things such as generators during a terrible storm on Election Day.
The State forces citizens who need to vote by mail to risk identity theft by requiring personal information to be more easily accessible on absentee ballots.

Our Lawsuit

Civil rights groups filed a federal lawsuit against Georgia’s sweeping law that makes it much harder for all Georgians to vote, particularly voters of color, new citizens, and people with disabilities.

The lawsuit challenges multiple provisions in SB 202, including its increased criminalization of participation in elections, new narrow identification requirements for requesting and casting an absentee ballot, and restrictions placed on secure drop boxes, among other changes that constitute voter suppression. Litigation in the case is ongoing and a trial has yet to be scheduled. It may be some time before a court rules on the legality of SB 202. However, the ACLU of Georgia and its legal partners have won some victories in court:

In August 2023, the court granted a partial preliminary injunction, forbidding county elections officials from rejecting absentee ballots for incorrect or missing birth dates on return envelopes.
The court also issued a separate injunction blocking the line warming ban, allowing people to hand out food and water to voters in long lines for the 2024 election beyond 150 feet of a polling place

Learn more about this lawsuit

PROTECTING VOTER RIGHTS IN GEORGIA

LOCAL ELECTION ADVOCATES AND DEFENDERS (LEAD) PROGRAM
Local election offices in Georgia make the crucial decisions that let us freely exercise our constitutional right to vote. We must work at the local level to hold election officials accountable to Georgia voters. The Local Election Advocates and Defenders (LEAD) program helps build more transparent, effective, accessible, and responsive elections offices. If you are interested in becoming a LEADer please review the detailed job description and sign up to be a volunteer.
LEARN MORE ABOUT BECOMING A LEADER

POLL OBSERVER PROGRAM
ACLU of Georgia Poll Observers will play a crucial role in the coming weeks by supporting voters during early voting and, on Election Day, and by observing the tabulation and, certification of results.
Sign up to be a Poll Observer

POLL WORKER PROGRAM
Poll workers are essential to securing free and fair elections. Our state needs more Georgians to serve as poll workers committed to understanding election law, and skilled with technology. To serve as a poll worker in Georgia, you must be a U.S. citizen, at least 16 years old, and be able to read, write, and speak English. You can serve as a poll worker only in your county of residence or a different county if you are employed by that county.
Learn more about becoming a poll worker

IMPACT OF GEORGIA’S VOTER SUPPRESSION LAWS

How does this effect early in-person voting and drop boxes?

Early voting locations must be open on weekdays from 9am - 5pm. Counties have the option of extending early voting hours to a maximum of 7am - 7pm.
Two mandatory Saturdays of early voting. Sundays optional. Does not apply to runoff elections.
Prohibits early voting on observed state holidays or the day after, including Columbus/Indigenous Peoples' Day.
Prohibits mobile voting units without emergency authorization by the governor.
Dropboxes are limited in number and must be located inside early voting sites (or election offices) and can only be accessed by voters during early voting hours.
Voters with disabilities are limited in who can assist them with their ballot, allowing the state to make this important choice for these voters instead of allowing agency.

How does this affect voting by mail (VBM)?

Voters cannot apply for a VBM ballot until 78 days before an election.
Deadline to apply for a VBM ballot is 11 days before the election.
Voters must sign their VBM application with “pen and ink.”
When submitting a VBM ballot application, voters must provide their driver's license or State-issued ID card number, name, date of birth, registration and delivery addresses, and signed oath. In lieu of a DL/ID number voters must include a copy of valid identification.
The county election office can only mail out VBM ballots 25-29 days before a federal election.
SOS and county election offices cannot send voters VBM applications unprompted. Third-party groups cannot pre-fill a mailed application, must provide a disclaimer, and must also ensure that applications are only going to voters who have NOT already requested, received, or voted with a VBM ballot. The State may require third-party groups to pay $100 per duplicate VBM application.
Criminalizes someone other than the voter or an authorized person to handle or return a completed VBM application.

How does it affect election day voting?

In considering a poll hour extension, courts must apply a new legal standard when determining whether people were unable to vote. Poll hours may not be extended longer than the period voting was interrupted. Poll extensions beyond 9pm require a written order.
Out-of-precinct provisional ballots are ONLY counted if cast after 5pm and if a voter signs a sworn statement that they are unable to make it to their assigned polling place in time.

How does SB202 affect runoff elections?

Runoff elections (both state and federal) are held four weeks after an election rather than nine weeks, putting a huge burden on elections officials to certify results and run another election by the deadline.
Ranked Choice Voting (RCV) implemented for UOCAVA (1) voters ONLY.

How do SB202 and SB189 affect ballots, processing, and returns?

Under SB 202 Ballots must be printed on special security paper.
The election superintendent is authorized to begin ballot processing up to three weeks before an election.
The superintendent may order a duplication panel for defective ballots.
Superintendent must report returns of VBM ballots by 5pm the day after the election. Failure to meet the deadline may invite SEB performance review. Superintendent may not cease counting ballots. County elections must report the numbers of VBM ballots returned and early votes cast not later than 10am the next day during the early vote period.
Scanned ballot images (excluding sensitive information) are public records subject to disclosure.
Under SB 189, an even greater burden is placed on elections officials due to ballot counting requirements and increasing the prevalence of voter challenges.
The State placates conspiracy theorists, who believe to 2020 presidential election was invalid, through the implementation of several costly election administration adjustments:
- The requirement of ballots to be counted and tabulated based on text rather than QR codes;
- the requirement of absentee and advance ballots to be tabulated and reported within one hour of the closing of polls;
- and the allowance of certain counties to use hand marked paper ballots.

How does SB202 affect the county election and administration?

Bans outside funding and gifts to election offices (via election officials and superintendents).
Party and candidate-appointed poll watchers must receive training
Poll workers may serve in adjoining counties if their superintendent waives the residency requirement.
Precincts with more than 2000 electors AND lines lasting longer than one hour during the previous general election must be reduced in size and/or be provided with additional equipment and poll workers before the next general election.
250 electors per voting booth formula only applies to general elections. Superintendent can increase or decrease equipment allocation for non-general elections.
Any elector of a county may challenge the qualifications of any person(s) or their right to vote in an election. There is no limit on the number of challenges that can be raised. Failure to comply will invite SEB performance review.

How does SB202 affect the secretary of state (SOS) & state election board (SEB)?

SOS is no longer the chairperson of SEB and is now a non-voting member. The GA General Assembly elects the SEB chairperson.
SOS's office must provide all necessary support to the SEB if requested.
SEB may only adopt emergency rules or regulations in extreme circumstances. Allows the state legislature to overrule SEB emergency rules.
SEB can conduct investigations into county elections, which can be initiated by petition or by SEB.
County superintendents can be suspended by the SEB. SEB replacement operates county elections with full authority.
The state legislature has an outsized influence over state and county election administration and has the power to take over and strongarm county elections through control of the SOS and SEB.

How does SB189 deepen the issue of mass voter challenges?

The State’s definition of probable cause is unclear and creates confusion. This provision of the law is overly broad because there is no time limit on some of the listed causes for action, and it also does not describe what evidence specifically establishes probable cause for other causes.
As of July 1, 2024, the law could be read to codify unreliable data sources like VoteRef and Eagle AI to be used as evidence in a voter challenge case. This unreliable data could be used to unfairly sustain voter challenges.
The aforementioned provisions have become increasingly weaponized in recent elections, limiting access to the ballot.

How does SB 189 impact voter registration requirements?

The law disenfranchises unhoused people by requiring them to use the county registrar’s office as their mailing address. It’s unlikely these voters would properly receive notice if their vote were challenged.
Beginning in 2025, the United States Postal Service’s National Change of Address database will be used as qualifying information to determine a voter’s eligibility. However, the State has recognized that the NCOA data alone is insufficient to sustain a voter challenge.