Ten months after Georgia officials said they would take steps to ensure that counties were correctly handling massive numbers of challenges to voter registrations, neither the secretary of state’s office nor the State Election Board has done so.
In July 2023, ProPublica reported that
election officials in multiple Georgia counties were handling citizens’ challenges to voter registrations in different ways, with some potentially violating the National Voter Registration Act.
Instead of fixing the problem, the Republican-controlled Georgia legislature passed SB 189 at the end of March. The bill’s authors claim that it will help prevent voting fraud, while voting rights advocates warn that it could make the issue worse. Gov. Brian Kemp
signed it into law on Monday.
“I see this as being pro-America, pro-accuracy, pro-transparency and pro-election integrity,” state Rep. John LaHood said of the bill, which he worked to help pass. “I don’t see it being” about voter suppression “whatsoever.”
When it takes effect in July, SB 189 will make it easier for Georgia residents to use questionable evidence when challenging fellow residents’ voter registrations. Voting rights activists also claim that the law could lead county officials to believe they can approve bulk challenges closer to election dates.
“It’s bad policy and bad law, and will open the floodgates to bad challenges,” said Caitlin May, a voting rights attorney for the American Civil Liberties Union of Georgia, which has
threatened to sue over what it says is the law’s potential to violate the NVRA.
ProPublica previously reported on how
just six right-wing advocates challenged the voter registrations of 89,000 Georgians following the 2021 passage of a controversial law that enabled residents to file unlimited voter challenges. We also revealed that county election officials may have been systematically approving challenges too close to election dates, which would violate the NVRA.
The Georgia secretary of state’s office said at the time that it was “thankful” for information provided by ProPublica, that it had been working on “uniform standards for voter challenges” and that it had “asked the state election board to provide rules” to help election officials handle the challenges. And the chair of the State Election Board told ProPublica last year that though the board hadn’t yet offered rules due to the demands of the 2022 election, “now that the election is over, we intend to do that.”
With the new law soon to be in effect, the State Election Board is determining its next steps. “We’re going to probably have to try and provide some instruction telling” election officials how to respond to SB 189, said John Fervier, who was appointed chair in January after the former chair stepped down. “I don’t know if that will come from the State Election Board or from the secretary of state’s office. But we’re one day past the signing of the legislation, so it’s still too early for me to comment on what kind of instruction will go out at this point.”
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