Georgia has been a hotbed of controversy surrounding election laws since Stacey Abrams’ narrow loss to Brian Kemp in 2018. Tensions escalated in 2021 when Republicans, influenced by false claims of election fraud from Donald Trump and his supporters, passed a law imposing new restrictions on voters. With a potential rematch between Trump and President Joe Biden looming, Georgia has once again revised its election laws. Most recently, a bill allowing challenges to voter eligibility for the purpose of removing individuals from the voting rolls was passed by Republican lawmakers and awaits Kemp’s decision.
The new bill would enable citizens to challenge the eligibility of voters in an effort to weed out duplicate records and individuals who have moved out of state. Supporters argue that these challenges are necessary to prevent fraud, while opponents fear misuse of data and potential suppression of legitimate voters. The use of impersonal data sources like the National Change of Address list has allowed for the mass-challenging of voters, with groups like True the Vote challenging hundreds of thousands of voters prior to recent elections.
Republican activists advocating for voter challenges argue that the current process of removing voters from the rolls is too lengthy and allows for potential fraud. However, opponents view these mass challenges as disruptive and potentially discriminatory, particularly targeting younger and poorer voters, including African Americans. Groups like Fair Fight Action, founded by Stacey Abrams, have criticized the challenges as an attempt to sway elections in favor of Republicans by suppressing Democratic-leaning voters.
The new bill outlines probable causes for removing voters from the rolls, including death, evidence of voting in another jurisdiction, or a nonresidential address. However, there are concerns about the reliability of certain data sources, such as the National Change of Address list, and the potential impact on homeless voters. Opponents worry that legitimate voters could be mistakenly removed from the rolls, leading to legal challenges under the National Voter Registration Act.
Receiving a voter challenge letter in the mail can be a frightening experience for individuals, and they may be required to attend county meetings to defend their eligibility. While a federal judge ruled that challenges do not constitute illegal intimidation under the Voting Rights Act, concerns remain about the potential impact on voter participation. The ACLU of Georgia has threatened to sue if Kemp signs the bill into law, citing violations of the National Voter Registration Act and potential suppression of voters ahead of a federal election. The bill would allow challenges to be accepted and voters removed from the rolls up to 45 days before an election, raising further concerns about the timing and impact on voter participation.
