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Jaydavidmartin
Georgia State Legislature
Full nameElection Integrity Act of 2021
House votedMarch 25, 2021
Senate votedMarch 8, 2021
Signed into lawMarch 25, 2021
Sponsor(s)Sens. Max Burns, Butch Miller, Michael Dugan, Frank Ginn, Lee Anderson, Randy Robertson, Jeff Mullis, John Albers, Larry Walker, Matt Brass, Jason Anavitarte, Marty Harbin, Billy Hickman, Dean Burke, Sheila McNeill, Brandon Beach, Bruce Thompson, Tyler Harper, Carden Summers, Chuck Payne, Chuck Hufstetler, Blake Tillery, John Kennedy; Rep. Barry Fleming
GovernorBrian Kemp
CodeElections
ResolutionSB 202
Websitehttps://www.legis.ga.gov
Status: Invalid Status "Passed"

The Election Integrity Act of 2021, originally known as Georgia Senate Bill 202, is a Georgia law overhauling state elections. It imposes voter identification requirements on absentee ballots, limits the use of ballot drop boxes, expands early in-person voting, bars officials from sending out unsolicited absentee ballot request forms, reduces the amount of time people have to request an absentee ballot, makes it a crime to give food or water to voters waiting in line, gives the state legislature greater control over election administration, and shortens runoff elections, among other provisions.[1][2]

The bill is part of a broader nationwide push by Republican lawmakers to make voting laws more restrictive following the 2020 presidential election, which was marred by a Republican effort to overturn the victory of Democratic candidate Joe Biden—focused in particular on Georgia and several other swing states—using false claims of widespread election fraud.[3][4][5][6] Additionally, it follows a major upset for Republicans in the traditionally red state after voters narrowly went for Democratic candidate Joe Biden in the presidential election and elected Democrats to both of the state's Senate seats.[7] According to the New York Times, the bill "will, in particular, curtail ballot access for voters in booming urban and suburban counties, home to many Democrats".[1]

Key provisions[edit]

Absentee voting[edit]

Ballot drop boxes[edit]

In response to the COVID-19 pandemic, officials in Georgia allowed the use of ballot drop boxes in the 2020 presidential election. The Election Integrity Act codifies the permanent use of drop boxes in general elections and mandates at least one box per county, but also places more onerous restrictions on their use.[7] Most notably, it limits additional drop boxes to either one per 100,000 registered voters or one per voting location, whichever is fewer; this caps the number of drop boxes in the four counties making up the core of the Atlanta metro area (Fulton County, Cobb County, DeKalb County, and Gwinnett County) at 23 (or fewer, depending on how many early-voting sites the counties provide)—significantly less than the 96 drop boxes the counties used in the 2020 election.[1] It also requires drop boxes to be located indoors in early voting locations and mandates that they only be accessible when those polling locations are open (in the 2020 election, drop boxes were available 24 hours per day, 7 days a week in a variety of locations), and closes drop boxes four days before Election Day, when turning absentee ballots into the US Post Office begins running the risk they will arrive at election offices late.[7]

Voter ID[edit]

The bill requires absentee voters to provide their driver's license number, last four digits of their Social Security number, or a photo copy of an accepted form of identification when requesting an absentee ballot.[8]

Absentee ballot requests[edit]

The act shortens the amount of time voters have to request absentee ballots by over half, pushing the beginning of the time period voters can request an absentee ballot from six months before the election to three months before[1] and moving back the deadline to request an absentee from four days before Election Day to eleven days before.[7] It also bars state and local officials from sending out unsolicited absentee ballot request applications to registered voters.[a][7]

Early in-person voting[edit]

The bill mandates three weeks of early in-person voting, including two Saturdays and the option of including two Sundays. This is likely to modestly expand early voting in rural counties.[1]

It also bans the use of mobile voting centers, which were utilized in Fulton County in the 2020 presidential election.[1]

Legislative control of election administration[edit]

The bill gives the state legislature greater control over election administration. Ordinarily, important administerial decisions like ballot disqualification and certification of results are made by county boards of elections.[9] Under the new law, the State Board of Elections is empowered to replace county boards with an administrator chosen at the state level if the State Board deems a county board to be performing poorly. It simultaneously gives the state legislature greater control over the State Board by replacing the Secretary of State as chair of the Board (he is made an ex-officio, nonvoting member[7]) with an official appointed by the legislature; the legislature already appoints two of the five seats on the board, so under the new law the legislature appoints a majority of the board.[10] According to the Atlanta Journal-Constitution, this enables "state takeovers of local election offices"—including deciding which ballots should be disqualified[10]—which could "change the outcome of future elections, especially if they’re as hotly contested as [the 2020 presidential election] between Democrat Joe Biden and Republican Donald Trump".[9]

The provision has been linked to unsuccessful attempts by Republicans to overturn election results in Georgia, especially in heavily Democratic counties like Fulton County, during the 2020 presidential election.[9] In that election, many Republican state lawmakers parroted unfounded allegations of widespread voter fraud, claimed that the State Board of Elections had exceeded its authority in approving certain new rules to make voting more accessible during the coronavirus pandemic, pushed for election results to be overturned, and attempted to call an emergency special legislative session to award the state's electoral votes in the Electoral College to Donald Trump.[11][12] As Zack Beauchamp explains in Vox, the bill "allows Republicans to seize control of how elections are administered in Fulton County and other heavily Democratic areas, disqualifying voters and ballots as they see fit".[10]

It has also been alleged that the provision removing the Secretary of State from the Board of Elections is targeted at Brad Raffensperger, the Republican Secretary of State who oversaw the 2020 election in Georgia and famously rebuffed attempts by Donald Trump and state lawmakers to overturn Georgia's election results.[10][1]

Runoff and primary elections[edit]

In Georgia, Senate elections employ a runoff system in which the top two candidates go to a second-round runoff election if no candidate receives over 50% of the vote in the first round. Additionally, prior to the passage of the Election Integrity Act, special Senate elections (elections held to replace a senator who has resigned or died) used nonpartisan blanket elections (also referred to as "jungle elections") in which all candidates, regardless of political party, ran against each other in the first round. The Election Integrity Act shortens the runoff election from nine weeks after the first round to four weeks (which has the effect of reducing early voting for the second round election to just a few days[7]) and replaces the nonpartisan blanket election in special elections with a standard partisan election preceded by party primary elections.[13] It would also prohibit new voters from being registered for the runoff.[14] According to the Atlanta Journal-Constitution, these provisions have the effect of making it more likely that the leading candidate in the first round will prevail in the runoff.[13]

The changes have been linked to the 2020 Georgia Senate elections,[b] in which the Democratic candidates unseated the incumbent Republicans, delivering a narrow Senate majority to the Democratic Party.[15] According to the Atlanta Journal-Constitution, had these changes been in place for the 2020 elections, they may have made it more likely that the Republican incumbents would have held their seats.[13] In particular, shortened runoffs would have shortened early voting, which benefited Democrats in the 2020 Senate races; and no nonpartisan blanket elections in the special election would have prevented the protracted intra-party battles between the leading Republican candidates Kelly Loeffler and Doug Collins, which diverted energy away from campaigning against Democratic candidate Raphael Warnock.[7]

Providing food and water[edit]

As part of a broader ban on giving out money or gifts to voters, the act makes it illegal to provide food or water to people waiting in line to vote.[16] Long lines are most common in poor, urban areas, which tend to vote more heavily for the Democratic Party.[1] Critics have argued that the provision disproportionately affects Black voters, who face longer lines on average.[17][18]

Polling location[edit]

Prior to the law, Georgia voters who mistakenly went to the incorrect polling location were allowed to cast provisional ballots (ballots that are set aside to verify eligibility). In the 2020 election, wrong polling location was by far the most common reason for casting a provisional ballot (and provisional ballots as a whole went much more heavily to Democratic candidate Joe Biden than the state as a whole).[1] The new law removes the option of casting a provisional ballot if the voter arrives at the wrong polling location prior to 5 pm and instead requires them to travel to the correct precinct.[1]

Private funding of elections[edit]

Many jurisdictions in Georgia, particularly those in poorer urban areas, rely on donations from outside organization like the Center for Tech and Civic Life to fund elections.[1] The bill prohibits these donations.

History[edit]

Main article: Republican efforts to make voting laws more restrictive following the 2020 presidential election § Georgia

The Republican effort to reform voting laws began in early January, when Georgia Republicans appointed state representative Barry Fleming, who as attorney of Hancock County had defended a controversial voter roll update that challenged the eligibility of nearly 20% of Sparta, Georgia's residents (almost all Black), to the chairmanship of the Georgia Special Committee on Election Integrity.[19] By late February, the first elections bill had cleared a chamber of the Georgia General Assembly.[20] Passed in the Georgia State Senate on February 23, 2021 in a nearly party-line vote, Senate Bill 67 would have require a photo ID when requesting an absentee ballot.

The first comprehensive election bill to be considered was House Bill 531, sponsored by Rep. Barry Fleming.[20] That bill would have restricted where ballot drop boxes can be located and when they can be accessed, required photo identification for absentee voting, shifted back the deadline to request an absentee ballot, made it a misdemeanor to hand out food or drink to voters waiting in line, and limited early voting hours on weekends, among many other changes.[21][22] Most controversially, it would have restricted early voting on Sundays, when Black churches traditionally run "Souls to the Polls" get-out-the-vote efforts.[23] House Bill 531 passed the House in a party-line vote on March 1, 2021.[24]

In the Senate, Senate Bill 202 first appeared as a small, 2-page bill to prohibit organizations from sending absentee ballot applications to voters who have already requested a ballot.[25] It passed in that form on March 8 (the day bills must pass at least one chamber of the Assembly to be further considered).

On March 17, 2021, with House Bill 531, Fleming's original comprehensive elections bill, now being considered in the Senate, word emerged that the 2-page Senate Bill 202 (now in the House) would be vastly expanded by Fleming into a 93-page omnibus bill.[26] As the end of March neared (the Georgia General Assembly adjourns on March 31), Republican efforts consolidated around the two omnibus bills.[27][28] Ultimately, on March 25, 2021, both chambers passed Senate Bill 202, christened the "Election Integrity Act of 2021".[2] It was signed into law by Governor Brian Kemp that evening.[2]

Reactions[edit]

Reactions to the bill have largely fallen along partisan lines, with Republicans supporting and Democrats opposing.

Backlash[edit]

In response to the bill, and after pressure from civil rights groups,[29] Major League Baseball (MLB) moved its 2021 All-Star game out of suburban Atlanta.[30] In a statement, MLB commissioner Rob Manfred stated, "Major League Baseball fundamentally supports voting rights for all Americans and opposes restrictions to the ballot box".[30] Georgia Governor Brian Kemp responded by claiming that the MLB caved to "fear, political opportunism, and liberal lies" and calling the decision an example of cancel culture.[31] On Twitter, voting rights activist and former Georgia gubernatorial candidate Stacey Abrams stated her disappointment over the decision, saying, "I don't want to see Georgia families hurt by lost events and jobs," while also stating she understood why it was made.[32]

Delta Airlines and The Coca-Cola Company, two companies based in Georgia, also issued statements denouncing the bill.[33] In response to the criticism by Delta Airlines (the state's largest employer), the Georgia House of Representatives passed a retaliatory bill ending a tax break on jet fuel; the bill failed in the state Senate.[34] Commenting on the Delta bill, state House Speaker David Ralston quipped, "You don't feed a dog that bites your hand".[33]

Support[edit]

Conservative publications and commentators have similarly voiced support for the bill. In the conservative magazine National Review, Dan McLaughlin defended the provision prohibiting people from handing out food and water to voters waiting in line, arguing it merely prevents electioneering.[35] In the Wall Street Journal,

Opposition[edit]

Voting rights groups, represented by Marc Elias, a lawyer frequently employed by the Democratic Party, quickly filed a lawsuit challenging the bill in federal court, arguing that it violates the Voting Rights Act of 1965 and the 14th Amendment to the United States Constitution by enacting "unjustifiable burdens" that disproportionately impact racial minorities, as well as young, poor and disabled voters.[36]

Democrats have also pointed to the bill as reason to pass the For the People Act, a federal voting rights bill that would make nullify a number of provisions in the Election Integrity Act.[37]

Civil rights groups have similarly criticized the bill. Richard Rose, president of the Atlanta NAACP, compared the bill to Jim Crow voting restrictions, saying that "the only thing that's missing out of this voting bill is a poll tax and the question of how many bubbles in a bar of soap and how many jelly beans in a jar".[38]

It has been broadly criticized by liberal political pundits. In New York Magazine, Ed Kilgore alleges that the bill is illustrative of a "determined effort by Republicans to restrict voting in order to claw back power";[39] Sarah Jones linked the bill to a broader "rot" in the Republican Party, one that "isn't interested in democracy";[40] In The Intercept, George Chidi criticized the limits to ballot drop box hours, arguing that "it effectively makes the use of the drop boxes impossible for people who work nontraditional hours".[38]

Notes[edit]

  1. ^ In the June 2020 Georgia primary election, Secretary of State Brad Raffensberger mailed every registered voter in the state an absentee ballot application. For the 2020 presidential election, he did not do the same, but several local government agencies—particularly urban ones—did mail voters absentee ballot request forms.[1]
  2. ^ Two Senate elections were held in Georgia in 2020: the regularly scheduled 2020 class II Georgia Senate election, in which incumbent David Perdue (R) was unseated by Jon Ossoff (D); and the 2020–21 United States Senate special election in Georgia to fill the seat vacated by Johnny Isakson (R), in which Raphael Warnock (D) defeated Kelly Loeffler (R), who had temporarily held the seat after being appointed by Governor Brian Kemp (R) following Isakson's resignation.

References[edit]

  1. ^ a b c d e f g h i j k l Corasaniti, Nick; Epstein, Reid J. (2 April 2021). "What Georgia's Voting Law Really Does". The New York Times.{{cite web}}: CS1 maint: url-status (link)
  2. ^ a b c Nadler, Ben; Amy, Jeff (25 March 2021). "Georgia Gov. Kemp signs GOP election bill amid an outcry". Associated Press.{{cite web}}: CS1 maint: url-status (link) Cite error: The named reference "AP-SB202" was defined multiple times with different content (see the help page).
  3. ^ Corasaniti, Nick; Epstein, Reid J. (23 March 2021). "G.O.P. and Allies Draft 'Best Practices' for Restricting Voting". The New York Times.{{cite web}}: CS1 maint: url-status (link)
  4. ^ Bacon, Perry (26 March 2021). "Why Georgia's New Voting Law Is Such A Big Deal". FiveThirtyEight.{{cite web}}: CS1 maint: url-status (link)
  5. ^ Montellaro, Zach (25 March 2021). "Georgia enacts law adding ID requirement to absentee voting". Politico.{{cite web}}: CS1 maint: url-status (link)
  6. ^ Mena, Kelly; Schouten, Fredreka; Gallagher, Dianne (25 March 2021). "Georgia Republicans speed sweeping elections bill restricting voting access into law". CNN.{{cite web}}: CS1 maint: url-status (link)
  7. ^ a b c d e f g h Greenwood, Max (26 March 2021). "Five big takeaways on Georgia's new election law". The Hill.{{cite web}}: CS1 maint: url-status (link)
  8. ^ McWhirter, Cameron (25 March 2021). "Georgia Mail-In Election Changes Signed Into Law by Governor". The Wall Street Journal.{{cite web}}: CS1 maint: url-status (link)
  9. ^ a b c Niesse, Mark (24 March 2021). "Georgia bill could shift power over elections to GOP appointees". The Atlanta Journal-Constitution.{{cite web}}: CS1 maint: url-status (link)
  10. ^ a b c d Beauchamp, Zack (26 March 2021). "Georgia's restrictive new voting law, explained". Vox.{{cite web}}: CS1 maint: url-status (link)
  11. ^ Wickert, David (12 March 2021). "Lawsuits failed, but bills may restrict Georgia voting". The Atlanta Journal-Constitution.{{cite web}}: CS1 maint: url-status (link)
  12. ^ Bluestein, Greg; Salzer, James (6 December 2020). "Kemp tells lawmakers they can't overturn results of Georgia's election". The Atlanta Journal-Constitution.{{cite web}}: CS1 maint: url-status (link)
  13. ^ a b c Niesse, Mark (22 March 2021). "Georgia bill would end long runoffs and free-for-all special elections". The Atlanta Journal-Constitution.{{cite web}}: CS1 maint: url-status (link)
  14. ^ Nadler, Ben; Amy, Jeff (26 March 2021). "EXPLAINER: What does Georgia's new GOP election law do?". Associated Press.{{cite web}}: CS1 maint: url-status (link)
  15. ^ Greenwood, Max (26 March 2021). "Five big takeaways on Georgia's new election law". The Hill. In a move that appears to be a thinly veiled response to the GOP's joint losses in the two Jan. 5 Senate runoffs, the new elections law in Georgia looks to get rid of the all-party primary system — often called "jungle primaries" — for special elections, while shortening the runoff election timeline by five weeks.{{cite web}}: CS1 maint: url-status (link)
  16. ^ Panetta, Grace (26 March 2021). "Georgia's new controversial voting law bans volunteers from delivering free water and snacks to voters in line". Business Insider.{{cite web}}: CS1 maint: url-status (link)
  17. ^ Schouten, Fredreka (26 March 2021). "Here's why voting rights activists say Georgia's new election law targets Black voters". CNN.{{cite web}}: CS1 maint: url-status (link)
  18. ^ Fowler, Stephen (17 October 2020). "Why Do Nonwhite Georgia Voters Have To Wait In Line For Hours? Too Few Polling Places". NPR.{{cite web}}: CS1 maint: url-status (link)
  19. ^ Wines, Michael (July 31, 2016). "Critics See Efforts by Counties and Towns to Purge Minority Voters From Rolls". The New York Times.{{cite web}}: CS1 maint: url-status (link)
  20. ^ a b Niesse, Mark (February 23, 2021). "Bill requiring ID for absentee voting passes Georgia Senate". The Atlanta Journal-Constitution.{{cite web}}: CS1 maint: url-status (link)
  21. ^ Nadler, Ben; Yoganathan, Anila (March 1, 2021). "Georgia House passes GOP bill rolling back voting access". Associated Press.{{cite web}}: CS1 maint: url-status (link)
  22. ^ Richards, Doug (March 1, 2021). "Georgia House passes GOP election bill that would add restrictions to voting process". 11 Alive.{{cite web}}: CS1 maint: url-status (link)
  23. ^ Scott, Eugene (February 24, 2021). "New Georgia legislation would curb 'souls to the polls'". The Washington Post.{{cite web}}: CS1 maint: url-status (link)
  24. ^ Niesse, Mark (March 22, 2021). "Georgia panel passes bill to limit drop boxes, expand weekend voting". The Atlanta Journal-Constitution.{{cite web}}: CS1 maint: url-status (link)
  25. ^ Niesse, Mark (March 9, 2021). "Bills to limit Georgia voting access reach legislative endgame". The Atlanta Journal-Constitution.{{cite web}}: CS1 maint: url-status (link)
  26. ^ Fowler, Stephen (17 March 2021). "Georgia House Committee Hears Newer, Bigger Voting Omnibus You Haven't Seen Yet". Georgia Public Broadcasting.{{cite web}}: CS1 maint: url-status (link)
  27. ^ Schouten, Fredreka; Mena, Kelly (March 22, 2021). "Putting 'cologne on Jim Crow': Georgia GOP lawmakers drive toward new voting restrictions". CNN.{{cite web}}: CS1 maint: url-status (link)
  28. ^ Fowler, Stephen (March 23, 2021). "What's Similar (And Different) About Georgia's Two Omnibus Voting Bills". Georgia Public Broadcasting.{{cite web}}: CS1 maint: url-status (link)
  29. ^ Drape, Joe (2 April 2021). "Georgia's Voting Law Puts Sports and Sponsors on the Spot". The New York Times.{{cite web}}: CS1 maint: url-status (link)
  30. ^ a b Draper, Kevin; Wagner, James; Epstein, Reid J.; Corasaniti, Nick (2 April 2021). "M.L.B. Pulls All-Star Game From Georgia in Response to Voting Law". The New York Times.{{cite web}}: CS1 maint: url-status (link)
  31. ^ Axelrod, Tal (April 2, 2021). "Georgia governor on MLB decision: League 'caved to fear' and 'liberal lies'". TheHill. Retrieved April 2, 2021.
  32. ^ Castronuovo, Celine (April 2, 2021). "Abrams disappointed All-Star Game moving, but proud of MLB stance". The Hill. Retrieved April 2, 2021.
  33. ^ a b Yamanouchi, Kelly; Bluestein, Greg; Kempner, Matt (31 March 2021). "Coke, Delta oppose Georgia's 'unacceptable' voting law". The Atlanta Journal-Constitution.{{cite web}}: CS1 maint: url-status (link)
  34. ^ Wilson, Reid (April 1, 2021). "GOP Georgia state legislators try to punish Delta after elections bill criticism". The Hill.{{cite web}}: CS1 maint: url-status (link)
  35. ^ McLaughlin, Dan (26 March 2021). "Joe Biden Botches the Georgia Voting Law". National Review.{{cite web}}: CS1 maint: url-status (link)
  36. ^ "Civil rights groups sue Georgia over new law restricting voting access". Axios. 26 March 2021.{{cite web}}: CS1 maint: url-status (link)
  37. ^ Peoples, Steve; Mascaro, Lisa (26 March 2021). "Democrats assail Georgia law, make case for voting overhaul". Associated Press.{{cite web}}: CS1 maint: url-status (link)
  38. ^ a b Chidi, George (26 March 2021). "Jim Crow Tactics on Full Display in Georgia as Black Legislator Arrested for Knocking on a Capitol Door". The Intercept.{{cite web}}: CS1 maint: url-status (link)
  39. ^ Kilgore, Ed (26 March 2021). "Georgia Republicans Take Revenge on Voting Rights". New York.{{cite web}}: CS1 maint: url-status (link)
  40. ^ Jones, Sarah (26 March 2021). "Republicans in Missouri and Georgia Turn Their Backs on Democracy". New York.{{cite web}}: CS1 maint: url-status (link)
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