State: Georgia
Filed: 2021
Court: U.S. District Court for the Northern District of Georgia
Plaintiffs: Sixth District of the African Methodist Episcopal Church, Delta Sigma Theta Sorority Inc., Georgia Muslim Voter Project, Women Watch Afrika, Latino Community Fund Georgia, Southern Christian Leadership Conference, The Arc Georgia, Georgia Advocacy Office, and Georgia ADAPT.
Defendants: Governor Brian Kemp and other state and local election officials
Counsel: Southern Poverty Law Center, ACLU, NAACP Legal Defense Fund, Wilmer Hale, Davis Wright Tremaine, The Arc of the United States
Overview: After Georgia voters turned out in record numbers for the 2020 presidential election and U.S. Senate elections in early 2021, state legislators passed a sweeping – and unconstitutional – voting law that threatened to massively disenfranchise voters, particularly voters of color and voters with disabilities. This lawsuit challenges multiple provisions of the law, also known as SB 202, including the following items.
- A ban on “line warming,” where volunteers provide water and snacks to people waiting in long lines to vote, a common occurrence at precincts with a large population of voters of color.
- A severe restriction on the use of mobile voting units, which have been used to address a shortage of accessible and secure polling locations that previously resulted in long lines of voters at existing and traditional polling locations.
- Additional and onerous identification requirements for requesting and casting an absentee ballot.
- A compressed period for requesting absentee ballots.
- Restrictions on the use of secure ballot drop boxes.
- Disqualification of provisional ballots cast in a voter’s county of residence but outside the voter’s precinct before 5 p.m. Previously, votes for all the races to which the person was eligible to vote on that precinct’s provisional ballot were counted.
- A drastic reduction of early voting in runoff elections.
Voters with disabilities have received scant attention in Georgia’s battles over voting rights but have borne the brunt of historical and continuing discrimination and neglect in all spheres of public life. Rather than celebrating the strong turnout in the 2020 general election and runoffs, S.B. 202 doubles down on making voting even more inaccessible for the disability community.
The law was debated and passed by both houses of the Georgia Legislature and signed by Governor Brian Kemp, all in under seven hours. The legislation was passed despite state officials praising the recent elections for their integrity, safety, and security. The lawsuit describes how the law violates voter protections under the 14th and 15th Amendments as well as Section 2 of the Voting Rights Act, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act.
The plaintiffs represented in the case include organizations whose get-out-the-vote activities will be negatively impacted by SB 202 and people most directly affected, such as Black voters, new citizens, religious communities, and people with limited English proficiency.
Case Documents
First Amended Complaint
Plaintiffs Opposition to State Defendants’ Motion to Dismiss
Order Denying Motion to Dismiss
Motion for Preliminary Injunction on ADA Claims
Declarations in Support of Motion for Preliminary Injunction on ADA Claims
Expert Report of Dr. Lisa A. Schur
Plaintiffs Reply Brief on Motion for a Preliminary Injunction on ADA Claims
Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Additional Provisions
Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Jurisdiction
Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Absentee Ballot Claims
Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Drop Box Provisions
Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment on Changes in Timing
Statement of Interest of the United States
Case Resources
Southern Poverty Law Center Case Page
Southern Poverty Law Center: Nonprofit that helps people with disabilities cast ballots joins SPLC suit against voter suppression law
Webinar: “Battle for Representation: A Fight to Protect and Expand Access to the Ballot” | Webinar Transcript
Press Releases
Georgia-based Disability Rights Groups Join Fight Against Georgia’s Anti-Voter Law S.B. 202
Federal Court Allows Lawsuit Challenging Georgia’s Voter Suppression Law to Proceed
Voting and Civil Rights Groups Challenge Inequity in Access to Voting Under Georgia Law
Related Media
Huffington Post: Disability Rights Groups Join Lawsuit Over Georgia Voter Suppression Law
Blackstar News: Disability Rights Groups Join Fight Against Georgia’s Anti-Voter Law S.B. 202
New York Times: G.O.P. Bills Rattle Disabled Voters: ‘We Don’t Have a Voice Anymore’
2021 Talks: Disability advocates fight Georgia’s new voting law
Newsweek: Trump-Appointed Judge Says 8 Lawsuits Challenging Georgia’s New Election Law Can Proceed
The Hill: Judge clears way for legal challenge to Georgia’s restrictive voting law
The Atlanta Journal-Constitution: Judge denies attempts to dismiss lawsuits over Georgia voting law
Pew: Voters with Disabilities Face New Ballot Restrictions Ahead of Midterms
The Arc Georgia’s Grassroots Connectors (Video)
USA Today: New election laws could create barriers for voters with disabilities
CNN: How new voting restrictions threaten ballot access for disabled voters
Southern Poverty Law Center: Voting Rights Organizations Move to Block Provisions in Georgia’s Anti-Voter Law in 2022 Election Cycle
Time: Millions of Georgians Have Voted. It Hasn’t Been Easy for Everyone
ACLU: Here’s How Georgia’s New Voting Law Harms Voters With Disabilities
