Voting Rights Advocates File Lawsuit to Stop Voter Purges and Challenge Georgia Senate Bill 189

August 1, 2024

Atlanta, Georgia—Advancement Project, Arnold & Porter, and the Law Office of Bryan L. Sells has filed suit on behalf of New Georgia Project and A. Philip Randolph Institute against Georgia Secretary of State Brad Raffensperger, the Georgia State Elections Board, and several county election officials. The suit challenges Senate Bill 189 and seeks to prevent eligible voters from being wrongfully purged from the rolls. SB189, passed by the Georgia legislature earlier this spring, makes it easier to remove voters from the rolls based on mass residency-based voter challenges, potentially barring thousands of Georgia voters from the polls in November.  The bill also forces unhoused voters who lack a permanent address to receive all their election mail from their county registrar’s office, even if they live far away and have no means to travel to obtain it. The new lawsuit alleges that these provisions of SB189 violate the National Voter Registration Act of 1993 and U.S. Constitution.

Read the full complaint here.

After the 2020 election, state policymakers enacted a series of sweeping restrictive voting laws across the country to suppress voters, often targeting Black voters and other marginalized voters. For example, Georgia Senate Bill 202, passed in 2021, makes it more difficult for voters to cast ballots. The bill restricts early voting and the use of ballot drop boxes. It also makes it more difficult to cast mail-in ballots. It also made line-warming, a tactic used by election volunteers to provide water or food to people waiting in long voting lines, illegal. The law also massively expanded the number of voter challenges that can be filed. With SB189 in effect, Georgia voters will have to contend with additional, needless voting restrictions.

“SB189 is just another attempt by our state government to curtail the power of Black, young, and other historically marginalized voters after they showed up in unprecedented numbers in 2020 to determine the future of our state and our country. These voters have demonstrated their power, and laws like SB189–which allows literally anyone in Georgia to challenge the status of any voter just because they feel like it–are so obviously attempts to suppress the vote of Georgia’s growing majority. These voters will no doubt turn out again to decide the high-stakes 2024 Presidential Election. They know their power and the latest attacks on their freedom to vote will not stop them from showing up in November,” says Stephanie Jackson Ali, Policy Director, of New Georgia Project.

“Senate Bill 189’s onerous mass challenge and unhoused voter mailing address provisions are a textbook violation of the National Voter Registration Act,” says John Powers, Director of the Power & Democracy Program at Advancement Project.  “Georgia has passed a law that turns back the clock by making it easier to remove eligible voters from the rolls and needlessly punishes unhoused voters who cannot travel to a county office to access their election mail.  We will continue to use every available tool to protect the right to vote and to ensure that all voters’ voices are heard.”

“By challenging SB189, we are ensuring that voting is fair, free and accessible. We are proud to stand with our clients and co-counsel to protect the right of people to participate in our democracy and express themselves at the ballot box,” states John A. Freedman, Arnold & Porter’s Senior Pro Bono Counsel.

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Advancement Project is a cutting-edge, no-holds-barred national organization whose team members are dedicated to building local power in communities of color. Centered on a movement lawyering approach, defined as community-centered racial justice lawyering, Advancement Project supports grassroots organizations working to eliminate oppressive structures in our laws and institutions and shift narratives towards transformative change. By fighting for liberatory public education, protecting and expanding our right to vote, and supporting community-led public safety that affirm the dignity and humanity of people of color, Advancement Project advances real change from the ground up.

New Georgia Project (NGP) is a nonprofit, nonpartisan civic engagement organization believes in the inherent power of Georgians that have been ignored and underestimated for too long: Black Georgians, brown Georgians, young people, LGBTQ+ folks, rural Georgians, and others who have the power to move our state forward. NGP builds power with and increases the civic participation of the New Georgia Majority through nonpartisan voter registration, protecting the right to vote, organizing, and advocacy on the issues important to our communities.

Arnold & Porter combines sophisticated regulatory, litigation, and transactional capabilities to resolve clients’ most complex issues. With over 1,000 lawyers practicing in 15 offices worldwide, we offer deep industry experience and an integrated approach that spans more than 40 practice areas. Through multidisciplinary collaboration and focused industry experience, we provide innovative and effective solutions to mitigate risks, address challenges, and achieve successful outcomes.