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BumRushDaShow

(166,130 posts)
Fri Aug 18, 2023, 05:10 PM Aug 2023

Federal judge partially strikes down Georgia ban on giving people food and drink in voting lines

Source: 11Alive WXIA-TV Atlanta

ATLANTA — In a ruling Friday, a federal judge partially struck down a ban in Georgia on giving people food and water in voting lines. The ruling by Judge J.P. Boulee in Atlanta federal court upholds a 150-foot zone outside polling places where food and water or other drinks cannot be given out.

But Georgia's 2021 voting law also established a 25-foot zone around anyone in a voting line where food and water could also not be given out - basically turning a voting line, however far it might extend from the actual polling place, into a "no-go" zone. The struck down down that part of the law, classifying "line relief activities" in the zone as First Amendment protected "expressive conduct."

The 2021 law - S.B. 202, passed by Georgia's Republican-controlled legislature in the aftermath of the outcry about former President Trump's loss in the 2020 election in Georgia - had created a misdemeanor penalty that carried with it up to a year in jail for giving out food and drink in the restricted zones.

A second, more narrow ruling Friday by Judge Boulee also struck down a provision of S.B. 202 concerning absentee ballot envelopes. The ruling will prevent the state "from rejecting absentee ballots based on any error or omission relating to the Birthdate Requirement" on absentee ballot return envelopes.


Read more: https://www.11alive.com/article/news/politics/georgia-voting-law-sb-202-ban-on-food-water-voting-lines-struck-down/85-9d04ca98-9b48-4b0a-9595-910080b817ed



I heard this on Nicole's program from Marc Elias who was on as a guest, and it seems like the media has just not gotten around to it with everything else going on. But yay!

Here is an excerpt if the ACLU press statement -

Press Releases ›
Federal Court Sides with Civil Rights Groups and Lifts Georgia’s Ban on Line Relief and Birthdate Requirement on Absentee Ballot Envelopes for 2024 Elections

August 18, 2023 6:00 pm

Media Contact
media@aclu.org
(212) 549-2666
125 Broad Street
18th Floor
New York, NY 10004
United States

ATLANTA — A federal court in the Northern District of Georgia issued rulings today in response to emergency motions filed by civil rights groups to lift restrictions put in place by Georgia’s anti-voter law, Senate Bill 202 (S.B. 202), for the 2024 elections.

The rulings blocked portions of the bill that ban Georgians from providing food and water to voters waiting in lines more than 150 feet from the polls, and that require voters to unnecessarily include their birthdate on absentee ballot envelopes.

The challenged portions of SB 202 added impediments to voting that made it harder for all Georgians to vote, particularly voters of color. The lawsuit — Sixth District of the African Methodist Episcopal Church v. Kemp — was filed in 2021.

The court sided with the plaintiffs in ruling that Georgia’s ban on providing food and water to voters waiting in lines farther than 150 feet from the polls likely violated their First Amendment right to free expression. Groups and individuals may now provide relief to voters in the 2024 elections who are waiting in long lines that stretch more than 150 feet from the polling location entrance.

The court also struck down, for purposes of the 2024 elections, the requirement that Georgia voters provide their birthdate on their absentee ballot envelope or have their ballot rejected.

(snip)

More: https://www.aclu.org/press-releases/federal-court-sides-with-civil-rights-groups-and-lifts-georgias-ban-on-line-relief-and-birthdate-requirement-on-absentee-ballot-envelopes-for-2024-elections
31 replies = new reply since forum marked as read
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Federal judge partially strikes down Georgia ban on giving people food and drink in voting lines (Original Post) BumRushDaShow Aug 2023 OP
Gop has once again lost its god damned mind. GreenWave Aug 2023 #1
It's starting to appear as if they never had one. SouthernDem4ever Aug 2023 #29
Awesome news!!! iluvtennis Aug 2023 #2
It's a decent compromise. forgotmylogin Aug 2023 #5
+ 1 nt pazzyanne Aug 2023 #14
Marc elias is a national treasure! questionseverything Aug 2023 #3
Indeed he is! PortTack Aug 2023 #8
THE CRUELTY IS THE POINT Leghorn21 Aug 2023 #4
Watch, they'll try to hand out Trump Water. Qutzupalotl Aug 2023 #6
This law should never have been passed in the first place. ificandream Aug 2023 #7
Now is that 150 feet Old Crank Aug 2023 #9
How many must die? BidenRocks Aug 2023 #10
What ? !! Fullduplexxx Aug 2023 #11
It sounds like they don't want anyone approaching voters BumRushDaShow Aug 2023 #12
Probably because the way isn't considered too long. LeftInTX Aug 2023 #16
Both Texas and California have a 100 ft marker rule. LeftInTX Aug 2023 #15
Very obvious that we need another Voting Rights Act, hopefully we'll get it & a lot more after 24 2live is 2fly Aug 2023 #13
How about increasing the number of election booths/districts? Marcuse Aug 2023 #17
The gop was clever in putting the food and drink thing into the law. Politicub Aug 2023 #18
Remember, it's not "the people" suing but lawyers for Civil rights organizations suing BumRushDaShow Aug 2023 #19
That's a good point. Politicub Aug 2023 #20
This suit had originally been filed back in 2021 (they sued based on Sect. 2 of the VRA) BumRushDaShow Aug 2023 #21
Thanks for educating me and Politicub Aug 2023 #24
And thank you for some things to think about BumRushDaShow Aug 2023 #25
People in the 150 foot zone may have already been in line for 8 hrs. Bayard Aug 2023 #22
Well the whole "25ft" thing was thrown out BumRushDaShow Aug 2023 #23
Ahhh.... Bayard Aug 2023 #26
I had to read multiple articles and info about the original suit BumRushDaShow Aug 2023 #27
One of the most egregious assaults on people in long lines trying to vote....nt Evolve Dammit Aug 2023 #28
Can people step out of line temporarily (hold my place), and walk 26, or whatever, ft to get water a keithbvadu2 Aug 2023 #30
They should have no standing as the only "harm" is their loss. live love laugh Aug 2023 #31

forgotmylogin

(7,942 posts)
5. It's a decent compromise.
Fri Aug 18, 2023, 06:20 PM
Aug 2023

I understand not giving anything away within a set radius of the polling location, but that zone should not extend to an extremely long line when folks are nowhere near the entrance and are waiting for hours.

Leghorn21

(14,025 posts)
4. THE CRUELTY IS THE POINT
Fri Aug 18, 2023, 06:20 PM
Aug 2023

Marc Elias is THE MAN, and his efforts in the face of these years of assault and misery have been Herculean!!

ificandream

(11,709 posts)
7. This law should never have been passed in the first place.
Fri Aug 18, 2023, 07:44 PM
Aug 2023

Repughs want to make voting harder because they know they'll lose if they don't.

Old Crank

(6,689 posts)
9. Now is that 150 feet
Fri Aug 18, 2023, 08:16 PM
Aug 2023

In straight line from the door or 250 feet of line like the Disney back and forth lines?.. Those could be much longer in reality.

Fullduplexxx

(8,605 posts)
11. What ? !!
Fri Aug 18, 2023, 08:36 PM
Aug 2023

The struck down down that part of the law, classifying "line relief activities" in the zone as First Amendment protected "expressive conduct."

Is this saying you can't have water within the150ft buffer but you can before then.

BumRushDaShow

(166,130 posts)
12. It sounds like they don't want anyone approaching voters
Fri Aug 18, 2023, 09:43 PM
Aug 2023

who are 150ft or less from the entrance. Beyond that, the courts threw it out. Apparently the original restriction was for anyone in line, no matter how long.

(ETA - it seems unclear about short lines as the court indicated that being in line was a "free speech zone" in any case)

LeftInTX

(34,015 posts)
16. Probably because the way isn't considered too long.
Sat Aug 19, 2023, 12:01 AM
Aug 2023

We have 100 ft markers in Texas. They also have them in CA.
Once you're within the 100 ft marker the wait isn't that long.


I think even in GA family members can bring water. Also the election site could provide water receptacles.

LeftInTX

(34,015 posts)
15. Both Texas and California have a 100 ft marker rule.
Fri Aug 18, 2023, 11:58 PM
Aug 2023

In Texas, family members and friends can probably provide water within 100 feet, but to be honest by the time you are there, you don't have to wait that long. Outside groups can approach voters outside the 100 ft marker.

Marcuse

(8,817 posts)
17. How about increasing the number of election booths/districts?
Sat Aug 19, 2023, 09:55 AM
Aug 2023

I’ve been voting for 50 years in NYS and have NEVER had to wait in line. This is ridiculous.

Politicub

(12,327 posts)
18. The gop was clever in putting the food and drink thing into the law.
Sat Aug 19, 2023, 10:01 AM
Aug 2023

That’s because it has become a distraction from the more insidious threats to democracy in the law, like the state swooping in to take over local election boards.

I don’t ever remember anyone handing me food or water in a voting line, so I don’t get the point of worrying about this part of law. It’s bizarre.

The republicans know it’s easier to get people focused on something that doesn’t really matter (water) than the real meat of the law.

On edit: I live in Georgia and have waited in some hellaciously long lines until I started voting by mail.

BumRushDaShow

(166,130 posts)
19. Remember, it's not "the people" suing but lawyers for Civil rights organizations suing
Sat Aug 19, 2023, 10:20 AM
Aug 2023

So it's not a "distraction" for those orgs (like the ACLU) as they are usually targeting the whole thing in a suit.

I saw this morning that a court threw out a portion of a TX law around the same time as this GA suit, that required voters to include the original "Voter Registration number" that they were assigned when they first registered to vote, on their mail ballot. That was deemed completely irrelevant as a need to actually vote, but sadly, thousands of voters had their mail ballots invalidated in the last election because they couldn't remember what their Voter registration number might have been from decades ago and/or it didn't "match" to a driver's license number or last 4 digits of a SS# in the records.

BumRushDaShow

(166,130 posts)
21. This suit had originally been filed back in 2021 (they sued based on Sect. 2 of the VRA)
Sat Aug 19, 2023, 10:51 AM
Aug 2023

(ACLU's summary of it and all the litigants)

Press Releases ›

Civil Rights Groups Sue Georgia Over New Sweeping Voter Suppression Law


Case: Sixth District of the African Methodist Episcopal Church v. Kemp
March 30, 2021 8:00 am

Media Contact
media@aclu.org
(212) 549-2666
125 Broad Street
18th Floor
New York, NY 10004
United States


ATLANTA — Civil rights groups have filed a new federal lawsuit against Georgia’s sweeping law that makes it much harder for all Georgians to vote, particularly voters of color, new citizens, and religious communities.

The American Civil Liberties Union, ACLU of Georgia, NAACP Legal Defense and Educational Fund, Inc. (LDF), Southern Poverty Law Center (SPLC), and law firms WilmerHale and Davis Wright Tremaine brought the case on behalf of the Sixth District of the African Methodist Episcopal Church, Georgia Muslim Voter Project, Women Watch Afrika, Latino Community Fund Georgia, and Delta Sigma Theta Sorority, Inc.

The law being challenged is S.B. 202, which was passed by the Georgia House of Representatives and Senate and signed by Gov. Brian Kemp in under seven hours last Thursday. These elected officials’ actions follow the 2020 presidential election and the 2021 runoff elections for two seats to the U.S. Senate that saw record turnout of voters, particularly Black voters, in Georgia.

The elections were celebrated not just for their turnout, but also for their integrity, with Georgia officials praising them as safe and secure. But rather than act to expand participation in the political process, Georgia leaders responded by doing what they have done many times in the state’s history: they placed burdensome, unjustified, and unnecessary restrictions on voters, particularly voters of color and other historically disenfranchised communities.

The lawsuit challenges multiple provisions in S.B. 202, including the:

  • ban on mobile voting
  • new narrow identification requirements for requesting and casting an absentee ballot
  • delayed and compressed time period for requesting absentee ballots
  • restrictions on secure drop boxes
  • out-of-precinct provisional ballot disqualification
  • drastic reduction in early voting in runoff elections
  • perhaps most cruelly, ban on “line warming,” where volunteers provide water and snacks to Georgians, disproportionately those of color, who wait in needlessly long lines to cast their vote


  • These provisions, the lawsuit charges, violate Section 2 of the Voting Rights Act, and infringe on Georgians’ rights under the First, Fourteenth, and Fifteenth Amendments to the United States Constitution.

    (snip)

    https://www.aclu.org/press-releases/civil-rights-groups-sue-georgia-over-new-sweeping-voter-suppression-law


    Politicub

    (12,327 posts)
    24. Thanks for educating me and
    Sat Aug 19, 2023, 12:06 PM
    Aug 2023

    allowing me to vent. Lol.

    I reacted to the headline, but the story that lies beneath is more interesting. I had the same knee-jerk reaction and I get it when people talk about voter ID laws, too.

    The voter Id proponents make it sound like the law just is about producing an ID at the polling place. People do indeed have challenges with IDs, and that part of the law should be challenged. But what happens is the general public ignores the rest of the voter suppression parts of the law.

    Thanks for a good discussion!

    BumRushDaShow

    (166,130 posts)
    25. And thank you for some things to think about
    Sat Aug 19, 2023, 01:38 PM
    Aug 2023

    because I vent too and it can be like this at home -





    I know here in PA, the loons in the legislature like to do copycat stuff and they had even started at it again by taking hostage of the state budget, although some realized that Democrats now controlled the state House as well as the governor's mansion and the state Supreme Court, so they finally yielded.

    They have been trying to put in the draconian voter suppression provisions and repeal the very mail voting that they almost unanimously passed back in 2019 (except for 1 (R) who voted no), and only because PA flipped back to blue in 2020 thanks to those ballots (that's all I use now).

    Bayard

    (28,724 posts)
    22. People in the 150 foot zone may have already been in line for 8 hrs.
    Sat Aug 19, 2023, 11:09 AM
    Aug 2023

    Does this mean if you can lob a bottle of water 25 ft, its okay? If its 150 ft, can you use a catapult?

    BumRushDaShow

    (166,130 posts)
    23. Well the whole "25ft" thing was thrown out
    Sat Aug 19, 2023, 11:32 AM
    Aug 2023

    because the way it was written, that zone actually had no boundaries and was like an empty subset zone within the "150ft" restriction. And the "150ft" part was bogus too because not only was anything handed out there banned, but apparently anything beyond the 150ft was as well, and that's when the "First Amendment" hammer came down.

    So it sounds like a 150ft-from-the-entrance "zone" has been established and no one can come in that area except the voters.

    It seems the insidious idea was to remove the possibility of "electioneering" at the polls and they wanted to give the false impression that providing food and water to people in line was "electioneering".

    BumRushDaShow

    (166,130 posts)
    27. I had to read multiple articles and info about the original suit
    Sat Aug 19, 2023, 05:18 PM
    Aug 2023

    to figure out what was going on. I have a feeling that the "25ft" zone was probably a legacy thing to bar electioneering within that area from the poll entrance.

    But then when they saw how the turnout had gone nuts during the 2020 Presidential and Senate special elections, where voting rights activists were helping to keep people motivated and hydrated, the spite legislation to scuttle that in the future came into play (including finding a way to bar people from making sure there were no medical emergencies happening among people standing in long lines), all so they could "get rid of a 'Democrat Party' (sic) vote" ).

    One of my cousins lives down there and was one of the poll workers in DeKalb County just outside of Atlanta.

    The original suit was filed in March 2021 so you can put 2 + 2 together for how fast the GA state legislature had put the law into effect (and this lawsuit was filed not long after). The run-off election for Raphael Warnock was Jan. 5, 2021, a couple days after the 117th Congress gavelled in for a new session, and his success brought the tally to a tie, where VP Harris would be counted as "#51", throwing the Senate control to Democrats (which itself took almost a month to resolve because Turtle was going to use every means necessary to thwart giving up his power ).

    I had found a summary about the original suit at ACLU's page and posted about it upthread - https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3117410

    keithbvadu2

    (40,915 posts)
    30. Can people step out of line temporarily (hold my place), and walk 26, or whatever, ft to get water a
    Sat Aug 19, 2023, 08:56 PM
    Aug 2023

    Can people step out of line temporarily (hold my place), and walk 26, or whatever, ft to get water and a sandwich?

    If a church was to hand out free water/food, would they be arrested for practicing acts of Christian charity?

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