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Georgia Governor Brian Kemp Signs SB 202 Voting Bill

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Important Notes:

The Brennan Center for Justice tracks and maintains a comprehensive list of all the current voting bills and proposals for each U.S. state. The list is broken into two parts - one for "Bills Restricting Voting Access" and the other for "Bills Expanding Voting Access." View the list here.

To view links to news articles about other voting laws in other states, see the "More" section at the bottom of this post.

Apr 27, 2022:

Georgia's Kemp signs bill creating new voter fraud probe powers | The Hill

Dec 9, 2021:

Judge clears way for legal challenge to Georgia's restrictive voting law | The Hill

Nov 4, 2021:

https://www.reuters.com/world/us/us-doj-files-lawsuit-against-texas-over-voting-curbs-law-2021-11-04

Aug 23, 2021:

Judge rules against Georgia election law's photo ban | The Hill

Jun 26, 2021:

https://www.vox.com/2021/6/26/22550825/justice-department-georgia-voter-suppression-merrick-garland-voting-rights-act-united-states

Jun 25, 2021:

Department of Justice sues Georgia over voting law | The Hill

Jun 10, 2021:

North Carolina county reverses course, ends coke machine ban | The Hill

Jun 4, 2021:

North Carolina county bans Coke machines over company's criticism of Georgia voting law | The Hill

May 5, 2021:

'What's really going on down in Georgia | The Hill

Apr 29, 2021:

'Woke cancel culture movement' backfired on Joe Biden, Stacey Abrams: Gov. Kemp | The Hill

Apr 21, 2021:

Abrams goes viral for response to GOP senator's question on Georgia law | The Hill

Apr 6, 2021:

Atlanta mayor issues order to expand ballot access | The Hill

Abbott: Texas companies 'need to stay out of politics' | The Hill

The GOP's flailing response to the Georgia voting law backlash shows how lost the party is | Business Insider

Trump Burns GA Gov. Brian Kemp Over State's Controversial New Election Laws… Because They Didn't 'Go Further'| Mediaite

Apr 5, 2021:

United Airlines released a statement via Twitter about voting and U.S. elections, part of which says the following:

Some have questioned the integrity of the nation's election systems and are using it to justify stricter voting procedures, even though numerous studies have found zero credible evidence of widespread fraud in U.S. elections.

Legislation that infringes on the right to vote of fellow Americans is wrong. We believe that leaders in both parties should work to protect the rights of eligible voters by making it easier and more convenient for them to cast a ballot and have it counted.

Source:

Gangitano, Alex. (April 5, 2021). "United Airlines slams 'legislation that infringes on the right to vote'". The Hill. Retrieved 2021-04-05

War over voting laws further corrodes trust in elections | The Hill

Public Citizen: Coca-Cola, AT&T gave nearly $1M to legislators backing voting restrictions | The Hill

Apr 4, 2021:

Christie: Biden lying about Georgia voting bill | The Hill

Some Georgia GOP legislators want Coca-Cola products removed from offices | The Hill

Apr 3, 2021:

Kemp: Voting law 'worth the boycotts as well as the lawsuits' | The Hill

Georgia county says removal of All-Star Game will cost tourism $100M | The Hill

Trump calls for Republicans to boycott companies amid voting law controversy| The Hill

Apr 2, 2021:

Major League Baseball (MLB) Commissioner Robert Manfred released a statement saying he is moving the 2021 MLB all-star game and the 2021 MLB draft from Georgia to a different state in protest of SB 202.

Source:

Axelrod, Tal. (April 2, 2021). "MLB pulls All-Star Game out of Georgia over voting reform law". The Hill. Retrieved 2021-04-14

Georgia governor on MLB decision: League 'caved to fear' and 'liberal lies' | The Hill

Republicans blast MLB for moving All-Star Game | The Hill

Trump calls for boycott of MLB for moving All-Star Game | The Hill

Apr 1, 2021:

James Quincey, Chairman and CEO of Coca-Cola, released a statement about Georgia's SB 202, part of which says the following:

We want to be crystal clear and state unambiguously that we are disappointed in the outcome of the Georgia voting legislation.

Additionally, our focus is now on supporting federal legislation that protects voting access and addresses voter suppression across the country. We all have a duty to protect everyone's right to vote, and we will continue to stand up for what is right in Georgia and across the U.S. 

Source:

Quincey, James. (April 1, 2021). "Statement from James Quincey on Georgia Voting Legislation". The Coca-Cola Company. Retrieved 2021-04-05

AT&T CEO John Stankey released a statement about voting and U.S. elections, part of which says the following:

We believe the right to vote is sacred and we support voting laws that make it easier for more Americans to vote in free, fair and secure elections. We understand that election laws are complicated, not our company's expertise and ultimately the responsibility of elected officials. But, as a company, we have a responsibility to engage.

Source:

Johnson, Ted. (April 1, 2021). "ViacomCBS Issues Statement Opposing Georgia Voting Bill; Comcast, AT&T Also Weigh In". Deadline. Retrieved 2021-04-05

Southwest Airlines, based in Texas, didn't specifically say it opposes Georgia's SB 202, but in part it said the following:

We believe every voter should have a fair opportunity to let their voice be heard. This right is essential to our nation's success.

Source:

Shephardsdon, David; Ax, Joseph; Rucinski, Tracy. (April 1, 2021). "UPDATE 1-Texas threatens to become next flash point on voting rules". Reuters. Retrieved 2021-04-05

American Airlines released a statement about Senate Bill 7 passed earlier today by the Texas State Senate regarding voting:

Earlier this morning, the Texas State Senate passed legislation with provisions that limit voting access. To make American's stance clear: We are strongly opposed to this bill and others like it. As a Texas-based business, we must stand up for the rights of our team members and customers who call Texas home, and honor the sacrifices made by generations of Americans to protect and expand the right to vote.

Voting is the hallmark of our democracy, and is the foundation of our great country. We value the democratic process and believe every eligible American should be allowed to exercise their right to vote, no matter which political party or candidate they support.

We acknowledge how difficult this is for many who have fought to secure and exercise their constitutional right to vote. Any legislation dealing with how elections are conducted must ensure ballot integrity and security while making it easier to vote, not harder. At American, we believe we should break down barriers to diversity, equity and inclusion in our society – not create them.

Source:

(April 1, 2021). "American Airlines Statement on Texas Voting Legislation". American Airlines Newsroom. Retrieved 2021-04-05

Dell Technologies CEO Michael Dell posted a statement about Texas House Bill 6 regarding voting, part of which says the following:

Unnecessary restrictions on the right to vote strike at the heart of representative government.

We call on elected officials across the country to commit to bipartisan efforts to provide greater access to voting and encourage broad voter participation.

Source:

(April 1, 2021). "Michael Dell | Tweet". Twitter. Retrieved 2021-04-05

Ura, Alexa. (April 1, 2021). "Corporate giants come out against Republicans' efforts to restrict voting in Texas". The Texas Tribune. Retrieved 2021-04-05

'Based On A Lie' — Georgia Voting Law Faces Wave Of Corporate Backlash | NPR

Mar 31, 2021:

Georgia Governor Brian Kemp wrote an op-ed entitled "Gov. Brian Kemp: Georgia's election law – Ignore Dems' false attacks. Here are the facts about bill I signed" explaining his views on SB 202 which was published by Fox News today.

Delta Air Lines CEO Ed Bastian shared a memo with Delta employees and posted the memo on the company website regarding Georgia's SB 202, part of which says the following:

Last week, the Georgia legislature passed a sweeping voting reform act that could make it harder for many Georgians, particularly those in our Black and Brown communities, to exercise their right to vote. Since the bill's inception, Delta joined other major Atlanta corporations to work closely with elected officials from both parties, to try and remove some of the most egregious measures from the bill. We had some success in eliminating the most suppressive tactics that some had proposed. However, I need to make it crystal clear that the final bill is unacceptable and does not match Delta's values.

After having time to now fully understand all that is in the bill, coupled with discussions with leaders and employees in the Black community, it's evident that the bill includes provisions that will make it harder for many underrepresented voters, particularly Black voters, to exercise their constitutional right to elect their representatives. That is wrong. The entire rationale for this bill was based on a lie: that there was widespread voter fraud in Georgia in the 2020 elections. This is simply not true. Unfortunately, that excuse is being used in states across the nation that are attempting to pass similar legislation to restrict voting rights.

Source:

Bastian, Ed; (April 1, 2021). "Ed Bastian memo: Your right to vote". Delta News Hub. Retrieved 2021-04-05

Mar 30, 2021:

A third lawsuit was filed challenging SB 202. The 91-page complaint was filed in a federal court in Atlanta. The lawsuit claims the legislation illegally suppresses minority voters' rights in violation of constitutional protections and the 1965 Voting Rights Act.

The lawsuit was brought by the Sixth District of the African Methodist Episcopal Church and several other voting rights advocates.

Source:

Cruzel, John; (March 30, 2021). "Third group files legal challenge to Georgia's restrictive new elections law". Mother Jones. Retrieved 2021-05-01

Georgia governor criticizes 'ridiculous' calls for boycotts over voting law | The Hill

Mar 29, 2021:

Yesterday, a second lawsuit was filed challenging SB 202. The 56-page complaint was filed in a federal court in Atlanta. The lawsuit claims that the law is a "concerted effort" by Kemp and Republican state lawmakers "to suppress the participation of Black voters and other voters of color."

The lawsuit was brought by the Georgia NAACP, the Galeo Latino Community Development Fund, the League of Women Voters of Georgia, and others, and is backed by lawyer Marc Elias.

Source:

Kruzel, John; (March 29, 2021). "Georgia voting law hit with second lawsuit alleging racial discrimination". The Hill. Retrieved 2021-05-01

Georgia Lieut. Gov. Criticizes Own Party's Election Reform Push, Says They Should First Admit Trump Lost | Newsweek

Mar 26, 2021:

Along with election lawyer Marc Elias, three groups, the New Georgia Project (founded by Stacey Abrams), the Black Voters Matter Fund, and Rise, announced a lawsuit challenging SB 202. The lawsuit claims the legislation is an effort to impose "unconstitutional burdens on the right to vote", especially for Black people.

Source:

Inae Oh; (March 26, 2021). "Georgia's New Voter Suppression Law Is Hit With Its First Lawsuit". Mother Jones. Retrieved 2021-05-01

In a statement through his political action committee "Save America", former President Trump said the following about SB 202:

Congratulations to Georgia and the Georgia State Legislature on changing their voter Rules and Regulations. They learned from the travesty of the 2020 Presidential Election, which can never be allowed to happen again. Too bad these changes could not have been done sooner!

Source:

Greenwood, Max; (March 26, 2021). "Trump celebrates GOP-led voting overhaul in Georgia". The Hill. Retrieved 2021-05-08

Outcry from Biden, Democrats over Georgia's new elections law | PBS

Warnock on Georgia GOP voting overhaul: 'Democracy is in a 911 emergency' | The Hill

Mar 25, 2021:

Georgia Governor Brian Kemp signed SB 202, a major revision of Georgia's elections laws.

Earlier in the day the Georgia House voted 100-75, and the Georgia Senate voted 34-20 (both votes 100% along party lines) to approve the bill.

View the entire bill on the official state of Georgia government website here.

The most notable provisions of SB 202 are as follows:

  • It removes the Georgia secretary of state from the State Board of Elections. In the 2020 election (before SB 202), Secretary of State Brad Raffensperger served as both chair and voting member of the State Board of Elections. With SB 202, the Georgia state legislature now has the power to elect the State Board of Elections chair. The Georgia state legislature was already empowered with the appointment of two of the State Board of Election's five members prior to SB 202. With the signing of SB 202, the Republican-controlled state legislature now has a 3-2 majority in terms of who sits on the State Board of Elections, in effect allowing them to make all election-related decisions.
  • It allows the State Board of Elections to take over a county's election management. It empowers the Board to take over if, in at least two elections within two years, the Board finds "nonfeasance, malfeasance, or gross negligence in the administration of the elections."
  • It requires that drop box locations must be inside early voting locations. It also adds a new requirement for all counties to install at least one drop box. Compared to the number of drop boxes available during the 2020 election, this will result in a huge decrease in total drop boxes available in future elections.
  • Regarding early voting, it adds one extra Saturday (compared to before SB 202), it gives counties the option of adding Sundays, it standardizes hours from 9 am to 5 pm, and it allows counties the option of opening as early as 7 am and/or closing as late as 7 pm.
  • It makes it illegal to give food and water to people waiting in lines to vote.
  • It applies voter ID laws to mail-in ballots by requiring voters to submit their driver's license or state ID number as part of their vote-by-mail application. If they have neither number, they need to submit a photocopy or electronic image of some other acceptable form of identification.
  • It allows any individual Georgian citizen to file an unlimited number of challenges to the eligibility of particular voters.
  • It creates a fraud hotline that allows people to anonymously complain about allegedly fraudulent behavior at voting locations.

Other provisions of SB 202 include the following:

  • It streamlines the election administration process at the local level by allowing officials to process absentee ballots sooner and by requiring them to count ballots nonstop once the polls close. It also allows flexibility with voting equipment for smaller, lower-turnout races, and it allows poll workers to serve in neighboring counties, if necessary.
  • It shortens the absentee ballot request window, starting for most Georgians 11 weeks before the election and ending 11 days before. It requires that third-party absentee ballot applications must be more clearly labeled, and that state and local governments are not be allowed to send unsolicited applications.
  • For precincts with more than 2,000 voters that have lines longer than an hour at three different points throughout the day, those precincts must add more machines, add more staff, or split up the poll.
  • It shortens Georgia's nine-week runoff period to four weeks by sending military and overseas voters instant-runoff ranked choice absentee ballots and only requiring in-person early voting starting the Monday eight days before election day.

Source:

Beauchamp, Zack. (March 26, 2021). "Georgia's restrictive new voting law, explained". Vox. Retrieved 2021-05-08

Fowler, Stephen. (March 26, 2021). "Georgia Governor Signs Election Overhaul, Including Changes To Absentee Voting". NPR. Retrieved 2021-05-08

Hurt, Emma. (April 16, 2021). "Why Local Election Officials In Georgia Take Issue With Many Parts Of New Law". NPR. Retrieved 2021-05-08

Five big takeaways on Georgia's new election law | The Hill

Commentary:

The big questions about Georgia's SB 202 are, 1) to what degree was is it politically motivated, and 2) to what degree will it disenfranchise voters by restricting their ability to vote?

According to two different polls conducted late last year after the 2020 presidential election, 76% of Republicans said there was "widespread fraud" in the 2020 presidential election. And, only 24% of Republicans said they accept the results of the 2020 presidential election. Numbers like that indicate that the majority of Republicans believe the "Big Lie" that the election was fraudulent and stolen.

If you truly believe the "Big Lie", then I suppose, to you, SB 202 is based on "facts." If you don't, then most likely you believe that SB 202 is based, at least in part, on politics, and is an attempt by Kemp and the Georgia state legislature to make it more difficult for certain groups of voters to vote during elections. According to the two polls I referenced, between 59% and 61% of all people polled believe there was NOT widespread fraud in the 2020 presidential election. Based on that data, any reasonable, rational person might ask the question, "Why was SB 202 needed at all?"

Regardless of what you believe about the results of the 2020 presidential election, it's hard to see how removing the secretary of state from the State Board of Elections is anything but an overreach of power by the Georgia state legislature. Georgia Secretary of State Brad Raffensperger took a lot of "heat" from Trump and Republicans for not going along with the notion of widespread voter fraud in Georgia following the 2020 presidential election. To his credit, Raffensperger stood his ground and did the right thing. His unwillingness to "cave" to pressure, combined with the narrow victories of two Democrats in the two Georgia Senate runoff elections, gives more than ample reason for Republicans to do everything in their power to sway future elections their way.

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