Georgia Governor Brian Kemp recently signed new laws that could impact voter eligibility challenges and the ability of independent candidates to qualify for the presidential ballot. The Republican-controlled state legislature passed these measures in late March, with Kemp signing them into law without any statement. The ACLU of Georgia has announced plans to sue to block the new rules, citing concerns about voter rights and access in the state.
One of the key provisions of the new law is that any political party or body that has obtained ballot access in at least 20 states or territories can qualify for Georgia’s presidential ballot. This could potentially benefit third-party or independent candidates in a state that Joe Biden narrowly carried over Donald Trump in 2020. Currently, independent candidates in Georgia have to gather at least 7,500 signatures from registered voters to qualify for the ballot.
In addition to changes to presidential ballot access, the new law also includes measures that impact voting procedures. These changes include broadening the definition of “probable cause” needed to uphold challenges to voter registrations. Evidence such as a voter’s death, homestead exemptions in different jurisdictions, or registering to vote at a nonresidential address could now constitute probable cause.
Since the 2020 election and subsequent false claims of voter fraud in Georgia, there have been tens of thousands of voter eligibility challenges from individual activists in the state. Critics of the new law argue that it could burden election officials with unnecessary work and lead to meritless attacks on voter qualifications. There are concerns that the use of the US Postal Service change-of-address database in challenges could unfairly impact individuals such as college students, those with vacation homes, and military members.
Another controversial aspect of the new law is the requirement for homeless individuals to use the county registration office as their voting address rather than the place where they are currently staying. Critics argue that this could make it more difficult for unhoused people to cast their votes, as their voting precincts may end up being far from where they are living at the time of the election. Voting rights groups have long emphasized the importance of ensuring access to voting for all eligible individuals.
The head of Fair Fight, a voting rights group founded by Stacey Abrams, has denounced the new law as voter suppression. She believes that the measures introduced by the GOP are aimed at potentially overturning election results they do not favor. Critics and voting rights advocates continue to voice concerns about the impact of these new laws on voter access and rights in Georgia. The legal battle over these changes is likely to continue as the state prepares for upcoming elections.
