Georgia Fulton County Voter Challenges and List Maintenance Lawsuit 

Lawsuit filed by two right-wing activists in Fulton County, Georgia — both of whom have brought mass voter challenges — alleging that the county is failing to maintain accurate voter rolls and neglecting to respond to voter challenges. One of the Republican plaintiffs, Jason Frazier, asserts that in response to the county’s “open admission to not maintaining accurate voter rolls,” he filed a voter roll challenge to contest the eligibility of certain Fulton County voters on Aug. 4. According to Frazier, the Fulton County Department of Registration and Elections has not provided a notice of a hearing and has therefore violated its legal obligation to respond to challenges within 10 business days. The suit argues that by failing to conduct routine voter list maintenance, the county is violating the federal National Voter Registration Act (NVRA) as well as state law and county regulations. 

The plaintiffs further contend that a county regulation prohibiting the removal of voters identified by a challenger within 90 days of a federal election is invalid since it violates federal law as well as the U.S. Constitution. In particular, the complaint maintains that while a provision of the federal NVRA prevents the removal of voters within 90 days of an election who are identified through the government’s use of a state-ran or state-conducted system, the law’s 90-day freeze on removals does not apply to voters who are identified by a “challenger’s use of a program.” The plaintiffs ask the court to issue an order declaring that the defendants have violated state and federal law and compelling the county to remove all ineligible voters from its rolls before the Nov. 5, 2024 election. Additionally, the plaintiffs ask that any challenge denied on the basis of the NVRA’s 90-day “quiet period” be reinstated.  

The plaintiffs filed the lawsuit on Aug. 28, 2024.

On Sept. 12, 2024, New Georgia Project Action Fund (NGPAF) filed a motion to intervene in this case.

STATUS: On Sept. 16, 2024, the plaintiffs filed a motion to voluntarily dismiss the case.

Last updated: September 23, 2024 6:14 pm EST