Georgia Mass Voter Challenges Lawsuit (Secure Families Initiative)

Lawsuit filed by Secure Families Initiative (SFI) against Georgia Secretary of State Brad Raffensperger (R), members of the state election board and Cobb County Board of Elections and Voter Registration challenging a provision of Senate Bill 189 under the National Voter Registration Act (NVRA), the Civil Rights Act and the U.S. Constitution. Section 5 of S.B. 189 makes it easier for private citizens to challenge the eligibility of voters registered with nonresidential addresses. The plaintiff claims that this provision poses significant hurdles to overseas and military voters who may be registered at nonresidential addresses like a P.O. Box or military base and unable to receive notice or respond to voter challenges in a timely manner. 

The plaintiff argues that Section 5 of S.B. 189 is unlawful because the NVRA prevents a voter who changes their residency from being removed from the voter roll unless that voter confirms a change of residency in writing or fails to respond to a notice from local election officials and does not vote for two general election cycles. SFI also argues that this provision treats voters registered at nonresidential addresses differently than voters registered at residential addresses, in violation of the NVRA’s requirement for uniform and nondiscriminatory voter registration policies and the Civil Rights Act. 

Lastly, the plaintiff argues this provision unfairly burdens the right to vote under the First and 14th Amendments of the U.S. Constitution and violates the Equal Protection and Due Process Clauses of the 14th Amendment because it allows a voter’s eligibility to be challenged under an unfair process based on unreliable or outdated data.

The plaintiff asks the court to strike down Section 5 of S.B. 189 and block state and local election officials from enforcing any eligibility challenges submitted under the law or denying the right to vote to any voter challenged under it.

SFI filed its complaint on Oct. 15, 2024.

The case was consolidated with New Georgia Project v. Raffensperger, where all future filings can be found.

Last updated: November 4, 2024 3:04 pm EST