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Federal Judge Upholds Georgia SB202 Limits on Third-Party Absentee Applications

The court said the speech-related limits meet strict scrutiny by targeting voter confusion to improve election efficiency.

Overview

  • U.S. District Judge J.P. Boulee issued a 50-page order upholding two SB202 rules governing absentee application outreach by nonprofits.
  • The provisions prohibit sending voters prefilled absentee applications and bar mailing duplicate applications to voters who have already requested one.
  • Boulee concluded the state demonstrated compelling interests, including reducing voter confusion, enhancing voter confidence, and increasing election efficiency.
  • Georgia Secretary of State Brad Raffensperger praised the ruling, while the Voter Participation Center and Center for Voter Information criticized it and pledged to continue the case.
  • The Justice Department earlier this year dropped its separate lawsuit against SB202, shifting the ongoing challenges to private plaintiffs.