Judge rejects challenge to Georgia election law provisions on absentee ballots

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ATLANTA (AP) — A judge has rejected a challenge to two provisions of a Georgia election law related to absentee ballot applications.

The provisions were part of a sweeping elections overhaul passed by Republican state lawmakers in Georgia in 2021, months after President Donald Trump lost the 2020 presidential election to Democrat Joe Biden. Advocacy groups and the Department of Justice under Biden sued to challenge various aspects of the law.

The ruling Monday by U.S. District Judge J.P. Boulee focused on the two absentee ballot provisions that were challenged by nonprofit groups devoted to increasing voter turnout. One of the provisions prohibits sending voters absentee ballot applications with the voter's required information already filled in. The other bars the sending of an absentee ballot to anyone who has already requested one.

The lawsuit argued that the provisions violated the groups' rights to constitutionally protected free speech. The state presented evidence at trial that showed that receiving prefilled absentee ballot applications and receiving multiple absentee ballot applications had caused confusion among some voters.

Boulee acknowledged in his order that restrictions on speech related to the absentee ballot application provisions are subject to the highest level of constitutional review. But he said this case passes that test with the government having demonstrated “interrelated compelling governmental interests” for the provisions, including reducing voter confusion, enhancing voter confidence and increasing the efficiency of elections.

The Voter Participation Center and the Center for Voter Information, which filed the lawsuit along with VoteAmerica, said in a statement that they were reviewing the ruling and assessing legal options.

“These provisions block important work that has proven time and time again to help the voters of Georgia," organization President and CEO Tom Lopach said in a statement. “In the context of increasing government overreach into our elections, the Court’s decision to limit advocacy at the expense of the right to free speech is deeply concerning.”

Georgia Secretary of State Brad Raffensperger celebrated the ruling, noting that courts have already upheld other provisions of the law which, he said in a statement, is aimed at "protecting voters from confusion, making sure every vote counts once, and keeping our elections free, fair, and secure." The Justice Department earlier this year abandoned its lawsuit challenging the law.