New Federal Lawsuit Seeks 3-Week Delay in Georgia Primaries, and Other Measures to Protect Voters During Pandemic

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Today, voting rights and election security advocates filed suit in U.S. District Court in Atlanta to seek essential changes in Georgia’s election processes during 2020 to protect voters’ constitutional rights to cast their votes safely during the ongoing pandemic. The suit alleges that Georgia’s upcoming 2020 elections are at risk because officials have neither adequately prepared nor put basic safety protections in place to conduct fair and orderly elections while communities are suffering from COVID-19.

Despite options for voting by mail, thousands of Georgia citizens will still need to cast their votes in person. Stating that the health and safety of voters and election workers must be the inarguable top priority, Coalition for Good Governance and five Georgia voter plaintiffs seek to postpone the June 9 statewide primary to June 30. This three-week delay is intended to permit county election officials time to replace thousands of poll workers who can no longer serve, and to allow the election to be conducted when infections are anticipated to be under more control and in a state of containment. The postponement attempts to give county election officials time to make changes to prioritize safety for polling place and election offices, supported by State resources, now unavailable to counties. The lawsuit does not seek to change the date of the August 11 primary runoff, as plaintiffs state that voters, including military and overseas voters, can receive and return their ballots in a timely fashion without delaying the runoff.

The lawsuit was filed within hours of Governor Kemp’s announcement that business restrictions are being relaxed, permitting crowds to gather in theaters, restaurants and other locations. The complaint notes that there were 44 COVID-19 related deaths in the 24 hours prior to the filing of the complaint and warns that “Since the State is relaxing these life-saving measures so early, it is even more important to postpone the upcoming election because it is much more likely that the pandemic will remain in full force longer than anticipated.”

The changes proposed by the plaintiffs include the use of hand marked paper ballots voted with disposable pens so that voters and poll workers can avoid the touch-intensive voting machines with touchscreens, shared smartcards and other equipment. The CDC has warned of the danger of spreading the virus through voters’ shared use of such equipment. The suit alleges that Georgia’s Secretary of State and State Election Board have not taken measures to reduce such unacceptable risks that result in voter disenfranchisement. An extensive list of safety-oriented requirements is requested as relief, including the use of drive-up or curbside voting as an option offered in every county.

You can find the complaint here.

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