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Georgia Voter Challenges: Know Your Rights

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Background

Since the passage of Senate Bill 202 in 2021, voter challenges against Georgia citizens have run rampant. Fortunately, most of the challenges have been dismissed. But most recently, Governor Kemp signed Senate Bill 189 which makes changes to Georgia's voter challenge process and increases the likelihood that county election boards will sustain more voter challenges. Therefore, it鈥檚 important for voters to know their rights and know what to do if you or someone you know has their right to vote challenged. 听

Know Your Rights

DO List

  • DO - Check that the challenge is in writing and that it specifies distinctly the grounds of the challenge.
  • DO - Check that the person submitting the challenge is a registered voter from the same county or municipality.
  • DO - Know that challenges must be filed with a county鈥檚 board of registrars (not poll managers or poll workers).
  • DO - Know your appeal rights. Either party can appeal the decision to the superior court of the county by filing a petition with the clerk of the superior court within 10 days of the decision.
  • DO - If you think you are the subject of a voter challenge, contact your county elections office as soon as possible.
  • DO - Know that Georgia law and federal law protect voters from frivolous challenges. You have the right to be free from intimidation under state and federal law.
  • DO - Call the Election Protection Hotline for any questions you might have. Our hotline assistance is provided in multiple languages: English (866-OUR-Vote); Spanish (888-VE-Y-VOTA); Arabic (844-YALLA-US); and several Asian American and Pacific Islander languages (AAPI) (888-API-VOTE).

DON'T List

  • DON鈥橳 - Panic if you receive notice of a challenge hearing. Make a plan to attend the hearing and bring proof of residency.
  • DON鈥橳 - Fret if you find out at your polling location that you have been challenged and are not able to resolve it before voting. Depending on the status of your challenge, make sure that you still vote either with a challenged ballot or a provisional ballot. Follow up with your county registrar鈥檚 office and bring proof of residency to make sure your vote is counted.

Georgia law provides for two ways for individuals to submit a voter challenge:

Section 229 challenges have to do with eligibility to register and eligibility to remain on voter rolls.

  • Board of registrars must set a hearing within 10 business days and serve notice of the hearing on the person being challenged with at least three days鈥� notice of the date, time, and place of the hearing.
  • The burden is on the person making the challenge to show that the person being challenged is not qualified to remain on the list of voters.

Section 230 challenges have to do with eligibility to vote in a given election.

  • Board of registrars must immediately consider the challenge and determine whether probable cause exists to sustain the challenge.
  • As of July 1, 2024, as a result of Senate Bill 189: 鈥減robable causes shall include, but not be limited to, an elector who is deceased; an elector voting or registering to vote in a different jurisdiction; an elector obtaining a homestead exemption in a different jurisdiction; or an elector being registered at a nonresidential address as confirmed or listed by or in a government office, data base, website, or publicly available sources derived solely from such governmental sources.鈥�
  • If the board does not find probable cause, the board must dismiss the challenge.
  • If the board finds probable cause and if practical, the board must notify the challenged voter and allow them an opportunity to answer.
  • If the board of registrars finds probable cause and the voter appears to vote, the voter must be allowed to appear before the board.
  • If the board of registrars find probable cause but determines there is not enough time to conduct a hearing, the voter must be allowed to vote a challenged ballot.
  • If the voter casts an absentee ballot, the absentee ballot will be treated as a challenged ballot.
  • As of July 1, 2024, as a result of Senate Bill 189, any challenge filed within 45 days of a primary, runoff primary, election, or runoff election must be postponed until after the certification of such primary, election, or runoff is completed.

If you are the subject of a voter challenge and vote either with a challenged ballot or a provisional ballot, remember to contact the Election Protection hotline and go to your county registrar鈥檚 office with proof of residency to make sure that your vote is counted.听

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