Ruling hits part of Georgia election law

ATLANTA — A federal judge has found that a part of Georgia’s sweeping new election law that broadly prohibits the photographing of a voted ballot is likely unconstitutional.

U.S. District Judge J.P. Boulee granted a preliminary injunction on that section of the law, meaning it cannot be enforced for now. In the same order, he declined to block a number of other provisions that mostly have to do with monitoring or photographing parts of the election process.

The judge’s Friday order came in a lawsuit filed by the Coalition for Good Governance, an election integrity group, and others. Boulee wrote that the plaintiffs “have shown a substantial likelihood of success on the merits of their claim” that the broad ban on photographing a voted ballot violates their First Amendment rights.

The new law, known as SB 202, also adds a voter ID requirement for mail ballots, shortens the time period for requesting a mail ballot, results in fewer ballot drop boxes available in metro Atlanta, gives the State Election Board new powers to intervene in county election offices and to remove and replace local election officials.

There are currently eight federal lawsuits challenging parts of the 98-page law enacted earlier this year, including one filed by the U.S. Department of Justice.

Among the other provisions Boulee declined to block are ones that prohibit people from intentionally observing a person who’s voting in a way that would allow the observer to see the voter’s choices; require that absentee ballots be requested at least 11 days before an election; and prohibit observers from communicating any information they see during absentee ballot processing to anyone other than election officials.