‘Jim Crow 2.0’
Advocates, academics react to new Georgia election law
Voting rights groups in Georgia swiftly condemned a new elections bill Gov. Brian Kemp signed into law on Tuesday that, among other things, would allow mass voter challenges to persist, eliminate the use of QR codes on ballots and creates new procedures for homeless Georgians looking to exercise their right to vote.
It would also shorten the timeframe for early and absentee ballots to be counted, requiring the tabulation to be completed within an hour of polls closing on election day.
The bill, known as Senate Bill 189, prompted immediate backlash from elections experts and voting rights advocates, who say that the legislation echoes historical attempts to dilute the voting power of minorities in Georgia dating back to the Reconstruction era.
“We have a history here of using racist policies, of using race-neutral language that is racially targeted, in order to purify the ballot box, in order to ensure election integrity,” said Dr. Carol Anderson, a professor of African American Studies at Emory University during a press conference hosted by the nonprofit voting rights group Fair Fight. “This is Jim Crow 2.0."
Anderson, who also authored a book on the history of voter suppression in the U.S. called “One Person, No Vote,” criticized the bill, which she said will disproportionately impact Black voters throughout Georgia.
“When you think about Jim Crow, we often think of the [physical] violence, but really it was the bureaucratic violence, the policy violence; those measures that were put in place that look legal via the law that were designed to diminish the citizenship rights of African Americans,” Ander
son said. “And one of the ways that they did that to look legitimate was via the lie of voter fraud, via the lie of ‘we've got so much corruption at the ballot box that we have to clean it up.'”
SB 189 outlines several factors that can be used to determine the validity of a voter challenge, but does not limit which factors can be used to place a claim, or how many challenges an individual or organization can file. It will also allow voters to be removed from the rolls until 45 days before an election, violating the National Voter Registration Act, which bans challenges within 90 days of an election. The new law takes effect on July 1.
Mass voter challenges have been on the rise in Georgia in recent years, often coinciding with pivotal elections throughout the state. More than 360,000 Georgia voters had their eligibility challenged by the Texas-based organization True the Vote leading up to the 2021 U.S. Senate runoff.
In spite of the outcry, Republicans insist that the new restrictions are necessary to boost security and public confidence in Georgia's elections. Authored by Sen. Max Burns (R-Sylvania), SB 189 received final passage on the final day of the legislative session, passing out of the House with a 101-73 vote, and the Senate with a 33-22 vote.
“Building upon the solid foundation laid by Senate Bill 202 in 2021, we continue to prioritize integrity and accessibility,” Burns said in a statement following the bill's signing. “By championing transparency and accountability, we pave the way for fair elections that uphold the voice of every Georgia citizen. I am proud to have played a part in crafting this legislation, which reinforces our dedication to safeguarding the democratic process.”
Lauren Groh-Wargo, the CEO of Fair Fight, said that the organization was preparing new tools to increase voter engagement for June, the month before the new law officially takes effect.
“Our mission is to make sure that voters are empowered — they wouldn't be trying to make it harder to vote if our votes did not matter — and really inspire people to get out and vote to know their rights and to have the support to do so,” she said.
Fair Fight officials declined to say whether they would file a lawsuit over the voting rights bill.
The ACLU of Georgia, which has also been outspoken about SB 189, reiterated its plans to sue the state over the new law.
“SB 189 is a step back for voters' rights and voting access in the state of Georgia,” said ACLU of Georgia Executive Director Andrea Young in a statement. “Most importantly, this bill will require already overburdened election workers to spend time processing unnecessary voter challenges. As always, elected state officials should work to make voting easier and not more difficult for Georgia citizens.”
Gov. Kemp's office did not immediately respond on Wednesday to a request for comment.
Maya Homan is a 2024 election fellow at USA TODAY, focusing on Georgia politics. Follow her on X, formerly Twitter, as @MayaHoman.