A Federal Judge has agreed to Allow a Georgia County to Require that certain Voters cast Provisional Ballots, just days before Two Runoff Elections in the State that will decide Control of the U.S. Senate.
More than 4,000 Voters faced Eligibility Challenges ahead of the Jan. 5th Senate Runoffs based on Unverified Postal Change-of-Address Records.
The New Injunction from U.S. District Court Judge, Leslie Abrams Gardner, issued just before Midnight on Dec. 30th, Replaces an Earlier Restraining Order she had issued that Prevented Muscogee County from forcing those Voters to Cast Provisional Ballots. The Latest Order represents a move in the Direction the County Board urged during a Court Hearing earlier Wednesday.
Although the County may now require Provisional Ballots from those Voters, Gardner’s Order Directs that No Challenges to their Eligibility be Upheld based Exclusively on Data in the National Change of Address Registry (NCOA), a U.S. Postal Service Database, that Democrats have worried is an Unreliable and Unverified indicator of whether Individuals have Changed their Legal Residence. But the issue of Mailed-in-Ballots were not explained how they will be Processed.
“The challenge to their eligibility will not be sustained absent specific evidence of ineligibility,” ordered Gardner, who sits in Albany, Ga. “Such specific evidence shall not include the appearance of a voter’s name or other information on the NCOA registry”
Her Order also requires Muscogee County to Notify any Voters for whom it finds such Evidence of Ineligibility and give them a Chance to present Evidence to Count their Ballot by Jan. 8th, Two Days after the Runoff.
The Order came in a Suit brought by
Majority Forward, a Democratic Nonprofit, affiliated with Senate Majority PAC, that focuses on Voter Registration.
Marc Elias, the Democratic Lawyer who represents
Majority Forward, declared the Order a “victory over voter suppression.” J.B. Poersch, President of
Majority Forward, added: “We’re very happy with this ruling. This is a big win for Georgia voters who want to make their voices heard in the runoff elections.”
Majority Forward’s Suit alleges that the Mass Challenges Violate the Federal National Voter Registration Act (NVRA). But Lawyers for the Counties argued on Wednesday that the Challenges don’t Trigger that Act because they are focused only on the Voters’ Right to cast Ballots in the Upcoming Runoffs and Not on their Right to Remain on the Voter Rolls more generally.
“This distinction that has been made I’m not understanding. … You find people not eligible to vote and you leave them on the voter rolls?” the Judge asked. A Lawyer for
Majority Forward, Uzoma Nkwonta, also argued that Notion was Illusory. “That distinction is simply untenable,” Nkownta said. “The distinction they try to draw here doesn’t make any sense.”
Gardner said she does Not believe that the Change-of-Address Data alone amounts to a Strong Indication that Voters have actually Moved their Legal Residence. She also Noted, that in some States, Individuals who apply for a Driver’s License are Automatically Registered to Vote and may Not even know it. “My concern here is, one, relying on unreliable data and then putting the burden on people” to respond and defend their registrations, the Judge said. “We’re also in the holiday season and we’re dealing with a pandemic and I have a great concern about asking voters to prove that they’re eligible to vote during this time.”
Gardner said she was trying to prompt an Agreement that Voters wouldn’t be Denied the Right-to-Vote based on Postal Data alone, but expressed Concern that they could still be put through an Onerous Process based on Scant or Shaky Evidence.
However, the Judge said the Suit focused on the Issues raised by using the Postal Change-of-Address Database. “You haven’t filed a case to say any other reason is out of bounds,” she said.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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