Republicans want to change Georgia’s voting laws. Here are the key bills to know
In the wake of failed attempts by some Republicans to overturn President Joe Biden’s November win and months of party infighting, GOP state legislators are looking to amend Georgia’s voting laws. But how much they’ll be able to change remains unclear early in the new legislative session.
Some top-ranking party members, including Gov. Brian Kemp and Secretary of State Brad Raffensperger, have expressed support for restrictions on absentee voting. Republicans control both chambers of the General Assembly, but there isn’t yet an agreement on how far those restrictions should go.
More than 20 pieces of legislation have been introduced in the Georgia state House and Senate, as of Wednesday. A majority are Republican-backed bills looking to restrict absentee voting by mail, but some bills from Democrats would expand voter access. A slew were filed earlier this week, GPB reports.
This list is subject to change as more bills are filed. Here’s a rundown of some of the more consequential bills:
Absentee voting changes
- SB 67, co-sponsored by 25 Republicans, would require Georgians who aren’t overseas or military voters to use their state ID or drivers license number to prove their identity on absentee ballot applications. Voters could use the ID number or include a photocopy of the ID. Currently, the state’s online absentee application portal requires a driver’s license or state ID number under State Election Board’s emergency rule. The bill would allow this to continue. (HB 227 mirrors the requirements set forth in SB 67 for absentee identification and continuation of the web portal.) Republican State Sen. John Kennedy of Macon and Larry Walker III of Perry are co-sponsors on the state Senate bill.
- A more strict version, SB 29, would require photocopied identification from voters for applications and returned ballots.
- SB 68 would end the use of secure 24/7 drop boxes for absentee ballot returns. Sen. Walker of Perry is also a co-sponsor for this bill. A group of Democratic senators proposed SB 26 which would put absentee ballot drop boxes at all early voting locations.
- SB 71 would limit no-excuse absentee by mail voting to those who are: disabled, 75 years or older, “required to be absent” from their precinct, election workers or have a religious reason. Voters do not have to provide a reason if they are casting a ballot early in person. Both Sen. Kennedy of Macon and Sen. Walker of Perry are listed as co-sponsors.
- SB 73 would prohibit third parties and nonprofits from sending absentee ballot applications to voters, limiting the process to only the Secretary of State’s office, county elections officials, candidates or candidate campaign committees.
- SB 38 would create a permanent absentee voter list and allow voters to receive a ballot for all future regularly scheduled primaries, elections and runoffs. Sen. Ed Harbison of Columbus and Sen. David Lucas of Macon are among 19 Democratic sponsors on the legislation.
Voter registration and access changes
- SB 69 would end the state’s automatic voter registration through Georgia’s Department of Driver Services. Residents are currently required to opt-out of the program. Sen. Walker of Perry is a co-sponsor.
- SB 70 would prevent a person who voted in a general election for the office of U.S. Representative or U.S. Senator in another state from casting a ballot in a Georgia runoff during the same election cycle. Sen. Walker of Perry is a co-sponsor.
- Not all bills are aimed at restricting voter access. HB 113 would allow same-day voter registration and voting in Georgia. Columbus Democratic Rep. Carolyn Hugley is one of the bill’s co-sponsors.
- SB 36 would establish a pilot program expanding early voting locations in rural counties. The bill defines rural as a county with a population of less than 50,000. Sen. Ed Harbison of Columbus and Sen. David Lucas of Macon are among the bill’s co-sponsors.
- HB 101 would allow people convicted of felonies “involving moral turpitude” to register to vote. The measure requires voter approval and would appear on the ballot in the 2022 general election. HR 28 covers the amendment. Under SB 39 people convicted of offenses involving the purchase, possession or control of certain controlled substances would still be allowed to vote.
- HB 121 would remove elector list maintenance for no contact voters from the Secretary of State’s required duties. Rep. Hugley of Columbus is one of the bill’s co-sponsors.
- HB 59 is a bipartisan bill that would allow overseas and military voters to use instant runoff voting in primaries and general elections. Military and overseas voters would be sent two ballots. One is a standard absentee by mail ballot and the second allows for voters to rank candidates by choice. The voter would fill both ballots out and return them. The standard ballot is counted during the general or primary election. If the race moves to a runoff, the second ballot is used. The highest-ranked remaining candidate receives the instant runoff vote. Republican Rep. Heath Clark of Warner Robins is one of the bill’s co-sponsors.
If HB 77 passed, county election boards could allow voters to cast ballots at any precinct within the county regardless of address. Local elections supervisors must notify the Georgia Secretary of State’s Office 30 days before the election if they allow voters to cast ballots at any polling place. The law also calls for counties to ensure measures are in place to prevent people from voting multiple times at different locations.
Private funds and citizenship
- HB 62 would bar local election supervisors and boards from accepting private grants and donations to fund voting operations.
- HB 228 outlines proper forms of voter identification. Licenses and identification cards issued to noncitizens can’t be used to vote. The bill would also require the phrase “‘BEARER NOT A U.S. CITIZEN — NOT VOTER ID’” to appear on their ID cards. Georgia would also join the E-Verify (RIDE) program of the United States Department of Homeland Security. The program was authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Employers use the system to confirm that their employees are eligible to work in the United States. (HR 56 proposes a constitutional amendment to clarify that only citizens of the United States who live in Georgia can vote in the state’s elections.)
What will pass?
There’s disagreement within the Republican party over how far the voting restrictions should go.
Kemp and Raffensperger have both called for the use of photo IDs for absentee ballot requests. Raffensperger has also called for an end to no excuse absentee voting, but both Lt. Gov. Geoff Duncan and David Ralston, the state House speaker, have said they wouldn’t support its elimination.
“Somebody’s got to make a real strong case to convince me otherwise,” Ralston said at a news conference at the state Capitol last month.
In response to a question from a McClatchy reporter during a news conference Monday, Kemp said ending no-excuse absentee voting would be “a hard road to hoe” without the support of Ralston and Duncan. He did not express support for ending the practice.
“The best idea I’ve heard and one that I’ve come out in support of is requiring a photo ID on absentee ballots by mail,” he said. “I’m open to having that debate. ... Anything we can do that will make it easy to vote and hard to cheat, I’d be willing to take a look at.”
State Democrats and federal lawmakers could stand in the way of restrictions. Georgia’s newest senators Raphael Warnock and Jon Ossoff have expressed support for the John Lewis Voting Rights Advancement Act, a measure that would restore key elements of 1965 Voting Rights Act.
Under the old act, Georgia was one of six states that required approval from the U.S. Department of Justice for any changes related to voting. The Supreme Court struck down the preclearance requirement in 2013.
Under the proposed Lewis measure, Georgia would likely require the DOJ’s approval before lawmakers changed voting laws or counties closed a polling location, the Georgia Recorder reports.
Columbus State Rep. Calvin Smyre, a top-ranking Democrat and a member of the Special Committee on Election Integrity, said he would generally oppose legislation that would make it harder for Georgians to vote.
“I don’t feel like we ought to move the goalposts,” he said. “I don’t want to go back to a system that would make it harder for people to vote. ... I just want to put a stake in the ground.”
This story was originally published February 4, 2021 at 6:00 AM.