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Court fight over 2021 Georgia mass voter eligibility challenges heads to federal court

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georgiarecorder.com – Stanley Dunlap – 2025-05-12 02:00:00


On May 13, 2025, the 11th Circuit Court of Appeals will hear a case concerning whether the national right-leaning group True the Vote used mass voter challenges to intimidate minority voters in Georgia before the January 2021 runoff election. Plaintiffs, including Stacey Abrams’ Fair Fight Action, argue that True the Vote’s tactics violated the Voting Rights Act by targeting Black, brown, and first-time voters. True the Vote counters that their efforts promote election integrity. The case highlights ongoing disputes over voting rights, voter intimidation claims, and election integrity debates following Georgia’s pivotal 2020 and 2021 elections.

by Stanley Dunlap, Georgia Recorder
May 12, 2025

A federal appellate court is set to hear a case Tuesday centered on a five-year debate over whether the national right-leaning group True the Vote used mass voter challenges to intimidate minority voters.

The U.S. Court of Appeals for the Eleventh Circuit will hear arguments in a case in which plaintiffs, including a voting rights group founded by Stacey Abrams, contend that the case has national implications. Attorneys from both sides will have 15 minutes to present their cases during Tuesday’s hearing.

Mass voter challenges have been a mainstay in Georgia since the 2020 presidential election, when Democrat Joe Biden narrowly defeated Republican Donald Trump by about 12,000 votes in the state.

According to the Abrams-founded Fair Fight Action and others who filed suit, True the Vote’s actions likely violated the Voting Rights Act by using inaccurate voter registration information and voter intimidation tactics such as posting citizen watchdogs to monitor people casting ballots.

This case stems from True the Vote’s efforts to challenge the voter eligibility of about 385,000 Georgia voters prior to the January 5, 2021 runoff election, when Democrats would take control of the U.S. Senate following historic wins by Georgia Democratic Sens. Raphael Warnock and Jon Ossoff.

In January 2024, Gainesville U.S. District Court Judge Steve C. Jones concluded last year that Fair Fight did not prove True the Vote’s actions constituted voter intimidation prior to the dual Senate runoffs.

However, Jones criticized the conservative group’s “reckless” methods in compiling a list of voters.

Opponents of mass challenges claim that groups targeting Democratic-leaning counties are misusing the election law to challenge large numbers of voters as ineligible.

Many conservatives have argued that voter registration lists need to be purged of ineligible voters, while Democrats and progressive activists have alleged that mass voter challenges aim to intimidate and remove voters who should remain eligible.

Fair Fight alleges that True the Vote’s list in the 2021 runoff included a disproportionate number of Black, brown, and first-time voters who helped secure the 2020 presidential race for Biden. 

“The 385,000 mass challenge in the lead up to the January 5, 2021 runoff was the largest mass challenge ever filed in this way in the country,” Fair Fight CEO Lauren Groh-Wargo said. 

There’s been a debate over whether some new voting rules would improve voter confidence or if they are just attempts to appease Trump supporters who say he lost because of unfounded claims of widespread election fraud.

Georgia was at the center of the push to overturn the election results after Trump lost to Biden, becoming the first Republican presidential candidate to lose in Georgia in three decades. Trump’s narrow loss was reaffirmed through three counts, including one recount that was done by hand. Multiple recounts and audits after the 2020 election confirmed it was not tainted by widespread fraud.

According to state law, county election boards must find sufficient probable cause to move forward with an investigation when a voter does not appear to reside at their registered address, lists a non-residential address on their registration, or has other reasons that could disqualify them.

True the Vote founder Catherine Engelbrecht said her group will argue that their tactics promote fair elections when they return to Georgia court Tuesday.

“This isn’t just about one hearing — it’s about holding the line for election integrity and defending the voice of we the people,” she said in a statement. “Our legal team is locked in, sharpening every detail of our strategy. Our fight is to expose truth, uphold principle, and bring transparency to a process.”

Marc Elias, an attorney with Elias Law Firm and founder of left-leaning Democracy Docket, argues that the mass voter challenges in the True the Vote case are an egregious violation of Section 11(b) of the Voting Rights Act, which guarantees that voters will not face intimidation during the voting process.

“Now, courts have been chipping away against lots of the federal voting rights protections. I’m not going to sugarcoat that,” Elias said. “That has been true at the U.S. Supreme Court. It’s been true at the lower levels. But the fact is attempts to intimidate voters is still illegal, and 11 B is still goo valid law throughout the country.”

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Georgia Recorder is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Georgia Recorder maintains editorial independence. Contact Editor John McCosh for questions: info@georgiarecorder.com.

The post Court fight over 2021 Georgia mass voter eligibility challenges heads to federal court appeared first on georgiarecorder.com



Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Center-Left

The content provides a detailed examination of a legal case involving voter challenges, a key issue in recent American electoral debates. The article presents the perspective of both progressive groups (like Fair Fight Action) and conservative figures (such as True the Vote), offering a balanced narrative of the opposing views. However, the content highlights more the concerns of voter intimidation and racial disparities, framing these issues within the broader context of voting rights advocacy. This focus on defending minority voters and the criticism of conservative tactics suggest a mild lean towards Center-Left, emphasizing fairness and voter protection without fully adopting either side’s rhetoric.

News from the South - Georgia News Feed

Senate megabill marks biggest Medicaid cuts in history 

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www.wjbf.com – Nathaniel Weixel – 2025-07-01 12:56:00

SUMMARY: Senate Republicans passed a tax and spending bill including the largest Medicaid cuts since its 1960s inception, aiming to reduce spending by $1 trillion over ten years. The Congressional Budget Office projects nearly 12 million lower-income Americans will lose coverage by 2034, mainly targeting those who gained insurance via Medicaid expansion. Key measures include strict work requirements for beneficiaries and restrictions on state provider taxes, which could destabilize rural hospitals. Critics warn this will increase uninsured rates, medical debt, and healthcare access issues, while GOP leaders claim no eligible individuals will lose benefits. The bill awaits House approval amid concerns over its impact on the social safety net.

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Get ready for a wet start to July, but drier skies ahead for the Fourth!

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www.wjbf.com – Miller Hyatt – 2025-07-01 06:25:00

SUMMARY: Tuesday in the CSRA brings heat, humidity, and scattered to numerous thunderstorms, especially north and west of Augusta, with possible damaging winds of 40–60 mph and heavy rain causing localized flash flooding. A cold front from the west fuels this moisture and storm activity. Storm chances shift south Wednesday, with temperatures in the upper 80s to near 90, maintaining muggy summer conditions. By Thursday, drier air filters in, though some afternoon showers remain possible. For July 4th and the weekend, drier, sunnier, and seasonably hot weather is expected. A low-pressure system near the Florida Panhandle may develop, but impacts are uncertain and likely minimal.

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Judge blocks Georgia’s new social media age verification law just before it was set to start

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georgiarecorder.com – Ross Williams – 2025-07-01 02:00:00


A federal judge has temporarily blocked Georgia’s Senate Bill 351, which required social media companies to verify minors’ ages and obtain parental consent before account creation. The ruling, favoring social media coalition NetChoice, cited First Amendment concerns, noting the law’s exemptions created content-based speech restrictions likely unconstitutional. Judge Amy Totenberg highlighted burdens on free speech and privacy risks. However, the law’s sponsor, Sen. Jason Anavitarte, pointed to a recent U.S. Supreme Court ruling supporting similar age verification laws, predicting SB 351 will eventually be enforced. Georgia’s Attorney General plans to appeal, emphasizing parental rights and child protection online.

by Ross Williams, Georgia Recorder
July 1, 2025

Georgia kids can continue liking, commenting and subscribing without notifying their parents this summer after a federal judge put a temporary hold on the state’s new social media age verification law while the case moves forward – but the bill’s author says a recent U.S. Supreme Court ruling bodes well for the ban.

Senate Bill 351, which was set to go into effect July 1, would require social media companies to get a parent’s permission before they allowed a minor to create an account. All Georgians would also have to verify their age before accessing websites with material deemed harmful to minors.

On Thursday, Judge Amy Totenberg of the U.S. District Court for the Northern District of Georgia ruled in favor of NetChoice, a coalition of social media companies, who argued that the law as written would likely violate free speech protections.

“The Court does not doubt the dangers posed by young people’s overwhelming exposure to social media,” Totenberg wrote. “But, in its effort to aid parents, the Act’s solution creates serious obstacles for all Georgians, including teenagers, to engage in protected speech activities and would highly likely be unconstitutional.”

Totenberg said the law would curb the speech rights of young people, impose a burden on all Georgians to participate in online speech, potentially put Georgians’ private data at risk and step into parents’ decisions on how to raise their children.

But Totenberg said the law’s biggest downfall comes in its long list of exemptions, which include news, sports, and entertainment sites, interactive gaming platforms, streaming services and more.

“For example, SB 351 would presumably apply to the Georgia Bulldogs Reddit forum, which features user-generated content. But it would exempt Barstool Sports, which features provider-generated content. It would apply to news coverage posted by users on X, but not news coverage posted by The New York Times to its own liveblog.”

Totenberg found that amounts to a content-based restriction on speech, which triggers a higher level of scrutiny – which she said Georgia’s law doesn’t meet.

“Because of the enormous burdens imposed on the First Amendment rights of children, adults, and social media platforms — along with the significant tailoring issues inherent in the law — even the State’s serious interest here cannot justify SB 351 under the First Amendment’s rigorous standards,” she said.

NetChoice celebrated the win in a statement.

“This is a major victory for free speech, constitutional clarity and the rights of all Georgians to engage in public discourse without intrusive government overreach,” said Chris Marchese, NetChoice director of litigation. “We are grateful the court recognized what we’ve long argued: SB 351 isn’t just poorly crafted — it’s profoundly unconstitutional.”

But the bill’s author, state Sen. Jason Anavitarte, a Dallas Republican who is now the Senate majority leader, said their victory is likely to be short-lived.

In a statement, Anavitarte pointed to a U.S. Supreme Court ruling that backed a Texas state law requiring age verification for pornographic websites.

“One day after liberal Obama Appointee, US District Court Judge, Amy Totenberg, issued an injunction preventing Georgia’s age verification law from taking effect, The Supreme Court found that laws like SB 351 ‘have only an incidental effect on protected speech and that The First Amendment leaves undisturbed States’ traditional power to prevent minors from accessing speech that is obscene from their perspective….Requiring proof of age is an ordinary and appropriate means of enforcing an age-based limit on obscenity to minors,’” Anavitarte said.

“Based on Friday’s ruling at The Supreme Court, Judge Totenberg should be left with no choice but to allow SB 351 to go into effect,” he added. “I am immensely grateful for Justice Clarence Thomas’ well written opinion and remain optimistic that SB 351 will go into effect in its entirety.”

Attorney General Chris Carr’s said Carr intends to appeal the ruling.

“We will continue to defend commonsense measures that empower parents and protect our children online,” said Carr spokesperson Kara Murray.

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Georgia Recorder is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Georgia Recorder maintains editorial independence. Contact Editor Jill Nolin for questions: info@georgiarecorder.com.

The post Judge blocks Georgia’s new social media age verification law just before it was set to start appeared first on georgiarecorder.com



Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Centrist

This article provides a balanced report on Georgia’s social media age verification law by presenting both the legal challenge emphasizing free speech concerns and the bill author’s perspective highlighting parental control and child protection. It quotes judicial reasoning against the law’s constitutionality alongside statements from the Republican bill sponsor and the Attorney General, showing arguments on both sides without overt editorializing. The tone and framing remain largely factual and neutral, aiming to inform readers about the ongoing legal and political debate without taking a partisan stance.

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