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Federal court might revive Georgia lawsuit claiming mass challenges violate Voting Rights Act
Federal court might revive Georgia lawsuit claiming mass challenges violate Voting Rights Act
by Stanley Dunlap, Georgia Recorder
May 14, 2025
A three-judge federal court panel spent an hour in a downtown Atlanta courthouse Tuesday hearing arguments from attorneys about whether a conservative Texas organization’s mass voting challenges during a 2021 runoff violated the federal Voting Rights Act by intimidating minority voters.
Plaintiff Fair Fight Action, founded by Stacey Abrams, argued in the U.S. Court of Appeals for the Eleventh Circuit that U.S. District Court Judge Steve C. Jones erred in ruling last year that True the Vote’s challenge to 365,000 Georgia voters’ eligibility did not constitute intimidation prior to historic Democratic Senate victories in Georgia when Raphael Warnock and Jon Ossoff prevailed in the Jan. 5, 2021 runoff.
At least one of the judges expressed skepticism about the soundness of the lower court ruling.
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 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.
On Tuesday, the federal panel peppered the attorneys with questions while acknowledging the case’s national significance on voting rights protections.
Attorney Jake Evans, representing True the Vote, asserted that the intent behind the mass challenges was to protect election integrity.
Evans said that the mass challenging of voters’ eligibility prior to the 2021 runoff did not amount to voter intimidation.
Fair Fight’s attorney, Uzoma Nkwonta of the Elias Law Group, argued that although Jones acknowledged recklessness in his ruling, the district court erred in not following the generally accepted standard for taking a substantial step towards the course of action that led to the injury.
Nkwonta referenced the Muscogee County election board having to take up more than 4,000 challenged ballots from the 2020 November general election based on faulty national change of address data.
“Not only was it foreseeable, it’s exactly what True the Vote wished for and exactly what True the Vote demanded,” Nkwonta said. “True the Vote issued press releases, prepared one-pagers, considered suing counties and did everything in their power to force (Muscogee) County to take the very action that they took.”
“The voter intimidation statutes have been enforced since the 1960s and even earlier, and they often involve cases in which individuals were applying laws or taking actions that were permissible in every other scenario, but were impermissible because they were intimidating voters,” Nkwonta said.
Evans said that over the course of a seven-day trial the voters who testified did not provide proof of how they were intimidated by True the Vote. He argued the plaintiffs have failed to prove a violation of the Voting Rights Act.
“An attempted act has to be traceable to the alleged intimidation,” Evans said. “Here, there are three individual voters where there is no connection. There is no alleged challenger that’s submitted to challenge these individuals. It’s completely untraceable.”
Judge Federico Moreno said he disagreed with Evans stating it was an “open and shut appeal.”
“I don’t know about the substantive 11 B claims, but I think the district court committed legal error with regard to the attempt,” Moreno said, referencing a section of the act that bars voter intimidation. “Attempt is generally defined, both in civil and criminal law, as the intent to carry out an objective and taking a substantial means toward doing that.”
Moreno provided an anecdote about how a bank robber told a teller, “Give me the money in your drawer” before then being thwarted by a security officer.
“That person has attempted to commit bank robbery, even though he has not stolen the money because he was stopped by a third-party intermediary,” Moreno said.
In addition, Moreno questioned Evans about whether an organization that filed several hundred frivolous voter challenges could be considered an attempt to intimidate voters.
Evans said that True the Vote did not use tactics to intimidate voters like other cases where robocalls were used to threaten voters or Native Americans were targeted by sending people to follow them into polling places.
“Judge Jones looked at the evidence,” Evans said. “He evaluated the demeanor of the witnesses. He saw the witnesses testify, evaluated the totality of the evidence, and he made a factual finding in his order that said that there was no intent by True the Vote to intimidate any voter, any witness.”
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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 Federal court might revive Georgia lawsuit claiming mass challenges violate Voting Rights Act 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 article presents a legal case surrounding allegations of voter intimidation during the 2021 Georgia runoff election. It highlights the arguments from Fair Fight Action, a voting rights group founded by Stacey Abrams, as well as True the Vote, a conservative organization. The language and framing emphasize the significance of protecting voting rights, and the article provides detailed accounts from both sides. However, the presence of Fair Fight, a prominent Democratic-backed organization, along with a critical view of True the Vote’s actions, gives the article a lean towards the left, advocating for the protection of minority voters and questioning the motives of conservative groups.
News from the South - Georgia News Feed
Senate megabill marks biggest Medicaid cuts in history
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.
The post Senate megabill marks biggest Medicaid cuts in history appeared first on www.wjbf.com
News from the South - Georgia News Feed
Get ready for a wet start to July, but drier skies ahead for the Fourth!
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.
The post Get ready for a wet start to July, but drier skies ahead for the Fourth! appeared first on www.wjbf.com
News from the South - Georgia News Feed
Judge blocks Georgia’s new social media age verification law just before it was set to start
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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