ATLANTA — A federal judge ruled against a broad ban on photographing voted ballots Friday, throwing out a part of Georgia’s new voting law while allowing the rest of it to stand.
The decision is the first time a judge has invalidated a section of the 98-page voting law, which also limits ballot drop boxes, requires more ID to vote absentee and allows the state government to take over county elections.
U.S. District Judge J.P. Boulee rejected the law’s sweeping prohibition of photographing or recording any filled-out ballot, finding that such far-reaching restrictions violate freedom of speech protections guaranteed by the First Amendment of the U.S. Constitution.
Boulee upheld other parts of the law fought in the lawsuit, including a requirement that voters request absentee ballots at least 11 days before election day and a prohibition on election observers communicating information to anyone other than election officials.
“The court recognizes that a preliminary injunction is an extraordinary remedy that should be granted sparingly, especially when it enjoins enforcement of a statute, but finds it is appropriate here given the constitutional rights at stake and plaintiffs’ satisfaction of the requisite burden,” Boulee wrote in a 39-page order.
Boulee’s decision came in a lawsuit filed by the Coalition for Good Governance, an election security organization that contested Georgia’s voting law, Senate Bill 202, before this fall’s upcoming municipal elections.
Seven other lawsuits opposing the law, including a case by the U.S. Department of Justice, are also pending.
The restriction on photography would have prohibited election observers, journalists and the public from recording an image of a ballot at any point in the voting process, including in polling places, during vote-counting and during recounts.
“The court’s striking of the photography ban was an important first step in demonstrating that SB 202 is an overreach by lawmakers who prefer ballots to be counted behind closed doors, blocking the important oversight of the press and public,” said Marilyn Marks, executive director of the Coalition for Good Governance.
Even if the photography rule preserved ballot secrecy and prevented fraud, attorneys for the state failed to argue that a “blanket prohibition” on images in any circumstance is justified, Boulee wrote.
The secretary of state’s office didn’t immediately respond to a request for comment.
The underlying lawsuit by the Coalition for Good Governance also challenges the ability of the State Election Board to replace county elections management, a process that the board started Wednesday when it launched a performance review of Fulton County’s elections. Boulee didn’t rule on the takeover provisions of the voting law.
Boulee’s decision is the second time he has issued a ruling. He had previously upheld contested parts of the voting law as early voting was underway for special elections held in July.
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