Georgia: Protections Against Intimidation of Voters and Election Workers

Voters in Georgia have the right to vote free from intimidation under federal and state law.footnote1_ogHUWPiH9a4Egs2zw393E4MmIW7gwzi1zQzMhn8E7Q_qJdwyb4pPCmz1 See, e.g., 18 U.S.C. §§ 594, 241; 52 U.S.C. § 10101(b); Ga. Code §§ 21–2–566(3)–(4), 21–2–567; see also Ga. Code § 21–2–593(1)–(2) (creating a criminal penalty for law enforcement officers who neglect or refuse to clear obstructions that prevent voters from entering polling places or to quell other polling place disturbances when called upon). Federal law broadly prohibits intimidation, threats, or coercion throughout every stage of the election process;footnote1_QY2dUiYlF4pPLu3rzJo7Dn6zjiQ5N6UWuUWFNXebnLM_eKRAeD294rK61 See U.S. Department of Justice, Voting Rights Fact Sheet (Sept. 2024), https://www.justice.gov/crt/media/1366636/dl (summarizing federal laws that protect against intimidation). more information on the federal protections that apply to all states can be found here. In addition, the following actions are specifically prohibited by Georgia law:

• Willfully blocking or attempting to block the avenue to the door of any polling place.footnote2_3CYDn8qq4Pm3DqB6k3lCD6Mg6tK5A5-JZtgOpgCiU-4_j1VrdrGxLUnX2 Ga. Code § 21–2–566(3).
• Using or threatening violence in a manner that would prevent a reasonable elector from voting or actually prevents any elector from voting.footnote3_pIzAMSpmbwGgVHO63K5bVIby2spWB7jVwy6LRCE1Phs_baAioqOFdjON3 Ga. Code § 21–2–566(4).
• Using or threatening to use force and violence or acting in any other manner to intimidate any person to vote or refrain from voting, to vote or refrain from voting for or against a particular candidate or question, or to register or refrain from registering to vote.footnote4_WwU0z5PDPyvv0KMWL1yoIDiIgzsJYrRNSzIiNVyyOm0_yrhkXewiFYev4 Ga. Code § 21–2–567.

The below addresses the laws that serve as guardrails against specific threats of intimidation.

Voter Challenges

Although Georgia permits any registered voter to challenge another voter’s eligibility,footnote5_ZoC3RrhlzaBkGgzFJA2DmDE28LaUKkTrcxwsxHgJdww_wxvek1eRM5385 Ga. Code §§ 21–2–229, 21–2–230. state law also provides for some guardrails:

• A challenge to a voter’s right to vote must be made in writing and delivered to the board of registrars prior to the voter casting a ballot and must distinctly specify the grounds of the challenge.footnote6_ONuMobq-efQ-iZt3SUnqVIe4NawatBkPxJGxCRofE_swPq0mzC4cLj6 Ga. Code §§ 21–2–229(a), 21–2–230(a). Challenges cannot be made to any poll worker at a polling place.
• A challenge cannot move forward without probable cause.footnote7_7x4a6Q51cSEWfjJVWWXmXgma55VfP-ESRrLHtvEOo_yumRlJfD1wuP7 See alsoGa. Code § 21–2– 230(b).  The burden is on the challenger to establish probable cause, not on the challenged voter to prove their eligibility.
• A challenge that is either intended to intimidate or results in the intimidation of a voter constitutes a felony.footnote8_WwU0z5PDPyvv0KMWL1yoIDiIgzsJYrRNSzIiNVyyOm0_nCamEvd47fnB8 Ga. Code § 21–2–567.

If a challenge meets the probable cause threshold but the voter cannot immediately appear before the board of registrars and answer the grounds of the challenge before the polls close, the voter should be allowed to cast a challenged (i.e., provisional) ballot.footnote9_8hYWgnltMrsvAEdTDKpPrfDCdGpwGSop8J3C9vhOImI_e7A2izE3J1iG9 Ga. Code § 21–2–230(i).

The National Voter Registration Act (NVRA) provides additional safeguards to protect voters from mass challenges before an election:

• The NVRA expressly recognizes that National Change of Address information is not sufficient on its own to serve as the basis for canceling a voter’s registration.footnote10_PLl6vSUctQ9PTGM3shI44UyFWwX0znRa3QTtakW9uDg_vPYQdXBDHSp510 52 U.S.C. § 20507(c)(1)(B).
• The NVRA prohibits the systematic removal of voters from the rolls within 90 days of a federal election.footnote11_gMU4pKaaGGtR0djXke9owYAHAATVZbmZt7GBXP2Bc7Y_jzgV30OqikJH11 52 U.S.C. § 20507(c)(2)(A).

The Brennan Center and All Voting Is Local published a detailed resource on the limits on voter eligibility challenges in Georgia here.

Intimidation of Poll Workers and Election Officials

In addition to federal protections against the intimidation of election workers, it is a felony in Georgia to interfere with a poll worker performing their duties.footnote12_2g3irzjsdCoUhXvDxHwrFk2pHjhuqaAQdyf-DqbSQQ_xXAH9fFXLKLA12 Ga. Code §§ 21–2–569, 21–2–566(2), 21–2–593(3) (creating a criminal penalty for law enforcement officers who hinder or delay poll officers in the performance of their duties). These protections for poll workers extend to the vote-counting process and all other aspects of election administration.

Voter Intimidation by Poll Workers

The Brennan Center and All Voting is Local published a detailed resource on the rules and constraints for Georgia poll workers here.

Intimidation by Poll Watchers

In addition to Georgia’s voter intimidation laws detailed above, state law places limits on who may serve as an observer and what they may and may not do:

• Poll watchers must be appointed in advance of the election by party or candidate representatives in Georgia.footnote13_bZgkwSAQMaYmvgv0klaCtbbmF05fHsbS9I09JHkrHWg_nxLO1XSeGeKZ13 Ga. Code § 21–2–408(b). Unauthorized watchers should not be permitted at polling places.
• A party may have no more than four poll watchers (two local and two statewide) in a precinct.footnote14_bZgkwSAQMaYmvgv0klaCtbbmF05fHsbS9I09JHkrHWg_awPBVd89XMB514 Ga. Code § 21–2–408(b).
• Watchers must wear an official badge while present in a polling place.footnote15_3LpS0szWPxbaQhaU34KstXsdtLOJQCLOCtUq0MweabQ_jcHKvnQkF2JV15 Ga. Code § 21–2–408(d).
• Georgia law prohibits watchers from interfering with the conduct of an election in any way. Specifically, those serving as poll watchers may not talk to voters, use cell phones, take photos, record video, campaign, or check the electors list.footnote16_3LpS0szWPxbaQhaU34KstXsdtLOJQCLOCtUq0MweabQ_gqHSdf0VIY8X16 Ga. Code § 21–2–408(d).

Poll managers are authorized to remove any watcher for interfering or violating any of these rules.footnote17_3LpS0szWPxbaQhaU34KstXsdtLOJQCLOCtUq0MweabQ_tt0zcM9GTjga17 Ga. Code § 21–2–408(d).

The Brennan Center and All Voting Is Local published a detailed resource on the rules and constraints on Georgia poll watchers here.

State and Local Law Enforcement

It is a misdemeanor for law enforcement officers to neglect or refuse to clear obstructions that prevent voters from entering polling places or to quell other polling place disturbances when called upon to do so by a poll worker.footnote18_wftXgrD89mK8Lld8veeXHHH5G4r3OxmqGPLTG3cnY_aU0Day3YecHV18 Ga. Code § 21–2–593(1)–(2). It is also a misdemeanor for law enforcement officers to willfully hinder or delay poll workers in the performance of their duties.footnote19_7rJqV6hrCUpw7OwnfjUr95DGfhPy7ZPPlavfWA6RZ8A_q2MsImsTWAyV19 Ga. Code § 21–2–593(3).

Guns at Polling Locations

Georgia prohibits guns, apart from those belonging to peace officers, within 150 feet of polling places.footnote20_hHkW-ohRkIFThBtHEG58UP3baiMv64dFd1n7HbfS1qI_cem0FGB5TEhX20 Ga. Code §§ 21–2–413(i), 16–11–127(b)(7). The presence of any such firearm in or around a polling place should be treated as intimidation.

Even at locations where firearms are not expressly prohibited, firearm carry may constitute unlawful intimidation. Such conduct may consist of carrying a visible firearm while near a polling location or at a drop box or vote-counting site, displaying a concealed firearm during a discussion or argument with a voter or election worker, or approaching a voter or election worker while displaying a firearm.

Door-to-Door Intimidation

Georgia and federal law prohibit canvassing efforts that are used to intimidate voters.footnote21_d1XxZeW0DqsERsFul-KeHkRJTQKItPPY4RsOxKRjuB4_l02O0yDB309i21 18 U.S.C. §§ 594, 241; Ga. Code § 21–2–567. Any voter who receives a visit from a privately organized canvassing group does not have to answer any questions and should report any incidents of intimidation to their local officials.