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Georgia: Protections Against Intimidation of Voters and Election Workers

This resource details state and federal laws protecting against the intimidation of voters and election workers and the disruption of the voting process.

Last Updated: October 25, 2024
Published: October 28, 2022
View the entire Laws Protecting Voters and Election Workers from Intimidation series

Voters in Georgia have the right to vote free from intimidation under federal and state law.footnote1_ogHUWPiH9a4Egs2zw393E4MmIW7gwzi1zQzMhn8E7Q_eB6bX8HFDgpM1See, 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_otW5dxQIfyAX1See 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:

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_lCGOjbs2Qjmg5Ga. Code §§ 21–2–229, 21–2–230.state law also provides for some guardrails:

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_b8k62F0jrQee9Ga. Code § 21–2–230(i).

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

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_pYsA62I57XiF12Ga. 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 managers are authorized to remove any watcher for interfering or violating any of these rules.footnote17_3LpS0szWPxbaQhaU34KstXsdtLOJQCLOCtUq0MweabQ_iE9okTLWETJd17Ga. 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_zEvgr00qJMFb18Ga. 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_dAxVqelQfJNA19Ga. 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_yxjTIrgFDJfQ20Ga. 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_v6agizJRR8e12118 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.

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