Those 50,000 Georgians who were told them may not be able to vote received some good news this evening. A panel of judges has ruled that all 50,000 voters will be allowed to vote on Nov. 4.
According the Atlanta Journal-Constitution, not only should the "flagged" voters be allowed to vote, but the court also ordered Secretary of State Karen Handel to
“make diligent and immediate efforts to notify, in a uniform manner, every person whose voter registration presently remains flagged.” Those voters must be told that they can vote by a “challenged ballot,” if necessary, and that there is a discrepancy in their registration information, the court said. Challenge ballots are typically cast on paper and are set aside and not counted until the discrepancy is cleared up.
This is great news for the voters of Georgia.
As noted earlier today, the Secretary of State’s Office raised concerns about the citizenship of more than 4,500 Georgia voters, and more than 50,000 voters had been "flagged" due to inconsistencies between voter registration info and previous government databases.
Fortunately, voter-rights groups sued the SoS office.
The judges said in their order that Handel should have had the new system approved by the U.S. Department of Justice for review before implementing it, as required under the Voting Rights Act of 1965. That process is now under way, after the Justice Department asked the state to submit it for review.
Even more importantly, the court ordered that no names can be removed from voters lists unless the voter admits in writing that he/she is an ineligible voter.
The ruling grants a temporary injunction requested by civil rights groups representing a Kennesaw State University student whose citizenship had been mistakenly questioned by registrars in Cherokee County. If the Justice Department approves the state’s system, the injunction ends. The Justice Department has up to 60 days to make a decision.
The judges said they tried to create a solution that protects the rights of voters who were mistakenly flagged by the state’s system and also ensures that only eligible voters take part in the election.
As other courts have in Indiana, Ohio and other locales across the country in the last week or so, this panel ruled on the side of voter's rights here, and not on another goddamn technicality.
It should be noted that SoS Handel actually agreed with the ruling.
Handel said in an interview Monday evening that the court said she was correct to verify voters’ identification and citizenship.
“They clearly agreed with what we advised the counties,” Handel said.
She agreed that it’s vital that the state both allow eligible voters to cast ballots and to ensure that only those eligible participate in elections.
“Any voter who comes to the poll should be given the opportunity to vote,” Handel said, even if they have to cast a provisional paper ballot.
One interesting side note - take a look at the judicial appointments who made up the panel:
The order was written by Judge Stanley Birch of the 11th U.S. Circuit Court of Appeals and U.S. District Court judges Jack Camp and Bill Duffey. All three were appointed by Republican presidents: Birch by President George H.W. Bush, Camp by President Ronald Reagan and Duffey by President George W. Bush.
Tonight, we are all Georgians. Now get out there brothers and sisters and vote early (and often)!