SPLC, ACLU, Akerman Secure Order to Halt Georgia Mass Voter Challenges

ATLANTA — Yesterday, the Southern Poverty Law Center (SPLC), ACLU of Georgia, the American Civil Liberties Union (together, ACLU), and Akerman LLP successfully obtained a temporary restraining order to restore the registration status of Oconee County voters who were placed on a “challenge list” within 45 days of the election as a result of mass voter challenges. In the order, the court also found that state law requires county election officials to stop considering challenges within 45 days of an election, regardless of when the mass challenges were submitted.

SPLC, ACLU, and Akerman LLP brought this claim on behalf of Oconee resident and voter Susan Noakes in Heimel v. Gregg.

“As a longtime registered voter in Oconee County, I support my county election administrators,” said Susan Noakes. “But these last-minute voter challenges directly interfere with election officials’ abilities to prepare for the upcoming election and create anxiety and burdens for Oconee voters,” she added. “I am glad the court stepped in today to affirm the constitutional right to vote.”

Adding: “This court order is a win for voters, affirming their right to be on the voter rolls, cast their ballots and ensure those ballots are counted,” stated Poy Winichakul, senior staff attorney, SPLC. “This ruling allows democracy to work for all Georgians.”

The SPLC, the ACLU of Georgia, the American Civil Liberties Union and Akerman LLP intervened in a lawsuit filed against election officials in Oconee County, Ga. In the original case, a voter asked the court to stop the local board of elections and registration from registering new voters until it held hearings on approximately 230 voters whose registrations were challenged in July. Earlier this month, the law firms represented Ms. Noakes, an Oconee County voter, in an action to intervene in the case and dismiss the request to sustain the voter challenges. The court granted the motion to intervene and motion to dismiss the case, ultimately stopping mass voter challenges and possible voter roll purges. 

“This ruling ensures justice for Oconee County voters and is an authoritative statement that voter challenges should not change the status of voters in the immediate run-up to an election. We look forward to continuing the fight for voters wrongly challenged throughout the state,” said Caitlin May, voting rights attorney, ACLU of Georgia.

"We’re pleased that the court recognized Georgia law's protections against eleventh-hour efforts to prevent people from being able to exercise their right to vote," added Theresa J. Lee, senior staff attorney, ACLU Voting Rights Project.