SB 536: "Henry McNeal Turner Voting Rights Act"; enact

Senate Bill 536

By: Senators Jones II of the 22nd, Merritt of the 9th, Parent of the 44th, Mangham of the 55th, Orrock of the 36th and others

A BILL TO BE ENTITLED

AN ACT

To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the "Henry McNeal Turner Voting Rights Act"; to prohibit voter suppression and vote dilution; to provide guidelines and rules for evaluating voter suppression and vote dilution; to establish the Georgia Voting Rights Commission and to provide duties and powers thereof; to provide for commissioners, their selection, terms, and compensation; to provide for a nominating committee; to provide for commission staff; to attach the commission to the Secretary of State's office for administrative purposes; to provide for preclearance of certain policies and procedures related to voting; to provide for covered policies; to provide for covered political subdivisions; to provide standards for preclearance determinations; to provide procedures for obtaining preclearance; to provide protections for limited English proficient voters and voters with disabilities; to provide for unwritten languages and voters educated in Puerto Rico and American territories; to provide for in-language services; to establish the Georgia Voting and Elections Database and Institute; to provide for the mission of such institute; to provide for data to be maintained and produced by the institute; to provide for data standards; to provide for authentication; to require state and local agencies to cooperate with the institute; to allow for technical assistance; to provide an exemption from the open records requirements; to provide for annual reporting; to prohibit intimidation, deception, and obstruction of voters; to provide for damages; to provide for public notice of voting related changes; to provide a democracy cannon; to provide for enforcement; to provide standing; to provide a safe harbor; to provide for judicial actions, expedited review, relief, and remedies; to limit causes of action; to prohibit the defense of laches; to authorize attorney's fees; to provide for rules and regulations; to provide for construction; to waive privileges and sovereign immunity; to provide legislative findings and declarations; to provide for definitions; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by revising Chapter 3, which is reserved, as follows:

"CHAPTER 3

ARTICLE 1

21-3-1.

This chapter shall be known and may be cited as the 'Henry McNeal Turner Voting Rights Act.' Reserved.

21-3-2.

The General Assembly finds and declares that:

(1) Electoral systems or practices that deny to any race, color, or language minority group an equal opportunity to elect candidates of their choice are inconsistent with the free and open elections and the rights provided for in Article II of the Constitution of this state and the protections found in the Fourteenth and Fifteenth Amendments to the United States Constitution;

(2) Discrimination in voting is a persistent matter of state-wide concern due to the history of discriminatory practices that create disparities that persist over time;

(3) Voter turnout is a matter of state-wide concern and is more likely to be low in local elections when such elections are not coordinated with state-wide elections;

(4) Prevention of discrimination in voting and voter turnout is a matter of state-wide concern; and

(5) It is in the best interest of the state to create a state voting rights act that protects against discrimination in voting and that encourages local elections to be held in coordination with state-wide elections.

21-3-3.

As used in this chapter, the term:

(1) 'Commission' means the Georgia Voting Rights Commission.

(2) 'Commissioner' means a member of the Georgia Voting Rights Commission.

(3) 'Database and Institute' means the Georgia Voting and Elections Database and Institute.

(4) 'Disability' has the same meaning as set forth in the Americans with Disabilities Act, 42 U.S.C. Section 12102.

(5) 'Election policy or practice' means any qualification to be a voter, prerequisite to voting, method of election, or any other law, statute, ordinance, resolution, charter or code provision, regulation, rule, policy, practice, procedure, standard, or any other action with respect to voting, electoral or jurisdictional boundaries, or the administration or schedule of elections.

(6) 'Governing body' means the entity with official authority to make or enforce decisions, policies, and laws for a political subdivision.

(7) 'Limited English proficient' or 'LEP' means and includes individuals who self-report speaking, reading, or understanding the English language less than 'very well,' according to the United States Census Bureau data or data of comparable quality collected by a governmental entity, including as self-reported by such persons to a governmental entity.

(8) 'Method of election' means the manner or mechanism by which candidates are elected to a governmental body of a political subdivision, and includes any at-large, district based, proportional, semi-proportional, or other method of election, as well as any districting or redistricting plan used to elect candidates to the governmental body.

(9) 'Political subdivision' means any county, municipality, jurisdiction, school district, local school system, special district, election superintendent, registrar, board of election, board of election and registration, judge of the probate court, or any other governmental entity in which elections are conducted or that administers elections, or any staff or agents of such entity.

(10) 'Polling location' means any location designated by an election superintendent for the casting of ballots, including, but not limited to, election day voting sites, advance voting locations, ballot drop box locations, and early or absentee voting sites.

(11) 'Protected class' means any group of individuals who are members of any race, color or language minority, including, but not limited to, a class of two or more such groups. Such term includes individuals who are members of a minimum reporting category that has been officially recognized by the United States Census Bureau.

(12) 'Qualifying school' means a public or private school accredited by a United States territory or the Commonwealth of Puerto Rico in which the predominant classroom language is one other than English.

(13) 'Racially polarized voting' means voting in which there is a divergence in the candidate preferences, political preferences, or electoral choices of members in a protected class, including the combined preferences of a protected class comprising two or more groups of voters, from the candidate preferences, political preferences, or electoral choices of members of another class or set of classes.

(14) 'Vote' or 'voting' means all action necessary to make a vote effective in any primary, special, general election, or runoff, including, but not limited to, registration or other action required by law prerequisite to voting; casting a ballot by any method permitted by law, including any method available as a remedy under this chapter; and having such ballot counted properly and included in the appropriate totals of votes received for propositions or for candidates for public or party office.

ARTICLE 2

21-3-10.

(a) No political subdivision or state agency may engage in voter suppression as set forth in this article. No political subdivision or state agency may implement, impose, or enforce any election policy or practice that results in, is likely to result in, or is motivated, in whole or in part, by the intent to result in, voter suppression.

(b) A violation of subsection (a) of this Code section is established if either of the following is present:

(1) A material disparity affecting protected class members in voter participation, access to voting opportunities, or the opportunity or ability to participate in any stage of the political process, as a result of the policy or practice; or

(2) Based on the totality of circumstances, an impairment of the equal opportunity or ability of protected class members to participate in any stage of the political process.

(c) There is no violation under paragraph (1) of subsection (b) of this Code section if the political subdivision or state agency demonstrates by clear and convincing evidence that:

(1) The election policy or practice is necessary to significantly further a compelling and particularized governmental interest; and

(2) There is no reasonable alternative election policy or practice that comparably furthers the compelling and particularized governmental interest and results in a smaller disparity between protected class members and other members of the electorate.

(d) A violation may also be established through direct or circumstantial evidence of intentional discrimination; provided, however, that evidence of intentional discrimination, including evidence concerning the intent of electors, elected officials, or public officials to discriminate against protected class members, shall not be required under subsection (b) of this Code section.

21-3-11.

(a) No political subdivision may engage in vote dilution as set forth in this Code section. No political subdivision may employ any method of election that has the effect, will likely have the effect, or is motivated in part by the intent, of diluting the vote of protected class members.

(b) A violation of subsection (a) of this Code section is established if:

(1) Either:

(A) Elections in the political subdivision exhibit racially polarized voting resulting in an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice; or

(B) Based on the totality of circumstances, the equal opportunity or ability of protected class members to nominate or elect candidates of their choice is impaired; and

(2) Another method of election or change to the existing method of election exists that could be constitutionally adopted or ordered under Code Section 21-3-124 would likely mitigate the impairment.

(c) A violation may also be established through direct or circumstantial evidence of intentional discrimination; provided, however, that evidence of intentional discrimination, including evidence concerning the intent of electors, elected officials, or public officials to discriminate against protected class members, is never required under subsection (b) of this Code section.

21-3-12.

(a) Code Sections 21-3-10 and 21-3-11 shall be evaluated subject to the guidelines provided for in subsections (b) through (e) of this Code section and any rules promulgated by the commission thereto.

(b) To evaluate the totality of circumstances under paragraph (2) of subsection (b) of Code Section 21-3-10 or subparagraph (b)(1)(B) of Code Section 21-3-11 the following factors may be relevant:

(1) The history of discrimination with respect to the protected class at issue;

(2) The extent to which members of the relevant protected class are disadvantaged or otherwise bear the effects of public or private discrimination in areas such as education, employment, health, criminal justice, housing, transportation, land use, or environmental protection;

(3) The use of any election policy or practice that may enhance the discriminatory or dilutive effects of the relevant election policy or practice or method of election in the political subdivision;

(4) The extent to which members of the relevant protected class vote or register to vote at lower rates;

(5) The extent to which members of the relevant protected class have historically made campaign contributions at lower rates;

(6) The extent to which candidates who are members of the relevant protected class have faced hostility or barriers with respect to campaigning, getting on the ballot, receiving financial support, or receiving any other support for an election;

(7) The use of overt or subtle racial appeals, whether in the course of political campaigns or by government officials, including racial appeals made in public discourse or in connection with the adoption or maintenance of the election policy or practice;

(8) The extent to which the members of the relevant protected class have been elected to office;

(9) The lack of responsiveness by elected officials to the particular needs of members of the relevant protected class or a community of members of the relevant protected class;

(10) Whether the election policy or practice is necessary to significantly further a compelling and particularized governmental interest;

(11) The process that led to the adoption of the election policy or practice; and

(12) Other factors deemed relevant.

(c) No set number or combination of these factors shall be met to determine that a violation occurred.

(d) There is no requirement that evidence shall affect all individuals or groups within a protected class to be relevant.

(e) For alleged violations pertaining to a particular political subdivision, evidence of the factors enumerated in subsection (b) of this Code section may be deemed more probative if it relates to the political subdivision in which the alleged violation occurred, but evidence related to the state or the geographic region in which that political subdivision is located may also be probative. The fact that similar or worse circumstances may exist in other political subdivisions does not reduce the probative value of the evidence relevant to the particular political subdivision.

21-3-13.

To determine whether elections in the political subdivision exhibit racially polarized voting under subparagraph (b)(1)(A) of Code Section 21-3-11:

(1) Racially polarized voting is assessed based on the relevant election results, which may include, but are not limited to, elections for offices of the political subdivision; elections held in the political subdivision for other offices, such as state or federal offices; and other electoral choices that bear on the rights and privileges of the protected class;

(2) No set number or combination of elections is required to establish the existence of racially polarized voting, and:

(A) Evidence of nonpolarized voting in elections for offices outside the political subdivision shall not preclude a finding of racially polarized voting based on elections for offices of the political subdivision;

(B) Nonstatistical or nonquantitative evidence shall not preclude a finding of racially polarized voting based on statistical or quantitative evidence; and

(C) Low or high turnout or registration rates among protected class members shall not preclude a finding of racially polarized voting;

(3) When assessing the combined candidate preferences, political preferences, or electoral choices of a protected class comprising two or more groups of voters, there is no requirement that it be statistically shown that each group or subgroup be separately polarized from those of other voters; and

(4) The causes of racially polarized voting shall not be relevant, and the existence of alternative explanations, including partisan explanations, does not preclude a finding of racially polarized voting.

21-3-14.

(a) When evaluating whether a violation of this article is present the following circumstances shall not be relevant:

(1) The absolute number or share of protected class members on whom the election policy or practice imposes a material burden is small;

(2) The degree to which the election policy or practice has a long pedigree or was in widespread use at some earlier date;

(3) The use of an identical or similar election policy or practice in other states or political subdivisions; or

(4) The availability of forms of voting unimpacted by the election policy or practice.

(b) A governmental interest in preventing voter fraud or bolstering voter confidence in the integrity of elections shall be irrelevant unless there is substantial evidence that criminal activity by individual electors has occurred in the political subdivision in substantial numbers and the connection between the election policy or practice and a state interest in preventing such criminal activity or bolstering voter confidence in the integrity of elections is supported by substantial evidence.

(c) Whether protected class members typically elect candidates of their choice to the governing body in approximate proportion to their total number or share of the population may be relevant under Code Section 21-3-11.

(d) For the purpose of satisfying Code Section 21-3-11, particularly subparagraph (b)(ii)(B) of such Code section, it shall not be necessary for the total number or share of protected class members to exceed any numerical threshold in any district or in the political subdivision as a whole.

(e) Upon finding a violation of this article, notwithstanding any other law to the contrary, a court shall exercise its equitable powers to fashion relief so as to completely remedy the dilution or suppression, which may include, but shall not be limited to, altering the method of election used by the political subdivision.

ARTICLE 3

21-3-30.

(a) There is established the Georgia Voting Rights Commission which shall consist of five commissioners, each of whom shall serve staggered five-year terms.

(b) Commissioners shall be compensated for their time spent on commission business at an hourly rate based on the rate equivalent to an assistant attorney general

21-3-31.

(a) Under the guidance of the Secretary of State, a nominating committee shall be formed to identify qualified candidates to serve as members of the commission. The nominating committee shall be composed of nominating organizations certified pursuant to this Code section.

(b) Organizations may apply with the Secretary of State to be certified as a nominating organization for five-year terms. Following the conclusion of a term, an organization may be recertified. The Secretary of State shall certify any organization that applies to be a nominating organization if the organization:

(1) Demonstrates commitment to the purpose of the commission by securing the voting rights of members of a protected class as defined by the commission, including, but not limited to, reference to members of a protected class in its mission statement, involvement in numerous voting rights cases brought within the state on behalf of members of protected classes, or involvement in advocacy in support of members of protected classes or the commission;

(2) Has registered as a nonprofit corporation with the Secretary of State; and

(3) Demonstrates continuous operation as a nonprofit organization under 26 U.S.C. Section 501(c)(3) or as a nonprofit corporation registered with the Secretary of State for at least five years.

(c) If the Secretary of State fails to timely certify an organization that satisfies the qualifications provided for in subsection (b) of this Code section following such organization's application to be certified as a nominating organization, the organization may file an action against the Secretary of State for a declaratory judgment certifying the organization as a nominating organization.

(d) A nominating organization may be decertified for cause by a majority vote of all of the then certified nominating organizations.

(e) If there are fewer than 16 nominating organizations certified by the Secretary of State, the nominating committee shall consist of all of the nominating organizations. If there are 16 or more nominating organizations certified by the Secretary of State, the nominating committee shall consist of 15 nominating organizations randomly selected on an annual basis from all of the certified nominating organizations in such year.

(f) The nominating committee shall select its own chair to preside over meetings and voting of the commission.

21-3-32.

(a) Commissioners shall be selected as follows:

(1) The nominating committee shall solicit applications to serve as a commissioner from across the state. A commissioner shall:

(A) Be a resident of this state;

(B) Be a member of the State Bar of Georgia with at least five years of legal experience;

(C) Have demonstrated experience representing or advocating on behalf of members of protected classes;

(D) Have not served in elected office within the previous five years; and

(E) Not currently be serving in any government office or holding any office with a political organization as defined in Code Section 21-2-2.

(2) The nominating committee shall maintain a qualified candidate pool consisting of at least 30 qualified candidates to serve on the commission. Individuals shall only be added to the qualified candidate pool upon a three-fifths' vote of the nominating committee. The size of the qualified candidate pool may be increased or decreased from 30 qualified individuals by a three-fifths' vote of the nominating committee. (b)(1) The Secretary of State shall appoint five commissioners who meet the qualifications provided for in subsection (a) of this Code section. The Secretary of State may appoint an individual from the nominating pool or may appoint an otherwise qualified individual who is not in the nominating pool. If the Secretary of State appoints an individual who was not in the nominating pool, the Secretary of State shall provide a written statement as to why it was necessary to depart from the candidates in the nominating pool.

(2)(A) Upon the initial formation of the commission, the Secretary of State shall designate the initial commissioners so that one commissioner shall serve a five-year term, one commissioner shall serve a four-year term, one commissioner shall serve a three-year term, one commissioner shall serve a two-year term, and one commissioner shall serve a one-year term.

(B) Except for the initial terms provided for in subparagraph (A) of this paragraph, commissioners shall serve five-year terms.

(3) At least 60 days before the conclusion of a commissioner's term, the Secretary of State shall appoint a new commissioner to take office upon the conclusion of the current commissioner's term. In the event a vacancy occurs on the commission, within 30 days of the vacancy, the Secretary of State shall appoint a new commissioner to serve out the remainder of the unexpired term. All appointments made pursuant to this paragraph shall be in the same manner as provided for in paragraph (1) of this subsection.

21-3-33.

(a) In any action or investigation to enforce this chapter, the commission may subpoena witnesses, administer oaths, examine individuals under oath, determine materials facts, and compel production of records, books, papers, contracts, and other documents in accordance with the rules of civil procedure.

(b) The commission may hire staff and make expenditures as necessary to carry out its responsibilities.

(c) The commission shall be attached for administrative purposes only to the office of the Secretary of State as provided for in Code Section 50-4-3. The board shall neither be under the jurisdiction of the Secretary of State nor shall it be considered a division of the office of the Secretary of State.

ARTICLE 4

21-3-40.

(a) The implementation of a covered policy, as provided for in subsection (c) of this Code section, by a covered political subdivision, as provided for in subsection (d) of this Code section, shall be subject to preclearance by the commission pursuant to this article.

(b) The commission is responsible for administering this article, and:

(1) The commission shall determine on a fixed date on an annual basis which political subdivisions are covered political subdivisions pursuant to subsection (d) of this Code section and shall publish a list of covered political subdivisions on its website no later than 30 days after making such determinations;

(2) All coverage determinations shall be made by the commission based on data provided by the Database and Institute established pursuant to Article 6 of this chapter, or if no such data is available, from other reputable sources, including, but not limited to, the United States Census Bureau data from the American Community Survey and other federal or state offices. To the extent that necessary data is not available, the commission shall base coverage determinations on estimates derived from available data using validated methodologies; and

(3) The commission shall give notice directly to each covered political subdivision and provide to them the corresponding requirements accompanying such coverage.

(c) Covered policies include:

(1) Any new or modified election policy or practice;

(2) Any change in the powers, duties, responsibilities, jurisdiction, or authority of an elected official, or any action or policy that has the purpose or effect of diminishing, reassigning, or altering the functional role or influence of an elected official; or

(3) Any new or modified method of election or maintenance of a method of election following a decennial census.

(d) Covered political subdivisions include:

(1) Any political subdivision that, at any point in the previous 25 years, has been subject to a court order based upon a judicial finding of a qualifying violation or its factual predicate or subject to a consent decree or court approved settlement agreement in which a qualifying violation was conceded or stipulated by the political subdivision. A qualifying violation includes:

(A) A violation of this chapter, the federal Voting Rights Act, the Fifteenth or Twenty-fourth Amendment to the United States Constitution, a voting related violation of the Fourteenth Amendment to the United States Constitution, or any voting related violation of any other state or federal election law, concerning discrimination against protected class members; or

(B) A violation of any state or federal civil rights law or the Fourteenth Amendment to the United States Constitution concerning a pattern, policy, or practice of discrimination against protected class members;

(2) Any political subdivision that, at any point in the last 25 years, enacted or implemented a covered policy without obtaining preclearance for such policy pursuant to this article;

(3) Any political subdivision that contains at least 1,000 eligible voters of any protected class, or in which members of any protected class constitute at least 10 percent of the eligible voter population of such political subdivision, and in which, at any point in the last ten years, the percentage of voters of any protected class in a political subdivision which participated in any general election for any political subdivision office was at least ten percentage points lower than the percentage of all voters in the political subdivision that participated in such election;

(4) Any political subdivision that contains at least 1,000 eligible voters of any protected class, or in which members of any protected class constitute at least 10 percent of the eligible voter population of the political subdivision, and in which, at any point in the last ten years, the percentage of eligible voters of that protected class who were registered to vote was at least ten percentage points lower than the percentage of all eligible voters in the political subdivision who were registered to vote;

(5) Any political subdivision that contains at least 1,000 eligible voters of any protected class, or in which members of any protected class constitute at least 10 percent of the eligible voter population of the political subdivision, and in which, at any point in the last ten years, the poverty rate among the population of a protected class exceeded the poverty rate among the population of the political subdivision as a whole by at least ten percentage points;

(6) Any political subdivision that contains at least 1,000 eligible voters of any protected class, or in which members of any protected class constitute at least 10 percent of the eligible voter population of the political subdivision, and in which, at any point in the last ten years, the arrest rate among members of such protected class exceeded the arrest rate among the population of the political subdivision as a whole by at least ten percentage points; or

(7) Any political subdivision that contains at least 1,000 eligible voters of any protected class, or in which members of any protected class constitute at least 10 percent of the eligible voter population of the school district, and in which, at any point in the last ten years, the percentage of eligible voters of that protected class who have a high school diploma was at least ten percentage points lower than the percentage of all eligible voters in the political subdivision who have a high school diploma.

21-3-41.

(a) Preclearance submissions shall be evaluated in accordance with the standard set forth in this Code section. Preclearance shall be denied if:

(1) The covered policy is more likely than not to diminish the opportunity or ability of members of the protected class that provided a basis for preclearance to participate in the political process and, in order of priority:

(A) Elect candidates of their choice; or

(B) Otherwise influence the outcome of elections; or

(2) The covered policy is more likely than not to violate this chapter with respect to claims that could be brought by members of the protected class that provided a basis for preclearance.

(b) If denial is not required under subsection (a) of this Code section, preclearance shall be granted.

(c) Covered political subdivisions bear the burden of demonstrating that preclearance shall be granted under this standard.

21-3-42.

Covered political subdivisions shall obtain preclearance for covered policies in accordance with the following:

(1) Covered political subdivisions shall submit covered policies to the commission in writing pursuant to procedures established by the commission;

(2) The commission shall ensure that preclearance submissions and any related materials that are submitted to the commission by covered political subdivisions or other interested parties are posted in a central location on the commission's website in a timely fashion. The commission shall ensure that members of the public have reasonable opportunity to review and submit comments for consideration by the commission before preclearance determinations are made;

(3) If the commission denies preclearance to a covered policy, the covered political subdivisions may not implement the covered policy. The commission shall provide a written explanation for any denial;

(4) If the commission grants preclearance to a covered policy, the covered political subdivision may immediately implement the covered policy; and

(5) A determination by the commission to grant preclearance shall not be admissible in, and may not be considered by, a court in any subsequent action challenging the covered policy. It shall not preclude, bar, or limit in any way any other claims that may be brought regarding the covered policy, including claims brought under other sections of this chapter.

21-3-43.

The commission may adopt rules and regulations to implement its mandate under this article.

21-3-44.

The provisions of this article shall take effect on July 1, 2028. ARTICLE 5

21-3-50.

(a) The commission is responsible for administering this article, and every two years shall determine which political subdivisions meet the demographic threshold for language access coverage as provided for in Code Section 21-3-51 and publish a list of covered political subdivisions and the languages for which each is required to provide language access on its website, no later than 30 days after making such determinations.

(b) All coverage determinations shall be made by the commission based on data from the Database and Institute, produced and maintained pursuant to Article 6 of this chapter, or if no such data is available, from the United States Census Bureau data from the American Community Survey or other data of comparable quality collected by a public office. To the extent that necessary data is not available, the commission shall base coverage determinations on estimates derived from available data using validated methodologies.

(c) The commission shall give notice directly to each covered political subdivision specifying the language or languages for which the subdivision is covered, and the corresponding requirements accompanying such coverage.

21-3-51.

(a) Political subdivisions shall implement language assistance programs when found to meet certain demographic thresholds for voting-eligible LEP individuals in accordance with this Code section.

(b) The commission shall designate one or more languages, other than English, for which language assistance in voting and elections shall be provided Tier 1 language assistance as provided for in subsection (b) of Code Section 21-3-52 by a state agency or a political subdivision responsible for election administration if:

(1) More than 3 percent, but in no instance fewer than 100 individuals, of the voting-eligible population of a political subdivision are members of a single language minority and are LEP individuals;

(2) More than 5,000 of the voting-eligible population of such political subdivision are members of a single language minority and are LEP individuals; or

(3) When a political subdivision that contains, in whole or in part, a Native American reservation or other tribal land, more than 2 percent of the Native American voting-eligible population within the relevant Native American reservation or other tribal land are members of a single language minority and are LEP individuals.

(c) If the voting-eligible population of any language minority group in one or more political subdivisions does not meet the criteria necessary for Tier 1 language assistance in subsection (b) of this Code section, the commission shall designate one or more languages, other than English, for which Tier 2 language assistance in voting and elections shall be provided as required in subsection (c) of Code Section 21-3-52 by a state agency or a political subdivision responsible for election administration if it is determined that:

(1) More than 1 percent, but in no instance fewer than 100 individuals, of the voting-eligible population of a political subdivision are members of a single language minority and are LEP individuals;

(2) More than 1,500 of the voting-eligible population of such political subdivision are members of a single language minority and are LEP individuals; or

(3) When a political subdivision that contains, in whole or in part, a Native American reservation or other tribal land, more than 1 percent of the Native American voting-eligible population within the relevant Native American reservation or other tribal land are members of a single language minority and are LEP individuals.

21-3-52.

(a) Political subdivisions covered under subsection (b) or (c) of Code Section 21-3-51 shall provide language assistance in accordance with this Code section. Compliance with this Code section requires materials and assistance to be provided in a manner designed to allow voters who are members of a single language minority to be effectively informed of and participate effectively in voting connected activities.

(b) A political subdivision required to provide Tier 1 language assistance in a particular language other than English pursuant to subsection (b) of Code Section 21-3-51 shall ensure that each of the following forms of voting assistance is effectively translated and provided to LEP voters:

(1) All official voteable and sample ballots used on election day, advance voting, and for absentee or mail voting shall be fully translated into the covered language and made available to voters in all voting locations and online;

(2) All forms used for voter registration, including online, mail, and in-person registration, along with any explanatory materials, shall be provided in the covered language;

(3) All public notices relating to the electoral process, including notices about registration deadlines, polling location changes, voter education materials, and voting instructions that provide direction during the voting process shall be fully translated and disseminated in the covered language to the same extent that English-language notices are made available, including, but not limited to, notices pursuant to Part 2 of Article 9 of this chapter;

(4) Signage identifying the availability of translated ballots, bilingual poll workers, and live over-the-phone interpretation services shall be made available in the covered language on the political subdivision's website, at local elections offices, and at polling locations;

(5) Covered political subdivisions shall have sufficient trained bilingual poll workers or interpreters available at each in-person voting site to provide effective language assistance in the covered language to any voters who need it. Bilingual staff shall be easily identifiable by LEP voters through prominently displayed badges or other identifying materials indicating their bilingual capabilities;

(6) Each political subdivision shall have a year-round bilingual staff member that is trained in its election and voting procedures and able to respond to questions, issues, and the needs of covered language speakers within the political subdivision;

(7) Live language interpretation services by telephone, allowing voters to request and receive real-time assistance in the covered language during absentee and advance voting, on election day, and for any voter related inquiries year-round, shall be provided; and

(8) Any information relating to voter registration, polling and advance voting locations, official ballots, or other voting related materials and notifications provided on the website used by a political subdivision to share information related to elections and voting shall be made available in the covered language.

(c) A political subdivision required to provide Tier 2 language assistance in a particular language other than English pursuant to subsection (c) of Code Section 21-3-51 shall provide the following physical and online voting materials in the covered language:

(1) Sample ballots shall be translated into the covered language and made available at polling locations and online, if English-language sample ballots are provided online;

(2) Voter registration forms and instructions shall be provided in the covered language to the same extent and manner as made available in English, including direct mailings requested by a voter;

(3) Any notifications about polling location changes or relocations shall be provided in the covered language and disseminated in the covered language to the same extent that English-language notices are made available;

(4) In-language signage identifying the availability of covered language sample ballots and live over-the-phone interpretation services shall be made available on the political subdivision's website, at a local elections office, and at polling locations during voting periods; and

(5) Live language interpretation services by telephone, allowing voters to request and receive real-time assistance in the covered language during advance voting, on election day, and for any voter related inquiries year-round.

(d) Where a state agency creates, produces, or disseminates relevant physical or online electoral and voting materials for or to political subdivisions subject to the requirements of this Code section, the state shall also comply with the requirements of this Code section.

21-3-53.

For covered languages that do not have a written form or for which use of the written form is limited, the subdivision shall provide recordings of oral translations or provide taglines or signage indicating how to access oral translations of required written assistance.

21-3-54.

No voter who has attended a qualifying school shall be denied the right to vote in any state or local election due to their inability to read, write, understand, or interpret any matter in the English language.

21-3-55.

(a) The commission shall establish a review process under which the commission shall determine, upon receipt of a request submitted under this article, whether a significant and substantial need exists in a political subdivision for a language to be designated for additional language access and assistance in voting and elections whenever such a need has not been found under Code Section 21-3-51. Such process shall include, at a minimum:

(1) An opportunity for any individual or entity aggrieved by a failure to provide such assistance to submit a request for the commission to consider designating a new language for coverage or providing additional in-language services. Individuals or entities aggrieved by such failure are those who have standing as defined by subsection (b) of Code Section 21-3-120;

(2) A timeline specifying when requests for additional in-language services may be submitted to be considered timely for the next election; and

(3) Consideration of the following:

(A) Community based evidence indicating the need for in-language services, including, but not limited to, school enrollment data, public health or social service records, language-specific outreach from community based organizations, and other reliable evidence;

(B) Testimony or affidavits from individuals or entities representing or serving the language minority community, including impacted voters; and

(C) Evidence of structural, procedural, or informational barriers that disproportionately impact LEP voters in the language group, including low turnout rates, high provisional ballot use, or lack of access to translated materials.

(b) Upon receipt of any request pursuant to subsection (a) of this Code section, the commission shall:

(1) Respond in writing within 14 days of receipt of any such request;

(2) Provide an opportunity for public comment following the publication of a proposed determination; and

(3) Issue a written decision that includes all factors considered. All final decisions shall be published on the commission's website.

(c) If a request pursuant to subsection (a) of this Code section is granted by the commission too close to an election to allow for meaningful implementation, the designation shall take effect for the following election.

21-3-56.

All materials and notices provided by a political subdivision as required by this article in a particular language other than English shall be of an equal quality to the corresponding English-language materials and produced at the same time as the corresponding English-language materials. All provided translated materials shall convey the intent and essential meaning of the original English-language text or communication. Translated materials produced solely by automated translation services are presumed to be insufficient to completely convey intent and essential meaning.

21-3-57.

(a)(1) Political subdivisions providing language services in accordance with this article shall hold public meetings to solicit feedback about:

(A) The quality of all materials and services provided in a particular language other than English; and

(B) Barriers to voting and registration for LEP voters and communities.

(2) Such meetings shall be advertised at least two months in advance, held at a time and location generally convenient for the covered language minority community, and include live translation services in any covered language. Election administrators shall develop effective recruitment practices for bilingual staff and poll workers based on community feedback from such meetings.

(b)(1) Political subdivisions covered under Code Section 21-3-51 shall hold the meeting required by subsection (a) of this Code section at least twice per year.

(2) Political subdivisions providing language services in accordance with Code Section 21-3-55 shall hold such meetings following elections in which language services are provided, but shall not be required to hold such meetings more than once per year.

21-3-58.

Any voter who requires assistance at any stage of the voting process, by reason of blindness, disability, or inability to read, write, or understand any aspect of the voting process, including a person with limited English proficiency, shall have the right to receive assistance from any person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union.

21-3-59.

The provisions of this article shall take effect on July 1, 2028.

21-3-60.

The commission may adopt rules and regulations to implement this article. ARTICLE 6

21-3-70.

Within one year of the effective date of this chapter, the commission shall select and enter into an agreement with one or more universities in this state to create and administer the Georgia Voting and Elections Database and Institute. The parties to such agreement shall enter into a memorandum of understanding that sets forth the governance structure for the Database and Institute within the university or universities.

21-3-71.

The mission of the Database and Institute is to collect, archive, and make publicly available at no cost an accessible database pertaining to elections, voter registration, and ballot access in this state; to foster, pursue, and sponsor research on existing laws and regulations; and to support and enable the development of best practices in voting and elections by leveraging data.

21-3-72.

(a) The Database and Institute shall maintain and make publicly available in an electronic machine-readable format all relevant election and voting data and records from at least the previous 12-year period, including, but not limited to, the following:

(1) Precinct-level election results, including early votes, absentee ballots, ballots cast at central or county-wide polling locations, and registered voters, all broken out by precinct; registration and turnout data for all elections, including elections at the federal level, state level, and for every political subdivision; and, where available, any such data at the sub-precinct level;

(2) District, precinct, and, where available, sub-precinct division maps in an electronic geospatial format designated by the Database and Institute for all elections conducted in this state, including federal or state elections, and for every political subdivision;

(3) Current and historical data on the location, dates of availability, and hours of availability of polling locations and other election offices that provide services to voters for every election in every political subdivision;

(4) Information concerning the elected offices and electoral structure of each political subdivision, including, but not limited to, the method of election or selection for each elected office, the name, title, and contact information for each current elected official, the commencement and expiration dates of each term of office and the date on which each office is next scheduled for election, and any additional information the Database and Institute deems necessary to accurately describe the governing and electoral structure for each political subdivision;

(5) Any notice received by a political subdivision pursuant to this chapter and any public filings, including in litigation, made by a political subdivision in connection with this chapter; and

(6) Any other data that is maintained by the state or political subdivisions that the Database and Institute deems necessary to maintain in furtherance of its mission.

(b) The Database and Institute shall produce, maintain, and make publicly available in an electronic machine-readable format any other data or data products in furtherance of its mission, including, but not limited to, the following:

(1) Estimates of the total population, voting age population, and citizen voting age population by racial, color, or language minority group, broken down to the precinct level, on a year-by-year basis, for every political subdivision in this state, based on existing sources of data from the United States Census Bureau, the American Community Survey, or existing sources of data of comparable quality collected by a public office;

(2) Estimates of limited English proficient populations, broken down by language spoken and by political subdivision level, on a year-by-year basis, for every political subdivision in this state, based on data from the United States Census Bureau, the American Community Survey, or data of comparable quality collected by a public office;

(3) Relationship files following any changes to precinct boundaries or numbers, to enable apportioning election results under past precinct boundaries to current precinct boundaries, analogous to relationship files provided by the United States Census Bureau;

(4) Records of voter and state initiated challenges to voter eligibility;

(5) Post-election challenges, including, but not limited to, challenges to voter eligibility at ballot counting, challenges to ballots being counted, challenges to the certification of the election results, post-election audit reports, and any recounts; and

(6) Any data or estimates identified by the commission as necessary to make coverage determinations under subsection (c) of Code Section 21-3-40.

21-3-73.

In addition to maintaining the public database, the Database and Institute may:

(1) Conduct classes both for credit and noncredit;

(2) Organize interdisciplinary groups of scholars to research voting and elections in this state;

(3) Conduct seminars regarding voting and elections;

(4) Assist in the dissemination of election data to the public; or

(5) Publish reports, books, and periodicals as the Database and Institute considers appropriate on voting and elections in this state.

21-3-74.

(a) The Database and Institute shall prepare any estimates made under this article by applying the most advanced, peer reviewed, and validated methodologies available. In preparing any estimates under this article, the Database and Institute shall apply validated methodologies and engage with impacted communities to adjust estimates for documented inaccuracies, errors, or biases, including, but not limited to, population miscounts or exclusions, in data from the United States Census Bureau or the American Community Survey.

(b) The data, information, and estimates maintained by the Database and Institute are entitled to a presumption of authenticity and constitute judicially noticeable facts.

21-3-75.

(a) All state agencies and political subdivisions shall provide the Database and Institute with any information requested by the Database and Institute in the format requested by the Database and Institute and consistent with any deadlines imposed by the Database and Institute.

(b) The Database and Institute will provide nonpartisan technical assistance to political subdivisions, scholars, and the public seeking to use its resources.

21-3-76.

If any political subdivision receives a request for documents under Article 4 of Chapter 18 of Title 50, relating to open records, the political subdivision shall not be required to fulfill such request if:

(1) The political subdivision has provided the requested documents to the Database and Institute;

(2) The requested documents have been made publicly available by the Database and Institute; and

(3) The political subdivision informs the requestor in writing that the requested documents are available from the Database and Institute and provides in their written response directions for accessing the specifically requested materials through the Database and Institute.

21-3-77.

No later than 90 days following the end of each state fiscal year, the Database and Institute shall publish a report on its activities and provide a copy of such report to the commission.

21-3-78.

The provisions of this article shall take effect on July 1, 2028. ARTICLE 7

21-3-90.

(a) No person, whether acting under color of law or otherwise, shall engage in or attempt to engage in acts of intimidation, deception, or obstruction that affect the right of voters to participate in elections.

(b) Violations of subsection (a) of this Code section include, but are not limited to, the following:

(1) A person uses, threatens to use, or attempts to use any force, violence, restraint, abduction or duress, or inflicts, threatens to inflict, or attempts to inflict any injury, damage, harm, or loss, or in any other manner practices or attempts to practice intimidation that causes or will reasonably have the effect of causing any person to vote or refrain from voting;

(2) A person uses or attempts to use any deceptive or fraudulent device, contrivance, or communication, regarding the time, place, or manner of conducting an election or the qualifications for or restrictions on voter eligibility for an election, with reckless disregard for the truth, that impedes, prevents, or otherwise interferes with the free exercise of the elective franchise by any person, or that causes or will reasonably have the effect of causing any person to vote or refrain from voting; or

(3) A person obstructs, impedes, or otherwise interferes, or attempts to obstruct, impede, or otherwise interfere with access to any polling location or elections office, or with any voter in any manner that causes or would reasonably have the effect of causing any delay in voting or the voting process, including the canvassing, certification, and tabulation of ballots.

21-3-91.

A person that violates subsection (a) of Code Section 21-3-90 or that aids in the violation of such subsection shall be liable for any damages awarded by the court, including nominal damages for any violation and compensatory or punitive damages for any willful violation.

21-3-92.

Nothing in this article, nor in its enforcement pursuant to Code Section 21-3-124, shall be construed to prohibit any activity protected under the Constitution of the United States. ARTICLE 8

21-3-100.

(a) All political subdivisions shall provide advance notice of any new or modified election policy or practice to the commission prior to implementation as follows:

(1) All political subdivisions shall provide notice to the commission a minimum of 60 days prior to implementing any changes to government boundaries, method of election, or district maps;

(2) All political subdivisions shall provide notice to the commission a minimum of 15 days prior to implementing any changes to the location, dates of availability, and hours of availability of polling locations and other election offices that provide services to voters; and

(3) All political subdivisions shall provide notice to the commission a minimum of 30 days prior to implementing any of the following election policies or practices:

(A) Registration of voters;

(B) Removal of voters from enrollment lists or other list maintenance activities;

(C) Dates of elections and the elections calendar;

(D) Assignment of election districts to election day poll sites or advance voting locations;

(E) Assistance offered to members of a language minority group;

(F) Response to an officially declared emergency; and

(G) Any additional topics designated by the commission pursuant to promulgated rules or regulations based upon a determination that such election policy or practice may have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group.

(b) The commission shall publish all advance notices provided by political subdivisions in a centralized, publicly accessible location on its website.

(c) This Code section provides minimum notice requirements and shall not supplant or override notice required by other laws or authorities.

(d) Notwithstanding subsection (g) of Code Section 21-3-121, any political subdivision that complies with subsection (b) of Code Section 21-3-121 shall not be required to meet any local publication requirements beyond publishing notice on its own website.

21-3-101.

The commission shall promulgate rules and regulations to implement this article. ARTICLE 9

Part 1

21-3-110.

Any provision of state law, regulation, charter, home rule ordinance, or other enactment of the state or any political subdivision relating to voting or the right to vote shall be construed liberally in favor of the factors listed in this Code section. To the extent courts are afforded discretion on any issue, including, but not limited to, questions concerning discovery, procedure, admissibility of evidence, or remedies, it is the policy of the state that courts shall exercise such discretion, and weigh other equitable discretion, in favor of the following:

(1) Making voting, the fundamental right to vote, and the ability to participate in the democratic process more accessible to eligible voters;

(2) Safeguarding and vindicating, to the fullest extent possible by law, the voting rights of protected class members, including, but not limited to, equitable access to opportunities to register to vote and vote, and the equal opportunity to elect candidates of choice; and

(3) Ensuring protected class members have full access to relief from discrimination in voting.

Part 2

21-3-120.

(a) An action to cure a violation of this chapter may be brought by any individual or entity aggrieved through a cognizable injury by such violation or by the Attorney General.

(b) An entity with a cognizable injury by a violation of this chapter shall include, but shall not be limited to, any entity:

(1) Whose membership includes individuals aggrieved through a cognizable injury by a violation of this chapter as if such member or members had brought action as individuals; or

(2) Whose mission would be frustrated by a violation of this chapter, including, but not limited to, an entity that would expend or divert resources to fulfill its mission as a result of such violation or that shall expend greater resources or efforts to advocate before an elected body that is less responsive to the entity or its members due to the alleged violation.

(c) An entity shall not be compelled to disclose the identity of any specific member to pursue a claim on behalf of its members.

(d) This part shall be construed liberally to confer standing as broadly and to the maximum extent as possible under the Constitution of Georgia and the laws of this state.

21-3-121.

(a) Except as provided in subsection (f) of this Code section, before filing an action against a political subdivision under this chapter, a party described in subsection (b) of Code Section 21-2-120, except for the Attorney General, shall send notice to the political subdivision identifying the potential violation and the type of remedy the party believes may address the potential violation. The party may not file an action within 50 days after sending such notice.

(b) The political subdivision may work with the party that provided notice provided for in subsection (a) of this Code section to implement a remedy that cures the potential violation. If the political subdivision adopts a resolution identifying a remedy, affirming its intent to enact and implement a remedy, and establishing a timeline and specific steps it will take to do so, the party may not file an action within 120 days after sending such notice.

(c) In response to notice provided by subsection (a) of this Code section, the political subdivision may adopt a resolution denying that a violation exists, or otherwise formally deny a violation, which will abrogate the 50 day waiting period described in subsection (a) of this Code section and permit the party who sent notice to file an action immediately.

(d) If, under the laws of this state, the political subdivision lacks authority to enact or implement a remedy identified in such a resolution, the political subdivision may nonetheless enact and implement a proposed remedy upon approval of the superior court having jurisdiction over such political subdivision.

(e) Following the party's submission of notice pursuant to subsection (a) of this Code section, such party may file an action if the political subdivision has not enacted or implemented a remedy within the time periods designated by this Code section or such political subdivision has enacted or implemented a remedy that would not remedy the violation identified in the party's notice.

(f) A party with standing pursuant to subsection (b) of Code Section 21-3-120 may file an action against a political subdivision under this chapter notwithstanding this part if:

(1) The party is seeking preliminary relief with respect to an upcoming election;

(2) Another party has already submitted notice pursuant to subsection (a) of this Code section alleging a substantially similar violation, and such party is eligible to file an action under this part; or

(3) The prospect of obtaining relief under subsection (b) of Code Section 21-3-121 would be futile.

(g) An action to enforce this chapter may be brought in the superior court wherein the defendant resides unless the venue is otherwise provided for in the Constitution of Georgia.

21-3-122.

Actions concerning Articles 4 or 5 of this chapter may only be filed under the following circumstances:

(1) A political subdivision that has been designated as a covered political subdivision under subsection (d) of Code Section 21-3-40 or Code Section 21-3-51 may challenge the determination within 30 days of its publication in accordance with applicable state law governing challenges to agency action, including the applicable standard of review of such actions. Such actions may only be filed by the covered political subdivision and intervention shall not be permitted;

(2) Any party, as provided for in subsection (b) of Code Section 21-3-120, aggrieved by the exclusion of a political subdivision from the list of covered political subdivisions under subsection (d) of Code Section 21-3-40 or Code Section 21-3-51 may file an action to challenge the exclusion of a political subdivision. Such actions are subject to a three-year statute of limitations, accruing from the date of any coverage determinations under subsection (d) of Code Section 21-3-40 or Code Section 21-3-51 and are subject to a de novo standard of review;

(3) Any denial of preclearance by the commission under paragraph (4) of Code Section 21-3-42 may be appealed only by the covered political subdivision within 30 days of the denial in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' including the applicable standard of review of such actions. Such actions may only be filed by the covered political subdivision and intervention shall not be permitted;

(4) Any party, as provided for in subsection (b) of Code Section 21-3-120, that is aggrieved by a determination by the commission to grant preclearance to a covered policy under subsection (c) of Code Section 21-3-40 may file an action to challenge the determination to grant preclearance. Such actions shall be subject to a de novo standard of review; or

(5) If the commission fails to discharge any of its responsibilities under this chapter or any other action necessary to enforce a provision of this chapter, any party, as defined in subsection (b) of Code Section 21-3-120, that is aggrieved by this failure may file an action seeking appropriate relief, including, but not limited to, any injunctive relief on the commission or any other party to the action that is necessary to enforce this chapter. Such actions shall be subject to a de novo standard of review.

21-3-123.

Actions brought pursuant to this chapter shall be subject to expedited pretrial and trial proceedings and receive an automatic calendar preference.

21-3-124.

(a) In any action alleging a violation of this chapter in which a party seeks preliminary relief with respect to an upcoming election, a court shall grant relief if it determines that:

(1) Plaintiffs are more likely than not to succeed on the merits; and

(2) It is possible to implement an appropriate remedy that would resolve the alleged violation in the upcoming election.

(b) Upon finding a violation of any provision of this chapter, a court shall order appropriate remedies notwithstanding any other law.

(c) The court shall have the authority to order remedies that are tailored to best mitigate the violation, including any and all forms of preliminary and injunctive relief. The court may consider, among others, any remedy that is available to a federal court or the court of another state jurisdiction, including through a court approved consent decree or settlement adopted in the context of similar facts or to remedy a similar violation.

(d) The court shall consider proposed remedies by any parties and interested nonparties.

(e) The court may not give deference or priority to a remedy proposed by the political subdivision.

(f) A remedy ordered under this part shall be implemented in the next relevant election, scheduled or ordered, wherever possible.

21-3-125.

This chapter provides rights and remedies under state law to enforce state constitutional rights or statutory rights and does not enforce any rights established under the United States Constitution or federal law. Nothing in this chapter may be construed to create a cause of action under federal law. Persuasive use of relevant federal legal standards, precedents, or evidentiary frameworks to aid in the interpretation or application of this chapter should not be construed to give rise to a federal question. Moreover, use of such federal legal standards, precedent, or evidentiary frameworks may be persuasive, but shall not be necessary to the interpretation or application of this chapter

21-3-126.

Defendants in actions under this chapter may not assert the doctrine of laches as a defense to claims brought under this chapter. Political subdivisions may not assert that plaintiffs have failed to comply with any notice, exhaustion, or other procedural requirements under state law, other than the requirements in this chapter, as a defense to claims brought under this part.

21-3-127.

(a) In any action to enforce any provision of this chapter, a prevailing plaintiff, other than the state or a political subdivision, shall be entitled to recover all reasonable costs and fees from the defendant party. Costs and fees shall include, but shall not be limited to, attorney's fees, expert witness fees, and all other litigation or pre-litigation fees and costs.

(b) A plaintiff shall be deemed to have prevailed in an action when, as a result of an action or notice pursuant to Code Section 21-3-121, the defendant party yields some or all of the relief sought in the action.

(c) If the state or political subdivision prevails in an action under this chapter, the court may not award the defendant party any fees or costs unless the court finds the action to be frivolous, unreasonable, or without foundation.

ARTICLE 10

21-3-140.

To the extent any provision of this charter, including any legal standard, requirement, or any part thereof, may be construed or applied in a manner that is unconstitutional or otherwise invalid, such provision shall be construed or applied in the manner that preserves its validity and is most consistent with the provisions provided for in Code Section 21-3-110.

21-3-141.

(a) In any action under this chapter or any other voting related violation of state or federal law, no sovereign, governmental, executive, legislative, or deliberative immunities and privileges, including any evidentiary privileges, may be asserted; provided, however, that this Code section shall have no effect on any attorney-client or attorney work-product privileges.

(b) The General Assembly explicitly waives the sovereign immunity of the state and every political subdivision to the maximum extent necessary to effectuate and implement this chapter."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.