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.