SR 937: U.S. Department of Homeland Security and United States Immigration and Customs Enforcement; refrain from immigration enforcement activity in the immediate vicinity of polling places and locations; urge

Senate Resolution 937

By: Senators Howard of the 35th, Jackson of the 41st, Rahman of the 5th, Harbison of the 15th, Harrell of the 40th and others

A RESOLUTION

Urging the United States Department of Homeland Security and United States Immigration and Customs Enforcement to refrain from immigration enforcement activity in the immediate vicinity of polling places and locations where ballots are being cast in the State of Georgia; urging the Secretary of State to issue uniform guidance and protocols to protect voters, poll workers, and election officials from intimidation; and for other purposes.

WHEREAS, the right to vote is a fundamental right secured by the constitutions of the United States and the State of Georgia; and

WHEREAS, Georgia law establishes a protected buffer around polling places during voting, including restrictions within 150 feet of the outer edge of any building in which a polling place is established and within 25 feet of any voter standing in line, reflecting the General Assembly's intent that voting occur free of disruption, pressure, and undue influence; and

WHEREAS, Georgia law further provides criminal penalties for interference with elections and for intimidation of electors, including when any person uses threats or acts that place another person in reasonable fear for safety in order to vote or refrain from voting; and

WHEREAS, credible concerns have been raised nationally that the presence of federal immigration enforcement personnel at or near voting locations could chill lawful voter participation, disrupt election administration, and intimidate voters and election workers; and

WHEREAS, other states have introduced legislation to prohibit federal immigration enforcement personnel from being within a specified distance of polling places during voting—for example, Rhode Island's H 7434 would prohibit ICE personnel within 200 feet of polling places.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body urge the United States Department of Homeland Security and United States Immigration and Customs Enforcement as well as state or local law enforcement agencies to refrain from immigration enforcement actions, operations, surveillance activities, or deployments within the same protected vicinity recognized in Georgia law during any period in which ballots are being cast, including within 150 feet of the outer edge of any building in which a polling place is established, within any polling place, and within 25 feet of any voter standing in line to vote.

BE IT FURTHER RESOLVED that the members of this body urge the Secretary of State of Georgia to issue uniform statewide guidance to county election superintendents, poll managers, and election officials that reiterates Georgia's existing protections against intimidation and interference; establishes a protocol for responding to the appearance of federal immigration enforcement personnel near a voting location (including immediate notification of the county superintendent and the Secretary of State's office, de-escalation steps, and documentation); and emphasizes that voter eligibility questions and challenges must be handled only through lawful election procedures and not through intimidation or coercion.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to the Governor, the Attorney General, the Secretary of State, the Georgia Congressional Delegation, and the Secretary of the United States Department of Homeland Security.