Senate · Introduced · 2025-2026 Regular Session

SB536: SB536 "Henry McNeal Turner Voting Rights Act"; enact

Last action February 20, 2026 · Senate Read and Referred

Senate Bill 536 would create a Georgia-specific voting rights law, setting up a state commission to review election changes for discrimination, require preclearance for certain local voting rules, and expand language assistance for voters.

In plain language

Georgia currently relies mainly on federal voting rights protections. This bill would enact the 'Henry McNeal Turner Voting Rights Act' as a new chapter of Georgia election law, creating state-level bans on voter suppression and vote dilution that political subdivisions and state agencies could be sued over in state court. It sets up a five-member Georgia Voting Rights Commission, attached administratively to the Secretary of State's office, to determine which local governments must get advance state approval ('preclearance') before changing election rules such as district maps, polling locations, or voter registration procedures. That preclearance requirement and related language-access rules take effect July 1, 2028. The bill also creates a university-based Georgia Voting and Elections Database and Institute to collect election data, requires language assistance for voters with limited English proficiency, bars intimidation and deceptive interference with voters, lets private parties and the Attorney General sue to enforce the law, waives state sovereign immunity for these claims, and allows winning plaintiffs to recover attorney's fees.

What the bill does

Creates new state-law definitions of 'voter suppression' and 'vote dilution' that political subdivisions and state agencies could be found liable for based on disparities in participation, not just proven intent.
Establishes a five-member Georgia Voting Rights Commission, appointed by the Secretary of State from a nominating pool built by certified nonprofit organizations, to enforce the law and require preclearance of certain election changes starting July 1, 2028.
Requires covered local governments to get commission approval before changing methods of election, district maps, or officials' powers, and to give the commission advance notice of many other election changes.
Sets detailed language-assistance ('Tier 1' and 'Tier 2') requirements for local election offices serving voters with limited English proficiency, including translated ballots, bilingual poll workers, and phone interpretation.
Creates a university-run Georgia Voting and Elections Database and Institute to collect and publish election, registration, and demographic data, exempting some of its records from Georgia's open records law.
Allows individuals, organizations, and the Attorney General to sue over violations in superior court, bars the laches defense and sovereign immunity claims, and lets winning plaintiffs recover attorney's fees and costs.

Who it affects

Georgia county and municipal governments, school districts, election superintendents, and registrars would face new compliance and preclearance duties. Voters, especially those with limited English proficiency or disabilities, gain new protections. The Secretary of State's office, a new state commission, and a university-based database institute would take on new administrative roles, and advocacy groups gain new legal standing to sue.

Why it matters

If enacted, local governments would need to justify certain election changes to a new state commission before making them, and could face lawsuits and mandatory attorney's fees if courts find their policies suppress or dilute votes. Voters with limited English proficiency would gain guaranteed translation and interpretation services at polling places and online.

Key provisions

Code Sections 21-3-10 and 21-3-11 define voter suppression and vote dilution using a 'material disparity' or 'totality of circumstances' test, without requiring proof of intentional discrimination.
Article 3 (Code Sections 21-3-30 to 21-3-33) creates the five-member Georgia Voting Rights Commission with staggered five-year terms, subpoena power, and staff, attached administratively to the Secretary of State.
Article 4 (Code Sections 21-3-40 to 21-3-44) requires 'covered political subdivisions,' defined by past violations or demographic disparity thresholds, to obtain commission preclearance before implementing certain election policies, effective July 1, 2028.
Article 5 (Code Sections 21-3-50 to 21-3-60) sets Tier 1 and Tier 2 language-assistance requirements based on population thresholds of limited-English-proficient voters, also effective July 1, 2028.
Article 6 (Code Sections 21-3-70 to 21-3-78) creates the Georgia Voting and Elections Database and Institute at a state university to collect and publish election data and produce demographic estimates.
Article 7 (Code Sections 21-3-90 to 21-3-92) prohibits voter intimidation, deception, and obstruction, and allows damages including punitive damages for willful violations.
Part 2 of Article 9 (Code Sections 21-3-120 to 21-3-127) creates a private right of action with broad standing, a pre-suit notice period, expedited court review, a bar on the laches defense, and mandatory attorney's fees for prevailing plaintiffs.
Article 10 (Code Sections 21-3-140 to 21-3-141) waives the state's sovereign immunity for claims under this chapter to the maximum extent necessary to enforce it.

Status timeline

2026-02-20Senate Read and Referred (Senate)
2026-02-19Senate Hopper (Senate)

Topics

voting rights
election law
language access for voters
redistricting and elections
Georgia Secretary of State