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

26 LC 47 4056 Senate Bill 536 By: Senators Jones II of the 22nd, Merritt of the 9th, Parent o f 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 to1 enact the "Henry McNeal Turner Voting Rights Act"; to prohibit voter suppression and vote2 dilution; to provide guidelines and rules for evaluating voter suppression and vote dilution;3 to establish the Georgia Voting Rights Commission and to provid e duties and powers4 thereof; to provide for commissioners, their selection, terms, and compensation; to provide5 for a nominating committee; to provide for commission staff; to attach the commission to6 the Secretary of State's office for administrative purposes; to provide for preclearance of7 certain policies and procedures related to voting; to provide for covered policies; to provide8 for covered political subdivisions; to provide standards for preclearance determinations; to9 provide procedures for obtaining preclearance; to provide prot ections for limited English10 proficient voters and voters with disabilities; to provide for unwritten languages and voters11 educated in Puerto Rico and American territories; to provide fo r in-language services; to12 establish the Georgia Voting and Elections Database and Institute; to provide for the mission13 of such institute; to provide for data to be maintained and pro duced by the institute; to14 provide for data standards; to provide for authentication; to require state and local agencies15 to cooperate with the institute; to allow for technical assista nce; to provide an exemption16 from the open records requirements; to provide for annual reporting; to prohibit intimidation,17 deception, and obstruction of voters; to provide for damages; to provide for public notice of18 S. B. 536 - 1 - 26 LC 47 4056 voting related changes; to provide a democracy cannon; to provi de for enforcement; to19 provide standing; to provide a safe harbor; to provide for judicial actions, expedited review,20 relief, and remedies; to limit causes of action; to prohibit the defense of laches; to authorize21 attorney's fees; to provide for rules and regulations; to provi de for construction; to waive22 privileges and sovereign immunity; to provide legislative findi ngs and declarations; to23 provide for definitions; to provide for effective dates; to provide for related matters; to repeal24 conflicting laws; and for other purposes.25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:26 SECTION 1.27 Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by28 revising Chapter 3, which is reserved, as follows:29 "CHAPTER 330 ARTICLE 131 21-3-1.32 This chapter shall be known and may be cited as the 'Henry McNeal Turner Voting Rights33 Act.' Reserved.34 21-3-2.35 The General Assembly finds and declares that:36 (1) Electoral systems or practices that deny to any race, colo r, or language minority37 group an equal opportunity to elect candidates of their choice are inconsistent with the38 free and open elections and the rights provided for in Article II of the Constitution of this39 S. B. 536 - 2 - 26 LC 47 4056 state and the protections found in the Fourteenth and Fifteenth Amendments to the United40 States Constitution;41 (2) Discrimination in voting is a persistent matter of state-w ide concern due to the42 history of discriminatory practices that create disparities that persist over time;43 (3) Voter turnout is a matter of state-wide concern and is more likely to be low in local44 elections when such elections are not coordinated with state-wide elections;45 (4) Prevention of discrimination in voting and voter turnout i s a matter of state-wide46 concern; and47 (5) It is in the best interest of the state to create a state voting rights act that protects48 against discrimination in voting and that encourages local elec tions to be held in49 coordination with state-wide elections.50 21-3-3.51 As used in this chapter, the term:52 (1) 'Commission' means the Georgia Voting Rights Commission.53 (2) 'Commissioner' means a member of the Georgia Voting Rights Commission.54 (3) 'Database and Institute' means the Georgia Voting and Elec tions Database and55 Institute.56 (4) 'Disability' has the same meaning as set forth in the Americans with Disabilities Act,57 42 U.S.C. Section 12102.58 (5) 'Election policy or practice' means any qualification to b e a voter, prerequisite to59 voting, method of election, or any other law, statute, ordinanc e, resolution, charter or60 code provision, regulation, rule, policy, practice, procedure, standard, or any other action61 with respect to voting, electoral or jurisdictional boundaries, or the administration or62 schedule of elections.63 (6) 'Governing body' means the entity with official authority to make or enforce64 decisions, policies, and laws for a political subdivision.65 S. B. 536 - 3 - 26 LC 47 4056 (7) 'Limited English proficient' or 'LEP' means and includes individuals who self-report66 speaking, reading, or understanding the English language less than 'very well,' according67 to the United States Census Bureau data or data of comparable q uality collected by a68 governmental entity, including as self-reported by such persons to a governmental entity.69 (8) 'Method of election' means the manner or mechanism by which candidates are elected70 to a governmental body of a political subdivision, and includes any at-large, district71 based, proportional, semi-proportional, or other method of elec tion, as well as any72 districting or redistricting plan used to elect candidates to the governmental body.73 (9) 'Political subdivision' means any county, municipality, jurisdiction, school district,74 local school system, special district, election superintendent, registrar, board of election,75 board of election and registration, judge of the probate court, or any other governmental76 entity in which elections are conducted or that administers ele ctions, or any staff or77 agents of such entity.78 (10) 'Polling location' means any location designated by an election superintendent for79 the casting of ballots, including, but not limited to, election day voting sites, advance80 voting locations, ballot drop box locations, and early or absentee voting sites.81 (11) 'Protected class' means any group of individuals who are members of any race, color82 or language minority, including, but not limited to, a class of two or more such groups. 83 Such term includes individuals who are members of a minimum reporting category that84 has been officially recognized by the United States Census Bureau.85 (12) 'Qualifying school' means a public or private school accredited by a United States86 territory or the Commonwealth of Puerto Rico in which the predo minant classroom87 language is one other than English.88 (13) 'Racially polar ized voting' mean s voting in which there i s a divergence in the89 candidate preferences, political preferences, or electoral choi ces of members in a90 protected class, including the combined preferences of a protected class comprising two91 S. B. 536 - 4 - 26 LC 47 4056 or more groups of voters, from the candidate preferences, polit ical preferences, or92 electoral choices of members of another class or set of classes.93 (14) 'Vote' or 'voting' means all action necessary to make a vote effective in any primary,94 special, general election, or runoff, including, but not limite d to, registration or other95 action required by law prerequisite to voting; casting a ballot by any method permitted96 by law, including any method available as a remedy under this chapter; and having such97 ballot counted properly and included in the appropriate totals of votes received for98 propositions or for candidates for public or party office.99 ARTICLE 2100 21-3-10.101 (a) No political subdivision or state agency may engage in voter suppression as set forth102 in this article. No political subdivision or state agency may implement, impose, or enforce103 any election policy or practice that results in, is likely to result in, or is motivated, in whole104 or in part, by the intent to result in, voter suppression.105 (b) A violation of subsection (a) of this Code section is esta blished if either of the106 following is present:107 (1) A material disparity affecting protected class members in voter participation, access108 to voting opportunities, or the opportunity or ability to parti cipate in any stage of the109 political process, as a result of the policy or practice; or110 (2) Based on the totality of circumstances, an impairment of t he equal opportunity or111 ability of protected class members to participate in any stage of the political process.112 (c) There is no violation under paragraph (1) of subsection (b) of this Code section if the113 political subdivision or state agency demonstrates by clear and convincing evidence that:114 (1) The election policy or practice is necessary to significantly further a compelling and115 particularized governmental interest; and116 S. B. 536 - 5 - 26 LC 47 4056 (2) There is no reasonable alternative election policy or practice that comparably furthers117 the compelling and particularized governmental interest and results in a smaller disparity118 between protected class members and other members of the electorate.119 (d) A violation may also be established through direct or circ umstantial evidence of120 intentional discrimination; provided, however, that evidence of intentional discrimination,121 including evidence concerning the intent of electors, elected o fficials, or public officials122 to discriminate against protected class members, shall not be required under subsection (b)123 of this Code section.124 21-3-11.125 (a) No political subdivision may engage in vote dilution as set forth in this Code section. 126 No political subdivision may employ any method of election that has the effect, will likely127 have the effect, or is motivated in part by the intent, of diluting the vote of protected class128 members.129 (b) A violation of subsection (a) of this Code section is established if:130 (1) Either:131 (A) Elections in the political subdivision exhibit racially polarized voting resulting in132 an impairment of the equal opportunity or ability of protected class members to133 nominate or elect candidates of their choice; or134 (B) Based on the totality of circumstances, the equal opportunity or ability of protected135 class members to nominate or elect candidates of their choice is impaired; and136 (2) Another method of election or change to the existing method of election exists that137 could be constitutionally adopted or ordered under Code Section 21-3-124 would likely138 mitigate the impairment.139 (c) A violation may also be established through direct or circ umstantial evidence of140 intentional discrimination; provided, however, that evidence of intentional discrimination,141 including evidence concerning the intent of electors, elected officials, or public officials142 S. B. 536 - 6 - 26 LC 47 4056 to discriminate against protected class members, is never required under subsection (b) of143 this Code section.144 21-3-12.145 (a) Code Sections 21-3-10 and 21-3-11 shall be evaluated subje ct to the guidelines146 provided for in subsections (b) through (e) of this Code section and any rules promulgated147 by the commission thereto.148 (b) To evaluate the totality of circumstances under paragraph (2) of subsection (b) of Code149 Section 21-3-10 or subparagraph (b)(1)(B) of Code Section 21-3-11 the following factors150 may be relevant:151 (1) The history of discrimination with respect to the protected class at issue;152 (2) The extent to which members of the relevant protected clas s are disadvantaged or153 otherwise bear the effects of public or private discrimination in areas such as education,154 employment, health, criminal justice, housing, transportation, land use, or environmental155 protection;156 (3) The use of any election policy or practice that may enhanc e the discriminatory or157 dilutive effects of the relevant election policy or practice or method of election in the158 political subdivision;159 (4) The extent to which members of the relevant protected class vote or register to vote160 at lower rates;161 (5) The extent to which members of the relevant protected class have historically made162 campaign contributions at lower rates;163 (6) The extent to which candidates who are members of the relevant protected class have164 faced hostility or barriers with respect to campaigning, gettin g on the ballot, receiving165 financial support, or receiving any other support for an election;166 S. B. 536 - 7 - 26 LC 47 4056 (7) The use of overt or subtle racial appeals, whether in the course of political campaigns167 or by government officials, including racial appeals made in pu blic discourse or in168 connection with the adoption or maintenance of the election policy or practice;169 (8) The extent to which the members of the relevant protected class have been elected170 to office;171 (9) The lack of responsiveness by elected officials to the particular needs of members of172 the relevant protected class or a community of members of the relevant protected class;173 (10) Whether the election policy or practice is necessary to s ignificantly further a174 compelling and particularized governmental interest;175 (11) The process that led to the adoption of the election policy or practice; and176 (12) Other factors deemed relevant.177 (c) No set number or combination of these factors shall be met to determine that a178 violation occurred.179 (d) There is no requirement that evidence shall affect all ind ividuals or groups within a180 protected class to be relevant.181 (e) For alleged violations pertaining to a particular political subdivision, evidence of the182 factors enumerated in subsection (b) of this Code section may be deemed more probative183 if it relates to the political subdivision in which the alleged violation occurred, but evidence184 related to the state or the geographic region in which that political subdivision is located185 may also be probative. The fact that similar or worse circumst ances may exist in other186 political subdivisions does not reduce the probative value of the evidence relevant to the187 particular political subdivision.188 21-3-13.189 To determine whether elections in the political subdivision exhibit racially polarized voting190 under subparagraph (b)(1)(A) of Code Section 21-3-11:191 S. B. 536 - 8 - 26 LC 47 4056 (1) Racially polarized voting is assessed based on the relevan t election results, which192 may include, but are not limited to, elections for offices of t he political subdivision;193 elections held in the political subdivision for other offices, such as state or federal offices;194 and other electoral choices that bear on the rights and privileges of the protected class;195 (2) No set number or combination of elections is required to establish the existence of196 racially polarized voting, and:197 (A) Evidence of nonpolarized voting in elections for offices o utside the political198 subdivision shall not preclude a finding of racially polarized voting based on elections199 for offices of the political subdivision;200 (B) Nonstatistical or nonquantitative evidence shall not preclude a finding of racially201 polarized voting based on statistical or quantitative evidence; and202 (C) Low or high turnout or registration rates among protected class members shall not203 preclude a finding of racially polarized voting;204 (3) When assessing the combined candidate preferences, politic al preferences, or205 electoral choices of a protected class comprising two or more groups of voters, there is206 no requirement that it be statistically shown that each group o r subgroup be separately207 polarized from those of other voters; and208 (4) The causes of racially polarized voting shall not be relev ant, and the existence of209 alternative explanations, including partisan explanations, does not preclude a finding of210 racially polarized voting.211 21-3-14.212 (a) When evaluating whether a violation of this article is pre sent the following213 circumstances shall not be relevant:214 (1) The absolute number or share of protected class members on whom the election215 policy or practice imposes a material burden is small;216 S. B. 536 - 9 - 26 LC 47 4056 (2) The degree to which the election policy or practice has a long pedigree or was in217 widespread use at some earlier date;218 (3) The use of an identical or similar election policy or practice in other states or political219 subdivisions; or220 (4) The availability of forms of voting unimpacted by the election policy or practice.221 (b) A governmental interest in preventing voter fraud or bolstering voter confidence in the222 integrity of elections shall be irrelevant unless there is substantial evidence that criminal223 activity by individual electors has occurred in the political s ubdivision in substantial224 numbers and the connection between the election policy or practice and a state interest in225 preventing such criminal activity or bolstering voter confidence in the integrity of elections226 is supported by substantial evidence.227 (c) Whether protected class members typically elect candidates of their choice to the228 governing body in approximate proportion to their total number or share of the population229 may be relevant under Code Section 21-3-11.230 (d) For the purpose of satisfying Code Section 21-3-11, partic ularly subparagraph231 (b)(ii)(B) of such Code section, it shall not be necessary for the total number or share of232 protected class members to exceed any numerical threshold in any district or in the political233 subdivision as a whole.234 (e) Upon finding a violation of this article, notwithstanding any other law to the contrary,235 a court shall exercise its equitable powers to fashion relief so as to completely remedy the236 dilution or suppression, which may include, but shall not be limited to, altering the method237 of election used by the political subdivision.238 S. B. 536 - 10 - 26 LC 47 4056 ARTICLE 3239 21-3-30.240 (a) There is established the Georgia Voting Rights Commission which shall consist of five241 commissioners, each of whom shall serve staggered five-year terms.242 (b) Commissioners shall be compensated for their time spent on commission business at243 an hourly rate based on the rate equivalent to an assistant attorney general244 21-3-31.245 (a) Under the guidance of the Secretary of State, a nominating committee shall be formed246 to identify qualified candidates to serve as members of the commission. The nominating247 committee shall be composed of nominating organizations certified pursuant to this Code248 section.249 (b) Organizations may apply with the Secretary of State to be certified as a nominating250 organization for five-year terms. Following the conclusion of a term, an organization may251 be recertified. The Secretary of State shall certify any organ ization that applies to be a252 nominating organization if the organization:253 (1) Demonstrates commitment to the purpose of the commission by securing the voting254 rights of members of a protected class as defined by the commission, including, but not255 limited to, reference to members of a protected class in its mi ssion statement,256 involvement in numerous voting rights cases brought within the state on behalf of257 members of protected classes, or involvement in advocacy in sup port of members of258 protected classes or the commission;259 (2) Has registered as a nonprofit corporation with the Secretary of State; and260 (3) Demonstrates continuous operation as a nonprofit organizat ion under 26 U.S.C.261 Section 501(c)(3) or as a nonprofit corporation registered with the Secretary of State for262 at least five years.263 S. B. 536 - 11 - 26 LC 47 4056 (c) If the Secretary of State fails to timely certify an organ ization that satisfies the264 qualifications provided for in subsection (b) of this Code sect ion following such265 organization's application to be certified as a nominating orga nization, the organization266 may file an action against the Secretary of State for a declaratory judgment certifying the267 organization as a nominating organization.268 (d) A nominating organization may be decertified for cause by a majority vote of all of the269 then certified nominating organizations.270 (e) If there are fewer than 16 nominating organizations certified by the Secretary of State,271 the nominating committee shall consist of all of the nominating organizations. If there272 are 16 or more nominating organizations certified by the Secretary of State, the nominating273 committee shall consist of 15 nominating organizations randomly selected on an annual274 basis from all of the certified nominating organizations in such year.275 (f) The nominating committee shall select its own chair to pre side over meetings and276 voting of the commission.277 21-3-32.278 (a) Commissioners shall be selected as follows:279 (1) The nominating committee shall solicit applications to serve as a commissioner from280 across the state. A commissioner shall:281 (A) Be a resident of this state;282 (B) Be a member of the State Bar of Georgia with at least five years of legal283 experience;284 (C) Have demonstrated experience representing or advocating on behalf of members285 of protected classes;286 (D) Have not served in elected office within the previous five years; and287 (E) Not currently be serving in any government office or holdi ng any office with a288 political organization as defined in Code Section 21-2-2.289 S. B. 536 - 12 - 26 LC 47 4056 (2) The nominating committee shall maintain a qualified candidate pool consisting of at290 least 30 qualified candidates to serve on the commission. Individuals shall only be added291 to the qualified candidate pool upon a three-fifths' vote of th e nominating committee. 292 The size of the qualified candidate pool may be increased or decreased from 30 qualified293 individuals by a three-fifths' vote of the nominating committee.294 (b)(1) The Secretary of State shall appoint five commissioners w h o m e e t t h e295 qualifications provided for in subsection (a) of this Code section. The Secretary of State296 may appoint an individual from the nominating pool or may appoi nt an otherwise297 qualified individual who is not in the nominating pool. If the Secretary of State appoints298 an individual who was not in the nominating pool, the Secretary of State shall provide a299 written statement as to why it was necessary to depart from the candidates in the300 nominating pool.301 (2)(A) Upon the initial formation of the commission, the Secre tary of State shall302 designate the initial commissioners so that one commissioner sh all serve a five-year303 term, one commissioner shall serve a four-year term, one commissioner shall serve a304 three-year term, one commissioner shall serve a two-year term, and one commissioner305 shall serve a one-year term.306 (B) Except for the initial terms provided for in subparagraph (A) of this paragraph,307 commissioners shall serve five-year terms.308 (3) At least 60 days before the conclusion of a commissioner's term, the Secretary of309 State shall appoint a new commissioner to take office upon the conclusion of the current310 commissioner's term. In the event a vacancy occurs on the commission, within 30 days311 of the vacancy, the Secretary of State shall appoint a new commissioner to serve out the312 remainder of the unexpired term. All appointments made pursuant to this paragraph shall313 be in the same manner as provided for in paragraph (1) of this subsection.314 S. B. 536 - 13 - 26 LC 47 4056 21-3-33.315 (a) In any action or investigation to enforce this chapter, the commission may subpoena316 witnesses, administer oaths, examine individuals under oath, determine materials facts, and317 compel production of records, books, papers, contracts, and other documents in accordance318 with the rules of civil procedure.319 (b) The commission may hire staff and make expenditures as nec essary to carry out its320 responsibilities.321 (c) The commission shall be attached for administrative purposes only to the office of the322 Secretary of State as provided for in Code Section 50-4-3. The board shall neither be under323 the jurisdiction of the Secretary of State nor shall it be considered a division of the office324 of the Secretary of State.325 ARTICLE 4326 21-3-40.327 (a) The implementation of a covered policy, as provided for in subsection (c) of this Code328 section, by a covered political subdivision, as provided for in subsection (d) of this Code329 section, shall be subject to preclearance by the commission pursuant to this article.330 (b) The commission is responsible for administering this article, and:331 (1) The commission shall determine on a fixed date on an annual basis which political332 subdivisions are covered political subdivisions pursuant to sub section (d) of this Code333 section and shall publish a list of covered political subdivisi ons on its website no later334 than 30 days after making such determinations;335 (2) All coverage determinations shall be made by the commission based on data provided336 by the Database and Institute established pursuant to Article 6 of this chapter, or if no337 such data is available, from other reputable sources, including , but not limited to, the338 United States Census Bureau data from the American Community Su rvey and other339 S. B. 536 - 14 - 26 LC 47 4056 federal or state offices. To the extent that necessary data is not available, the commission340 shall base coverage determinations on estimates derived from av ailable data using341 validated methodologies; and342 (3) The commission shall give notice directly to each covered political subdivision and343 provide to them the corresponding requirements accompanying such coverage.344 (c) Covered policies include:345 (1) Any new or modified election policy or practice;346 (2) Any change in the powers, duties, responsibilities, jurisd iction, or authority of an347 elected official, or any action or policy that has the purpose or effect of diminishing,348 reassigning, or altering the functional role or influence of an elected official; or349 (3) Any new or modified method of election or maintenance of a method of election350 following a decennial census.351 (d) Covered political subdivisions include:352 (1) Any political subdivision that, at any point in the previous 25 years, has been subject353 to a court order based upon a judicial finding of a qualifying violation or its factual354 predicate or subject to a consent decree or court approved settlement agreement in which355 a qualifying violation was conceded or stipulated by the politi cal subdivision. A356 qualifying violation includes:357 (A) A violation of this chapter, the federal Voting Rights Act , the Fifteenth or358 Twenty-fourth Amendment to the United States Constitution, a voting related violation359 of the Fourteenth Amendment to the United States Constitution, or any voting related360 violation of any other state or federal election law, concerning discrimination against361 protected class members; or362 (B) A violation of any state or federal civil rights law or the Fourteenth Amendment363 to the United States Constitution concerning a pattern, policy, or practice of364 discrimination against protected class members;365 S. B. 536 - 15 - 26 LC 47 4056 (2) Any political subdivision that, at any point in the last 2 5 years, enacted or366 implemented a covered policy without obtaining preclearance for such policy pursuant367 to this article;368 (3) Any political subdivision that contains at least 1,000 eligible voters of any protected369 class, or in which members of any protected class constitute at least 10 percent of the370 eligible voter population of such political subdivision, and in which, at any point in the371 last ten years, the percentage of voters of any protected class in a political subdivision372 which participated in any general election for any political subdivision office was at least373 ten percentage points lower than the percentage of all voters in the political subdivision374 that participated in such election;375 (4) Any political subdivision that contains at least 1,000 eligible voters of any protected376 class, or in which members of any protected class constitute at least 10 percent of the377 eligible voter population of the political subdivision, and in which, at any point in the last378 ten years, the percentage of eligible voters of that protected class who were registered to379 vote was at least ten percentage points lower than the percentage of all eligible voters in380 the political subdivision who were registered to vote;381 (5) Any political subdivision that contains at least 1,000 eligible voters of any protected382 class, or in which members of any protected class constitute at least 10 percent of the383 eligible voter population of the political subdivision, and in which, at any point in the last384 ten years, the poverty rate among the population of a protected class exceeded the poverty385 rate among the population of the political subdivision as a who le by at least ten386 percentage points;387 (6) Any political subdivision that contains at least 1,000 eligible voters of any protected388 class, or in which members of any protected class constitute at least 10 percent of the389 eligible voter population of the political subdivision, and in which, at any point in the last390 ten years, the arrest rate among members of such protected class exceeded the arrest rate391 S. B. 536 - 16 - 26 LC 47 4056 among the population of the political subdivision as a whole by at least ten percentage392 points; or393 (7) Any political subdivision that contains at least 1,000 eligible voters of any protected394 class, or in which members of any protected class constitute at least 10 percent of the395 eligible voter population of the school district, and in which, at any point in the last ten396 years, the percentage of eligible voters of that protected clas s who have a high school397 diploma was at least ten percentage points lower than the percentage of all eligible voters398 in the political subdivision who have a high school diploma.399 21-3-41.400 (a) Preclearance submissions shall be evaluated in accordance with the standard set forth401 in this Code section. Preclearance shall be denied if:402 (1) The covered policy is more likely than not to diminish the opportunity or ability of403 members of the protected class that provided a basis for preclearance to participate in the404 political process and, in order of priority:405 (A) Elect candidates of their choice; or406 (B) Otherwise influence the outcome of elections; or407 (2) The covered policy is more likely than not to violate this chapter with respect to408 claims that could be brought by members of the protected class that provided a basis for409 preclearance.410 (b) If denial is not required under subsection (a) of this Code section, preclearance shall411 be granted.412 (c) Covered political subdivisions bear the burden of demonstrating that preclearance shall413 be granted under this standard.414 S. B. 536 - 17 - 26 LC 47 4056 21-3-42.415 Covered political subdivisions shall obtain preclearance for covered policies in accordance416 with the following:417 (1) Covered political subdivisions shall submit covered polici es to the commission in418 writing pursuant to procedures established by the commission;419 (2) The commission shall ensure that preclearance submissions and any related materials420 that are submitted to the commission by covered political subdivisions or other interested421 parties are posted in a central location on the commission's website in a timely fashion. 422 The commission shall ensure that members of the public have reasonable opportunity to423 review and submit comments for consideration by the commission before preclearance424 determinations are made;425 (3) If the commission denies preclearance to a covered policy, the covered political426 subdivisions may not implement the covered policy. The commiss ion shall provide a427 written explanation for any denial;428 (4) If the commission grants preclearance to a covered policy, the covered political429 subdivision may immediately implement the covered policy; and430 (5) A determination by the commission to grant preclearance shall not be admissible in,431 and may not be considered by, a court in any subsequent action challenging the covered432 policy. It shall not preclude, bar, or limit in any way any ot her claims that may be433 brought regarding the covered policy, including claims brought under other sections of434 this chapter.435 21-3-43.436 The commission may adopt rules and regulations to implement its mandate under this437 article.438 S. B. 536 - 18 - 26 LC 47 4056 21-3-44.439 The provisions of this article shall take effect on July 1, 2028.440 ARTICLE 5441 21-3-50.442 (a) The commission is responsible for administering this article, and every two years shall443 determine which political subdivisions meet the demographic threshold for language access444 coverage as provided for in Code Section 21-3-51 and publish a list of covered political445 subdivisions and the languages for which each is required to provide language access on446 its website, no later than 30 days after making such determinations.447 (b) All coverage determinations shall be made by the commission based on data from the448 Database and Institute, produced and maintained pursuant to Article 6 of this chapter, or449 if no such data is available, from the United States Census Bureau data from the American450 Community Survey or other data of comparable quality collected by a public office. To451 the extent that necessary data is not available, the commission shall base coverage452 determinations on estimates derived from available data using validated methodologies.453 (c) The commission shall give notice directly to each covered political subdivision454 specifying the language or languages for which the subdivision is covered, and the455 corresponding requirements accompanying such coverage.456 21-3-51.457 (a) Political subdivisions shall implement language assistance programs when found to458 meet certain demographic thresholds for voting-eligible LEP ind ividuals in accordance459 with this Code section.460 (b) The commission shall designate one or more languages, other than English, for which461 language assistance in voting and elections shall be provided Tier 1 language assistance as462 S. B. 536 - 19 - 26 LC 47 4056 provided for in subsection (b) of Code Section 21-3-52 by a sta te agency or a political463 subdivision responsible for election administration if:464 (1) More than 3 percent, but in no instance fewer than 100 ind ividuals, of the465 voting-eligible population of a political subdivision are membe rs of a single language466 minority and are LEP individuals;467 (2) More than 5,000 of the voting-eligible population of such political subdivision are468 members of a single language minority and are LEP individuals; or469 (3) When a political subdivision that contains, in whole or in part, a Native American470 reservation or other tribal land, more than 2 percent of the Na tive American471 voting-eligible population within the relevant Native American reservation or other tribal472 land are members of a single language minority and are LEP individuals.473 (c) If the voting-eligible population of any language minority group in one or more474 political subdivisions does not meet the criteria necessary for Tier 1 language assistance475 in subsection (b) of this Code section, the commission shall de signate one or more476 languages, other than English, for which Tier 2 language assistance in voting and elections477 shall be provided as required in subsection (c) of Code Section 21-3-52 by a state agency478 or a political subdivision responsible for election administration if it is determined that:479 (1) More than 1 percent, but in no instance fewer than 100 ind ividuals, of the480 voting-eligible population of a political subdivision are membe rs of a single language481 minority and are LEP individuals;482 (2) More than 1,500 of the voting-eligible population of such political subdivision are483 members of a single language minority and are LEP individuals; or484 (3) When a political subdivision that contains, in whole or in part, a Native American485 reservation or other tribal land, more than 1 percent of the Na tive American486 voting-eligible population within the relevant Native American reservation or other tribal487 land are members of a single language minority and are LEP individuals.488 S. B. 536 - 20 - 26 LC 47 4056 21-3-52.489 (a) Political subdivisions covered under subsection (b) or (c) of Code Section 21-3-51 shall490 provide language assistance in accordance with this Code section. Compliance with this491 Code section requires materials and assistance to be provided i n a manner designed to492 allow voters who are members of a single language minority to be effectively informed of493 and participate effectively in voting connected activities.494 (b) A political subdivision required to provide Tier 1 language assistance in a particular495 language other than English pursuant to subsection (b) of Code Section 21-3-51 shall496 ensure that each of the following forms of voting assistance is effectively translated and497 provided to LEP voters:498 (1) All official voteable and sample ballots used on election day, advance voting, and for499 absentee or mail voting shall be fully translated into the cove red language and made500 available to voters in all voting locations and online;501 ( 2 ) A l l f o r m s u s e d f o r v o t e r r e g i s t r a t ion, including online, mail, and in-person502 registration, along with any explanatory materials, shall be pr ovided in the covered503 language;504 (3) All public notices relating to the electoral process, incl uding notices about505 registration deadlines, polling location changes, voter educati on materials, and voting506 instructions that provide direction during the voting process shall be fully translated and507 disseminated in the covered language to the same extent that English-language notices508 are made available, including, but not limited to, notices pursuant to Part 2 of Article 9509 of this chapter;510 (4) Signage identifying the availability of translated ballots, bilingual poll workers, and511 live over-the-phone interpretation services shall be made avail able in the covered512 language on the political subdivision's website, at local elections offices, and at polling513 locations;514 S. B. 536 - 21 - 26 LC 47 4056 (5) Covered political subdivisions shall have sufficient trained bilingual poll workers or515 interpreters available at each in-person voting site to provide effective language516 assistance in the covered language to any voters who need it. Bilingual staff shall be517 easily identifiable by LEP voters through prominently displayed badges or other518 identifying materials indicating their bilingual capabilities;519 (6) Each political subdivision shall have a year-round bilingu al staff member that is520 trained in its election and voting procedures and able to respond to questions, issues, and521 the needs of covered language speakers within the political subdivision;522 (7) Live language interpretation services by telephone, allowi ng voters to request and523 receive real-time assistance in the covered language during absentee and advance voting,524 on election day, and for any voter related inquiries year-round, shall be provided; and525 (8) Any information relating to voter registration, polling and advance voting locations,526 official ballots, or other voting related materials and notifications provided on the website527 used by a political subdivision to share information related to elections and voting shall528 be made available in the covered language.529 (c) A political subdivision required to provide Tier 2 languag e assistance in a particular530 language other than English pursuant to subsection (c) of Code Section 21-3-51 shall531 provide the following physical and online voting materials in the covered language:532 (1) Sample ballots shall be translated into the covered langua ge and made available at533 polling locations and online, if English-language sample ballots are provided online;534 (2) Voter registration forms and instructions shall be provided in the covered language535 to the same extent and manner as made available in English, inc luding direct mailings536 requested by a voter;537 (3) Any notifications about polling location changes or relocations shall be provided in538 the covered language and disseminated in the covered language to the same extent that539 English-language notices are made available;540 S. B. 536 - 22 - 26 LC 47 4056 (4) In-language signage identifying the availability of covered language sample ballots541 and live over-the-phone interpretation services shall be made a vailable on the political542 subdivision's website, at a local elections office, and at polling locations during voting543 periods; and544 (5) Live language interpretation services by telephone, allowi ng voters to request and545 receive real-time assistance in the covered language during advance voting, on election546 day, and for any voter related inquiries year-round.547 (d) Where a state agency creates, produces, or disseminates re levant physical or online548 electoral and voting materials for or to political subdivisions subject to the requirements549 of this Code section, the state shall also comply with the requirements of this Code section.550 21-3-53.551 For covered languages that do not have a written form or for which use of the written form552 is limited, the subdivision shall provide recordings of oral translations or provide taglines553 or signage indicating how to access oral translations of required written assistance.554 21-3-54.555 No voter who has attended a qualifying school shall be denied the right to vote in any state556 or local election due to their inability to read, write, understand, or interpret any matter in557 the English language.558 21-3-55.559 (a) The commission shall establish a review process under whic h the commission shall560 determine, upon receipt of a request submitted under this article, whether a significant and561 substantial need exists in a political subdivision for a langua ge to be designated for562 additional language access and assistance in voting and elections whenever such a need has563 not been found under Code Section 21-3-51. Such process shall include, at a minimum:564 S. B. 536 - 23 - 26 LC 47 4056 (1) An opportunity for any individual or entity aggrieved by a failure to provide such565 assistance to submit a request for the commission to consider designating a new language566 for coverage or providing additional in-language services. Ind ividuals or entities567 aggrieved by such failure are t hose who have standing as define d by subsection (b) of568 Code Section 21-3-120;569 (2) A timeline specifying when requests for additional in-lang uage services may be570 submitted to be considered timely for the next election; and571 (3) Consideration of the following:572 (A) Community based evidence indicating the need for in-language services, including,573 but not limited to, school enrollment data, public health or so cial service records,574 language-specific outreach from community based organizations, and other reliable575 evidence;576 (B) Testimony or affidavits from individuals or entities repre senting or serving the577 language minority community, including impacted voters; and578 (C) Evidence of structural, procedural, or informational barriers that disproportionately579 impact LEP voters in the language group, including low turnout rates, high provisional580 ballot use, or lack of access to translated materials.581 (b) Upon receipt of any request pursuant to subsection (a) of this Code section, the582 commission shall:583 (1) Respond in writing within 14 days of receipt of any such request;584 (2) Provide an opportunity for public comment following the publication of a proposed585 determination; and586 (3) Issue a written decision that includes all factors considered. All final decisions shall587 be published on the commission's website.588 (c) If a request pursuant to subsection (a) of this Code secti on is granted by the589 commission too close to an election to allow for meaningful imp lementation, the590 designation shall take effect for the following election.591 S. B. 536 - 24 - 26 LC 47 4056 21-3-56.592 All materials and notices provided by a political subdivision as required by this article in593 a particular language other than English shall be of an equal quality to the corresponding594 English-language materials and produced at the same time as the corresponding595 English-language materials. All provided translated materials shall convey the intent and596 essential meaning of the original English-language text or comm unication. Translated597 materials produced solely by automated translation services are presumed to be insufficient598 to completely convey intent and essential meaning.599 21-3-57.600 (a)(1) Political subdivisions providing language services in accordance with this article601 shall hold public meetings to solicit feedback about:602 (A) The quality of all materials and services provided in a pa rticular language other603 than English; and604 (B) Barriers to voting and registration for LEP voters and communities.605 (2) Such meetings shall be advertised at least two months in advance, held at a time and606 location generally convenient for the covered language minority community, and include607 live translation services in any covered language. Election administrators shall develop608 effective recruitment practices for bilingual staff and poll workers based on community609 feedback from such meetings.610 (b)(1) Political subdivisions covered under Code Section 21-3-51 shall hold the meeting611 required by subsection (a) of this Code section at least twice per year.612 (2) Political subdivisions providing language services in acco rdance with Code613 Section 21-3-55 shall hold such meetings following elections in which language services614 are provided, but shall not be required to hold such meetings more than once per year.615 S. B. 536 - 25 - 26 LC 47 4056 21-3-58.616 Any voter who requires assistance at any stage of the voting pr ocess, by reason of617 blindness, disability, or inability to read, write, or understa nd any aspect of the voting618 process, including a person with limited English proficiency, shall have the right to receive619 assistance from any person of the voter's choice, other than the voter's employer or agent620 of that employer or officer or agent of the voter's union.621 21-3-59.622 The provisions of this article shall take effect on July 1, 2028.623 21-3-60.624 The commission may adopt rules and regulations to implement this article.625 ARTICLE 6626 21-3-70.627 Within one year of the effective date of this chapter, the commission shall select and enter628 into an agreement with one or more universities in this state to create and administer the629 Georgia Voting and Elections Database and Institute. The parties to such agreement shall630 enter into a memorandum of understanding that sets forth the governance structure for the631 Database and Institute within the university or universities.632 21-3-71.633 The mission of the Database and Institute is to collect, archive, and make publicly available634 at no cost an accessible database pertaining to elections, vote r registration, and ballot635 access in this state; to foster, pursue, and sponsor research on existing laws and regulations;636 S. B. 536 - 26 - 26 LC 47 4056 and to support and enable the development of best practices in voting and elections by637 leveraging data.638 21-3-72.639 (a) The Database and Institute shall maintain and make publicly available in an electronic640 machine-readable format all relevant election and voting data and records from at least the641 previous 12-year period, including, but not limited to, the following:642 (1) Precinct-level election results, including early votes, absentee ballots, ballots cast at643 central or county-wide polling locations, and registered voters, all broken out by precinct;644 registration and turnout data for all elections, including elections at the federal level, state645 level, and for every political subdivision; and, where availabl e, any such data at the646 sub-precinct level;647 (2) District, precinct, and, where available, sub-precinct division maps in an electronic648 geospatial format designated by the Database and Institute for all elections conducted in649 this state, including federal or state elections, and for every political subdivision;650 (3) Current and historical data on the location, dates of avai lability, and hours of651 availability of polling locations and other election offices that provide services to voters652 for every election in every political subdivision;653 (4) Information concerning the elected offices and electoral s tructure of each political654 subdivision, including, but not limited to, the method of elect ion or selection for each655 elected office, the name, title, and contact information for each current elected official,656 the commencement and expiration dates of each term of office an d the date on which657 each office is next scheduled for election, and any additional information the Database658 and Institute deems necessary to accurately describe the governing and electoral structure659 for each political subdivision;660 S. B. 536 - 27 - 26 LC 47 4056 (5) Any notice received by a political subdivision pursuant to this chapter and any public661 filings, including in litigation, made by a political subdivisi on in connection with this662 chapter; and663 (6) Any other data that is maintained by the state or politica l subdivisions that the664 Database and Institute deems necessary to maintain in furtherance of its mission.665 (b) The Database and Institute shall produce, maintain, and make publicly available in an666 electronic machine-readable format any other data or data produ cts in furtherance of its667 mission, including, but not limited to, the following:668 (1) Estimates of the total population, voting age population, and citizen voting age669 population by racial, color, or language minority group, broken down to the precinct670 level, on a year-by-year basis, for every political subdivision in this state, based on671 existing sources of data from the United States Census Bureau, the American Community672 Survey, or existing sources of data of comparable quality collected by a public office;673 (2) Estimates of limited English proficient populations, broken down by language spoken674 and by political subdivision level, on a year-by-year basis, for every political subdivision675 in this state, based on data from the United States Census Bure au, the American676 Community Survey, or data of comparable quality collected by a public office;677 (3) Relationship files following any changes to precinct boundaries or numbers, to enable678 apportioning election results under past precinct boundaries to current precinct679 boundaries, analogous to relationship files provided by the United States Census Bureau;680 (4) Records of voter and state initiated challenges to voter eligibility;681 (5) Post-election challenges, including, but not limited to, challenges to voter eligibility682 at ballot counting, challenges to ballots being counted, challenges to the certification of683 the election results, post-election audit reports, and any recounts; and684 (6) Any data or estimates identified by the commission as necessary to make coverage685 determinations under subsection (c) of Code Section 21-3-40.686 S. B. 536 - 28 - 26 LC 47 4056 21-3-73.687 In addition to maintaining the public database, the Database and Institute may:688 (1) Conduct classes both for credit and noncredit;689 (2) Organize interdisciplinary groups of scholars to research voting and elections in this690 state;691 (3) Conduct seminars regarding voting and elections;692 (4) Assist in the dissemination of election data to the public; or693 (5) Publish reports, books, and periodicals as the Database an d Institute considers694 appropriate on voting and elections in this state.695 21-3-74.696 (a) The Database and Institute shall prepare any estimates mad e under this article by697 applying the most advanced, peer reviewed, and validated method ologies available. In698 preparing any estimates under this article, the Database and Institute shall apply validated699 methodologies and engage with impacted communities to adjust estimates for documented700 inaccuracies, errors, or biases, including, but not limited to, population miscounts or701 exclusions, in data from the United States Census Bureau or the American Community702 Survey.703 (b) The data, information, and estimates maintained by the Dat abase and Institute are704 entitled to a presumption of authenticity and constitute judicially noticeable facts.705 21-3-75.706 (a) All state agencies and political subdivisions shall provid e the Database and Institute707 with any information requested by the Database and Institute in the format requested by the708 Database and Institute and consistent with any deadlines impose d by the Database and709 Institute.710 S. B. 536 - 29 - 26 LC 47 4056 (b) The Database and Institute will provide nonpartisan techni cal assistance to political711 subdivisions, scholars, and the public seeking to use its resources.712 21-3-76.713 If any political subdivision receives a request for documents under Article 4 of Chapter 18714 of Title 50, relating to open records, the political subdivision shall not be required to fulfill715 such request if:716 (1) The political subdivision has provided the requested documents to the Database and717 Institute;718 (2) The requested documents have been made publicly available by the Database and719 Institute; and720 (3) The political subdivision informs the requestor in writing that the requested721 documents are available from the Database and Institute and pro vides in their written722 response directions for accessing the specifically requested ma terials through the723 Database and Institute.724 21-3-77.725 No later than 90 days following the end of each state fiscal year, the Database and Institute726 shall publish a report on its activities and provide a copy of such report to the commission.727 21-3-78.728 The provisions of this article shall take effect on July 1, 2028.729 S. B. 536 - 30 - 26 LC 47 4056 ARTICLE 7730 21-3-90.731 (a) No person, whether acting under color of law or otherwise, shall engage in or attempt732 to engage in acts of intimidation, deception, or obstruction that affect the right of voters to733 participate in elections.734 (b) Violations of subsection (a) of this Code section include , but are not limited to, the735 following:736 (1) A person uses, threatens to use, or attempts to use any fo rce, violence, restraint,737 abduction or duress, or inflicts, threatens to inflict, or atte mpts to inflict any injury,738 damage, harm, or loss, or in any other manner practices or atte mpts to practice739 intimidation that causes or will reasonably have the effect of causing any person to vote740 or refrain from voting;741 (2) A person uses or attempts to use any deceptive or fraudulent device, contrivance, or742 communication, regarding the time, place, or manner of conducti ng an election or the743 qualifications for or restrictions on voter eligibility for an election, with reckless744 disregard for the truth, that impedes, prevents, or otherwise i nterferes with the free745 exercise of the elective franchise by any person, or that cause s or will reasonably have746 the effect of causing any person to vote or refrain from voting; or747 (3) A person obstructs, impedes, or otherwise interferes, or attempts to obstruct, impede,748 or otherwise interfere with access to any polling location or elections office, or with any749 voter in any manner that causes or would reasonably have the effect of causing any delay750 in voting or the voting process, including the canvassing, certification, and tabulation of751 ballots.752 S. B. 536 - 31 - 26 LC 47 4056 21-3-91.753 A person that violates subsection (a) of Code Section 21-3-90 or that aids in the violation754 of such subsection shall be liable for any damages awarded by the court, including nominal755 damages for any violation and compensatory or punitive damages for any willful violation.756 21-3-92.757 Nothing in this article, nor in its enforcement pursuant to Code Section 21-3-124, shall be758 construed to prohibit any activity protected under the Constitution of the United States.759 ARTICLE 8760 21-3-100.761 (a) All political subdivisions shall provide advance notice of any new or modified election762 policy or practice to the commission prior to implementation as follows:763 (1) All political subdivisions shall provide notice to the commission a minimum of 60764 days prior to implementing any changes to government boundaries, method of election,765 or district maps;766 (2) All political subdivisions shall provide notice to the commission a minimum of 15767 days prior to implementing any changes to the location, dates of availability, and hours768 of availability of polling locations and other election offices that provide services to769 voters; and770 (3) All political subdivisions shall provide notice to the commission a minimum of 30771 days prior to implementing any of the following election policies or practices:772 (A) Registration of voters;773 (B) Removal of voters from enrollment lists or other list maintenance activities;774 (C) Dates of elections and the elections calendar;775 S. B. 536 - 32 - 26 LC 47 4056 (D) Assignment of election districts to election day poll site s or advance voting776 locations;777 (E) Assistance offered to members of a language minority group;778 (F) Response to an officially declared emergency; and779 (G) Any additional topics designated by the commission pursuant to promulgated rules780 or regulations based upon a determination that such election po licy or practice may781 have the effect of denying or abridging the right to vote on ac count of race, color, or782 membership in a language minority group.783 (b) The commission shall publish all advance notices provided by political subdivisions784 in a centralized, publicly accessible location on its website.785 (c) This Code section provides minimum notice requirements and shall not supplant or786 override notice required by other laws or authorities.787 (d) Notwithstanding subsection (g) of Code Section 21-3-121, a ny political subdivision788 that complies with subsection (b) of Code Section 21-3-121 shall not be required to meet789 any local publication requirements beyond publishing notice on its own website.790 21-3-101.791 The commission shall promulgate rules and regulations to implement this article.792 ARTICLE 9793 Part 1794 21-3-110.795 Any provision of state law, regulation, charter, home rule ordi nance, or other enactment796 of the state or any political subdivision relating to voting or the right to vote shall be797 construed liberally in favor of the factors listed in this Code section. To the extent courts798 are afforded discretion on any issue, including, but not limite d to, questions concerning799 S. B. 536 - 33 - 26 LC 47 4056 discovery, procedure, admissibility of evidence, or remedies, it is the policy of the state that800 courts shall exercise such discretion, and weigh other equitable discretion, in favor of the801 following:802 (1) Making voting, the fundamental right to vote, and the abil ity to participate in the803 democratic process more accessible to eligible voters;804 (2) Safeguarding and vindicating, to the fullest extent possible by law, the voting rights805 of protected class members, including, but not limited to, equi table access to806 opportunities to register to vote and vote, and the equal opportunity to elect candidates807 of choice; and808 (3) Ensuring protected class members have full access to relief from discrimination in809 voting.810 Part 2811 21-3-120.812 (a) An action to cure a violation of this chapter may be brought by any individual or entity813 aggrieved through a cognizable injury by such violation or by the Attorney General.814 (b) An entity with a cognizable injury by a violation of this chapter shall include, but shall815 not be limited to, any entity:816 (1) Whose membership includes individuals aggrieved through a cognizable injury by817 a violation of this chapter as if such member or members had br ought action as818 individuals; or819 (2) Whose mission would be frustrated by a violation of this chapter, including, but not820 limited to, an entity that would expend or divert resources to fulfill its mission as a result821 of such violation or that shall expend greater resources or efforts to advocate before an822 elected body that is less responsive to the entity or its membe rs due to the alleged823 violation.824 S. B. 536 - 34 - 26 LC 47 4056 (c) An entity shall not be compelled to disclose the identity of any specific member to825 pursue a claim on behalf of its members.826 (d) This part shall be construed liberally to confer standing as broadly and to the maximum827 extent as possible under the Constitution of Georgia and the laws of this state.828 21-3-121.829 (a) Except as provided in subsection (f) of this Code section, before filing an action against830 a political subdivision under this chapter, a party described i n subsection (b) of Code831 Section 21-2-120, except for the Attorney General, shall send n otice to the political832 subdivision identifying the potential violation and the type of remedy the party believes833 may address the potential violation. The party may not file an action within 50 days after834 sending such notice.835 (b) The political subdivision may work with the party that pro vided notice provided for836 in subsection (a) of this Code section to implement a remedy th at cures the potential837 violation. If the political subdivision adopts a resolution identifying a remedy, affirming838 its intent to enact and implement a remedy, and establishing a timeline and specific steps839 it will take to do so, the party may not file an action within 120 days after sending such840 notice.841 (c) In response to notice provided by subsection (a) of this C ode section, the political842 subdivision may adopt a resolution denying that a violation exists, or otherwise formally843 deny a violation, which will abrogate the 50 day waiting period described in subsection (a)844 of this Code section and permit the party who sent notice to file an action immediately.845 (d) If, under the laws of this state, the political subdivisio n lacks authority to enact or846 implement a remedy identified in such a resolution, the politic al subdivision may847 nonetheless enact and implement a proposed remedy upon approval of the superior court848 having jurisdiction over such political subdivision.849 S. B. 536 - 35 - 26 LC 47 4056 (e) Following the party's submission of notice pursuant to sub section (a) of this Code850 section, such party may file a n action if the political subdivi sion has not enacted or851 implemented a remedy within the time periods designated by this Code section or such852 political subdivision has enacted or implemented a remedy that would not remedy the853 violation identified in the party's notice.854 (f) A party with standing pursuant to subsection (b) of Code Section 21-3-120 may file an855 action against a political subdivision under this chapter notwithstanding this part if:856 (1) The party is seeking preliminary relief with respect to an upcoming election;857 (2) Another party has already submitted notice pursuant to subsection (a) of this Code858 section alleging a substantially similar violation, and such pa rty is eligible to file an859 action under this part; or860 (3) The prospect of obtaining relief under subsection (b) of C ode Section 21-3-121861 would be futile.862 (g) An action to enforce this chapter may be brought in the su perior court wherein the863 defendant resides unless the venue is otherwise provided for in the Constitution of Georgia.864 21-3-122.865 Actions concerning Articles 4 or 5 of this chapter may only be filed under the following866 circumstances:867 (1) A political subdivision that has been designated as a cove red political subdivision868 under subsection (d) of Code Section 21-3-40 or Code Section 21-3-51 may challenge the869 determination within 30 days of its publication in accordance with applicable state law870 governing challenges to agency action, including the applicable standard of review of871 such actions. Such actions may only be filed by the covered po litical subdivision and872 intervention shall not be permitted;873 (2) Any party, as provided for in subsection (b) of Code Section 21-3-120, aggrieved by874 the exclusion of a political subdivision from the list of cover ed political subdivisions875 S. B. 536 - 36 - 26 LC 47 4056 under subsection (d) of Code Section 21-3-40 or Code Section 21-3-51 may file an action876 to challenge the exclusion of a political subdivision. Such ac tions are subject to a877 three-year statute of limitations, accruing from the date of any coverage determinations878 under subsection (d) of Code Section 21-3-40 or Code Section 21-3-51 and are subject879 to a de novo standard of review;880 (3) Any denial of preclearance by the commission under paragra ph (4) of Code881 Section 21-3-42 may be appealed only by the covered political s ubdivision within 30882 days of the denial in accordance with Chapter 13 of Title 50, the 'Georgia Administrative883 Procedure Act,' including the applicable standard of review of such actions. Such actions884 may only be filed by the covered political subdivision and inte rvention shall not be885 permitted;886 (4) Any party, as provided for in subsection (b) of Code Secti on 21-3-120, that is887 aggrieved by a determination by the commission to grant preclearance to a covered policy888 under subsection (c) of Code Section 21-3-40 may file an action to challenge the889 determination to grant preclearance. Such actions shall be subject to a de novo standard890 of review; or891 (5) If the commission fails to discharge any of its responsibilities under this chapter or892 any other action necessary to enforce a provision of this chapter, any party, as defined in893 subsection (b) of Code Section 21-3-120, that is aggrieved by t his failure may file an894 action seeking appropriate relief, including, but not limited to, any injunctive relief on the895 commission or any other party to the action that is necessary t o enforce this chapter. 896 Such actions shall be subject to a de novo standard of review.897 21-3-123.898 Actions brought pursuant to this chapter shall be subject to ex pedited pretrial and trial899 proceedings and receive an automatic calendar preference.900 S. B. 536 - 37 - 26 LC 47 4056 21-3-124.901 (a) In any action alleging a violation of this chapter in whic h a party seeks preliminary902 relief with respect to an upcoming election, a court shall grant relief if it determines that:903 (1) Plaintiffs are more likely than not to succeed on the merits; and904 (2) It is possible to implement an appropriate remedy that wou ld resolve the alleged905 violation in the upcoming election.906 (b) Upon finding a violation of any provision of this chapter, a court shall order907 appropriate remedies notwithstanding any other law.908 (c) The court shall have the authority to order remedies that are tailored to best mitigate909 the violation, including any and all forms of preliminary and injunctive relief. The court910 may consider, among others, any remedy that is available to a federal court or the court of911 another state jurisdiction, including through a court approved consent decree or settlement912 adopted in the context of similar facts or to remedy a similar violation.913 (d) The court shall consider proposed remedies by any parties and interested nonparties.914 (e) The court may not give deference or priority to a remedy p roposed by the political915 subdivision.916 (f) A remedy ordered under this part shall be implemented in t he next relevant election,917 scheduled or ordered, wherever possible.918 21-3-125.919 This chapter provides rights and remedies under state law to en force state constitutional920 rights or statutory rights and does not enforce any rights established under the United States921 Constitution or federal law. Nothing in this chapter may be construed to create a cause of922 action under federal law. Persuasive use of relevant federal legal standards, precedents, or923 evidentiary frameworks to aid in the interpretation or application of this chapter should not924 be construed to give rise to a federal question. Moreover, use of such federal legal925 S. B. 536 - 38 - 26 LC 47 4056 standards, precedent, or evidentiary frameworks may be persuasi ve, but shall not be926 necessary to the interpretation or application of this chapter927 21-3-126.928 Defendants in actions under this chapter may not assert the doctrine of laches as a defense929 to claims brought under this chapter. Political subdivisions may not assert that plaintiffs930 have failed to comply with any notice, exhaustion, or other procedural requirements under931 state law, other than the requirements in this chapter, as a defense to claims brought under932 this part.933 21-3-127.934 (a) In any action to enforce any provision of this chapter, a prevailing plaintiff, other than935 the state or a political subdivision, shall be entitled to recover all reasonable costs and fees936 from the defendant party. Costs and fees shall include, but sh all not be limited to,937 attorney's fees, expert witness fees, and all other litigation or pre-litigation fees and costs.938 (b) A plaintiff shall be deemed to have prevailed in an action when, as a result of an action939 or notice pursuant to Code Section 21-3-121, the defendant party yields some or all of the940 relief sought in the action.941 (c) If the state or political subdivision prevails in an actio n under this chapter, the court942 may not award the defendant party any fees or costs unless the court finds the action to be943 frivolous, unreasonable, or without foundation.944 ARTICLE 10945 21-3-140.946 To the extent any provision of this charter, including any legal standard, requirement, or947 any part thereof, may be construed or applied in a manner that is unconstitutional or948 S. B. 536 - 39 - 26 LC 47 4056 otherwise invalid, such provision shall be construed or applied in the manner that preserves949 its validity and is most consistent with the provisions provide d for in Code950 Section 21-3-110.951 21-3-141.952 (a) In any action under this chapter or any other voting related violation of state or federal953 law, no sovereign, governmental, executive, legislative, or del iberative immunities and954 privileges, including any evidentiary privileges, may be asserted; provided, however, that955 this Code section shall have no effect on any attorney-client o r attorney work-product956 privileges.957 (b) The General Assembly explicitly waives the sovereign immunity of the state and every958 political subdivision to the maximum extent necessary to effect uate and implement this959 chapter."960 SECTION 2.961 All laws and parts of laws in conflict with this Act are repealed.962 S. B. 536 - 40 -