Judge blocks challenge to ban on giving food and drinks to Georgia voters waiting in line
Georgia's ban on people giving food and water to voters waiting in line at their polling place remains in effect after a federal judge denied a request to block the law.
On Thursday, U.S. District Judge J.P. Boulee denied a years-long effort by a coalition of voting rights groups, churches and other organizations to stop a long list of state and county defendants from enforcing the ban.
In his order, Boulee pointed to the defendants in the case, which included Gov. Brian Kemp, Secretary of State Brad Raffensperger, and individual members of the Georgia State Election Board. The judge argued that none of those listed as defendants could "enforce criminal laws or leverage criminal penalties." That, he argued, was the job of state and country prosecutors, none of whom were listed as defendants.
"Aside from a passing mention that Defendants can refer violations of election law to a district attorney, Plaintiffs have offered no evidence to establish that Defendants play any role in prosecuting violations of the Food, Drink and Gift Ban," Boulee wrote. "Certainly, Plaintiffs have not presented evidence which would show that Defendants can control a district attorney's decision to charge a crime if a violation of the law occurs."
While the defendants in the case did issue guidance about the ban, the judge said that involvement wasn't enough to cause injury. Boulee writes that he didn't see any evidence that Kemp and the others had referred a case involving the ban to any district attorney.
The long court battle over Georgia's controversial election law
The Election Integrity Act, known as SB 202, was enacted in 2021. It included the gift ban now at issue, along with other changes to Georgia's election rules such as limits on absentee ballot drop boxes, changes to early voting and new ID requirements for absentee ballots.
Supporters of the law argue that gift bans are necessary to prevent attempts to influence voters in line, while critics maintain that offering food and water is a longstanding and protected form of civic engagement.
Previous attempts to block part of the law have not succeeded in court in the long run. Last year, the 11th U.S. Circuit Court of Appeals vacated a lower-court ruling blocking the ban, saying the court applied the wrong legal standard when it enjoined the law's 25-foot "polling-line" buffer zone.
While the Justice Department under the Biden administration filed a lawsuit over the law, that lawsuit was dismissed after President Trump took office.
The Associated Press contributed to this report.
