US EditionAppeals Court Vacates 2023 Ruling that Partially Struck Down Georgia Ban on Giving People Food and Drink in Voting Lines
The Eleventh Circuit reversed a prior injunction, citing a Supreme Court ruling and returning the case for further constitutional review of Georgia's voting line gift ban.
- On Monday, the Eleventh Circuit Court of Appeals in Atlanta cancelled a two-year-old preliminary injunction that blocked enforcement of Georgia's ban on giving food and drink at polling places.
- Last year, a U.S. Supreme Court ruling changed facial First Amendment analysis, and the Eleventh Circuit Court of Appeals said the district court failed to apply the Moody v. NetChoice, LLC test.
- Under S.B. 202 the statute created a misdemeanor penalty of up to a year, and the law was in effect during 2022 elections, according to the law passed in 2021.
- The appeals court returned the case to U.S. District Judge J.P. Boulee, citing the need for a facial analysis, with Raffensperger praising the decision and civil-rights groups opposing it.
- S.B. 202 became a national flashpoint after passage, prompting Major League Baseball All-Star Game to move from Atlanta amid national political fallout and legal fights over restrictions on drop boxes and absentee voting.
11 Articles
11 Articles
Georgia ban on ‘line warming’ at the polls revived after new ruling
Senate Bill 202 passed in 2021 after President Donald Trump’s narrow defeat in Georgia, and contained a provision that made it a misdemeanor offense to hand out food and drinks to voters waiting in line. Ross Williams/Georgia RecorderSince 2023, part of a controversial Georgia election law banning food and water from being distributed to voters waiting in line has been on hold, as a lawsuit against the measure worked its way through the federal …
The Atlanta Voice
No handing out food and drink at polling places, court rules
ATLANTA — A federal appeals court has restored a state ban on giving food and drink to people waiting in line to vote. The Eleventh Circuit Court of Appeals in Atlanta on Monday cancelled a preliminary injunction issued by the U.S. District Court for the Northern District of Georgia two years ago that stopped the state from enforcing its ban on giving “gifts” near polling places. The three-judge appellate panel decided that a ruling by the U.S. …
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