Get Out the GVRA

Voter suppression is an aspect of elections in the United States that is well-known by many Americans, especially people of color. Throughout our electoral history, there has been a continuous push and pull with voting rights. 

The Voting Rights Act of 1965 was a landmark piece of legislation that prohibited racial discrimination in elections. However, Shelby County v. Holder (2013) determined that Section 4(b) of the Voting Rights Act was unconstitutional. This section outlines the procedures for pre-clearance in districts with a history of racial discrimination. Without federal oversight, these regions can enact voter suppression laws at the drop of a hat.

A 2021 Supreme Court decision has added fuel to the fire. In Brnovich v. DNC, the court interpreted the Voting Rights Act in a way that makes it more difficult to challenge discriminatory laws. These laws specifically target and harm voters of color, demonstrating systemic racism. 

This country has roots in the marginalization of Black people with Jim Crow laws—denying the right to vote, mandating literacy tests, and implementing poll taxes. While voter suppression isn’t as explicit as it once was, it has manifested efforts to weaken voting rights for minorities. Many Americans today face gerrymandering, strict voter registration restrictions, and language inaccessibility—the result is a decrease in voter turnout for communities of color.

So, what about Georgia? In the 2020 presidential election, President Biden barely won Georgia with a margin of 11,779 votes. As a result, all eyes were on Georgia during the 2024 election as well. The state faces rampant voter suppression efforts that will directly impact Georgians of color.

Governor Brian Kemp signed SB 202, also known as the Election Integrity Act of 2021, into law as a response. This omnibus bill made widespread changes to electoral administration in Georgia, affecting absentee voting, early voting, and vote counting. These provisions have made it more difficult to vote with an absentee ballot and banned the distribution of food and drinks to those waiting in polling lines.

In May of this year, Gov. Kemp signed SB 189, another comprehensive voting law that facilitates mass challenges to voter eligibility and creates more hurdles for “nonresidential” voters. This new category includes those who live in college dorms, nursing homes, and shelters.

In July, Georgia Secretary of State Brad Raffensperger announced an online resource for voters to cancel their registration. This has raised concern, as a glitch allowed individuals to cancel voter registrations with a few pieces of basic information. With less than 30 days until the election, Georgia lawmakers have intensified their efforts to suppress voter turnout through measures that disproportionately affect our most vulnerable.

While this is deeply concerning, there is a way to protect the voting rights of minorities in the Peach State: a state-level voting rights act. This would enhance the Voting Rights Act of 1965 and not just reiterate it. Implementing this act would enforce clear standards and prevent discrimination, possibly bringing back preclearance and creating solutions for Georgia’s needs.

But how would this act be any more helpful to voters? As we’ve seen in past Supreme Court cases, these decisions are being rolled back or interpreted in ways that harm voters. Therefore, we can’t rely solely on the federal government to protect our voting rights. A state-level act would be catered towards Georgia, taking into account our demographic diversity and history of suppression. 

With major precedents coming into question, there has been a rise in the enactment of state-level voting rights acts. As of 2024, seven states have voting rights acts: California, Connecticut, Minnesota, New York, Oregon, Virginia, and Washington. California was the first to pass the CVRA in 2001, and Minnesota recently passed its own in May.

While most states that have passed SVRAs are progressive, Minnesota and Virginia lean less blue out of the pack. In terms of political ideology, Georgia should look to these states as models for a future Georgia Voting Rights Act (GVRA). 

As a southern state with a divided government, Virginia passed its own Voting Rights Act in 2021. This act extends the early voting timeline and requires election offices to be reviewed when making changes to election administration. Similarly, Minnesota passed its Voting Rights Act (MNVRA) three years later, demonstrating that minority voting rights are being protected. Governor Tim Walz signed the MNVRA, allowing voters to fight against discriminatory policies.

The states that have enacted SVRAs have upped their game by committing to the right to vote, clearing up any confusion surrounding the electoral process. Although only a tiny portion of the country has enacted state voting rights acts, more are following suit, including Maryland, Michigan, Florida, and New Jersey. It is time for Georgia to consider the GVRA, too.

Lauren Park is a third year student at the University of Georgia studying economics and international affairs. She is a member of our voting rights group.