Free Speech Claims Over Georgia Ballot Applications Move Forward

Georgia failed to shake off claims that state restrictions on the mailing of absentee ballot applications violate the free speech rights of voter registration groups.

The suit brought by Voter Participation Center and Center for Voter Information challenges the constitutionality of two provisions of SB 202. The first prohibits sending a ballot application pre-filled with the voter’s information. The second bars persons or entities from sending a voter multiple absentee ballot applications.

There is a factual dispute about whether the ballot applications convey a message, making them expressive conduct protected by the First Amendment, the US District Court for the ...