ATLANTA (AP) — A judge has refused to block a section of a Georgia election law that prohibits handing out food and water to voters waiting in line.
The provision is part of sweeping electoral reform approved by Georgia lawmakers last year. Voting rights groups, which have filed a lawsuit challenging various parts of the law, argued that the provision infringes on their free speech rights and should be immediately blocked while the case is pending.
The 74-page order, which was issued on Thursday, means the provision will remain in place for the November general election, which is closely watched. Republican Governor Brian Kemp is locked in a rematch with Democratic challenger Stacey Abrams, while Democratic US Senator Raphael Warnock is trying to fend off a challenge from Republican Herschel Walker.
The state had argued that the provision was necessary to protect against conditions at polling places that could raise concerns about potential illegal campaigning or vote buying. State attorneys also argued that it was too close to the next election to make any changes.
US District Judge JP Boulee said voting rights groups may ultimately prevail on part of their challenge, but agreed with the state that it is too close to the election to block any part of the provision. He noted that requiring different rules for the general election than those that applied for the primary earlier this year could cause confusion among poll workers.
Boulee said voting rights groups had not shown that prohibiting the distribution of food and drink within 45 meters (150 feet) of a polling place violates their constitutional rights. But he said another part of the provision that bars people from offering food and drinks within 25 feet of anyone in line is likely to be unconstitutional because that zone is tied to voter location and could extend thousands of feet from the polling station.
Voting rights groups expressed disappointment with Boulee’s ruling but said they will continue to fight.
“While Georgia’s cruel online relief ban remains in place for now, we look forward to making our broader case against SB 202 at trial, where we will prove that many provisions of the legislation violate federal law and the Constitution,” the statement said. ACLU of Georgia Voting Rights. lawyer Rahul Garabadu.
Republicans have said the high turnout and short lines in this year’s primary show the new law does not discourage or restrict voting. But critics say it disproportionately affects marginalized voters, and many Democrats have pledged to reverse it.
The US Department of Justice has also filed a lawsuit claiming that Georgia’s 98-page voting law is racially discriminatory, but was not part of the request to immediately block the provision of food and water.
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