Judge blocks photography ban in Georgia’s new election law

ATLANTA (AP) - A federal judge has found that a part of Georgia’s sweeping new election law that broadly prohibits the photographing of a voted ballot is likely unconstitutional.

U.S. District Judge J.P. Boulee on Friday granted a preliminary injunction on that section of the law, meaning it cannot be enforced for now. In the same order, he declined to block a number of other provisions that mostly have to do with monitoring or photographing parts of the election process.

The judge’s order came in a lawsuit filed by the Coalition for Good Governance, an election integrity group, and others. Boulee wrote that the plaintiffs in the lawsuit "have shown a substantial likelihood of success on the merits of their claim" that the broad ban on photographing a voted ballot in both public and nonpublic places violates their First Amendment rights.

RELATED: What is in Georgia's controversial election law?

The new law, known as SB 202, also adds a voter ID requirement for mail ballots, shortens the time period for requesting a mail ballot, results in fewer ballot drop boxes available in metro Atlanta and gives the State Election Board new powers to intervene in county election offices and to remove and replace local election officials.

There are currently eight federal lawsuits challenging parts of the 98-page law enacted earlier this year, including one filed by the U.S. Department of Justice.

"The Court’s striking of the Photography Ban was an important first step in demonstrating that SB202 is an overreach by lawmakers who prefer ballots to be counted behind closed doors, blocking the important oversight of the press and public," Marilyn Marks, executive director of the Coalition for Good Governance said in a statement.

While the lawsuit filed by the Coalition for Good Governance challenges many aspects of the law, including the part that allows the State Election Board to remove county election superintendents, the request for preliminary injunction that was the subject of Boulee’s ruling was relatively narrow.

It argued that the provisions in question criminalize normal election observation activities. Lawyers for the state had argued those parts of the law reinforce previous protections and are necessary for election integrity.

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