Eleventh Circuit reverses lower court on Georgia polling place gift-ban rule

Georgia Secretary of State Brad Raffensperger
Georgia Secretary of State Brad Raffensperger
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Republican Secretary of State Brad Raffensperger has expressed support for a recent decision by the United States Court of Appeals for the Eleventh Circuit regarding Georgia’s Election Integrity Act, also known as SB 202. The court vacated a previous lower-court ruling and instructed that the correct legal standards be applied in ongoing litigation about the law.

The central issue involves Georgia’s “gift-ban” rule, which prohibits individuals and organizations from providing money, gifts, food, or drink to voters within certain distances of polling places and voting lines. The Eleventh Circuit found that the lower court had used an incorrect legal standard when it blocked part of this rule. The appellate court directed the lower court to use the framework established by the Supreme Court before proceeding further.

Raffensperger stated, “The Eleventh Circuit’s ruling reinforces a simple truth: Georgia has the right and the responsibility to shield voters from influence and interference at the polls. Despite what Stacey Abrams and her cronies say, our laws safeguard every Georgian’s right to free, fair, and fast elections.”

SB 202 was enacted with the intention of preventing attempts to sway or influence voters during elections.

Georgia has implemented several measures aimed at improving its election process. It was among the first states to introduce automatic voter registration, offer at least 17 days of early voting—which some have described as a model—and allow absentee voting without requiring an excuse. In recent years, Georgia has reported record levels of voter turnout and participation. During the 2018 midterm election, it saw one of the largest increases in average turnout nationwide. The state also recorded high turnout in both 2020 and 2022 elections. In 2022, Georgia achieved its highest single day of in-person early voting during a midterm election using its secure paper ballot system.

Georgia has received top rankings for election integrity from organizations such as the Heritage Foundation, as well as recognition for voter accessibility from the Center for Election Innovation & Research. Additionally, it tied for first place in election administration according to the Bipartisan Policy Center.



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