Federal Appeals Court Nears Decision on Georgia Voter Challenge Lawsuit

The 11th Circuit Court of Appeals is reviewing a case involving True the Vote, a conservative group accused by Fair Fight and others of violating the Voting Rights Act by challenging over 360,000 Georgia voter registrations ahead of the 2021 Senate runoff elections. The lower court ruled that while True the Vote used unreliable data and acted recklessly, there was insufficient evidence to prove voter intimidation. However, during oral arguments, the appeals court judges criticized the lower court for applying an incorrect legal standard, emphasizing that an attempt to intimidate voters does not require actual success. The judges suggested that the case might be sent back to consider claims of attempted intimidation, potentially strengthening protections against mass voter challenges that disproportionately affect minority voters. True the Vote denied any intent to intimidate voters, and its lawyer argued there was no direct contact with the challenged voters. The appeals court has yet to issue a final ruling, but the hearing indicated a willingness to revive the lawsuit and scrutinize the legality of mass voter challenges under the Voting Rights Act.