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| Image: Lawandcrime.com |
Georgia's amended voting rules under SB202 has been criticized by the media and fact checkers claiming a shocking felony for any person handing food or water to voters standing in line.
This was echoed by Joe Biden who said “It’s sick” at a press conference on March 25.
“Deciding in some states that you cannot bring water to people standing in line, waiting to vote.”
This is simply not true.
FactCheck.org
FactCheck.org revolved it's fact check of this around Georgia Governor Brian Kemp who called Joe Biden statements "factually wrong".FactCheck.org claims that "Kemp is wrong about Biden’s remarks." premised by an inaccurate interpretation of the law in Georgia.
The intention may be to prevent special interest groups from delivering food and water to people waiting in line as a means to influence voters. But, as we said, the law bans “any person” from providing food or drink “within 25 feet of any voter standing in line.”
That is simply a false statement. That is not what the law bans.
They highlight these sections of SB202 § 33(a)-(e)(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign material, nor shall any person give, offer to give, or participate in the giving of any money or gifts, including, but not limited to, food and drink, to an elector, nor shall any person solicit signatures for any petition, nor shall any person, other than election officials discharging their duties, establish or set up any tables or booths on any day in which ballots are being cast:
(1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors.
(e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted or from making available self-service water from an unattended receptacle to an elector waiting in line to vote.
Then offer that "“a poll officer” cannot hand drinks to people waiting in line — which was Biden’s point."
This may have been his intent, but this is not what he said and as such, this doesn't make Kemps statements false.They strengthen their case by offering a statement from Justin Levitt, a law professor at Loyola Law School in Chicago.
“The law bans anyone from giving food or drink to any person within 25 feet of any voter standing in line, period"
That statement is simply false.
Setting aside the fact that Illinois law differs from Georgia law. Both Justin Levitt and FactCheck.org are incorrect. That is not what the law states.
The law states that nobody can give money or a gift, which includes food and/or water, which means they may not gift anything to an elector. This is easier to discern when isolated:
nor shall any person give, offer to give, or participate in the giving of any money or giftsThose gifts include food and water.
However, Uber Eats could deliver water. Pizza Hut can deliver food and drink.
Nothing is stopping Coca-Cola, who is notably headquartered in Georgia, from sending an armada of employees to sell bottled water at cost, which is about 4 pennies, to every single voter in line.
Nothing is stopping your neighbor from bring everyone in line water and handing it to them.
The law simply does not ban any person from handing water to a voter in line. It's only a crime if it's a gift. Gifts of water are allowed as noted by FactCheck.org if they are self-service.
Moreover, these restriction only apply to certain people. SB202 amends
GA Code § 21-2-414 and what has been ignored is the fact that this part and these limitations are applicable only to campaign and polling staff.What is missing from SB202 is what's right above the area that it amends which states:
Restrictions on campaign activities and public opinion polling within the vicinity of a polling place; cellular phone use prohibited; prohibition of candidates from entering certain polling places; penalty
The restrictions are only applicable to political organizations and their associates and polling staff.
FactCheck..org makes several false claims in their article.
POLITIFACT
POLITIFACT claimed that Josh Holmes made a false claim when he said:
A Georgia law has not “criminalized giving people bottles of water.” It pertains to political organizations.
For the same foregoing reasons, POLITIFACT makes a false claim.
CNN
CNN makes the same mistake with more clarity claiming:
This provision is located in the same paragraph as a provision banning campaign activity in these locations, but the provision doesn't prohibit only people who are campaigning from giving out food and drink. It says "any person," not just campaigners.
As previously explained, this is simply false. It only says that in the SB202 bill, however, SB202 amends GA Code § 21-2-414 which clearly states this law is applicable to campaigners and polling staff exclusively.
