A comprehensive list of bills to watch in Georgia during the current legislative session that ends on April 2. We will be updating this page regularly as things move along. Be sure to subscribe to our newsletter to keep up with latest news and calls to action.
Updated: March 9, 2021, 4:05 p.m. EST to reflect updates following Crossover Day, including those to SB 241, SB 69, SB 71, SB 93, and SB 226. HB 531 also made it through Crossover Day, according to our sources on the ground.
Updated: March 7, 2021, 5:43 p.m. EST to reflect most recent update for HB 531, which was Senate Read and Referred on Wed., March 3; HB 713, which completed House Second Readers on Fri., March 5; SB 69 and SB 71, which Senate Read Second Time, Wed., March 3; SB 226, SB 266, and SB 241 which Senate Read Second Time, Fri., March 5.
Updated: March 7, 2021, 5:38 p.m. EST to include HB 45, which would repeal Georgia\’s Civil War-era Citizen\’s Arrest Law. The bill hasn\’t moved since it was prefiled on Dec. 16, 2020. Updates also included for HB 60, which House Withdrew, Recommitted on Fri., March 5.
Updated: March 4, 2021, 8:36 p.m. EST to reflect update on SB 241.
Updated: March 4, 2021, 6:36 p.m. EST to include HB 713 and HB 590, two bills that affect governance regarding the state\’s houseless population and mental health services.
Updated: March 3, 2021, 10:17 a.m. to reflect updates on SB 226 and SB 266. Both passed in the Georgia state senate on March 3.
GEORGIA — Things are moving along quickly in the Georgia General Assembly\’s legislative session following the state\’s historic and record-breaking voter turnout in the 2020 elections and the U.S. Senate run-offs in January. There are reportedly about 50 bills that are attempting to restrict voters\’ access to the ballot — a blatantly undemocratic act — through new state legislation.
We\’ve compiled a comprehensive list here to serve as a living document for readers in Georgia, as well as across the U.S., who are interested in keeping up. Each item includes a brief description of the bill, its current status, and additional context provided by state legislators, activists, and voter protection organizations such as the New Georgia Project.
In addition to the voter suppression bills we are watching, we\’ve included other bills that relate to the protection of human rights and individuals\’ constitutional rights to protest.
Voter suppression
- Republican-sponsored
- Also known as Republicans’ omnibus voter suppression bill
- According to the New Georgia Project, this bill would:
- Restrict early voting hours to 9 a.m. to 5 p.m.
- Ban early voting on Sundays
- Ban government from mailing absentee ballot applications
- Limit ballot drop box locations to only early voting locations
- Limit ballot drop box hours to only early voting hours
- Close ballot drop boxes the day *before* the election
- Require in-person law enforcement surveillance of ballot drop boxes
- Restrict mobile voting
- Outlaw line warming by non-partisan volunteers
- Require driver’s license to vote by mail
- “A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that no election superintendents or boards of registrars shall accept private funding; to provide for related matters; to repeal conflicting laws; and for other purposes.”
- House Committee: Special Committee on Election Integrity
- Current status: House passed (97-72), March 1. Senate Read and Referred, March 3.
- Call to action: Call and write senators to kill the bill
- Republican-sponsored
- This bill would:
- Make voting by mail (absentee voting) punishable by felony prosecution unless voters provide an excuse;
- Require voters to have a witness authorize their private ballot;
- Establish a state-run voter fraud hotline.
- According to the New Georgia Project, Georgia voters have been able to vote by mail for any reason since 2005, which has been critical to safe election participation during the COVID-19 health crisis
- “A BILL to be entitled an Act to comprehensively revise elections and voting; to amend Chapter 2 of Title 21 of the O.C.G.A., relating to elections and primaries generally, so as to provide for the establishment of a voter intimidation and illegal election activities hotline; to limit the ability of the State Election Board and the Secretary of State to enter into certain consent agreements; to amend Article 1 of Chapter 13 of Title 50 of the O.C.G.A., relating to general provisions regarding administrative procedure, so as to provide for the submission and suspension of emergency rules by the State Election Board; to provide for severability; to provide for related matters; to repeal conflicting laws; and for other purposes.”
- Senate Committee: Ethics
- Current status: Senate Passed/Adopted by Substitute, March 8
- Republican-sponsored
- According to the New Georgia Project, this bill would make it more difficult to vote by mail by adding additional restrictions to who can vote by mail, and adding additional I.D. requirements. This bill would also remove significant power from the Secretary of State to regulate the voting by mail process.
- “A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the submission of identification in connection with absentee ballot applications; to provide for the submission of photocopies of voter identification documents for absentee ballot applications; to provide for requesting of absentee ballot applications through a web portal; to provide for related matters; to repeal conflicting laws; and for other purposes.”
- House Committee: Special Committee on Election Integrity
- Senate Committee: Ethics
- Senate vote #60 (32-18), Feb. 23
- Senate vote #61 (35-18), Feb. 23
- Current status: House Second Readers, Feb. 25
- Republican-sponsored
- This bill would eliminate ballot drop boxes in Georgia
- According to the New Georgia Project, this is a problem because not everyone can afford postage and forcing people to mail ballots is effectively a poll tax. Secondly, “with the current state of affairs at the U.S. Postal Service, mail is not the most timely method for returning ballots.”
- Additionally, “ballot drop boxes make absentee voting more accessible for voters who live far from their county registrars’ office and those without reliable transportation,” says NGP.
- “A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to revise the manner of delivery of voted absentee ballots; to provide for related matters; to repeal conflicting laws; and for other purposes.”
- Senate Committee: Ethics
- Current status: Senate Read and Referred, Feb. 2
- Republican-sponsored
- This bill would end a successful automatic voter registration policy put into place in 2016
- “A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that persons desiring to register to vote or update their voter registration through an application for a driver\’s license or identification card shall be required to affirmatively indicate such desire on such application; to provide for related matters; to repeal conflicting laws; and for other purposes.”
- Senate Committee: Ethics
- Current status: Senate Engrossed, Senate Tabled, March 8
- Republican-sponsored
- This bill would repeal the no-excuse absentee ballot voting law put into place by Georgia Republicans in 2005
- “A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to revise the definition of absentee elector; to provide for reasons for voting by absentee ballot; to provide for certain exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.”
- Senate Committee: Ethics
- Current status: Senate Engrossed, Senate Tabled, March 8
- Republican-sponsored
- This bill would prohibit any third party from proactively sending out applications to vote by mail.
- “A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to limit the distribution of absentee ballot applications to certain election officials and candidates; to provide for certain disclosures; to provide for related matters; to repeal conflicting laws; and for other purposes.”
- Senate Committee: Ethics
- Current status: Senate Read and Referred, Feb. 2
- Republican-sponsored
- This bill would limit the use of “mobile” polling places in Georgia, rendering them practically un-usable
- According to the New Georgia Project, this is a problem because “mobile polling supplement traditional polling places in areas with few, or no, municipal buildings and/or limited public transit. They are an important accessibility tool for Black and brown communities. Limiting them disenfranchises voters.”
- “A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the use of portable and movable polling facilities in certain circumstances; to provide for standards for such facilities; to provide for certain approvals; to provide for related matters; to repeal conflicting laws; and for other purposes.”
- Senate Committee: Ethics
- Current status: Senate Engrossed/Senate Tabled, March 8
- Republican-sponsored
- This bill would prohibit local elections boards from applying from non-governmental funding. In 2020, both Democratic and Republican-run state elections boards received grant funding to supplement funds from the Secretary of State.
- “A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to prohibit boards of elections, boards of elections and registration, local election superintendents, and county boards of registrars from accepting or expending private funds; to provide that such local elections officials can only accept lawful appropriations of public funds or authorized fees; to provide for related matters; to repeal conflicting laws; and for other purposes.”
- House Committee: Special Committee on Election Integrity
- Current status: House Second Readers, Jan. 14
- Republican-sponsored
- This bill would make it illegal to add early voting locations within 60 days of an election
- The New Georgia Project says this is a problem, explaining, “Inclement weather like we’re seeing across the southeast and changes in COVID-19 protocols may create a need for changes to/additional early voting locations. If HB 250 is passed, adding early voting locations in those circumstances would be illegal.”
- “A BILL to be entitled an Act to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting, so as to limit changes to advanced voting locations in the period prior to an election; to provide notice requirements for changes of advanced voting locations; to provide for related matters; to repeal conflicting laws; and for other purposes.”
- House Committee: Special Committee on Election Integrity
- Current status: House Second Readers, Feb. 4
- Republican-sponsored
- According to the New Georgia Project, this bill would make it illegal to vote by mail unless the voter has voted in person at least once previously
- “A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide that persons who register to vote by mail shall vote for the first time in person; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.”
- House Committee: Special Committee on Election Integrity
- Current status: House Second Readers, Feb. 8
- Republican-sponsored
- Would prohibit election boards from sending or issuing any absentee ballot 10 days prior to Election Day, severely restricting when absentee ballots can be mailed to voters
- Currently, the deadline for a voter to request an absentee ballot is three days before Election Day
- “A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the time periods for the mailing and issuance of absentee ballots; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.”
- House committee: Special Committee on Election Integrity
- Current status: House Committee Favorably Reported By Substitute, Feb. 10
Repeal the Citizen\’s Arrest Law
- Democrat-sponsored
- This bill is sponsored by Reps. Carl Gillard (162nd District, Garden City) and Calvin Smyre (135th District, Columbus)
- This bill would repeal Georgia\’s Citizen\’s Arrest law, which was enacted during the Civil War and allows citizens to arrest someone if a crime is being committed in their presence of they have immediate knowledge that a crime has been committed.
- The bill drew national attention following the murder of 25-year-old Ahmaud Arbery, committed by Gregory McMichael and Travis McMichael. The McMichaels\’ attorneys cited this antiquated law in their defense. They have since been indicted, are incarcerated, and are awaiting trial.
- A BILL to be entitled an Act to amend Article 4 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by private persons, so as to repeal the article in its entirety; to amend Titles 17, 35, and 43 of the Official Code of Georgia Annotated, relating to criminal procedure, law enforcement officers and agencies, and professions and businesses, respectively, so as to make conforming changes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
- House Committee: N/A
- Current status: Prefiled on Dec. 16, 2020. It has not moved since it\’s been prefiled.
Anti-protest, pro-police legislation
SB 171, “Safe Communities Act of 2021”
- A Republican-sponsored anti-protest law that promotes property protection (city and personal)
- “A BILL to be entitled an Act to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to provide for enhanced penalties for certain offenses committed during an unlawful assembly; to revise the offense of unlawful assembly; to amend Chapter 60 of Title 36 of the O.C.G.A., relating to general provisions regarding provisions applicable to counties and municipal corporations; to amend Chapter 1 of Title 45 of the O.C.G.A., relating to general provisions regarding public officers and employees; to amend Title 50 of the O.C.G.A., relating to state government, so as to prohibit employment and benefits from governments under certain circumstances; to provide for related matters; to provide for a short title; to repeal conflicting laws; and for other purposes.”
- Committee: Judiciary
- Current status: Bill is held in committee, March 3
- Our notes from the March 2 Senate judiciary hearing:
- Sen. Randy Robertson (29th District) presented bill, claiming we can see examples of “things that happened in Seattle, Portland, and Atlanta” for why laws like this need to be put into place
- In regards to line 63 (referring to assembly of two or more people), Robertson referenced the fire truck not being able to get the Wendy’s in South Atlanta last summer during the Rayshard Brooks protests as an example. He also claimed APD was told to not arrest people, leaving the Georgia Bureau of Investigation and Georgia State Patrol to “enforce Georgia law.”
- Larry Ramsy with the Association County Commissioners of Georgia said he is concerned this bill will “thread the needle” between civil rights and state laws
- Isabelle Otaro of the Southern Poverty Law Center action fund focused on the fact that this bill targets a specific kind of protest
- Noted the protection of (confederate) monuments; says this bill does not delineate what exactly this means
- Permits reduce a community’s ability to react to events, such as shootings
- Feels this bill will give protection to groups like the Proud Boys, oath keepers, citing sections 4 and 11 (Example: James Alex Fields, Jr., in Charlottesville)
- Emphasized that the civil rights movement forced a lot of progress that required protests
- This bill “looks like a Jim Crow relic”
- Christopher Bruce, political director of ACLU GA, said this bill “tramples on our civil rights”
- Criminal defense lawyers present in the hearing also stated many parts of this law are already governed by existing Georgia laws
- Mentioned RICO act
- Line 80 has no clarification of “violence”
- Lines 202-209: in Georgia, you can steal a monument and only face three years; again, the language is not clear in what constitutes as vandalizing
- Stated again this bill would protect people using cars as weapons against protesters
- Criminal defense lawyers present in the hearing also stated many parts of this law are already governed by existing Georgia laws
- Republican-sponsored
- This bill would prevent cities and counties from adjusting their own city budgets, namely police budgets. This would prevent cities and counties to do what they need to do to take care of their citizens and reallocate funds to community programs that are desperately needed, especially during the coronavirus pandemic (which isn\’t over).
- “A BILL to be entitled an Act to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to restrict the ability of county governing authorities to reduce funding for county police departments; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal corporations, so as to restrict the ability of municipal or consolidated government governing authorities to reduce funding for municipal police departments; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.”
- House Committee: Governmental Affairs
- Senate Committee: Government Oversight
- Passed in House; 101-69 on Feb. 24
- Current status: Senate Read Second Time, March 5
- Call to action: Call and/or email Georgia senators to kill this bill
Trans rights
SB 266, “Save Girls Sports Act”
- Republican-sponsored
- This bill targets the safety of transgender youth
- “A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide that it shall be unlawful for a public school or a private school whose students or teams compete against a public school to operate, sponsor, or facilitate athletic programs or activities that permit a person whose gender is male to participate in an athletic program or activity that is designated for females; to provide for definitions; to provide for remedies for violations; to provide for exceptions; to waive certain immunities; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.”
- Senate Committee: Education
- Current status: Passed in the Senate in a 5-3 roll call vote; Senate Read Second Time, March 5.
- Notes from March 3 Senate Youth & Education hearing:
- Sen. Harben presenting, claims boys have a biological physical advantage over girls. Played a video from Prager University. He then had a legal representative answer all questions.
- The legal representative for Harben couldn’t answer when asked how many (high school sports) girls in Georgia had lost out on opportunities due to trans athletes on their team. It appears to us from this testimony that there are none.
- One featured testimony fired off on how “biological males/females” is essentially a bunch of bull, said “trans girls are girls”
- Board member for American Foundation for Suicide Prevention (AFSP) Georgia stands in opposition, saying sports provide a positive and supportive social interaction that provides a buffer against suicide. Says if this bill is enacted would be “state sanctioned bullying”.
- Faith and freedom coalition supports the bill
- Georgia equality goes against previous legislation passed in 2011 and 2016; says this bill does not address trans girls who do not go through “male” puberty.
- Georgia Baptist Mission Board says despite no examples of girls losing to trans athletes in Georgia, they want this legislation to pass “before it happens”
- Mother of an athlete\’s testimony of her daughter with a “pink lacrosse stick, describing her as “trim and lithe, peaches and cream, delicate features” — shares that her daughter is trans. The mother asks, If she doesn’t belong on the girls team, and she doesn’t belong on the boys team, where does she belong?
Homelessness, Health Services
HB 713, “Reducing Street Homelessness Act of 2021”
- Bipartisan
- Two Democrat sponsors: Karla Drenner (85th district, DeKalb County) and Calvin Smyre (135th district, Columbus)
- “A BILL to be entitled an Act to amend Title 37, Article 1 of Chapter 8 of Title 50, and Chapter 16 of Title 50 of the O.C.G.A., relating to mental health, general provisions relative to the Department of Community Affairs, and public property, respectively, so as to provide for multifaceted reform initiatives and supports relating to mental health and homelessness; to provide for related matters; to provide for a short title; to provide for an effective date; to repeal conflicting laws; and for other purposes.”
- Would ban homeless camps
- House Committee: Public Safety and Homeland Security
- Current status: House Second Readers, March 5
- Bipartisan
- One Democrat sponsor: Mary Margaret Oliver (82nd district, Decatur)
- This bill would lower the standard to institutionalize people with mental illnesses and make it easier for police officers to initiate involuntary institutionalization.
- “A BILL to be entitled an Act to amend Title 37 of the O.C.G.A., relating to mental health, so as to provide for a grant program to establish assisted outpatient treatment programs for persons with mental illness who struggle to maintain engagement with essential mental health treatment; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.”
- House Committee: Health & Human Services
- Current status: House First Readers, Feb. 24
Education
- Republican-sponsored
- Will ban books that are deemed “harmful,” under the guise of protecting the children from sex
- “A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution of harmful materials to minors, so as to provide that the provisions of Code Section 16-12-103 shall be applicable to libraries operated by schools; to provide for related matters; to repeal conflicting laws; and for other purposes.”
- Senate Committee: Judiciary
- Current Status: Senate Passed/Adopted By Substitute, March 8
- Notes from March 2 Senate judiciary hearing:
- Presented by Sen. Jason Anavitarte, 31st district
- Testimony included a mother who was upset her 11th grade son had to read and discuss “The Handmaids Tale” for a month in their Fulton County school
- Other testimony indicated concern that SB 226 is asking schools to do something they won’t be able to do and that vendors will have to redo the search system
- Notes from March 3 Senate judiciary hearing:
- The bill has changed a bit.
- There’s now a process when a complaint is brought up, the principal makes the decision if a book should be pulled and then that’s presented to the superintendent. Has changed from a “school libraries are not place for obscene materials” to a “parent’s right to be heard bill”
- Testimony provided concerns that the state board would not be able to rule on specific books (for example removing the handmaid\’s tale)
- General concern that EBSCO will have no accountability
- Another testimony mentioned a teacher that was arrested for having child pornography and worried about what materials this teacher was distributing to students
- Bible verses being quoted, including, “ If anyone causes one of these little ones to stumble …”
HB 60, “Georgia Educational Scholarship Act”
- Republican-sponsored
- Legislation that would divert public education funding towards private school vouchers
- “A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to provide for the establishment of educational scholarship accounts; to provide for a short title; to provide for definitions; to provide for qualified education expenses; to provide for qualifications for students to participate in the account program; to establish certain requirements for participating schools and service providers; to provide for accounts and account funds; to establish a Parent Review Committee to review expenditures upon request; to authorize the Office of Student Achievement to promulgate rules and regulations; to provide for annual testing of participating students; to provide for an annual report on the account program; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.”
- House committee: Education
- Current status: House Withdrawn, Recommitted, March 5
Guns
HB 2, “Georgia Constitutional Carry Act”
- Republican-sponsored
- Would enable gun owners to carry a concealed gun without obtaining a permit, or requiring a background check
- “A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 12 of the O.C.G.A., relating to general provisions regarding parks, historic areas, memorials, and recreation; to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to carrying and possession of firearms; to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the O.C.G.A., relating to transportation passenger safety, so as to revise provisions of law regarding the carrying of firearms; to amend Title 27 of the O.C.G.A., relating to game and fish, so as to revise certain laws regarding the carrying of firearms; to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the O.C.G.A., relating to parking for persons with disabilities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.”
- House committee: Public Safety and Homeland Security
- Current status: House Second Readers, Feb. 22
