ATLANTA (AP) – It is essentially already too late to make changes called for by lawsuits against Georgia’s new congressional and legislative maps ahead of this year’s midterm elections, an attorney for state officials said Wednesday.
Governor Brian Kemp signed the new maps for congressional and state legislative districts on Dec. 30. Three lawsuits against the cards were filed immediately that day, and two more have since been filed by individual voters, constituencies, and other organizations.
The lawyers for those critics of the new maps dismissed the idea that January was too late to make changes if the general election wasn’t held until November.
The lawsuits argue that the new maps unduly reduce the voting power of black voters and other voters of color. Two of the lawsuits argue that the cards violate the US Constitution, while the others focus on alleged violations of federal voting rights law.
Timing, jurisdiction and whether the cases should be consolidated were among the issues discussed during a hearing Wednesday involving three judges and a dozen attorneys.
The 2022 election cycle effectively begins Thursday, when candidates and their supporters can begin distributing nomination petitions, said attorney Bryan Tyson, who represents the various state officials named in the lawsuits. In addition, he said, the secretary of state’s office has told county officials that any changes in constituencies must be entered into the voter registration system by February 18 to address issues with candidate qualification, which begins March 7, and other preparations for the May avoid 24 primary.
With those processes already underway based on the maps signed by the governor, Tyson argued it was essentially too late to make changes for the 2022 cycle. Instead, this year’s elections should be held using the new maps, and any changes required as a result of the lawsuits could be implemented for the 2024 election cycle.
U.S. District Judge Steve Jones noted that the Georgia General Assembly is currently in session and the dates could change if necessary. Kevin Hamilton, an attorney who filed two of the lawsuits on behalf of individual voters, noted that the court could also order dates to be changed.
It was “a little surprising” to hear the state argue that it’s too late to fix cards that contain violations of the Voting Rights Act, Hamilton said. That’s a bit “inconsistent” given that the governor waited about 40 days to sign the cards after they were passed by state legislatures during a special legislative session in November, he argued.
Under the law, the constitutional claims made in two of the lawsuits must be heard by a panel of three judges. Among the questions for the judges to resolve is whether the Senate has jurisdiction over the other claims that raise only claims under the Voting Rights Act, or whether those claims should be heard by one of the judges alone. Judges must also decide on the schedule and whether some or all of the lawsuits can be consolidated to streamline the process.
