Citations
- 439 F. Supp. 2d 1294
Full opinion text
ORDER
HOWARD L. MURPHY, District Judge.
This case is an action to have the photo identification (“Photo ID”) requirement set forth in Senate Bill 84 (“The 2006 Photo ID Act”), declared unconstitutional both on its face and as applied, and to enjoin its enforcement on the ground that it imposes an unauthorized, unnecessary, and undue burden on the fundamental right to vote of hundreds of thousands of registered Georgia voters, in violation of article II, section 1, paragraph 2 of the Georgia Constitution, the Fourteenth and Twenty-Fourth Amendments to the federal Constitution, the Civil Rights Act of 1964 (42 U.S.C.A. § 1971(a)(2)(A) and (a)(2)(B)), and Section 2 of the Voting Rights Act of 1965 (42 U.S.C.A. § 1973(a)). This case is before the Court on Plaintiffs’ Second Motion for Preliminary Injunction [108].
I. Procedural Background
On September 19, 2005, Plaintiffs filed this lawsuit. Plaintiffs initially asserted that the Photo ID requirement in the 2005 Amendment to O.C.G.A. § 21-2-417 (Act No. 53) (“The 2005 Photo ID Act”) violated the Georgia Constitution, was a poll tax that violated the Twenty-fourth Amendment and the Equal Protection Clause, unduly burdened the fundamental right to vote, violated the Civil Rights Act of 1964, and violated Section 2 of the Voting Rights Act of 1965.
On September 19, 2005, Plaintiffs requested that the Court schedule a preliminary injunction hearing. On that same day, the Court entered an Order scheduling a preliminary injunction hearing for October 12, 2005. (Order of Sept. 19, 2005.)
On October 6, 2005, Plaintiffs filed a formal Motion for Preliminary Injunction. On October 7, 2005, Secretary of State Cox filed a Motion to Dismiss Individual Capacity Claims. On October 11, 2005, individual Plaintiff Tony Watkins filed a Stipulation of Dismissal Without Prejudice of his claims. Finally, on October 12, 2005, Plaintiffs filed their First Amendment to Complaint, which addressed the issue of standing for the organizational Plaintiffs.
On October 12, 2005, the Court held a hearing with respect to Plaintiffs’ Motion for Preliminary Injunction. During the October 12, 2005, hearing, the parties presented evidence and arguments in support of their respective positions.
On October 18, 2005, the Court entered an Order granting Plaintiffs’ Motion for Preliminary Injunction and finding that Plaintiffs had a substantial likelihood of success on their claims that the 2005 Photo ID Act unduly burdened the right to vote, and that the 2005 Photo ID Act constituted a poll tax. (Order of Oct. 18, 2005.) On October 19, 2006, the Court denied the State Defendants’ Motion to Dismiss Individual Capacity Claims. (Order of Oct. 19, 2005.) On October 20, 2005, The Court denied the State Defendants’ Motion to Stay Preliminary Injunction Pending Appeal. (Order of Oct. 20, 2005.)
The State Defendants appealed the October 18, 2005, Order to the United States Court of Appeals for the Eleventh Circuit, requesting that the Eleventh Circuit stay the Court’s October 18, 2005, Order pending resolution of the appeal. On October 27, 2005, the Eleventh Circuit denied the State Defendants’ Motion to stay the October 18, 2005, Order pending resolution of the appeal.
In January 2006, the Georgia General Assembly passed the 2006 Photo ID Act, which Governor Purdue signed into law. On February 23, 2006, Plaintiffs filed a Motion for Leave to File Second Amended Complaint. In that Motion, Plaintiffs sought permission to amend their First Amended to Complaint to assert claims that both the 2005 Photo ID Act and the 2006 Photo ID Act violated the Georgia Constitution, the federal Equal Protection Clause, the Fourteenth and Twenty-Fourth Amendments to the federal Constitution, the Civil Rights Act of 1964, and Section 2 of the Voting Rights Act of 1965. On March 2, 2006, the Court held a telephone conference with counsel to discuss the issues relating to preclearance of the 2006 Photo ID Act by the United States Department of Justice (“DOJ”). The Court stayed the proceedings in this case pending notification of’the DOJ’s decision concerning preclearance of the 2006 Photo ID Act. (Order of Mar. 2, 2006.)
On April 21, 2006, Secretary of State Cathy Cox filed a Notice of Section 5 Preclearance of Act 432 (SB 84). On that same day, the Court entered an Order lifting the stay in this case, and setting forth a briefing schedule for Plaintiffs’ Second Motion for Preliminary Injunction. (Order of Apr. 21, 2006.) On April 26, 2006, Plaintiffs filed their Second Amended Complaint.
On May 5, 2006, Plaintiffs filed a Motion to Revise Scheduling Order of April 21, 2006, pending the State Election Board’s adoption of rules and regulations implementing the 2006 Photo ID Act, and pending DOJ preclearance of those rules and regulations. On that same day, the Court approved a Consent Order revising the briefing schedule for Plaintiffs’ Second Motion for Prehminary Injunction to require Plaintiffs to file that Motion within ten days after the rules and regulations adopted by the State Election Board received preclearance from DOJ. (Order of May 5, 2006.)
On May 10, 2006, Secretary of State Cathy Cox and the State Election Board filed a Motion to Dismiss Plaintiffs’ Second Amended Complaint for Declaratory and Injunctive Relief in Part. On May 25, 2006, Plaintiffs filed a Second Motion for Order to Certify Questions of State Law to the Georgia Supreme Court. On June 29, 2006, the Court entered an Order granting the Motion to Dismiss Plaintiffs’ Second Amended Complaint for Declaratory and Injunctive Relief in Part, dismissing Counts One and Three of Plaintiffs’ Second Amended Complaint, as well as the portions of Counts Two, Five, and Six of Plaintiffs’ Second Amended Complaint that challenged the 2005 Photo ID Act. (Order of June 29, 2006.) In that same Order, the Court denied Plaintiffs’ Second Motion for Order to Certify Question of Law to the Georgia Supreme Court. (Id.)
After the Court’s June 29, 2006, Order, the following claims asserted in Plaintiffs’ Second Amended Complaint remain pending. In Count Two of their Second Amended Complaint, Plaintiffs contend that the Photo ID requirement imposes an undue burden on the right to vote, in violation of the Equal Protection Clause. (Second Am. Compl. ¶¶ 89-91.) In Count Four of their Second Amended Complaint, Plaintiffs assert that the 2006 Photo ID Act is an unconstitutional poll tax if it is construed or applied to require voters to pay a fee for a birth certificate or other documents to obtain a Georgia voter Photo ID card. (Id. ¶¶ 96-97.) In Count Five of their Second Amended Complaint, Plaintiffs allege that the Photo ID requirement violates the Civil Right Act of 1964, as set forth in 42 U.S.C.A. §§ 1971(a)(2)(A) and 1971(a)(2)(B). (Id. ¶¶ 98-102.) Finally, in Count Six of their Second Amended Complaint, Plaintiffs assert that the Photo ID requirement violates Section 2 of the Voting Rights Act of 1965, 42 U.S.C.A. § 1973(a). (Id. ¶¶ 103-106.)
On June 30, 2006, following a telephone conference with counsel, the Court entered an Order setting forth the briefing schedule for Plaintiffs’ Second Motion for Preliminary Injunction, and directing the parties to appear before the Court for a hearing on the Motion at 10:00 a.m. on July 12, 2006. (Order of June 30, 2006.)
On July 5, 2006, Plaintiffs filed their Second Motion for Preliminary Injunction. Plaintiffs have sought to have the 2006 Photo ID Act declared invalid, both on its face and as applied, and to enjoin its enforcement. Plaintiffs contend that the 2006 Photo ID Act imposes an unauthorized, unnecessary, and undue burden on the fundamental right to vote of hundreds of thousands of registered Georgia voters, in violation of Article II, section I, paragraph 2 of the Georgia Constitution, the Fourteenth and Twenty-Fourth Amendments to the United States Constitution, the Civil Rights Act of 1964 (42 U.S.C.A. §§ 1971(a)(2)(A) and (a)(2)(B)), Section 2 of the Voting Rights Act of 1965 (42 U.S.C.A. § 1973(a)), and 42 U.S.C.A. §§ 1983 and 1988. Plaintiffs request that the Court enter a preliminary injunction that prohibits Defendants from: (1) enforcing or attempting to enforce or apply the 2006 Photo ID Act and the regulations issued by the State Election Board under that Act at any elections in Georgia; or (2) discouraging, interfering with, or preventing any person who is lawfully registered from voting in person in any such elections, pending a final trial on the merits or a further Order from the Court. Plaintiffs request that the Court enjoin Defendants “and all state or local election officials be further enjoined from making any public announcement or statements or other communications that advise registered voters or election officials in Georgia that registered voters may not cast a ballot in any election if the voter does not have one of the forms of photo identification specified in the 2006 Photo ID Act.” (Pis.’ Mot. Second Prelim. Inj. at 2.) Plaintiffs also ask the Court to order and direct Defendants “to send prompt written notice to each of the 675,000 registered voters who have been identified by the Secretary of State as not having Georgia driver’s licenses, informing them that they are not required to present photographic identification as a condition to being admitted to the polls or allowed to vote and that they will not be discouraged, interfered with, or otherwise prevented from voting in person by defendants or other election officials on the ground that they are unable to present photographic identification to election officials at the polls.” (Id. at 2-3.)
On July 7, 2006, the State Election Board filed a Motion to Dismiss Plaintiffs’ Second Motion for Preliminary Injunction and to Cancel Hearing. That Motion to Dismiss followed a temporary restraining order issued by the Superior Court of Fulton County, Georgia, on July 7, 2006, enjoining the defendants in that case from enforcing the 2006 Photo ID Act during the July 18, 2006, primary election or any resulting run-off election. Lake v. Perdue, Civil Action File No.2006CV119207, slip op. at 3-4 (Fulton County Super.Ct. July 7, 2006.) The plaintiffs in Lake had argued that the 2006 Photo ID Act violated the Georgia Constitution. On July 10, 2006, following a telephone conference with counsel, the Court entered an Order indicating that the Court would postpone the July 12, 2006, preliminary injunction hearing in this case if the Supreme Court of Georgia entered an Order denying the Lake defendants’ request to stay the temporary restraining order in that case prior to July 12, 2006. (Order of July 12, 2006.)
On July 12, 2006, the Court held a hearing concerning Plaintiffs’ Second Motion for Preliminary Injunction. Near the conclusion of the hearing, counsel received information that the Georgia Supreme Court had denied the Lake defendants’ request to stay the temporary restraining order in that case, leaving the temporary restraining order in place for at least thirty days.
At the conclusion of the July 12, 2006, hearing, the Court orally granted Plaintiffs’ Second Motion for Preliminary Injunction with respect to Plaintiffs’ claim under the Equal Protection Clause. This Order formally sets forth the Court’s findings and conclusions concerning Plaintiffs’ Section Motion for Preliminary Injunction.
II. Factual Background
A. Plaintiffs’ Allegations
1. Allegations Noted in the October 18, 2005, Order
In the Court’s October 18, 2005, Order, the Court set forth information concerning Plaintiffs’ allegations with respect to the 2005 Photo ID Act. The Court incorporates that portion of the October 18, 2005, Order into this Order in the event that any of those allegations are relevant to this Order. (Order of Oct. 18, 2005, at 3-22.)
2. The Parties
Plaintiff Common Cause/Georgia is a chapter of Common Cause, Inc. (Second Am. Compl. ¶ 1(a).) Common Cause is a non-partisan citizen lobby organized as a not-for-profit corporation under the laws of the District of Columbia, and is devoted to causes such as electoral reform, ethics in government, and the protection and preservation of the rights of all citizens to vote in national, state, and local elections, including educating voters about voting rights and procedures. (Id.)
Plaintiff League of Women Voters of Georgia is a non-partisan Georgia nonprofit corporation that was founded in 1920. (Second Am. Compl. ¶ 1(b).) Plaintiff League of Women Voters of Georgia’s purpose is to encourage the informed and active participation by citizens in government at all levels, including the protection of the right of all citizens to vote and the education of voters about voting rights and procedures. (Id.)
Plaintiff The Central Presbyterian Outreach and Advocacy Center, Inc. is a Georgia non-profit corporation that provides support to people in poverty, including emergency services for basic human needs and assistance in achieving self-sufficiency, including assisting individuals in obtaining photo identification. (Second Am. Compl. ¶ 1(c).)
Plaintiff Georgia Association of Black Elected Officials, Inc. is an unincorporated association of more than 700 elected officials throughout the State of Georgia who regularly conduct election campaigns and seek the votes of all registered, eligible voters. (Second Am. Compl. ¶ 1(d).) It also promotes voter registration, education, and participation, preserves minority voting rights, and fights to ensure that no qualified voters are turned away on Election Day for failure to possess a photo ID card, or because of any other undue burden, in violation of their right to vote. (Id.)
Plaintiff the National Association for the Advancement of Colored People (“Plaintiff NAACP”), through its Georgia State Conference of Branches, is the nation’s oldest civil rights organization. (Second Am. Compl. ¶ 1(e).) Plaintiff NAACP was formed in 1909 by a multiracial group of activists, and has nationwide membership as well as members and offices in Georgia. (Id.) Plaintiff NAACP has advocated for the advancement and protection of voting rights for minorities, and, throughout its history, has fought for access to the ballot, for its members and for others. (Id.) It also has fought to ensure that racial minorities, low income people, and economically disadvantaged people have access to the ballot box and an equal opportunity to participate in the political process. (Id.)
Plaintiff Georgia Legislative Black Caucus (“Plaintiff GLBC”) was formed in 1966 and consists of elected African-American members of the House and Senate of the Georgia General Assembly. (Second Am. Compl. ¶ 1(f)). Plaintiff GLBC’s members, as elected representatives, engage in election campaigns, seek votes of registered, eligible voters, and also seek to make certain that the right to vote of all eligible citizens is protected and that no eligible voters are discouraged or prevented from voting on election day for failure to possess a Photo ID card in violation of their right to vote. (Id.)
Plaintiff Concerned Black Clergy of Metropolitan Atlanta, Inc. is a non-partisan, interfaith religious organization of mostly African-American members and laity whose mission is to provide leadership, advocacy, and service to the poor, the homeless, and the helpless in the metropolitan Atlanta area, including protecting their rights as citizens to full participation in the democratic process, including the right to register and vote without undue interference. (Second Am. Compl. ¶ 1(g).)
Plaintiff National Council of Jewish Women, Inc. (“NCJW”) is a volunteer organization that is inspired by Jewish values. (Second Am. Compl. ¶ 1(h).) Plaintiff NCJW works to improve the quality of life for women, children, and families, as well as to ensure individual and civil rights and freedoms for all through a network of 90,000 members, supporters, and volunteers nationwide. (Id.)
All of the above Plaintiffs are non-profit organizations composed of members who would have standing to sue in their individual right for the allegations set forth in the Second Amended Complaint. (Second Am. Compl. ¶ l(i).) The interests that those Plaintiffs and their members seek to protect in the Second Amended Complaint are germane to the purpose of each of those Plaintiffs, and neither the claim asserted nor the relief sought requires participation by the individual members of those Plaintiffs. (Id.)
Plaintiff Clara Williams is an African-American and duly qualified and registered voter residing in the City of Atlanta and Fulton County, Georgia. (Second Am. Compl. ¶2.) Plaintiff Williams does not possess a Georgia driver’s license, passport, or other form of government issued Photo ID, or any other form of photographic identification specified in the 2006 Photo ID Act. (Id.)
Defendant Evon Billups is the Superintendent of Elections for the Board of Elections and Voter Registration for Floyd County, Georgia, and is charged with the duty of conducting elections in Floyd County, Georgia, and the City of Rome, Georgia. (Second Am. Compl. ¶ 3(a)(i).) Plaintiffs have sued Defendant Billups in her individual and official capacities. (Id.)
Defendant Tracy Brown is the Superintendent of Elections for the Board of Elections and Voter Registration for Bartow County, Georgia, and is charged with the duty of conducting elections in Bartow County, Georgia. (Second Am. Compl. ¶ 3(a)(ii).) Plaintiffs have sued Defendant Brown in her official and individual capacities. (Id.)
Defendants Gary Petty, Michelle Hudson, Amanda Spencer, Ron McKelvey, and Nina Crawford are members of the Board of Elections and Voter Registration for Catoosa County, Georgia, and are charged with the duty of conducting elections in Catoosa County, Georgia. (Second Am. Compl. IT 3(a)(iii).) Plaintiffs have sued those Defendants in their official and individual capacities. (Id.)
Defendant Judge John Payne is the Superintendent of Elections for the Board of Registrars for Chattooga County, Georgia, and is charged with the duty of conducting elections in Catoosa County, Georgia. (Second Am. Compl. ¶ 3(a)(iv).) Plaintiffs have sued Defendant Payne in his official and individual capacities. (Id.)
Defendant Shea Hicks is the Superintendent of Elections for the Board of Elections and Registrations for Gordon County, Georgia, and is charged with the duty of conducting elections in Gordon County, Georgia. (Second Am. Compl. ¶ 3(a)(v).) Plaintiffs have sued Defendant Hicks in her official and individual capacities. (Id.)
Defendant Jennifer A. Johnson is the Superintendent of Elections for the Board of Elections and Voter Registration for Polk County, Georgia, and is charged with the duty of conducting elections in Polk County, Georgia. (Second Am. Compl. ¶ 3(a)(vi).) Plaintiffs have sued Defendant Johnson in her official and individual capacities. (Id.)
Defendant Sam Little is the Superintendent of Elections for the Board of Elections and Registration for Whitfield County, Georgia, and is charged with the duty of conducting elections in Whitfield County, Georgia. (Second Am. Compl. ¶ 3(a)(vii).) Plaintiffs have sued Defendant Little in his official and individual capacities. (Id.)
Defendant Cathy Cox is the Secretary of State for the State of Georgia, and is Chair of the State Election Board. (Second Am. Compl. ¶ 3(a)(viii).) Defendant Cox has been designated as the Chief Election Official for purposes of the federal Help America Vote Act of 2002, and also is the Chief Election Official for purposes of the National Voter Registration Act of 1933. (Id.) Plaintiffs have sued Defendant Cox in her individual and official capacities. (Id.)
The State Election Board is not specifically named as a Defendant in this action. (Second Am. Compl. ¶ 3(ix).) On October 5, 2005, however, the Court granted a request by the State Election Board to intervene in this action. (Order of Oct. 5, 2005.)
Plaintiffs allege that the superintendents and board members of the city and county boards of elections named in Paragraphs 3(a)(i) through 3(a)(vii) of the Complaint are members of a class that consists of superintendents and members of city and county boards of elections in each of the 159 counties in Georgia, who are so numerous as to make their joinder impracticable. (Second Am. Compl. ¶¶ 3(a), 6.) Plaintiffs seek certification of a defendant class of all superintendents and members of all city and county boards of election in Georgia under Federal Rule of Civil Procedure 23(b)(1) and (b)(2). (Id. ¶ 7.)
3. Allegations Concerning Pre-Exist-ing Georgia Law
Prior to the 1998 elections, voters in Georgia, like registered voters in a majority of other states, were not required to present identification as a condition of voting. (Second Am. Compl. ¶ 9.) In 1997, the Georgia General Assembly adopted O.C.G.A. § 21-2-417, which required registered voters in Georgia to identify themselves by presenting one of seventeen forms of identification to election officials as a condition of being admitted to the polls and of being allowed to vote. (Id. ¶ 10.) Prior to its amendment in 2005, O.C.G.A. § 21-2-417 permitted, but did not require, registered voters to present a Georgia driver’s license or other form of official photographic identification as a method of identification as a condition of voting. (Id. ¶ 11.) Voters, however, remained free to use any of eight other methods of identification for voting, including a birth certificate, a social security card, a copy of a current utility bill, a government check, a payroll check, or a bank statement showing the voter’s name and address. (Id.) Additionally, voters who did not have, or could not find, one of the seventeen forms of identification specified in former O.C.G.A. § 21-2-417(a), were entitled to be admitted to the polls, to be issued a ballot, and to be allowed to vote simply by signing a statement under oath swearing or affirming that he or she is the person identified on the elector’s certificate. (Id. ¶ 12.) Plaintiffs contend that this fail-safe provision was essential to ensure that no voter who possessed the qualifications specified in the Georgia Constitution and who had not been disenfranchised for one of the two reasons provided in the Georgia Constitution would be allowed to vote, thereby avoiding a conflict between the constitutional right to vote and the 1997 voter identification statute. (Id. ¶ 13.)
An August 25, 2005, memorandum from the Voting Section of the Department of Justice (“DOJ”) indicates that the DOJ granted the 1997 Georgia voter identification statute preclearance under Section 5 of the Voting Rights Act “based on two main factors: (1) the fail-safe procedure ensured that voters were not turned away for lack of authorized identification, and (2) minority contacts did not urge an objection primarily because no voters would be turned away if they did not have proper identification.” (Second Am. Compl. ¶ 14 & Ex. A.)
4. The 2005 Photo ID Act
In 2005, the Georgia General Assembly adopted the 2005 Photo ID Act, which amended O.C.G.A. § 21-2-417 to require that all registered voters in Georgia who vote in person in all primary, special, or general elections for state, national, and local offices held on or after July 1, 2005, present a government-issued Photo ID to election officials as a condition of being admitted to the polls and before being issued a ballot and being allowed to vote. (Second Am. Compl. ¶ 15.) Representative Sue Burmeister, a Republican, sponsored the bill that became the 2005 Photo ID act. (Id. ¶ 16.) Representative Burmeister told the Voting Section of the DOJ “that if there are fewer black voters because of this bill, it will only be because there is less opportunity for fraud. She said that when black voters in her black precincts are not paid to vote, they do not go to the polls.” (Id. ¶ 16 & Exs. A-B.) Plaintiffs assert:
The real purpose of the 2005 Photo ID Act was and is to perpetuate and entrench control by the Republican Party over elections for state and federal offices at all levels in Georgia by making it easier for white voters to cast absentee ballots and by making it more difficult, if not impossible, for voters who are poor, elderly or infirm, to vote, and, most especially, to suppress the number of African-American and other minority voters.
(Id. ¶ 17.)
Secretary of State Cox informed the General Assembly and the Governor before the passage of the 2005 ID Act that the Act would open the door even wider to fraud in absentee balloting, while imposing a severe and unnecessary burden on the right to vote for hundreds of thousands of poor, elderly, and minority voters. (Second Am. Compl. ¶ 18 & Exs. C-D.) She noted that there had been no documented cases of fraudulent voting by persons who obtained ballots unlawfully by misrepresenting their identities as registered voters to poll workers reported to her office during her nine years as Secretary of State and that the greatest concern about fraudulent voting was with respect to absentee voting. (Id. ¶ 18 & Exs. C-D.)
Only one of forty-four African-American legislators in both houses of the General Assembly voted in favor of the 2005 Photo ID Act. (Second Am. Compl. ¶ 20.) In the House of Representatives, eighty-nine Republicans and two Democrats voted to approve the Act, while seventy-two Democrats and two Republicans voted against the Act. (Id. ¶ 19.) In turn, thirty-one Republicans in the Senate voted to approve the report of the Conference Committee on the Act, while eighteen Democrats and two Republicans voted against it. (Id.)
On April 22, 2005, Governor Sonny Per-due signed Act 53, and the Photo ID requirement of Act 53 became effective on July 1, 2005, subject to pre-clearance by the DOJ. (Second Am. Compl. ¶ 21.) On August 25, 2005, the career staff in the Voting Section of the DOJ recommended denial of preclearance for the mandatory Photo ID requirement in the 2005 Photo ID Act. (Id. ¶ 22 & Ex. A.) On August 26, 2005, the DOJ granted pre-clearance. (Id. ¶ 22 & Ex. E.)
At the same time that the General Assembly voted to require the presentation of a Photo ID for voting, the General Assembly also voted to amend O.C.G.A. § 40-5-103(a) to double the minimum fee for a Photo ID from $10 to $20 for a five-year Photo ID, and to authorize a new ten-year Photo ID for $35. (Second Am. Compl. ¶23.) The General Assembly also voted to amend O.C.G.A. § 21-2-380(b) to make it easier for voters to obtain absentee ballots. (Id.)
After adopting Act 53, Georgia became one of only two states that requires registered voters to present a Photo ID as an absolute condition of being admitted to the polls and being allowed to cast a ballot in federal, state, and local elections. (Second Am. Compl. ¶ 24.) Twenty-six states do not require registered voters to present any form of identification as a condition of admission to the polls or to cast a ballot. (Id.) Twenty-four states require voters to present some form of identification of the polls. (Id.) Of those states requiring identification, only Georgia requires that voters present a Photo ID as the sole method of identification as a condition of voting, with no fail-safe alternative. (Id.)
5. The 2006 Photo ID Act
In January 2006, a majority of legislators in the Georgia House of Representatives and the Georgia Senate adopted the 2006 Photo ID Act. (Second Am. Compl. ¶ 27.) The 2006 Photo ID Act repealed the 2005 Photo ID Amendment, replacing it with identical Photo ID requirements for in-person voting and a new code section, O.C.G.A. § 21-2-417.1, which requires the Board of Elections in each county to issue a “Georgia voter identification card” containing a photograph of the voter, without charge to voters residing in the county, upon presentation of certain identifying documents. (Id.) The 2006 Photo ID Act amended O.C.G.A. § 40-5-103 by striking the previous subsection (d) in the 2005 Photo ID Act, which had required a voter to execute an affidavit of poverty to obtain a Photo ID without charge from the Department of Drivers Services (“DDS”). (Id. ¶ 28.) In its place, the 2006 Act substituted a requirement that the voter swear “that he or she desires an identification card in order to vote ... and that he or she does not have any other form of identification that is acceptable under Code § 21-2-417” and to “produce evidence that he or she is registered to vote in Georgia.” (Id.)
On January 9, 2006, the first day of the 2006 legislative session, the House Committee on Governmental Affairs of the Georgia House of Representatives approved SB 84 by a straight party-line vote of seven to three, sending the bill to the floor of the House. (Second Am. Compl. ¶ 29.) Before the full House considered SB 84, the Atlanta Journal Constitution published an article titled: “Registration in Georgia: Bogus Addresses Clutter Voter Registration Rolls.” (Second Am. Compl. ¶ 32.) When SB 84 came up for a vote by the full House, the House did not address the issues of fraud in voter registration and in absentee voting. (Id. ¶ 33.) Plaintiffs contend that the manner in which the Georgia General Assembly passed SB 84 illustrates that the motivation behind the bill was purely partisan. (Id. ¶ 34.)
On January 24, 2006, the Senate passed SB 84. (Second Am. Compl. ¶ 35.) On January 25, 2006, the House of Representatives passed SB 84. (Id.) On January 26, 2006, Georgia’s governor, Sonny Perdue, signed the Act. (Id.) The General Assembly refused to delay the effective date of the 2006 Photo ID Act until after the 2006 primary and general elections. (Id. ¶ 40.) On April 21, 2006, the DOJ precleared the 2006 Photo ID Act.
On January 29, 2006, the Atlanta Journal-Constitution published an article titled, “Absentee Voter Fraud Untouched by ID Law — Most Frequent Form of Cheating May be Eased by Recent Rules.” (Second Am. Compl. ¶ 36 & Ex. G.)
Governor Perdue estimated that 300,000 Georgians do not have a driver’s license or other acceptable photo identification for voting. (Second Am. Compl. ¶43 & Ex. H.) According to Plaintiffs, United States Department of Transportation data indicates that Georgia may have as many as 874,420 citizens of driving age who do not have driver’s licenses. (Id. ¶ 43.) Plaintiffs contend that census data indicate that 390,414 Georgians of voting age and 242,-949 Georgia households do not have access to a car or truck. (Id.) According to Plaintiffs, the census data further indicate that the median income of Caucasian households in Georgia is almost twice that of African-American households. (Id.) Additionally, according to the census data, twenty-eight percent of African-Americans and twenty-one percent of Hispanics in Georgia live in poverty, as compared to ten percent of Caucasians in Georgia. (Id.) The Census Bureau further reported that 140,-000 African-American households in Georgia, ■ as compared to 89,000 Caucasian households in Georgia, lacked access to a car. (Id.) Finally, the AARP and the League of Women Voters estimated that over 152,000 Georgians who voted in the 2004 general election were over sixty years of age and did not have a Georgia driver’s license. (Id.)
6. The Statutes Modified or Enacted by the 2006 Photo ID Act
The 2006 Photo ID Act changed O.C.G.A. § 40-5-103(d)(l) to .eliminate the affidavit of indigency requirement. That portion of the statute now provides:
The department shall not be authorized to collect a fee for an identification card from any person:
(1)Who swears under oath that he or she desires an identification card in order to vote in a primary or election in Georgia, and that he or she does not have any other form of identification that is acceptable under Code Section 21-2-417 for identification at the polls in order to vote; and
(2)Who produces evidence that he or she is registered to vote in Georgia. This subsection shall not apply to a person who has been issued a driver’s license in this state.
O.C.G.A. § 40-5-103(d).
The 2006 Photo ID Act also amended the text of O.C.G.A. § 21-2-417. O.C.G.A. § 21-2^417 currently provides:
(a) Except as provided in subsection (c) of this Code section, each elector shall present proper identification to a poll worker at or prior to completion of a voter’s certificate at any polling place and prior to such person’s admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
(1) A Georgia driver’s license which was properly issued by the appropriate state agency;
(2) A valid Georgia voter identification card issued under Code Section 21-2^417.1 or other valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the elector;
(3) A valid United States passport;
(4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state;
(5) A valid United States military identification card, provided that such identification card contains a photograph of the elector; or (6) A valid tribal identification card containing a photograph of the elector.
(b) Except as provided in subsection (c) of this Code section, if an ■ elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall be allowed to vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is the person identified in the elector’s voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in subsection (a) of this Code section within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement.
(c) An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-200, and who votes for the first time in this state shall present to the poll workers either one of the forms of identification listed in subsection (a) of this Code section or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not have any of the forms of identification listed in this subsection, such elector may vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is the person identified in the elector’s voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this subsection within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement.
O.C.G.A. § 21-2-417.
Finally, the 2006 Photo ID Act added O.C.G.A. § 21-2-417.1, which provides:
(a) Each county board of registrars shall .provide at least one place in the county at which it shall accept applications for and issue Georgia voter identification cards to registered Georgia electors which shall under state law be valid only for purposes of voter identification under Code Section 21-2-417 and available only to registered electors of this state. No fee shall be charged or collected for the application for or issuance of a Georgia voter identification card. .
(b) No person shall be eligible for a Georgia voter identification card if such person has a valid unexpired driver’s license or identification card issued under Code Section 40-5-100.
(c) The Georgia voter identification card shall be captioned ‘GEORGIA VOTER IDENTIFICATION CARD’ and shall contain a prominent statement that under Georgia law it is valid only as identification for voting purposes. The Georgia voter identification card shall be laminated, shall contain a digital photograph of the applicant, and shall include the following information:
(1) Full legal name;
(2) Address of residence;
(3) Birth date;
(4) Date identification card was issued;
(5) Sex;
(6) Height;
(7) Weight;
(8) Eye Color;
(9) County where the identification card was issued including a county number to be assigned for each county by the Secretary of State; and
(10) Such other information or identification as required by rule of the State Election Board.
(d) The application for a Georgia voter identification card shall elicit the information required under subsection (c) of this Code section and such other information as may be required by rule of the State Election Board. The application shall be signed and sworn to by the applicant and any falsification or fraud in the making of the application shall constitute a felony offense under Code Section 16-10-71, relating to the offense of false swearing.
(e) The board of registrars shall require presentation and verification of the following information before issuing a Georgia voter identification card to a person:
(1) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person’s full legal name and date of birth;
(2) Documentation showing the person’s date of birth;
(3) Evidence that the person is registered to vote in this state; and
(4) Documentation showing the person’s name and address of principal residence.
(f) A Georgia voter identification card shall remain valid so long as a person resides at the same address and remains qualified to vote. It shall be the duty of a person who moves his or her residence within the State of Georgia to surrender his or her card to the board of registrars of the county of his or her residence; and such person may after such surrender apply for and receive a new card if such person is otherwise eligible under this Code section. It shall be the duty of a person who moves his or her residence outside the State of Georgia or who ceases to be qualified to vote to surrender his or her card to the board of registrars by which it was issued.
(g) The State Election Board shall provide each county board of registrars with the necessary equipment, forms, supplies, and training for the production of the Georgia voter identification cards and shall maintain such equipment.
(h) The State Election Board shall adopt rules and regulations for the administration of this Code section and, without limiting the generality of the foregoing, such rules and regulations may further define or prescribe the types of documentation required under subsection (e) of this Code section.
O.C.G.A. § 21-2-417.1.
7. The Accompanying Rules and Regulations
On June 22, 2006, the State Board of Elections adopted rules and regulations to implement the 2006 Photo ID Act. The State submitted the rules and regulations to the DOJ for review, and the DOJ pre-cleared the rules and regulations on June 27, 2006. The rules and regulations provide:
183-1-20.01 Georgia Voter Identification Card
(1) Intent and Purpose. These rules are promulgated pursuant to the authority granted the State Election Board under O.C.G.A. §§ 21-2-417.1 and 21-2-31. It is the intent of the State Election Board to provide for the time, place and manner in which each county Board of Registrars shall issue the Georgia Voter Identification Card to eligible electors and to provide for the acceptable types of documentation necessary to obtain a Georgia Voter Identification Card. To this end, the State Election Board has promulgated these rules and regulations.
(2) Application for the Georgia Voter Identification Card. Beginning with the July 18, 2006 Party Primary Election each county registrar shall provide the application for the Georgia Voter Identification Card in the form designed and published by the State Election Board or its member designee(s). Any registered voter who meets the criteria in
O.C.G.A. § 21-2-417.1 and wishes to obtain a Georgia Voter Identification Card shall be required to submit the information requested in such application. It shall be the responsibility of each county registrar to ensure that each accepted application is complete.
(3) Availability of the Georgia Voter Identification Card
(a) Each county shall provide a place within the voter registrar’s primary or main office location, as previously approved by the Department of Justice, to process applications for Georgia Voter Identification Cards and to process and distribute such cards.
(b) Each county registrar’s office may provide additional locations or extended hours for processing applications for the Georgia Voter Identification Card and processing and distributing the cards but shall be required to comply with criteria for establishment of additional voter registration places as outlined in 183-1-6-03(3).
(c) Each county registrar’s office shall be open a minimum of eight hours per day on Monday through Friday of the week before the final primary, election, or run-off election day, except for legally observed holidays, and shall otherwise be open during normal business hours of the office in order to allow registered voters to apply for and obtain a Georgia Voter Identification Card.
(d) The voter registrar’s office of each county shall provide the application and process the Georgia Voter Identification Card using the equipment, forms, supplies, and written training materials and/or verbal training provided by the State Election Board.
(e) Each county Board of Registrars shall sign and maintain an intergovernmental agreement provided by the State Election Board outlining the use of the equipment.
(4)Documentation required for application and issuance of the Georgia Voter Identification Card.
(a) In accordance with O.C.G.A. § 21-2-417.1(e), the Board of Registrars shall require the presentation and verification of the following information before issuing a Georgia Voter Identification Card:
1. A photo identity document, except that nonphoto identity document is acceptable if it includes both the applicant’s full legal name and date of birth;
2. Documentation showing the applicant’s date of birth;
3. Evidence that the applicant is registered to vote in the State of Georgia, either by voter precinct card, a new voter registration application or confirmation of voter’s record on the statewide voter registration system or by verifying the original application in the voter registrar’s office; and
4. Documentation showing the applicant’s name and principal residence address.
(b) In determining whether the requirements of O.C.G.A. § 21-2-417.1(e) have been met, the following shall apply:
1. Any of the following which contains a photograph of the applicant shall constitute a photo identity document, as provided in O.C.G.A. § 21-2-417.1(e)(1):
(i) Student ID Card including public or private high school, college, university, or vocational school;
(ii) Transit Card;
(in) Pilot’s License;
(iv) Nursing Home Identification Card;
(v) Employee Identification Card;
(vi) Government Housing Authority Identification Card;
(vii) Any government issued license;
(viii) Any card accepted by local, state or federal government for the provision of benefits; or
(ix) Any card accepted by local, state or federal government for access to buildings.
2. Any of the following shall constitute a nonphoto identity document in lieu of a photo identity document as provided in O.C.G.A. § 21-2-417.1(e)(1) only if it includes both the applicant’s full legal name and date of birth:
(i) Original birth certificate or certified copy of birth certificate;
(ii) Certificate of birth registration;
(in) Voter Registration Application;
(iv) Copy of records filed in court by the applicant or on behalf of the applicant by the applicant’s counsel;
(v) Naturalization documents;
(vi) Copy of Marriage License Application;
(vii) A copy of the applicant’s State or Federal Tax Return filed for the previous calendar year;
(viii) Any other document issued by local, state, or federal government so long as the document provides a reasonably rehable confirmation of the identity of the applicant;
(ix) Paycheck or paycheck stub bearing the imprinted name of the applicant’s employer;
(x) An original of the annual social security statement received by the applicant for current or preceding calendar year;
(xi) An original of a Medicare or Medicaid statement received by the applicant;
(xii) Certified school record or transcript for current or preceding calendar year;
(xiii) Hospital birth certificate;
(xiv) An authenticated copy of a doctor’s record of post-natal care; or
(xv) A federal Affidavit of Birth, form DS-10.
3. The registrar shall accept as documentation showing the applicant’s date of birth under O.C.G.A. § 21-2-417.1(e)(2) any of the documents described in subparagraph (b)2 above.
4. The registrar shall accept as proof of voter registration under O.C.G.A. § 21-2^417.1(e)(3) the applicant’s voter registration application or a voter’s precinct card.
5. Any of the documents described in subparagraphs (b)(1) and (2) shall be acceptable as documentation showing the applicant’s name and address of principal residence under O.C.G.A. § 21-2-417.1(e)(4) if the documentation contains the applicant’s name and address of principal residence. In addition, the registrar shall also accept the following as documentation showing the applicant’s name and address of principal residence if the applicant’s name and address of principal residence appears on the document:
(i) Voter Precinct Card;
(ii) Utility or cable bill issued within the last sixty (60) days;
(iii) Bank statement issued within the last sixty (60) days;
(iv) Currently valid rental contracts and/or receipts for payments made within the last sixty (60) days for rent payments;
(v) A copy of the applicant’s State or Federal income tax return filed for the preceding calendar year;
(vi) Homeowners insurance policy or bill for current or preceding calendar year;
(vii) Mortgage, payment coupon, deed, or property tax bill for current or preceding calendar year;
(viii) Current Automobile Registration Receipt;
(ix) Homestead Exemption documentation; or
(x) W-2 for the preceding calendar year.
6. The application and supporting-documentation of any applicant who is denied a Georgia Voter Identification Card shall be immediately forwarded via facsimile and U.S. mail to the State Election Board for automatic review to determine if the applicant has provided reasonably reliable documentary indicia confirming the identity of the applicant in which case the State Election Board shall direct the voter registrar to issue the Georgia Voter Identification Card.
B. Evidence Submitted by the Parties
1. The October 18, 2005, Order
The Court’s October 18, 2005, Order summarizes evidence presented by the parties and hearing testimony from the October 12, 2005, hearing relating to the 2005 Photo ID Act. The Court incorporates that portion of the October 18, 2005, Order into this Order.
2. Exhibits to Plaintiffs’ Second Motion for Preliminary Injunction
Plaintiffs submitted as Exhibit B to their Second Motion for Preliminary Injunction the Secretary of State NEWS for June 19, 2006. In that release, the Secretary of State’s Office reported that a database match between the State’s file of registered voters and the DDS data file of persons issued valid Georgia driver’s licenses or Georgia ID cards revealed that 676,246 registered voters either had no record of a driver’s license or ID issued, or had their licenses revoked, suspended, canceled, denied, or surrendered.
Plaintiffs submitted as Exhibit C to their Second Motion for Preliminary Injunction the Secretary of State NEWS for June 23, 2006. In that document, the Secretary of State’s Office indicated that nearly one-fourth of all registered voters aged sixty-five or over did not have a driver’s license or Georgia ID card, and that 33.2 percent of African-American registered voters over age sixty-five did not have a license or Georgia ID. Nearly three-fourths of the voters who lacked driver’s licenses or Georgia ID cards were on the active voter roll, meaning that they had voted during the last two election cycles. Although African-Americans comprised 27.8 percent of the voter roll, they represented 35.6 percent of those lacking a driver’s license or Georgia ID card.
Plaintiffs attached an April 2, 2005, article from the Atlanta Journal-Constitution titled, “Voter ID Bill Likely to Be Law,” as Exhibit G to their Second Motion for Preliminary Injunction. The article states that Governor Perdue estimated that 300,-000 Georgians 18 or over did not have a driver’s license or Photo ID.
Plaintiffs attached as Exhibit I to their Second Motion for Preliminary Injunction a June 30, 2006, article from the Atlanta Journal-Constitution titled, “Voter ID Cards Can Be Issued.” That article states, in relevant part:
The Election Board also agreed to spend $211,00 on a voter education campaign. The money will go toward running 30-second radio spots before and after the July primary, creation of an informational brochure after the primary and the production of a two-page letter handed to voters at the polls in July after they vote — all aimed at telling voters to bring photo ID to cast a ballot.
David Worley, the Democratic appointee to the State Election Board, unsuccessfully tried to get the board to mail a letter to some 676,000 people the secretary of state’s office identified as registered voters having neither a driver’s license nor an identification card.
“It accomplishes nothing to hand it to them after voting on Election Day,” Worley said.
(Pis.’ Second Mot. Prelim. Inj. Ex. I.)
Plaintiffs attached as Exhibit J to their Second Motion for Prehminary Injunction the DOJ Section 5 Recommendation Memorandum dated August 25, 2005, concerning the 2005 Photo ID Act. That memorandum recommends denying preclearance to the 2005 Photo ID Act because the 2005 Photo ID Act would unduly burden minority voters.
3. Would-Be Voter Declarations Submitted by Plaintiffs
Plaintiffs have submitted a number of declarations from would-be voters who assert that the 2006 Photo ID Act will affect them. A number of the voters do not drive or cannot afford a car. (Deck of Annie Johnson ¶ 7; Second Deck of Eleanor Whittenburg ¶ 4; Deck of George Cliatt ¶ 7; Deck of Irene Laster ¶ 7; Deck of Larry Dewberry ¶ 7; Deck of Minnie Bridges ¶ 7; Deck of Pearl Kramer ¶ 6; Deck of Rosa Brown ¶ 7.)
Most of the voters do not have a driver’s license, passport, tribal Photo ID, or other form of government-issued ID because they have no need for one in their day-today lives. (A. Johnson Deck ¶¶ 4, 7; E. Whittenburg Second Deck ¶ 4; G. Cliatt Deck ¶¶4, 7; I. Laster Deck ¶¶4, 7; L. Dewberry Deck ¶¶ 4-7; M. Bridges Deck ¶¶ 4, 7; P. Kramer Deck ¶¶ 4, 6; R. Brown Deck ¶¶ 4, 7.) Quite a few of the voters are African-American. (A. Johnson Deck ¶ 5; G. Cliatt Deck ¶ 5; I. Laster Deck ¶ 5; L. Dewberry Deck ¶ 5; M. Bridges Deck ¶ 5; R. Brown Deck ¶ 5.) Many of the voters are over sixty-five years old. (A. Johnson Deck ¶ 1 (seventy-six years old); E. Whit-tenburg Second Deck ¶ 1 (will be eighty-five years old on her next birthday); G. Cliatt Deck ¶ 4 (seventy-four years old); I. Laster Deck ¶ 1 (eighty-eight years old); M. Bridges Deck ¶ 1 (eighty-six years old); P. Kramer Deck ¶ 1 (eighty-one years old); R. Brown Deck ¶ 1 (seventy-four years old).)
Several of the voters have physical or mental disabilities that make it difficult for them to travel to a registrar’s office or a DDS center, to walk for long distances, or to stand in line. (A. Johnson Deck ¶ 7 (has difficulty taking a bus or walking long distances); E. Whittenburg Second Deck ¶ 1 (legally blind and walks with assistance of a walker); G. Cliatt Deck ¶ 7 (poor health and cannot walk long distances); I. Laster Decl. ¶ 7 (arthritis); M. Bridges Deck ¶ 7 (diabetic and walks with assistance of a walker); P. Kramer Deck ¶ 6 (visual impairments); R. Brown Deck ¶ 7 (legally blind).) Others have to rely on family members or friends for transportation, or cannot obtain public transportation to a registrar’s office or DDS service center. (A. Johnson Deck ¶7; E. Whitten-berg Second Deck ¶ 1 (must rely on family for transportation; closest family member is thirty-five miles away); L. Dewberry Deck ¶ 7; M. Bridges Deck ¶ 7; P. Kramer Deck ¶ 6; R. Brown Deck ¶ 7.)
Many of the voters stated that the registrar’s offices in their respective counties were several miles from their respective polling places, or that they did not know where their respective registrar’s offices were located. (A. Johnson Deck ¶ 7; G. Cliatt Second Deck ¶7; I. Laster Deck ¶ 7; L. Dewberry Deck ¶ 7; M. Bridges Deck ¶ 7; P. Kramer Deck ¶ 6; R. Brown Deck ¶ 7.) A number of the voters expressed a preference for voting in person or a distrust of the absentee voting process. (A. Johnson Deck ¶ 10; Second Deck of Clara Williams ¶¶ 4-7; E. Whit-tenburg Second Deck ¶ 6; G. Cliatt Deck ¶ 10; I. Laster Deck ¶ 10; L. Dewberry Deck ¶ 10; M. Bridges Deck ¶ 10; P. Kramer Deck ¶ 9; R. Brown Deck ¶ 10.)
Another voter described problems that she and a group of individuals experienced when attempting to access the GLOW bus and in attempting to obtain information concerning the GLOW bus schedule. (Deck of Martina Robinson ¶¶ 4-13.)
4. Declarations of Politicians
Plaintiffs have submitted declarations from Dubose Porter and Tyrone Brooks, Sr., Democratic members of the Georgia House of Representatives, and Sam Za-marripa, a Democratic member of the Georgia Senate. (Deck of Dubose Porter ¶ 2; Deck of Tyrone Brooks, Sr. ¶ 2; Deck of Sam Zamarripa ¶ 2.) According to Representative Porter and Senator Zamarripa, political motivations inspired the passage of the 2006 Photo ID Act, which was passed in response to the Court’s October 18, 2005, Order enjoining the 2005 Photo ID Act. (D. Porter Deck ¶¶ 3-4; S. Zamar-ripa Deck ¶¶ 3-4.) Representative Porter and Senator Zamarripa contend that the legislature passed the 2006 Photo ID Act in an extremely partisan manner. (D. Porter Deck ¶¶ 6-8; S. Zamarripa Deck ¶¶ 8-12.)
Representative Brooks states that voters have expressed distrust of absentee voting, noting that their ballots may not be counted and that their ballots may not be handled in a way that will protect the secrecy of their votes. (T. Brooks Deck ¶ 3.) Representative Brooks believes that those concerns discourage voters from using absentee voting. (Id.)
5. Declarations from Jennifer Owens
Jennifer Owens is the Executive Director of the League of Women Voters of Georgia. (Deck of Jennifer Owens IT 2; Second Deck of Jennifer Owens ¶ 2.) Her responsibilities include serving as a registered lobbyist for the League of Women Voters; working on voting rights and voter education issues at the Georgia General Assembly. (J. Owens First Deck ¶2; J. Owens Second Deck ¶2.) She served in that capacity during the 2006 General Assembly session. (J. Owens First Deck ¶ 2; J. Owens Second Deck ¶ 2.) She also monitors the proceedings of the State Election Board. (J. Owens First Deck ¶ 2; J. Owens Second Deck ¶ 2.)
Ms. Owens attended the State Election Board meetings held on September 26, 2005, October 4, 2005, October 21, 2005, December 14, 2005, January 18, 2006, January 31, 2006, March 8, 2006, March 20, 2006, May 17, 2003, June 22, 2006, June 19, 2006, and June 29, 2006. (J. Owens First Decl. ¶ 3; J. Owens Second Decl. ¶ 3.) Ms. Owens observed all proceedings at those meetings other than those proceedings held in closed-door executive sessions. (J. Owens First Decl. ¶ 3; J. Owens Second Decl. ¶ 3.) Ms. Owens does not recall any discussion of a specific case or matter relating to in-person fraudulent voting, or any specific discussion of facts or circumstances that might give rise to such a case or matter. (J. Owens First Decl. ¶ 3; J. Owens Second Decl. ¶ 3.) Instead, the majority of cases brought before the State Election Board related to fraud in absentee voting and in voter registration. (J. Owens First Decl. ¶ 3; J. Owens Second Decl. ¶ 3.)
Based on her experience, Ms. Owens believes that efforts relating to educating voters about SB 84 should be substantial and will require a significant amount of time. (J. Owens First Decl. ¶ 4.) Ms. Owens believes that the current education efforts are insufficient. (Id. ¶ 5.)
According to Ms. Owens, the State plans to educate voters by handing voters a letter describing the 2006 Photo ID Act’s requirements after the voters arrive at the polls, and purchasing radio spots on a network. (J. Owens Second Decl. ¶4.) The radio network only reaches 900,000 adults, not all of whom live in Georgia. (Id.) The board rejected other educational proposals and voted not to spend all of the money that the legislature had appropriated for public education. (Id.)
According to Ms. Owens, the State Election Board discussed several educational proposals at its June 29, 2006, meeting. (J. Owens Second Decl. ¶ 5.) The Board rejected a mailing to the potential 675,000 individuals identified by the Secretary of State’s office as lacking a Georgia driver’s license or State-issued Photo ID card. (Id.) The Board reasoned that the list of such voters was questionable, and that mailing an education piece to those voters would validate the accuracy of the list. (Id.)
The State Election Board also approved a plan to purchase radio advertisements about the 2006 Photo ID Act’s Photo ID requirement through an existing State contract. (J. Owens Second Decl. ¶ 6.) The contract includes approximately 100 radio stations; however, the contractor informed the Board that the stations have a combined estimated listener base of 900,-000 adults, including listeners in Alabama, Florida, South Carolina, and Tennessee. (Id.)
The legislature appropriated approximately $211,000 specifically for voter education. (J. Owens Second Decl. ¶ 7.) The legislature allocated a separate equipment budget of over $1 million to cover the cost of purchasing and implementing the machines in each county. (Id.) According to Ms. Owens, on June 19, 2006, $38,965 was moved from the education budget to cover additional costs associated with the purchase of the equipment. (Id.) Ms. Owens further states that the estimated cost of the letters to be distributed to precincts on Election Day Is $53,869, plus an additional $3,000 in costs for purchasing and shipping paper to counties outside the Atlanta metropolitan area to allow those counties to make their own copies of the letter. (Id.)
6. Declaration of Ron Hockensmith
Ron Hockensmith is the chief librarian for Bondurant, Mixon and Elmore, LLP. (Decl. of Ron Hockensmith ¶ 2.) On May 31, 2006, the law firm requested documents from the Georgia Department of Administrative Services (“DOAS”) regarding the bid proposals and contract for providing the equipment necessary to issue the voter ID cards. (Id. ¶ 8 & Ex. 1.) In response to that request, DOAS provided the law firm with a CD-ROM containing electronic copies of the contract and bid proposal. (Id. ¶ 4 & Ex. 2.)
Exhibit 3 to Mr. Hockensmith’s Declaration consists of excerpts from the contract between The Police and Sheriffs Press, Inc. and the State Election Board for the Voter ID card equipment. (R. Hocken-smith Decl. ¶ 5 & Ex. 3.) Exhibit 4 to Mr. Hockensmith’s Declaration consists of excerpts from The Police and Sheriffs Press, Inc.’s response to DOAS’s request for proposals. (Id. ¶ 6 & Ex. 4.)
On May 21, 2006, the law firm requested documents relating to the study