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Publication Date

5-2012

Document Type

Casenote

Abstract

In Democratic Party of Georgia, Inc. v. Perdue, the Georgia Supreme Court declared constitutional the Voter Identification Act of 2006 (2006 Act), insofar as it required registered Georgia voters to present valid photo identification at the polls when voting in person in any Georgia election. The 2006 Act was the most recent amendment in a series of iterations of section 21-2-417 of the Official Code of Georgia Annotated (O.C.G.A.)-the provision of the Georgia code imposing certain polling requirements for in-person voting. Each version of the law has generated much controversy as to polling and voting requirements in Georgia, and the law has been challenged in both federal and state court for perceived violations of both the United States and Georgia constitutions.In Perdue, however, the Georgia Supreme Court, in a 6-1 opinion, declared the law constitutional under the Georgia Constitution, holding that the state had an important regulatory interest in preventing fraud at the polls, and the reasonable, non-discriminatory regulations passed constitutional muster. Interestingly, the court ruled in favor of the state despite a lack of an actual showing of fraud in support of the photo ID law.

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