State law allows new residents to register to vote with county officials by Dec. 7. It also makes it a felony to vote if you are in the state briefly with the intention to move away.
Clark and other critics say it opens the possibility for a wave of out-of-state residents to move to Georgia for the dual runoffs, which pit U.S. Sen. David Perdue against Jon Ossoff and U.S. Sen. Kelly Loeffler against the Rev. Raphael Warnock.
There’s no evidence of a crush of out-of-state residents moving to Georgia for the election, though former presidential candidate Andrew Yang announced he would move to the state for the runoffs and encouraged his supporters to follow him. It’s not clear if Yang intends to register to vote.
Kemp had earlier announced a special session to fix a legal problem in a Hurricane Michael relief measure, though he also pointedly added at the time that he could direct lawmakers to also tackle “budgetary and oversight issues.” The timing of that session is still uncertain.
There’s still a chance that rank-and-file lawmakers could force a ballot access debate this year: State officials note that legislators can bring themselves in for a special session with a three-fifths vote. But it’s seen as highly unlikely since it requires a significant number of Democratic support.
Anthony Kreis, a constitutional law professor at Georgia State University, said any effort to change voting laws at this stage would have been soundly rejected by the judicial system.
“Let’s be clear,” he said. “Calls for the Georgia General Assembly to be convened in a special session for the purpose of altering absentee rules to suppress the vote are grotesquely un-democratic, an abuse of power and a constitutionally suspect form of racial discrimination.”