Federal Appeals Court Restores Georgia Ban on Food and Water for Voters in Line

ATLANTA, GA — A federal appeals court has revived a controversial Georgia law banning the distribution of food and drinks to voters waiting in line, potentially affecting the state’s 2026 midterm elections.

The 11th U.S. Circuit Court of Appeals on Monday vacated a 2023 ruling that had temporarily blocked part of the measure and remanded the case to U.S. District Judge J.P. Boulee for reconsideration under a new legal standard set by the U.S. Supreme Court in 2024 (Moody v. NetChoice, LLC). The panel did not rule on whether the law is constitutional, but instructed the district court to conduct a detailed analysis of its impact on First Amendment rights.

The law, Senate Bill 202, passed in 2021 after former President Donald Trump’s narrow defeat in Georgia. It implemented sweeping changes to the state’s election rules, including: Shortening the window to request absentee ballots; Limiting ballot drop boxes; Strengthening voter ID requirements for absentee voting; and Criminalizing the distribution of food and drinks near polling places.

The measure drew national attention and criticism. Businesses like Coca-Cola and Delta Air Lines opposed it, Major League Baseball moved the 2021 All-Star Game out of Georgia, and pop culture even referenced it in an episode of Curb Your Enthusiasm. Critics called the ban “cruel and discriminatory,” particularly given the long wait times at polling places in metro Atlanta during the 2020 election. Advocates argued the law was necessary to prevent vote buying or undue influence at the polls.

In 2023, Judge Boulee temporarily blocked part of the law banning “line warming” within a 25-foot supplemental zone around voters, citing protections under the First Amendment, while upholding a 150-foot buffer zone around polling locations. The appeals court now says that ruling must be reconsidered using the Supreme Court’s Moody decision, which requires a thorough “facial challenge” analysis.

Georgia Secretary of State Brad Raffensperger praised the ruling, saying it underscores the state’s duty to “shield voters from influence and interference at the polls.” Gov. Brian Kemp’s office declined to comment due to ongoing litigation.

Cory Isaacson, legal director at the ACLU of Georgia, which represents plaintiffs challenging the law, said the organization remains committed to fighting the ban. “The 11th Circuit didn’t reach the merits of whether the law is unconstitutional,” she said. “We remain hopeful that what’s right and lawful will prevail, and that voters will once again have access to basic necessities while exercising their rights.”

The case remains pending in federal court, where Judge Boulee will now reevaluate the law in light of the new Supreme Court precedent.