Fact Check: Will Georgia Bill Make it a Crime to Give Food and Drinks to Voters?

The discussion over election reform is sweeping across the country and permeating through the public sphere all the way up to the highest levels of government.

In Georgia, new House Bill 531 passed through the state House of Representatives on Monday. It would enforce new voting restrictions and has sparked controversy while it awaits a state Senate vote.

The Claim

Social media users have expressed outrage over a certain rule in Georgia's new election reform bill.

Attorney Walter Shaub, the former director of the U.S. Office of Government Ethics, tweeted Tuesday that: "Georgia's bill would make it a crime to give free food or water to voters standing in line for hours and hours," in a post that received more than 1,000 likes and 600 retweets.

Georgia’s bill would make it a crime to give free food or water to voters standing in line for hours and hours. But we know who these politicians force to stand in line all day long. I’ve never once stood in line for even five minutes where I get to vote. This racism is thorough.

— Walter Shaub (@waltshaub) March 2, 2021

Many users posted similar tweets.

"New voting restriction bill that passed the Georgia House makes it a misdemeanor to give food or water to people waiting in line to vote. The same Georgia that makes some people wait 10+ hours in line to vote..."

New voting restriction bill that passed the Georgia House makes it a misdemeanor to give food or water to people waiting in line to vote. The same Georgia that makes some people wait 10+ hours in line to vote...

— Mike Brand (@miketheidealist) March 4, 2021

The Facts

The purpose of Georgia's 66-page HB 531 is to amend Chapter 2 of Title 21 of the Georgia Code that pertains to elections and primaries.

"So as to provide that no election superintendents or boards of registrars shall accept private funding; to provide for related matters; to repeal conflicting laws; and for other purposes," the summary of the bill states.

It passed through Georgia's House of Representatives with a vote of 97-72.

On Page 51, a section prohibits giving free food or drinks to voters waiting in line, among other restrictions. Doing so, would result in a misdemeanor.

If this bill passes and is signed into law, the section would modify Georgia Code Section 21-2-414, "relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, cellular phone use prohibited, prohibition of candidates from entering certain polling places, and penalty," according to the bill.

"No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign material, nor shall any person give, offer to give, or participate in the giving of any money or gifts, including, but not limited to, food and drink, to an elector," the bill states.

Then, the section continues to specify the guidelines for the rules mentioned.

Ultimately, food and drinks cannot be given to voters "within 150 feet of the outer edge of any building within which a polling place is established, within any polling place, or within 25 feet of any voter standing in line to vote at any polling place," according to the bill.

"These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors."

Since this area of the bill seeks to modify Georgia Code section 21-2-414, which states that a violation of the section would result in a misdemeanor, the penalty would apply to the new modifications if they go into law.

The bill has been referred to the Georgia State Senate. It has to go through the Senate Ethics Committee and then the Rules Committee before going to the state Senate floor, a spokesperson for the Georgia State Senate told Newsweek on Thursday.

The spokesperson said that it is unknown when the bill would be voted on by the Senate.

HB 531 does not specify whether the selling of food or drinks to voters is prohibited. Newsweek reached out to the Georgia secretary of state's office.

The Ruling

True.

Georgia's House of Representatives passed HB 531 on Monday. The bill would make it a crime to give free food and drinks to voters. If that rule is violated and enforced, it could result in a misdemeanor charge.

The bill now moves to the state Senate.

Georgia election legislation
Voting rights organizations are speaking out against HB 531, a proposed bill that critics worry would limit access to early voting in Georgia. In the photo above, voters head to the polls at the Neighborhood Church polling station in Candler Park, Atlanta, during the Georgia Senate runoff elections on January 5, 2021. VIRGINIE KIPPELEN/AFP via Getty Images