A federal appeals court has reinstated a significant ban on providing food and drink to voters waiting in line at polling places in Georgia. The Eleventh Circuit Court of Appeals in Atlanta made this ruling on December 1, 2025, rescinding a preliminary injunction that had previously prevented the enforcement of this ban. This decision signals a shift in the legal landscape surrounding election regulations in the state.
The court’s ruling overturned a decision by the U.S. District Court for the Northern District of Georgia, which had blocked the state’s prohibition on distributing “gifts” near polling locations. The three-judge panel determined that a ruling from the U.S. Supreme Court last year had implications for this case. In that ruling regarding Moody v. NetChoice, LLC, the Supreme Court stated that lower courts needed to conduct a more thorough analysis of state regulations and their impact on constitutional rights.
The Eleventh Circuit’s opinion emphasized that the district court had not adequately assessed the full scope of the regulation. The panel noted that the previous analysis did not consider the constitutional ramifications versus unconstitutional applications of the law.
Georgia’s Secretary of State Brad Raffensperger, a Republican and gubernatorial candidate, praised the ruling. He stated that it “reinforces a simple truth: Georgia has the right and the responsibility to shield voters from influence and interference at the polls.” This remark underscores the state’s commitment to maintaining election integrity.
The ban was enacted as part of Senate Bill 202, which was passed by the GOP-controlled General Assembly in 2021. This legislation emerged following allegations from former President Donald Trump that the 2020 election had been compromised. While the bill included various changes to absentee voting and election procedures, the specific prohibition on providing voters with “any money or gifts, including, but not limited to, food and drink” gained considerable national attention.
Civil rights organizations responded by filing lawsuits against the ban, arguing that it serves as a barrier to voting. The U.S. Department of Justice, under President Joe Biden, also joined the legal battle, contending that the law violated the Voting Rights Act of 1965 by disproportionately affecting Black voters.
In a significant turn of events, following the inauguration of Donald Trump for a second term, new U.S. Attorney General Pam Bondi issued an order in March 2025 to withdraw the Justice Department’s lawsuit against the state.
With the appeals court’s decision, the case will return to the district court in Atlanta, where U.S. District Judge J.P. Boulee has been managing various legal challenges related to the 2021 law. This development marks a critical point in the ongoing debate over voting regulations in Georgia, with implications for future elections and voter access.
