A federal appeals court has reinstated a ban on distributing food and drink to voters waiting in line at polling places in Georgia. The decision, issued by the Eleventh Circuit Court of Appeals in Atlanta, overturned a preliminary injunction that had previously prevented the enforcement of this ban, originally enacted as part of a broader electoral reform bill.
In a ruling on December 1, 2025, the three-judge panel determined that recent legal developments, particularly a U.S. Supreme Court decision from the previous year, significantly altered the legal framework surrounding such regulations. The Supreme Court’s ruling in the case of Moody v. NetChoice, LLC indicated that lower courts had not adequately evaluated whether state restrictions on content moderation, particularly regarding social media, violated the First Amendment. The appellate court concluded that the same reasoning applies to regulations governing elections, emphasizing that the district court had not conducted the necessary analysis of the law’s constitutional implications.
The original ban, part of Senate Bill 202 passed by the Republican-controlled General Assembly in 2021, was introduced in the wake of claims from former President Donald Trump that the 2020 election had been compromised. This legislation included various changes to absentee voting and other electoral processes, but the prohibition on providing “any money or gifts, including, but not limited to, food and drink” to voters garnered national attention. Civil rights organizations challenged the ban, arguing it posed an unjust barrier to voting.
The U.S. Department of Justice, during the administration of President Joe Biden, filed a lawsuit asserting that the law discriminated against Black voters, contravening the Voting Rights Act of 1965. However, following the start of Trump’s second term and the appointment of Pam Bondi as U.S. Attorney General, the Justice Department was instructed to withdraw the lawsuit in March.
The recent ruling by the Eleventh Circuit returns the matter to the U.S. District Court for the Northern District of Georgia. Judge J.P. Boulee will continue to oversee the lawsuits and motions related to the 2021 law, as the legal battle surrounding voter access and electoral integrity in Georgia unfolds.
Georgia Secretary of State Brad Raffensperger expressed support for the court’s decision, stating, “This reinforces a simple truth: Georgia has the right and the responsibility to shield voters from influence and interference at the polls.” This ruling marks a pivotal moment in the ongoing discussions about voting rights and regulations across the United States.
