SUMMARY OF ARGUMENT
Georgia enacted the Election Integrity Act of 2021 (SB 202) in March 2021 in the aftermath of 2020 election controversies. Defendants moved their All-Star Game from Atlanta shortly thereafter, alleging that SB 202 violates voting rights.
SB 202’s provisions are fully consistent with voting rights. Heated controversies persist over how the 2020 election unfolded in Georgia. The Constitution permits States to enact reasonable regulatory measures in elections to ensure those elections are fair and free. Such measures are essential to public confidence in election results, and the Supreme Court has specifically upheld voter ID requirements as one such permissible measure. Defendants never delve into the specific provisions of SB 202 when announcing their opposition, nor explain how those provisions are anything other than commonplace election regulations. The Constitution affords States the latitude to choose effective measures to accomplish its important objective of conducting successful elections.
Indeed, statutory provisions such as those in SB 202 are vital to election integrity. Free and honest elections, where citizens can cast effectual ballots—are foundational to America’s constitutional government. Anything that dilutes or otherwise debases lawful ballots derogates that principle, and corrodes public confidence. Provisions in SB 202, including but not limited to voter ID, are measures designed to detect and prevent fraud or other election irregularities.
It is especially unfortunate that opposition to SB 202 is being driven by Defendants, given that they are a for-profit business that has nothing to do with elections. Defendants are part of the sports entertainment industry, whose foremost concern should be the financial success of their business. Wading into this political and legal controversy—and taking the incorrect side of the legal dispute—does not advance that corporate mission. Not only does Defendants’ involvement here hurt their business, it also potentially violates their legal obligations to their stakeholders by dividing the business’s customer base. Moreover, it hurts the very community Defendants claim to be supporting: the majority-black population and business community of Atlanta.
For all these reasons, the court should order Defendants to reverse their business decision and move the All-Star Game back to Atlanta, Georgia.