Less than a week after a judge struck down Georgia's photo ID requirement for voters because it violated the state Constitution, nearly 200,000 letters — not the originally reported 20,000 — were sent out to registered voters, notifying them they may not have a valid driver's license or state-issued photo ID.

Photo ID is not required to vote Nov. 7. A state judge ruled Sept. 19 that Georgia's voter ID law violated the state Constitution.

David Worley, a Democratic appointee to the State Election Board, is threatening to file a complaint with the U.S. Justice Department, charging the board with voter suppression for mailing the letters after the law was struck down.

The letter suggests that if a voter does not have a photo ID, they will not be allowed to vote on Election Day.

"Essentially, this is a taxpayer-funded voter suppression effort by the Republicans and a willful violation of the court's order," Worley said. "I think it is a violation of the Voting Rights Act, and I intend to take whatever legal action is available, including filing a complaint with the Justice Department. This shows the lengths to which Republicans are willing to go to stay in power."

The "Dear Georgia Voter" letter was part of a voter education campaign designed to remind voters about the January legislation that required voters to show one of six forms of government-issued photo identification at the polls. Worley said that in early September the State Election Board voted to send out 300,000 letters to Georgians who were on the voter registration list but who did not have a driver's license.

Tex McIver, the vice chair of the election board who authorized the $55,000 mailing of the letters, said the board was only acting on an earlier order by U.S. District Judge Harold L. Murphy to educate the public about changes in Georgia voting law.

But Worley said letters should not have been sent out after the law was struck down in state court.

"I think it was necessary to send out the letter, but once the judge issued his order [voiding the law], that necessity evaporated," Worley said. "At that point, sending out the letters was intentionally misinforming the voters. "

Worley said that at a Sept. 22 State Election Board meeting, he asked if the letters had been mailed.

"The vice chair said that at the time the order came down on the 19th, all but 20,000 of the letters had gone out," Worley said.

But according to a printing and postal delivery schedule provided on Wednesday by the State Elections Division of the Secretary of State's office, there were 79,496 letters delivered to the post office for mailing on Sept. 20 and another 115,747 sent on Sept. 25.

McIver said that he was told by staffers that only 20,000 letters had not been mailed and authorized that final batch to be sent after the Sept. 19 ruling. He said had he known that nearly 200,000 letters had not been sent, he would have still authorized the shipment.

"It doesn't change my opinion at all. I am under a federal order to educate these voters and that is what we were doing," McIver said of the letters mailed after the ruling.

"[Worley's] complaints were that this was adding to voter confusion, but everything we did was to prevent confusion," McIver said. "The letter should not confuse anybody. In it, we said that if you don't have a driver's license, go get a free one. That letter never said you can't use the 17 forms [of ID to vote]. It did say get a free ID. It also said you can vote absentee. It was not confusing."

But Jennifer Owens, executive director of the League of Women Voters of Georgia, isn't buying it. She said she has fielded several calls from confused voters and her office is in the process of mobilizing grass-roots efforts to meet with potential voters around the state to educate them on the voting process.

"From where we are sitting, this is one of the worst things that could happen as far as voter confusion," Owens said. "It certainly sends quite a clear message to those voters that they might have to show a driver's license. And if they are not paying attention to court rulings, they are not sure what they are gonna do. It raises red flags."

Carolyn Gray said her 90-year-old mother, Corrie Gray, received one of the letters.

Corrie Gray, who is black, has been voting for decades in Temple with a voter registration card and other forms of ID. She has never had a driver's license.

"She gets this letter, that she does not have photo ID. I knew that the photo ID had been blocked, so I was wondering why is this coming to her, when we know, it is not required," said Carolyn Gray. "If I had not been paying attention, I would have been running around trying to get her a photo ID. For her and a lot of elderly black folks, getting a photo idea is hell on wheels."

Worley said that he was going to ask Secretary of State Cathy Cox — who chairs the State Election Board — to call an emergency meeting next week.

Chris Riggall, Cox's spokesman said it is unprecedented that the elections board would have sent out the letters, since traditionally it was the job of the election division of the Secretary of State's Office. The General Assembly put the elections board — which is majority Republican — in charge of informing voters of the changes in voting law, Riggall said.

"There is a majority on the election board, which [Cox] is not in, that has made sure that Tex [McIver] would be the point person and the board has directed the elections division to stay out of this project," Riggall said. "It has been a situation in which the board, under Mr. McIver's leadership, has undertaken this and they have called the shots."

McIver said sending the letters after the judge's ruling has been helpful.

"By continuing to mail them, it helps me refine that list," said McIver, adding that several people have responded to the letters telling the state that they do have driver's licenses. "This was a way of building a better, cleaner, smarter, more accurate list."

Current law, which will be in effect for the Nov. 7 elections, allows voters to show one of 17 forms of identification, including some non-photo ID such as a utility bill or Social Security card. It also allows voters to sign a statement swearing to their identity if they can't produce identification.

Election board letter

Dear Georgia Voter,

You are receiving this letter from the State Election Board because your name appears on a list of registered voters who may not have a driver?s license or photo ID card from the Georgia Department of Driver Services (DDS).

If you DO have a Georgia driver?s license or an unexpired photo ID from DDS, we ask that you contact your county Voter Registrar?s office and let them know. You do NOT need to do anything else.

If you DO NOT have a Georgia driver?s license or an unexpired photo ID from DDS you can receive a FREE Georgia Voter Identification Card at your local Voter Registrar?s office in the county where you live.

You do not need a FREE Georgia Voter Identification Card to vote IN PERSON, if you have ANY of the following so long as it is valid and contains your photograph:

• a U.S. military identification card;

• a state or federal employee identification card;

• a U.S. Passport; a tribal identification card; OR,

• a photo identification card issued by any branch, department, agency, or entity of Georgia, any other state, or the United States.

All Georgia voters can vote ABSENTEE BY MAIL. You do NOT have to have any excuse and you do NOT need a photo ID.

For more information or if you have any questions, call your county Voter Registrar?s office; or visit www.sos.state.ga.us to get more information on how to get a FREE Voter Identification Card.

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