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Georgia Supreme Court halts Cobb County extension of absentee ballot deadline

By FOX 5 Atlanta Digital Team
Updated  November 4, 2024 5:19pm EST
2024 Election
FOX 5 Atlanta

Cobb County may not count thousands of absentee ballots

Thousands of voters who requested absentee ballots in Cobb County may not have their votes quotes. The Georgia Supreme Court stayed a lower court's decision to extend the deadline for the return of more then 3,000 absentee ballots.

The Brief

    • The Georgia Supreme Court has overturned a lower court’s decision to extend the absentee ballot acceptance deadline after equipment issues and high application volumes.
    • The Republican National Committee and Georgia Republican Party's lawsuit led to the reversal of the extended deadline by the state’s highest court, with a split amongst justices in the decision.
    • Cobb County Elections Department processed around 3,200 absentee ballot applications late and sent them with prepaid express return envelopes, due to demand and technical issues.
    • Absentee ballots postmarked by Election Day and received by November 8 will be kept separate and secure, as directed by the Georgia Supreme Court, but they will not be counted until the court issues further notice.
    • The Supreme Court ordered the notification of affected voters regarding absentee ballot deadlines and specified that the order does not extend to uniformed and overseas voters protected by federal law. Voters may still vote in person if they are concerned about absentee ballot delays.

ATLANTA - The Georgia Supreme Court has stayed the current deadline to accept absentee ballots, following delays attributed to an equipment failure and a surge in last-minute applications.

The Republican National Committee and the Georgia Republican Party filed a lawsuit seeking to reverse that decision through the state’s highest court. While the court has not ruled directly on whether the ballots would be accepted, it did say any late ballot cannot be counted and must be set aside until a further ruling.

"All justices agreed with the order except Chief Justice Boggs and Justices Ellington and Colvin, who dissented, while Presiding Justice Peterson was disqualified from the case," the ruling read.

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Cobb County scrambles to get absente ballots out

Cobb County election officials received a surge in last-minute absentee ballots which now has them scrambling to get them delivered.

"The Cobb County Board of Elections is aware of and will comply with the Georgia Supreme Court’s order granting a stay," said Board of Elections and Registration Chairwoman Tori Silas. "However, because the order only addressed to the motion for a stay, we will anticipate the Supreme Court’s final ruling to see whether it ultimately allow these voters additional time to return their ballots or whether we must only count those received by the close of polls on Tuesday."

The Cobb County Elections Department announced that approximately 3,200 absentee ballot applications were processed late due to a spike in requests before last Friday’s deadline and technical problems. The department sends these ballots via next-day mail or delivery, including prepaid express return envelopes.

Cobb County Superior Court Senior Judge Robert Flournoy approved an order on Thursday, supported by four members of the Board of Elections and Registration and proposed by attorneys representing three voters affected by the issue.

Under Judge Flournoy’s order, absentee ballots mailed after Oct. 30 will be counted if they are received by 5 p.m. on Friday, Nov. 8, and postmarked by 7 p.m. on Election Day, Nov. 5. The ruling is intended to protect the voting rights of those impacted by the delays.

The Georgia Supreme Court ruled that any ballot received by 7 p.m. on Election Day can be counted, but any ballots received after the deadline through 5 p.m. on Nov. 8, must be kept separately and securely, but not destroyed, until further notice from the court. Those late ballots would not immediately be counted.

The Supreme Court’s order also directs affected voters to be informed of the deadline for returning their absentee ballots through email, text messages, and a public announcement on the Cobb County Board of Elections' website. This order applies only to the specific group of "Affected Voters" identified in a trial court order from Nov. 1 and does not affect voters covered by federal laws for uniformed and overseas voters.

Cobb County election officials say voters who requested an absentee ballot but are concerned it will not arrive on time can still vote in person at their assigned precinct on Tuesday. To find their precinct, voters can visit the state’s My Voter Page.

The original ruling extending the deadline stemmed from a lawsuit filed by the American Civil Liberties Union and the Southern Poverty Law Center on behalf of three Cobb County voters who said they had not received absentee ballots by mail as of Friday.

The Source: The Supreme Court of Georgia court records and Cobb County Superior Court records provide the basis for this story. The Cobb County Board of Elections provided a statement reacting to the new developments. Previous FOX 5 Atlanta reporting and The Associated Press details.