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Georgia Court Ruling Limits Cobb County Absentee Ballot Counting

 November 5, 2024

The Georgia Supreme Court ruled Monday that absentee ballots in Cobb County must be received by Election Day to be counted, reversing a prior decision that had extended the deadline to Nov. 8 due to mailing delays.

This decision marks a legal victory for the Republican National Committee (RNC), which argued for stricter adherence to Election Day deadlines, as Fox News reports.

Late Ballots Spur Legal Challenge in Cobb County

The dispute began when approximately 3,000 absentee ballots in Cobb County were sent to voters later than anticipated.

In response, a county judge initially extended the deadline for ballot receipt, permitting these ballots to be counted if they arrived by 5 p.m. on Nov. 8, provided they were postmarked by Nov. 5.

The extended deadline aimed to give voters more time, addressing delays caused by the mailing issue. However, the RNC filed a legal challenge, contending that the change undermined the principle of Election Day as the final cutoff for ballot receipt.

On Monday, the Georgia Supreme Court responded to an emergency motion on the matter, mandating that absentee ballots be received by 7 p.m. on Nov. 5 -- Election Day. This ruling effectively blocked the lower court's extension.

RNC Celebrates the Decision as a Victory

RNC chair Michael Whatley praised the court’s decision on social media, framing it as a triumph for “election integrity.” Whatley asserted that the ruling aligned with the RNC’s position that ballots should only be counted if they are received on or before Election Day.

“HUGE election integrity victory in Georgia,” Whatley posted on X, the social media platform formerly known as Twitter. He expressed satisfaction that the RNC’s challenge had succeeded, reiterating, “Election Day is Election Day -- not the week after.”

Whatley’s statement underscored the RNC’s belief that the decision reinforced clarity around ballot deadlines. He also pledged continued efforts by the RNC to uphold similar standards in future elections.

ACLU Criticizes Impact on Cobb County Voters

The American Civil Liberties Union (ACLU) expressed disappointment with the ruling, pointing out its belief that the decision could disenfranchise Cobb County voters who may not receive their ballots in time to meet the new cutoff. According to the ACLU, the initial extension had been intended to protect voters who were delayed in receiving their absentee ballots through no fault of their own.

In a statement, the ACLU argued that the Georgia Supreme Court’s decision overturned a necessary measure that safeguarded voter access in light of the mailing delays. “This afternoon, the Georgia Supreme Court denied relief for Cobb County voters who requested absentee ballots on time but did not receive them on time due to the county’s failure to mail them promptly,” the statement read.

The organization emphasized that the lower court’s deadline extension was meant to preserve these voters’ constitutional rights, allowing their votes to be counted despite unexpected mailing issues.

State Supreme Court Order Enforces Election Day Deadline

The Georgia Supreme Court’s order referenced the statutory deadline set forth by OCGA § 21-2-386, requiring that all absentee ballots be received by 7 p.m. on Election Day to be considered valid. The court’s order reinforced that Cobb County must comply with this deadline and count only those ballots received on or before the cutoff.

This ruling aligns with Georgia’s broader election laws, which emphasize the importance of deadlines to ensure timely ballot processing. The court’s decision overrode the lower court’s extension, underscoring a strict interpretation of the deadline to minimize procedural flexibility.

The RNC argued that setting a firm Election Day deadline maintains electoral consistency, while the ACLU and other advocacy groups view it as potentially restrictive in cases where voters face unforeseen delays.

Continuing Debate Over Absentee Ballot Deadlines

This decision highlights an ongoing debate around absentee ballot policies and election security in Georgia and nationwide. Proponents of firm deadlines argue that they prevent confusion and ensure prompt ballot tabulation, while opponents argue that they can unintentionally limit access for voters who encounter unexpected obstacles, such as mailing delays.

The ruling will likely shape how absentee ballot deadlines are handled in future Georgia elections. As a key battleground state, Georgia’s election policies continue to draw significant attention from national political organizations on both sides of the aisle.

For now, the Georgia Supreme Court’s decision sets a clear standard for Election Day in Cobb County. Whether the ruling will impact overall voter participation remains to be seen, but the debate around absentee ballot deadlines and voting access is sure to continue.