Georgia Supreme Court Allows Counting of Late Ballots

Georgia Supreme Court Allows Counting of Late Ballots \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ In Cobb County, Georgia, 3,400 voters received their absentee ballots late. While Georgia law typically mandates absentee ballots to be received by Election Day, a court ruled an extension allowing ballots postmarked by Election Day to be accepted until Friday. After an appeal by the GOP was withdrawn, the ruling was upheld by the Georgia Supreme Court.

Georgia Absentee Ballot Ruling Quick Looks:

• Delay in Cobb County: Administrative issues caused a delay in mailing absentee ballots to over 3,400 voters.
• Georgia Voting Law: Absentee ballots typically must be received by the close of polls on Election Day.
• Court Ruling: A lower court allowed late ballots to be counted if postmarked by Tuesday and received by Friday.
• Supreme Court’s Stay: Temporarily stopped the lower court’s order, mandating ballots be received by Election Day.
• Republican Appeal: The GOP challenged the lower court’s ruling, aiming to uphold existing election laws.
• Appeal Withdrawn: The Republican National Committee and Georgia Republican Party withdrew their appeal, leading to the lifting of the stay.
• Outcome and Impact: Late-mailed absentee ballots will be included in the county’s official count if they meet the specified criteria, ensuring voters aren’t penalized for delays.

Deep Look:

Georgia’s Cobb County, just north of Atlanta, found itself at the center of a high-stakes legal battle over the treatment of absentee ballots delayed in mailing. This county, one of the state’s most populous areas, faced scrutiny after election officials failed to send out approximately 3,400 requested absentee ballots until late last week. This delay sparked concerns over voter disenfranchisement, especially given that Georgia election law dictates absentee ballots must be received by the close of polls on Election Day to be considered valid.

To address the issue, a lower court ruled that ballots affected by the delay could still be counted as long as they were postmarked by Election Day (Tuesday) and arrived by 5 p.m. on the following Friday. This ruling aimed to strike a balance between adhering to election law and ensuring that voters who followed procedures but experienced delays beyond their control could still have their voices heard.

However, this initial decision faced immediate opposition. The Republican National Committee (RNC) and the Georgia Republican Party swiftly filed an appeal, arguing that altering deadlines could undermine the integrity and consistency of election processes. In response to their appeal, the Georgia Supreme Court issued a stay, effectively pausing the lower court’s ruling. The Supreme Court mandated that county officials inform voters that, as per standard regulations, their absentee ballots would need to be received by the close of polls at 7 p.m. on Election Day.

This stay created uncertainty among voters and election officials, especially as Election Day approached. On the day following the elections, the Georgia Supreme Court revisited the case, asking the involved parties to clarify whether they intended to continue pursuing the appeal. In a significant turn of events, the RNC and the Georgia Republican Party decided to withdraw their challenge. This decision was pivotal, as it led the Georgia Supreme Court to lift the stay and reinstate the lower court’s ruling.

Consequently, absentee ballots that were mailed late but met the requirement of being postmarked by Tuesday and received by 5 p.m. on Friday would be included in the official election count. Election officials in Cobb County then moved to notify voters about the change, emphasizing transparency and clarity in the process. This outcome was seen as a necessary step to protect voters from being penalized due to administrative oversights.

The decision has implications that extend beyond just one election cycle in Cobb County. It underscores the ongoing debate over election security versus voter accessibility, a topic that has gained heightened importance, particularly with the increased use of mail-in voting nationwide. Advocates for voter rights have pointed to this case as an example of why flexibility is sometimes needed in election law to ensure fairness. They argue that voters should not be disenfranchised due to issues outside their control, such as administrative delays.

On the other hand, opponents of extending ballot deadlines caution against potential impacts on election integrity. They stress that established deadlines are crucial to maintaining consistency and trust in the electoral process. The resolution in Cobb County demonstrates how election officials and courts are often called upon to strike a delicate balance between these competing priorities.

This ruling could also serve as a reference for similar situations in the future, especially in states where mail-in voting plays a significant role. It sets a precedent that may influence how courts interpret absentee voting laws and deadlines when unforeseen issues arise. By allowing late-mailed but correctly postmarked ballots to count, the court’s decision ultimately aimed to uphold the principle that eligible voters should not be disenfranchised due to factors beyond their control.

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