In a pivotal legal decision, the Georgia Supreme Court has ruled against counting late-arriving absentee ballots from Cobb County.
The Hill reported that the court decided that ballots sent late and arriving post-Election Day must be set aside pending additional litigation.
The controversy began when a Cobb County judge extended the absentee ballot deadline to Friday at 5 p.m. for ballots delayed in dispatch. This extension was meant to align with the deadline for uniformed and overseas voters, provided the ballots were postmarked by Election Day.
However, this extension was challenged by the Republican National Committee and the Georgia Republican Party. They argued that the judge’s decision contradicted state laws mandating that all absentee ballots be returned by 7 p.m. on Election Day.
The state’s highest court responded by ordering that the late ballots be set aside if not returned by the Election Day deadline, with further hearings to decide their fate.
The legal teams representing the state and national Republicans highlighted the importance of adhering to legislatively set deadlines, emphasizing that the extension was unwarranted.
Lawyers for the Republicans contended that there is no constitutional right to vote by mail in Georgia, urging voters to either vote in person or hand-deliver their absentee ballots.
"The Plaintiffs claim a burden on their right to vote, but the Georgia Constitution does not guarantee a right to vote by mail. Voters still have many options to vote, including by voting in person or delivering their absentee ballots in person," the Republican lawyers argued in court.
On the other side, the American Civil Liberties Union of Georgia, representing three voters affected by the delayed ballots, originally brought the lawsuit that led to the temporary deadline extension.
The ACLU has been actively advising those affected to ensure their votes count by voting in person or using expedited delivery methods. "If neither is an option, we urge voters to immediately send their ballot back to the county via overnight delivery, if possible.
Only as a last resort, should voters simply mail their ballots," stated the ACLU in a press release.
Following the court’s decision, the Cobb County Board of Elections and Registration was instructed to notify affected voters of the new deadline through email, text, and website announcements.
This ruling does not impact absentee ballots under federal law for overseas and uniformed voters, which have a different set of guidelines for submission.
The decision holds significant weight in Cobb County, a key battleground where President Biden secured a notable victory over former President Trump in the 2020 elections.
Three of the nine justices on the panel dissented from the majority decision, and one justice was disqualified from participating in the case, highlighting the contentious nature of the ruling.
The final outcomes of this litigation and its effects on the election results in Cobb County remain to be seen as further proceedings continue.
