Georgia Supreme Court halts Cobb County extension of absentee ballot deadline

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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“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.