Georgia absentee ballot ruling provides legal victory for RNC on eve of election

The Georgia Supreme Court ruled Monday that absentee ballots that were mailed late to voters in Cobb County will only be counted if they arrive back to election officials by Election Day, sparking GOP leadership to take a victory lap. 

“HUGE election integrity victory in Georgia. Democrat-run Cobb County wanted to accept 3,000 absentee ballots AFTER the Election Day deadline. We took this case to the Georgia Supreme Court,” RNC chair Michael Whatley posted to X on Monday. 

“We just got word that we WON the case. Election Day is Election Day – not the week after. We will keep fighting, keep winning, and keep sharing updates,” he added. 

Last week, it was revealed that about 3,000 absentee ballots were mailed late to voters in Cobb County, with just days to spare ahead of Election Day. A county judge ruled on Nov. 1 that the Cobb County Board of Elections could count the ballots if they arrived by 5 p.m. Nov. 8, and were postmarked by 7 p.m. Nov. 5.

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On Monday, the state’s Supreme Court granted an emergency motion ruling that ballots will only be counted if they are received by 7 p.m. Tuesday. 

“Consistent with OCGA § 21-2-386, the Cobb County Board of Elections and Registration (the ‘Board’) may count only those absentee ballots received by the statutory deadline of 7:00 p.m. on Election Day, November 5, 2024.” the order reads. 

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The ruling comes after the ACLU, ACLU of Georgia, and Southern Poverty Law Center filed a lawsuit last week regarding roughly 3,000 voters in Cobb County who did not receive absentee ballots. A Superior Court judge subsequently ordered election officials to overnight mail the delayed absentee ballots, and ruled that the ballots should be counted if they are received by Nov. 8. 

The ACLU lamented the state Supreme Court ruling on Monday, and urged “all affected voters to prioritize voting in person on Election Day, November 5, 2024, if at all possible.”

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“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 lower court had ruled that an extension of the absentee receipt deadline was necessary in order to protect these voters’ constitutional right to vote, but the Georgia Supreme Court stayed that ruling, removing the relief that the lower court had ordered. The November 8 extension deadline that the earlier order had issued is no longer in effect,” the ACLU said in a statement. 

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