County must accept absentee ballots of affected voters postmarked by Election Day and received by November 8
ATLANTA – Following an emergency lawsuit filed by the American Civil Liberties Union, ACLU of Georgia, and Southern Poverty Law Center, a judge has ordered Cobb County election officials to take immediate corrective action to protect the voting rights of more than 3,000 affected voters. Cobb County must now overnight mail all delayed absentee ballots, including express return, ensuring these ballots are received by voters as soon as possible. The court also ordered that these ballots are to be counted if they are postmarked by Election Day and received by 5 p.m. on November 8.
The lawsuit was filed after Cobb County admitted to a significant error, failing to send over 3,000 absentee ballots on time despite requirements under state law mandating ballots be mailed within three days of application processing. The court’s decision grants critical relief to voters who otherwise faced potential disenfranchisement due to these delays.
“We commend the court for prioritizing the voices of over 3,000 Cobb County voters who deserve to have their ballots counted,” said Theresa J. Lee, senior staff attorney at the ACLU’s Voting Rights Project. “This decision helps voters who followed the proper procedures to now have a chance to participate in this election, despite the county’s unfortunate administrative errors.”
“We are grateful for the quick action of the judge to protect the rights of these Cobb County voters who followed all the rules to cast an absentee ballot,” said Andrea Young, executive director, ACLU of Georgia.
“The ruling to extend the deadline for ballot receipts is a significant win for Cobb County voters using absentee ballots. Our clients and over 3,000 similarly situated voters will now receive an overnight ballot in the mail, and the extension will ensure that their ballots are properly received and counted,” says Poy Winichakul, senior staff attorney, SPLC. “Through litigation efforts such as this one, we are fighting to protect the ability of American citizens to shape the future of their communities and the nation through exercising their right to vote.”
The initial lawsuit argued that Cobb County’s failure to send ballots on time was compounded by restrictive provisions in Georgia’s S.B. 202, a law that reduces the time window for requesting and distributing absentee ballots, and puts increased pressure on local election officials. By mandating expedited mailing and allowing for ballots to be counted if received by 5 p.m. on November 8, the court’s order provides urgent relief to ensure that voters impacted by the delays will not lose their right to vote due to administrative challenges.
The ACLU, ACLU of Georgia, and SPLC remain committed to fighting for fair and equitable voting rights for all Georgians and will continue monitoring the situation in Cobb County to ensure that all ballots are delivered and counted.
A copy of the judge’s order can be found here: https://assets.aclu.org/live/uploads/2024/11/Cobb_Superior_24GC08111_Order-1.pdf
