ACLU of Georgia

Letter to Gwinnett and All Other County Election Officials Demanding They Count Absentee Ballots That Are Missing Birth Date Information

On November 8, 2018, the ACLU of Georgia sent a letter to Gwinnett County election officials and all county elections officials throughout the state demanding that they stop rejecting absentee ballots solely based on missing birthdate information.

An internal 2015 memorandum from the Georgia Attorney General’s Office states that this is illegal. Federal law prohibits election officials from rejecting absentee ballots based solely on missing birthdate information.

According to publicly available data, Gwinnett County was the only known county that was  rejecting absentee ballots for this reason and that the county had rejected nearly 1200 ballots on this basis. 

The ACLU of Georgia demanded that Gwinnett County election officials, and all county elections officials throughout the state, comply with the Attorney General’s interpretation of the law. 

“A free and fair election requires that all votes be counted,” stated Sean J. Young, Legal Director of the ACLU of Georgia. “Absentee voting should never turn into a literacy test. Every citizen’s sacred, constitutional right to vote must be honored.”