GA Supreme Court Rules Late Absentee Ballots Won’t Be Counted in Cobb County

The Georgia Supreme Court has ruled that absentee ballots received after Election Day will not be counted, overturning a lower court decision that aimed to extend the state’s absentee ballot deadline. This decision comes after Cobb County election officials failed to mail absentee ballots to around 3,000 voters on time. Initially, a Cobb County judge extended the absentee ballot deadline from November 5 to November 8 to accommodate these voters, a decision that drew criticism for its potential to violate state and federal election laws.

The reversal from the Georgia Supreme Court came after the Republican National Committee (RNC) and Georgia Republican Party filed an emergency motion to halt the deadline extension. The court’s ruling stated, “Upon consideration of the Emergency Motion for Supersedeas of Appellants The Republican National Committee and Georgia Republican Party, Inc., as well as the briefs filed by the parties and the amicus curiae, Appellants’ emergency motion for supersedeas is GRANTED.” The decision specifies that only absentee ballots received by 7:00 p.m. on Election Day, November 5, are eligible to be counted.

In directing Cobb County election officials to exclude ballots received after Election Day, the court also instructed that these ballots be preserved separately and sequestered. Per Georgia election laws, these ballots are to be safeguarded until further notice, at which point they will be either destroyed or otherwise disposed of under court order. The court’s decision reinforces Georgia’s strict adherence to the Election Day deadline, emphasizing that exceptions cannot be made without undermining the established election framework.

The case arose from a ballot distribution mishap in Cobb County, where nearly 3,000 absentee ballots were not mailed in a timely manner, potentially impacting voters’ ability to cast their ballots by Election Day. Cobb County officials argued that the extension would allow affected voters to participate in the election despite the delay, but the RNC and Georgia Republicans opposed the extension, arguing that it would set a dangerous precedent. In their motion to the court, they contended that adjusting the Election Day deadline could compromise election integrity by creating inconsistencies in ballot handling and processing.

Georgia’s high court ruling is seen by Republican leaders as a significant victory for election integrity. Republican National Committee Co-Chair Michael Whatley celebrated the ruling as a defense of the state’s election laws and deadlines. “HUGE election integrity victory in Georgia,” Whatley posted on X (formerly Twitter).

“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. We just got word that we WON the case. Election Day is Election Day — not the week after.”

This ruling underscores the importance Georgia places on adhering to statutory deadlines in election procedures, a commitment that has become a focal point of election law debates across the country. Supporters of the ruling argue that Election Day deadlines are essential to maintain a fair and consistent electoral process, ensuring all votes are processed and counted within a known timeframe. Opponents of the court’s decision, however, argue that the ruling penalizes voters for errors made by election officials and potentially disenfranchises individuals who, through no fault of their own, were unable to vote on time due to administrative delays.

In Georgia, the state election law, OCGA § 21-2-386, explicitly mandates that absentee ballots be received by 7:00 p.m. on Election Day to be counted. This ruling reaffirms that the state will not accommodate extensions, even in cases where county-level mishandlings occur, unless provided for in state law. Critics, including some voting rights advocates, have expressed concern that this interpretation leaves little room for flexibility in addressing unexpected disruptions in the voting process.

This decision may have significant implications for absentee voting policies in Georgia going forward. As the state’s election infrastructure faces increased scrutiny and pressure to deliver accurate and timely voting results, the outcome of this case may push for stronger oversight and accountability measures to prevent such delays from recurring. Cobb County election officials, who were tasked with ensuring the timely mailing of absentee ballots, may now face additional inquiries regarding the cause of the delay and whether further corrective actions are necessary.

The Georgia Supreme Court’s ruling aligns with the general national trend toward tightening voting regulations and reinforcing the significance of Election Day deadlines. With the court’s decision now finalized, Cobb County election officials are required to proceed under the stipulations set forth, sequestering and ultimately excluding any ballots received after the Election Day cutoff.

As Election Day policies continue to be a hot-button issue nationwide, this case underscores the importance of clarity and consistency in election procedures, ensuring that the public’s trust in the electoral process remains intact.

The court’s decision is a reminder of the challenges election officials face in balancing accessibility with strict adherence to legal requirements, particularly in high-stakes elections where procedural decisions can have far-reaching consequences.

The Georgia Supreme Court’s decision to enforce the deadline signals that exceptions to these deadlines will be difficult to secure, reflecting a broader commitment to standardized election procedures and potentially influencing similar cases in other states.