Citing failures with Cobb Elections process, Judge issues Emergency Court Order –  extends Absentee Ballot deadline for 3,000 Voters

In a decisive response to an emergency lawsuit filed by the American Civil Liberties Union (ACLU), ACLU of Georgia, and the Southern Poverty Law Center (SPLC), a Cobb County judge has mandated immediate corrective actions to protect the voting rights of over 3,000 affected voters. The court has ordered Cobb County election officials to overnight mail all delayed absentee ballots, including express return options, ensuring that voters receive their ballots as soon as possible. Additionally, ballots postmarked by Election Day and received by 5 p.m. on November 8 will be counted.

The lawsuit arose after Cobb County acknowledged failing to send out more than 3,000 absentee ballots on time, violating state law, which requires that ballots be mailed within three days of processing applications. The court’s ruling provides essential relief to voters at risk of disenfranchisement due to these delays.

ACLU Voting Rights Project senior staff attorney Theresa J. Lee praised the court’s decision, emphasizing the importance of counting the votes of Cobb County voters. “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,” she said.

Andrea Young, executive director of the ACLU of Georgia, expressed gratitude for the judge’s swift action to protect the rights of those voters who adhered to the rules for casting absentee ballots.

Poy Winichakul, senior staff attorney for voting rights at the SPLC, also hailed the ruling as a significant win, noting that the extended deadline ensures that ballots from affected voters will be received and counted. He highlighted the ongoing efforts to safeguard the voting rights of Georgians amid restrictive legislation such as Georgia’s S.B. 202, which has complicated the absentee voting process.

The ACLU, ACLU of Georgia, and SPLC are committed to ensuring fair and equitable voting rights for all Georgians and will continue to monitor the situation in Cobb County to ensure all ballots are delivered and counted.

For further details, a copy of the judge’s order is available here.