Georgia Supreme Court Blocks County From Counting Absentee Ballots After Election Day

The Georgia Supreme Court has ruled that Cobb County may not accept absentee ballots after Election Day, overturning a lower court decision that extended the ballot receipt deadline to Nov. 8 for over 3,000 voters who received late ballots.

However, any absentee ballots from the "Affected Voters"—as defined by a lower court order—that are received after the Election Day deadline but before 5 p.m. on Nov. 8 will be kept separate and secure, not counted, and not destroyed until further order of the court, per the order. The Cobb County Board of Elections has been ordered to notify the affected voters that they are now subject to the Nov. 5 deadline, which a lower court previously extended.

RNC Michael Whatley praised the ruling, calling it a "huge election integrity win."

The election board attributed delays in mailing absentee ballots to a "surge of last-minute applications" and stated it was working with postal and delivery services on express mailing to expedite ballot delivery and return. Additionally, the board faced issues with its in-house equipment, which malfunctioned after the vendor's final mailing run, according to Elections Director Tate Fall.

The plaintiffs sought emergency court intervention requiring extended acceptance of absentee ballots delayed by the election board, to prevent what they described as the disenfranchisement of over 3,000 voters.

"Unfortunately, there are voters who will not be able to access the remaining options and will not have their voices heard in this election as a result of this ruling," Lee said in a statement.

According to state law, absentee ballots can also be dropped in a drop box during operating hours before polls close on Election Day.