Court Restores Relief to Cobb County Absentee Voters, Ensures Ballots Will Be Counted

ATLANTA — Yesterday, the Georgia Supreme Court restored relief for Cobb County voters who requested absentee ballots before the deadline but did not receive them on time due to the county’s failure to mail them promptly. The Court asked the parties to brief whether the case was still relevant, given the fact that the election contests had already been decided. In response, the groups that filed the appeal, the RNC and Republican Party of Georgia, moved to dismiss their appeal.

But the American Civil Liberties Union, ACLU of Georgia, and Southern Poverty Law Center explained that, regardless of the election results, without an extension of the absentee receipt deadline, the right to vote of their clients and other affected Cobb voters will still be violated. They emphasized that the right to vote is fundamental, and it is not about which candidate wins or loses, but instead about the ability for every eligible individual to cast a ballot that is counted.

Following the briefing, the Georgia Supreme Court dismissed the appeal and dissolved its earlier order that had put a hold on the counting of the affected voters’ ballots.

Affected voters in Cobb County will have their absentee ballots counted per the initial lower court order. For these voters, ballots that were postmarked by 7 p.m. on Nov. 5 will be counted as long as they are received by 5 p.m. on Nov. 8. 

“It should not take lawsuits and post-election rulings to ensure that voters can participate in democracy,” said Poy Winichakul, senior staff attorney for voting rights at the SPLC. “But whatever it takes, we will do. The freedom to vote is the most sacred right we have in America — and we are pleased that right will be honored for our clients and many other Cobb County residents who voted absentee.”

“This change means that plaintiffs in the lawsuit, including many first-time voters, will have their voices recorded in this election,” said Andrea Young, executive director of the ACLU of Georgia. “Our fight for democracy will never stop.”

“Because of the unreasonable timelines imposed by Georgia’s SB 202, this is not the first time the system has failed absentee voters, nor is it the first time we have had to intervene to remedy these failures. We cannot let this pattern continue.” said Theresa J. Lee, senior staff attorney at the ACLU Voting Rights Project. “At the end of the day, it is not about outcomes, it is about ensuring that anyone who requested a ballot by the deadline has their vote counted. As we celebrate today’s form of justice, we’re also looking ahead to prevent these kinds of unacceptable errors in future elections.”

The ACLU, ACLU of Georgia, and Southern Poverty Law Center filed an emergency lawsuit on Nov. 1, 2024, to ensure that Cobb County voters had enough time to cast their absentee ballots.