Georgia Supreme Court Rules Late-Arriving Ballots Must Be Set Aside

Georgia Supreme Court Rules Late-Arriving Ballots Must Be Set Aside

The Georgia Supreme Court recently ruled that absentee ballots must arrive by Election Day to be counted, which excludes over 3,000 late-arriving votes until further legal action is taken.

This ruling is a significant achievement for the Republican National Committee (RNC) in its efforts to ensure election integrity. Previously, a judge allowed the counting of roughly 3,000 absentee ballots until 5 p.m. on November 8 due to an error by Cobb County officials, who had not mailed some ballots on time. In response, the RNC filed an appeal.

“HUGE election integrity victory in Georgia,” RNC Chairman Michael Whatley said, expressing satisfaction that the state Supreme Court upheld the rule requiring ballots to be both postmarked and received by Tuesday, November 5, as reported by the Washington Examiner.

Judge Robert E. Flournoy III initially ordered Cobb County to “process received ballots by Affected Voters” if postmarked by 7 p.m. on Election Day, allowing counting until 5 p.m. on November 8. However, with the new ruling, any ballots from the 3,000 “Affected Voters” that arrive after the Election Day deadline will be set aside unless voters appeal further.

The Supreme Court clarified that this ruling does not affect ballots from military and overseas voters protected by the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). For these voters, Secretary of State Brad Raffensperger’s office confirmed that “all ballots postmarked by the date of the primary, election, or runoff will be counted if received within three days of Election Day.”

This is the second recent victory for Republicans in Georgia. After hearing that poll watchers were barred from ballot counting centers in Fulton County, the RNC intervened to ensure they could observe. This came after some Democrat-leaning areas decided to keep ballot offices open over the weekend to receive absentee ballots, despite Republicans alleging this action violated state law, specifically subsection (d) of Code Section 21-2-385.

Georgia Republicans released a statement condemning these extended hours, arguing it violated “state law, subsection (d) of Code Section 21-2-385, O.C.G.A. § 21-2-382,” which mandates that “all drop boxes shall be closed when the advance voting period ends.” The statement demanded immediate action to “maintain confidence in Georgia’s election integrity” and prevent “illegal acts” from proceeding.

A county official’s email instructed that no poll watchers would be admitted to ballot drop-off sites, stating, “FYI – There are NO WATCHERS approved for ballot drop off! Do not let them in the building,” adding that watchers could only observe from outside the building.

Following swift legal and public pressure, Secretary of State Raffensperger and Governor Brian Kemp intervened to allow poll watchers access to the counting centers. Georgia Republican Party Chairman Josh McKoon later confirmed on X (formerly Twitter) that poll watchers were ultimately permitted to observe the ballot-counting process.

RNC Chairman Whatley announced that, thanks to the RNC’s efforts, poll watchers gained entry in all four counties. “Our lawsuit over the offices remaining open is still pending,” Whatley added, “but we have eyes in the room as votes are being counted, and we will continue to enforce Georgia law and protect the vote.”

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