Georgia's top court sides with RNC, cancels Cobb County ballot extension

In a ruling that went in favor of national Republicans, the top court in Georgia decided Monday that thousands of voters in Cobb County who got their ballots late will not have their votes instantly tallied if officials get their ballots after Election Day.

As of Tuesday at 7 p.m., the deadline under current state law and the time polls shut in the state, the ballots—which Cobb County authorities acknowledged they did not send out on time—must be put aside pending additional action, according to the Georgia Supreme Court, as The Hill reported.

Prior to this, a judge in Cobb County extended the deadline until 5 p.m. on Friday; this is also the deadline for uniformed and foreign voters. The only condition is that the ballots have to be postmarked before the end of the voting period on Election Day.

Georgia Court Ruling

Cobb County's Board of Elections and Registration was mandated by the Georgia Supreme Court to inform impacted voters of their Election Day deadline using electronic means, including email, text message, and a public announcement on the board's website.

Another point made by the panel was that the decision has nothing to do with voters who are required to follow federal law in order to cast ballots, such as foreign absentee voters or those in uniform.

Of the nine-judge panel, three voiced a dissenting opinion without offering an explanation. Due to disqualification, a fourth justice could not hear the case. The remaining five made rulings that favored the RNC.

From the RNC

The Georgia Republican Party and the Republican National Committee (RNC) took their case to the highest court in the state, claiming that it is clearly stated in Georgia statute that "'all absentee ballots' must be 'returned' on 'the day' of the 'election.'"

“The Superior Court’s deviation from the Legislature’s instruction is baseless,” lawyers for the state and national Republicans wrote.

“The Plaintiffs claim a burden on their right to vote, but the Georgia Constitution does not guarantee a right to vote by mail. Voters still have many options to vote, including by voting in person or delivering their absentee ballots in person.”

From the ACLU

The American Civil Liberties Union of Georgia, which originally sued on behalf of three impacted voters, has now urged all impacted voters to either vote in person or submit their absentee ballots to county election officials by the new deadline.

“If neither is an option, we urge voters to immediately send their ballot back to the county via overnight delivery, if possible. Only as a last resort, should voters simply mail their ballots,” the group said in a press release.

“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.”

The presidential election is thought likely to be quite close, and the state of Georgia is a key battleground. In the 2020 presidential election, President Biden narrowly defeated Trump in Cobb County, Georgia, by a margin of fourteen percentage points.