Judge Orders Georgia To Extend Deadline For Absentee Ballots
A federal judge on Monday ordered Georgia to extend its deadline for accepting mail-in ballots for November’s general election from the close of polls on Election Day until three days later.
Georgia law says absentee ballots must be received by the close of polls on Election Day. U.S. District Judge Eleanor Ross ordered that absentee ballots that are postmarked by Election Day and arrive at county election offices by 7 p.m. three business days later be counted.
The New Georgia Project, a voter registration group, and several individual voters had sued to demand the deadline extension and other changes.
The secretary of state’s office plans to immediately appeal the ruling, Deputy Secretary of State Jordan Fuchs said.
“Extending the absentee ballot receipt deadline is a bad idea that will make it nearly impossible for election officials to complete their required post-election tasks in the timeline that is required by law,” she said in a statement.
Ross wrote in the order that she is “reluctant to interfere with Georgia’s statutory election machinery.” But she said the risk of disenfranchisement is great and the “narrowly tailored” remedy of extending the deadline by three business days is appropriate.
“Extending the deadline would ensure that voters who receive their ballots shortly before Election Day are able to mail their ballots without fear that their vote will not count,” Ross wrote.
The lawsuit alleged that five aspects of Georgia law on absentee ballots can disenfranchise lawful voters in violation of their constitutional rights. Ross declined to order changes beyond the absentee ballot deadline extension.
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