The Georgia absentee ballot decision gives the RNC a legal victory before the election

The Georgia Supreme Court ruled Monday that absentee ballots sent late to voters in Cobb County will only be counted if they return to election officials on Election Day, giving GOP leaders a victory break.

“Huge victory for election integrity in Georgia. Democratic-controlled Cobb County wanted to accept 3,000 absentee ballots AFTER the Election Day deadline. We've taken this case to the Georgia Supreme Court,” RNC chairman Michael Whatley posted to X on Monday.

“We just got word that we WON the case. Election Day is Election Day – not the week after. We will keep fighting, keep winning, and keep sharing updates,” he added.

Last week, it was revealed that approximately 3,000 absentee ballots were sent late to voters in Cobb County, just days before Election Day. A district judge ruled on Nov. 1 that the Cobb County Board of Elections can count the votes by 5pm Nov. 8, and postmarked at 7pm Nov. 5.

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On Monday, the High Court of the province issued an urgent decision that the votes will be counted only if they are received by 7 pm on Tuesday.

Voters cast their ballots on the last day of early voting in Gwinnett County, Georgia, on Nov. 1, 2024. (Nathan Posner/Anadolu via Getty Images)

“Pursuant to OCGA § 21-2-386, the Cobb County Board of Elections and Registration ('Board') may count only those absentee ballots received by the official deadline of 7:00 pm on Election Day, November 5, 2024.” the order is readable.

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The decision comes after the ACLU, the ACLU of Georgia, and the Southern Poverty Law Center filed a lawsuit last week over nearly 3,000 voters in Cobb County who did not receive absentee ballots. A Supreme Court judge then ordered election officials to overnight the delayed ballots, and ruled that the ballots should be counted when they are received on November 8.

The ACLU appealed the state Supreme Court's decision Monday, and urged “all concerned voters to prioritize voting in person on Election Day, November 5, 2024, if possible.”

Former President Trump speaks at a campaign rally at the Santander Arena in Reading, Pennsylvania, Nov. 4, 2024. (Reuters/Brian Snyder)

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“This afternoon, the Supreme Court of Georgia denied the release of Cobb County voters who requested timely ballots but did not receive them in time due to the county's failure to promptly mail them. A lower court ruled that an extension of the deadline for receiving absentee receipts was necessary to protect these voters' constitutional right to vote, but the Georgia Supreme Court blocked that decision. , lifted the relief ordered by the lower court's November 8 deadline for the earlier injunction,” the ACLU said in a statement.

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