By Larry Felton Johnson

Cobb County Senior Superior Court Judge Robert Flournoy issued an order extending the deadline for thousands of absentee ballots delayed due to administrative errors following an emergency lawsuit filed by the American Civil Liberties Union (ACLU), ACLU of Georgia, and the Southern Poverty Law Center (SPLC). The plaintiffs in the initial lawsuit were three Cobb County voters. The extension only applies to absentee ballots mailed after October 30.

Download the initial lawsuit at this link.

Download the judge’s ruling at this link.

Four Cobb County Board of Elections and Registration members also supported the lawsuit.

“My clients wanted a solution that would ensure these ballots are counted,” said Daniel White, who represented the four members of the Board, quoted in the county’s website posting about the ruling. “We appreciate the plaintiffs working with us on this solution. My clients support the order and the relief it provides.”

The plaintiffs were also supported by the Democratic National Committee and the Democratic Party of Georgia and opposed by the Republican National Committee and Georgia Republican Party (listed as Plaintiff-intervenors and Defendant-Intervenors in the ruling).

The judge ruled that Cobb County must overnight mail these absentee ballots with prepaid express return envelopes and count them if they are received by 5 p.m. on November 8, provided they are postmarked by 7 p.m. on Election Day, November 5. This decision comes after the County acknowledged that a surge in last-minute applications and equipment failures caused delays in mailing over 3,000 absentee ballots.

The lawsuit aimed to ensure voters’ rights were upheld after Cobb County admitted it could not meet the state requirement to mail ballots within three days of processing. The court’s order provides critical relief for affected voters who risked disenfranchisement due to the administrative setback. Cobb Elections confirmed on Thursday that it had processed about 3,200 late applications and began sending ballots via next-day mail or delivery services to mitigate the issue.

The judge’s order, which responded to a proposal from attorneys representing three individual voters in the affected group, was backed by four members of the Cobb County Board of Elections and Registration. “My clients wanted a solution that would ensure these ballots are counted,” said Daniel White, attorney for the Board members. “We appreciate the plaintiffs working with us on this solution. My clients support the order and the relief it provides.”

The ruling mandates several additional actions to ensure transparency and accountability. The Board of Elections is required to mail all absentee ballots with express return envelopes by November 1, 2024, notify affected voters via phone or email (if contact information is available), and provide a list of impacted voters to all parties involved in the case. The order also stipulates that ballots returned after Election Day but on or before November 8 will be segregated in a secure container, pending verification for counting.

Theresa J. Lee, senior staff attorney at the ACLU’s Voting Rights Project, praised the court’s decision in a press release issued by the SPLC: “We commend the court for prioritizing the voices of over 3,000 Cobb County voters who deserve to have their ballots counted. This decision helps voters who followed the proper procedures to now have a chance to participate in this election, despite the county’s unfortunate administrative errors.”

Andrea Young, executive director of the ACLU of Georgia, added, “We are grateful for the quick action of the judge to protect the rights of these Cobb County voters who followed all the rules to cast an absentee ballot.”

“The ruling to extend the deadline for ballot receipts is a significant win for Cobb County voters using absentee ballots,” said Poy Winichakul, senior staff attorney at SPLC in an press release. “Our clients and more than 3,000 similarly situated voters will now receive an overnight ballot in the mail, and the extension will ensure that their ballots are properly received and counted. Through litigation efforts such as this one, we are fighting to protect the ability of voters to exercise their freedom to vote and shape the future of their communities and the nation.”

The original lawsuit stated there was a compounded effect of Cobb County’s error due to Georgia’s S.B. 202, a law that narrows the time window for requesting and distributing absentee ballots.

This legal backdrop, the ACLU and SPLC argued, has put added pressure on local election officials and increased the likelihood of administrative delays impacting voters. The judge’s order, which includes expedited mailing and extended deadlines for ballot counting, mitigates the potential loss of voting rights for impacted Cobb County residents.

Board Chairwoman Tori Silas praised the efforts of the court and other parties involved to reach a workable solution, noting that the decision provides a fair and transparent process for counting ballots.

“We appreciate that the court, the plaintiffs, and both political parties recognized the extraordinary efforts made by the Board of Elections and Registrations to ensure that these ballots can be delivered quickly, returned, and counted,” said Silas, quoted in the county’s website posting about the ruling. “The agreement gives us a solution that helps ensure the voting rights of those affected and gives the public the assurance that all those who want to cast a ballot legally can do so.”

To support impacted voters, Cobb Elections will keep absentee ballot return hours extended over the weekend, allowing ballots to be returned to the Elections Headquarters from 8 a.m. to 8 p.m. on Saturday, 10 a.m. to 8 p.m. on Sunday, and 8 a.m. to 8 p.m. on Monday. Voters still awaiting their ballots may also vote in person on Election Day at their designated polling place.