Georgia Supreme Court rules county may not count absentee ballots received after Election Day

The Georgia Supreme Court ruled Monday that Cobb County may not accept absentee ballots after Election Day.

Last Thursday, the Cobb County Board of Elections said that it had not sent out more than 3,000 absentee ballots in a timely manner and would mail them via express shipping or overnight delivery the next day, according to Democracy Docket. Three voters sued, arguing that there was not enough time to ensure the ballots would be received in time to be counted. 

They asked the deadline to be extended to Nov. 8, which is the deadline for overseas voters to return their ballots. The Republican National Committee and Georgia Republican Party intervened to prevent the extension of the absentee ballot receipt deadline.

The Cobb County Board of Elections "may count only those absentee ballots received by the statutory deadline of 7:00 p.m. on Election Day, November 5, 2024," the state Supreme Court ruled.

"The Board shall keep separate the absentee ballots of any 'Affected Voters' —as identified by the trial court’s November 1, 2024 order— that are received by the Board after 7:00 p.m. on Election Day, November 5, 2024, and on or before 5:00 p.m. on November 8, 2024, in a secure, safe, and sealed container separate from other voted ballots," the court continued.

RNC Chairman Michael Whatley announced the GOP court victory on X on Monday.

"HUGE election integrity victory in Georgia. Democrat-run Cobb County wanted to accept 3,000 absentee ballots AFTER the Election Day deadline," Whatley posted. "We took this case to the Georgia Supreme Court. We just got word that we WON the case. Election Day is Election Day — not the week after."