The Supreme Court of Georgia has ruled that absentee and mail-in ballots received by polling stations after 7 p.m. on Election Day, Nov. 5, will not be counted.
The decision, published the day before the election, overturned a ruling made by a judge in Cobb County Superior Court that extended the deadline for accepting mail-in ballots in the county to 5 p.m. on Friday, Nov. 8, with the caveat that the mail-in ballots must be postmarked by 7 p.m. on Election Day.
The lower court's decision was made after the Georgia American Civil Liberties Union (ACLU) sued the county on behalf of three county voters after election officials admitted to failing to ship out some 3,000 mail-in ballots on time, arguing that the county violated state law by failing to promptly provide absentee voters with their ballots. They appealed to the county courts to extend the deadline.
But the Republican National Committee (RNC) and the Republican Party of Georgia countersued, arguing that extending the deadline for receiving absentee ballots beyond 7 p.m. on Election Day – the time in-person polls close in Georgia, as mandated by state law – would be a violation of the law.
"Election Day is Election Day – not the week after," said RNC Chair Michael Whatley.
The Peach State's high court said that those approximately 3,000 mail-in ballots must be set aside pending further litigation if they aren't returned to Cobb County polling places by 7 p.m. on Election Day. (Related: Judge blocks rule that would require Georgia to hand-count ballots.)
It also noted that its ruling does not pertain to voters casting absentee ballots protected by federal law, namely voters in the military and overseas absentee ballots.
Georgia voters not hindered from voting in person or returning their absentee ballots personally
In its countersuit, the RNC and the Georgia GOP argued that the state Supreme Court's decision to deviate from state law – which clearly states that "all absentee ballots" must be "returned" on "the day" of the "election" – was "baseless."
"The plaintiffs claim a burden on their right to vote, but the Georgia Constitution does not guarantee a right to vote by mail," wrote the lawyers in the suit. "Voters still have many options to vote, including by voting in person or delivering their absentee ballots in person."
Following its ruling, Georgia's Supreme Court ordered the board of elections of Cobb County to notify all affected voters of their Election Day deadline by email, text message and public announcement on the board's website.
The Georgia ACLU likewise urged voters to immediately cast their ballots in person or deliver their absentee ballots by hand to county election officials by 7 p.m. on Election Day.
"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."
Watch this hidden camera footage of Democratic Party of Georgia operative Joel Caldwell admitting to operating an illegal ballot harvesting program in Atlanta.
This video is from the Puretrauma357 channel on Brighteon.com.
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