Georgia Judge Dismisses GOP Effort to Halt Weekend Absentee Ballot

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Plaintiffs said the lack of poll watchers to observe the absentee ballot intake by local election officials compromised election integrity.

A Georgia judge has dismissed a Republican lawsuit attempting to prevent counties from operating election offices over the weekend to accept hand-delivered absentee ballots.

The GOP plaintiffs argued that Fulton County’s decision to open the election offices on Nov. 2 and 3 where voters could hand-deliver absentee ballots directly to registrars was unsupported by state law and violated rules requiring that ballot boxes be locked after early voting, which ended Friday.

Plaintiffs said the lack of poll watchers to observe the absentee (or mail-in) ballot intake by local election officials compromised election integrity.

During a court hearing on Nov. 2, Fulton County Judge Kevin Farmer denied the emergency petition filed by the Republican plaintiffs late on Nov. 1, finding that state law allows for voters to hand-deliver absentee ballots directly to registrars and that no ballot drop boxes were open at the election offices that Fulton County decided to keep open over the weekend.

The Republican plaintiffs argued that all ballot drop boxes should be locked after the end of the early voting period, while also suggesting that county election offices should not be used as places where election workers accept hand-delivered absentee ballots after early voting ended.

The petition asked for the judge to approve a “Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction providing that Defendants, as well as their officers, agents, servants, employees, attorneys, and any persons acting in active concert or participation with them shall … [n]ot permit persons to hand-return their absentee ballots in violation of O.C.G.A. § 21-2-382 and O.C.G.A. §21-2-385; to wit; not accept absentee ballots in drop boxes on November 2 and 3, 2024 anywhere within Fulton County, Georgia.”

Attorney Alex Kaufman, representing the Republican plaintiffs, argued during Saturday’s hearing that there are no provisions in O.C.G.A. §21-2-385 (Procedure for voting by absentee ballot; advance voting) that allow hand-delivery to the registrar.

The judge disagreed, reading out the language of the relevant section: “Such envelope shall then be securely sealed and the elector shall then personally mail or personally deliver same to the board of registrars or absentee ballot clerk.”

“That seems to indicate that personal delivery to the registrar, and not to a drop box, is kosher,” Farmer said, adding, “more than kosher—lawful.”

Kaufman then contended that keeping the offices open to accept in-person absentee ballots ran afoul of another section of the Georgia Code relating to geographic dispersement of locations where ballots can be submitted, prompting a rebuttal from the judge, who aid that this provision only refers to drop boxes.

Later in the hearing, Kaufman cited the fact that the last-minute weekend extension of the election office meant Republican poll watchers did not have the opportunity to apply to observe the activities involving the hand-delivered ballots.

Nadine Williams, director of the Fulton County Department of Registration and Elections, said during the hearing that the elections offices where hand-delivered ballots are being accepted over the counter are not polling locations and poll watchers have never been allowed to observe these places.

Kaufman also asked Williams: “And so you contend that you have voluntary Fulton County monitors and that that’s a sufficient safeguard, is that your position?” This prompted the judge to intervene and say that this would require Williams to make an unwarranted legal conclusion.

Ultimately, the judge decided to deny the Republican plaintiffs’ petition, saying he found no violation of Georgia Code for a voter to hand-return their absentee ballots over the counter at the election offices. He added that the absence of open drop boxes at those locations further merited dismissal.

A request for comment on the decision sent to the Georgia GOP was not immediately returned.

Fulton County spokesperson Jessica Corbitt-Dominguez said that by mid-afternoon Saturday, fewer than 30 ballots had been received at the four locations.

The Associated Press contributed to this report.