State of Georgia

Georgia Cobb County Absentee Ballots Challenge

Cook v. Cobb County Board of Elections & Registration

Lawsuit filed on behalf of three college-age voters, a 64-year-old woman residing outside of Cobb County to take care of her elderly mother and the Cobb County Democracy Center against the Cobb County Board of Elections and Registration and its members, Georgia Secretary of State Brad Raffensperger (R) and the Georgia State Election Board and its members. The plaintiffs allege that they did not receive their absentee ballots as requested and, in total, “approximately 1,036 absentee ballots marked as issued on October 13, 2022, and October 22, 2022, had never been mailed due to staff error.” Notably, for the plaintiffs to get to Cobb County to vote in person on Election Day, they would need to travel between 400-4,200 miles roundtrip. The plaintiffs argue that the defendants’ failure to provide them with their absentee ballots in a timely manner violates their fundamental right to vote under the Georgia Constitution and, absent relief, “these voters will likely not be able to participate in the November 8, 2022 general election despite properly registering to vote, requesting their absentee ballot by the absentee ballot request deadline, and often contacting the Cobb Board multiple times on their own.” The plaintiffs request a writ of mandamus (a court order compelling a party to take a certain action) asking the court to order the defendants to “timely mail and count their absentee ballots.” Specifically, the plaintiffs request that the defendants “overnight mail absentee ballots” to impacted voters, extend the deadline for impacted voters to return their ballots to Nov. 14 (the same deadline for voters who fall under the Uniform and Overseas Citizens Absentee Voters Act), allow impacted voters who do not receive an absentee ballot by 12 p.m. on Election Day to “use the Federal Write-In Absentee Ballot to cast their ballots” and provide immediate notice to the impacted voters about the error and their voting options. 

Case Documents

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