Ayota v. Fall
What's at Stake
On October 31, 2024, just five days before the November 5 General Election, Cobb County announced that it had failed to send more than 3,000 absentee ballots to Cobb County voters who had timely requested them. Many of these voters are at school hundreds of miles away or have disabilities that make it all but impossible to vote in person. The 老澳门开奖结果 and co-counsel sued on behalf of affected voters to ensure that they would not be disenfranchised because of the County's administrative error.
Summary
On the afternoon of October 31, 2024, Cobb County issued a press release acknowledging that it had failed to send more than 3,000 absentee ballots to Cobb County voters who had timely requested them. Although these ballots were marked as 鈥渋ssued鈥 in the My Voter Page system that voters can access to track their ballots, the ballots were not, in fact, sent to them. Georgia law requires ballots to be sent within three days of submitting an application.
The next morning, on November 1, 2024, the 老澳门开奖结果, 老澳门开奖结果 of Georgia, and Southern Poverty Law Center filed a complaint and emergency motion for an interlocutory injunction and temporary restraining order on behalf of affected voters to safeguard their fundamental right to vote. We requested expedited mail service for all of the unsent ballots and a three-day extension of the deadline for affected voters to return their completed ballots.
We brought the lawsuit on behalf of Naomi Ayota, a first-time voter and college student who temporarily resides in Pennsylvania and cannot make it home to vote in person on Election Day; Grant Simmel, another college student temporarily residing in Colorado; Gabriel Dickson, a legally blind mail voter for whom voting in person would present a severe burden; and all other Cobb County voters who timely requested absentee ballots, had their absentee ballot applications accepted, but did not timely receive them due to the County鈥檚 administrative error.
On November 1, the court entered an order ordering Cobb County to mail absentee ballots to the affected voters with a prepaid express return envelope on or before November 1, 2024. The court also ordered Cobb County to give notice of the error to all affected voters as soon as possible via email or phone.
Update: On November 4, 2024, the Georgia Supreme Court granted Intervenor-Defendants鈥 Republican National Committee and Georgia GOP鈥檚 emergency motion for a stay of the Superior Court鈥檚 order. This means that as of now, ballots postmarked by Election Day that arrive after Election Day will not be counted. However, the Georgia Supreme Court ordered that those ballots be segregated and not destroyed pending resolution of the case.
Legal Documents
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11/04/2024
Cobb County Response in Opposition to Appellants' Emergency Motion for Supersedeas -
11/04/2024
Appellees' Opposition to Emergency Motion for Supersedeas -
11/03/2024
Appellee-Intervenors' Democratic National Committee and Democratic Party of Georgia Opposition to Emergency Motion for Supersedeas -
11/01/2024
Emergency Motion for Supersedeas of the Republican National Committee to Georgia Supreme Court
Date Filed: 11/04/2024
Affiliate: Georgia
Date Filed: 11/04/2024
Affiliate: Georgia
Date Filed: 11/03/2024
Affiliate: Georgia
Date Filed: 11/01/2024
Affiliate: Georgia
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11/01/2024
Order -
11/01/2024
Emergency Motion for Interlocutory Injunction and Temporary Restraining Order -
11/01/2024
Complaint
Date Filed: 11/01/2024
Affiliate: Georgia
Press Releases
Georgia Supreme Court Overturns Relief for Cobb County Voters
Judge Orders Cobb County Officials to Express Mail Over 3,000 Delayed Absentee Ballots
Civil Rights Groups File Emergency Lawsuit to Ensure Cobb County Absentee Voters Have Time to Cast Their Ballots