A Georgia judge on Saturday dismissed a Republican lawsuit seeking to prevent counties from opening election offices over the weekend to allow voters to hand in their mail ballots in person. The lawsuit, which named only Fulton County—a Democratic stronghold covering most of Atlanta and comprising 11% of Georgia’s electorate—came amid plans by at least five other heavily Democratic counties to open election offices for in-person absentee ballot returns.
Filed late Friday, the lawsuit argued that Georgia law prohibits ballot drop boxes from being accessible beyond the end of advance voting, which concluded that day. However, state law also permits voters to deliver absentee ballots directly to county election offices until the polls close at 7 p.m. on Election Day. Despite this provision, attorney Alex Kaufman claimed during an emergency hearing on Saturday that voters should not be allowed to hand-deliver absentee ballots that were mailed to them.
Kaufman further contended that voters should be barred from delivering their ballots by hand between the end of early voting on Friday and the start of Election Day on Tuesday, while still allowing ballots to arrive by mail during that period. Georgia election offices have long accepted mail ballots over the counter.
In an online hearing, Fulton County Superior Court Judge Kevin Farmer rejected Kaufman’s assertions and ruled against the lawsuit. “I find that it is not a violation of those two code sections for a voter to hand-return their absentee ballots,” Farmer stated.
As of late Saturday afternoon, 105 ballots had been received at Fulton County’s four locations, according to county spokesperson Jessica Corbitt-Dominguez. The county’s Department of Registration & Elections also confirmed that voters delivering absentee ballots must sign an affidavit indicating whether they are returning their own ballot or doing so on behalf of an authorized individual, such as a family or household member.
State GOP Chairman Josh McKoon accused Democratic-controlled counties of illegally accepting ballots, an allegation that resonated online among Republican supporters after reports surfaced that election observers would not be permitted inside election offices during the ballot returns.
Fulton County elections director Nadine Williams explained during the hearing that county offices are not polling places and have not previously allowed partisan poll watchers. However, Williams later clarified via email that the process should remain open to the public without requiring credentials or badges. She noted that independent monitors overseeing Fulton County’s election procedures were on site, and that state investigators might also be present.
