Voters in Atlanta suburbs sue over unsent absentee ballots

Nov 7, 2022, 1:40 PM
ATLANTA, GEORGIA - MAY 24: Demetrick Favors fills out his ballot at a voting machine as he votes in...
ATLANTA, GEORGIA - MAY 24: Demetrick Favors fills out his ballot at a voting machine as he votes in the Georgia primary at the Metropolitan Library on May 24, 2022 in Atlanta, Georgia. Election Day allows people to vote on Republican and Democratic nominees for offices. (Photo by Joe Raedle/Getty Images)
(Photo by Joe Raedle/Getty Images)

MARIETTA, Ga. (AP) — Voters who never received absentee ballots because election officials in a suburban Atlanta county failed to mail them have filed a lawsuit seeking an emergency solution so they can still vote.

Election officials in Cobb County acknowledged Friday that the county failed to mail out more than 1,000 absentee ballots to voters who had requested them. County elections director Janine Eveler wrote in an email to the county election board that because of staff error, ballots were never created nor sent on two days last month, the lawsuit says.

As a result, 1,036 voters never received the ballots they requested. State election data shows that about 250 of them had voted in person during early voting. But many of those whose ballots weren’t sent may not be able to vote if a court doesn’t step in, the lawsuit says.

During the three weeks of early voting that precede Election Day, election officials are supposed to send out ballots within three days of receiving a request. Voters then have until 7 p.m. on Election Day to return their ballots.

The lawsuit seeks to have ballots sent overnight to hundreds of voters who still need them and to extend the deadline for them to return them to Nov. 14.

Georgia is a battleground state that features a fiercely contested governor’s race, as well as a Senate contest between Democratic Sen. Raphael Warnock and Republican Herschel Walker that could determine which party controls the narrowly divided chamber. For decades a conservative stronghold, Cobb County in recent years has leaned Democratic as Atlanta’s suburbs have diversified and as the GOP has lost support from college-educated white voters.

The lawsuit, which seeks class action status, was filed on behalf of the voters by the American Civil Liberties Union and the Southern Poverty Law Center.

“Hundreds of eligible Cobb County voters did everything right and yet find themselves on the brink of total disenfranchisement because they were never mailed their absentee ballots, as is required under Georgia law,” Jonathan Topaz, staff attorney with the ACLU’s Voting Rights Project, said in a news release. “Only this court can right the wrong done to these hundreds of voters and ensure that they are able to exercise their fundamental right to vote in this November election.”

KSL 5 TV Live

Top Stories


U.S. President Joe Biden delivers remarks at the National Prayer Breakfast at the U.S. Capitol on F...
Colleen Long and Chris Megerian, Associated Press

Biden urges unity at prayer breakfast under new management

President Joe Biden attended the annual National Prayer Breakfast on Thursday in Washington and delivered a message of unity.
13 hours ago
FILE: Groundhog handler AJ Derume holds Punxsutawney Phil, who saw his shadow, predicting a late sp...
Associated Press

Phil’s Groundhog Day prediction: 6 more weeks of winter

A furry critter in a western Pennsylvania town has predicted six more weeks of winter during an annual Groundhog Day celebration.
13 hours ago
Law enforcement officers aim their weapons at a home during a standoff in Grants Pass, Ore., on Tue...
Associated Press

Oregon kidnapping suspect dies of self-inflicted gunshot

The suspect in a violent kidnapping in Oregon has died of a self-inflicted gunshot wound.
2 days ago
Federal Reserve Board Chairman Jerome Powell speaks during a news conference after a Federal Open M...
Christopher Rugaber, AP Economics Writer

Fed lifts rate by quarter-point and signals more hikes ahead

The Federal Reserve extended its fight against high inflation Wednesday by raising its key interest rate by a quarter-point, its eighth hike since March.
2 days ago
FILE - U.S. Secret Service agents are seen in front of Joe Biden's Rehoboth Beach, Del., home on Ja...
Eric Tucker, Colleen Long and Zeke Miller, Associated Press

Biden lawyer: FBI finds no classified docs at beach house

The Federal Bureau of Investigation searched President Joe Biden's vacation home in Rehoboth Beach, Delaware, on Wednesday without finding any classified documents, the president's personal attorney said.
2 days ago
Soundgarden performs on stage for Guitar Hero game...
Mark Kennedy, Associated Press

Missy, Willie and George Michael among Rock Hall nominees

Missy Elliott, Willie Nelson, Kate Bush, Iron Maiden, Cyndi Lauper, Soundgarden, Sheryl Crow and the late George Michael are nominees for 2023 induction into the Rock & Roll Hall of Fame, a list that includes a mix of country, soul, hip-hop, metal, pop, rap-rock and grunge.
2 days ago

Sponsored Articles

vintage photo of lighting showroom featuring chandeliers, lamps, wall lights and mirrors...
Lighting Design

History of Lighting Design | Over 25 Years of Providing Utah With the Latest Trends and Styles

Read about the history of Lighting Design, a family-owned and operated business that paved the way for the lighting industry in Utah.
Fiber Optical cables connected to an optic ports and Network cables connected to ethernet ports...
Brian Huston, CE and Anthony Perkins, BICSI

Why Every Business Needs a Structured Cabling System

A structured cabling system benefits businesses by giving you faster processing speeds and making your network more efficient and reliable.
notebook with password notes highlighted...
PC Laptops

How to Create Strong Passwords You Can Actually Remember

Learn how you can create strong passwords that are actually easy to remember! In a short time you can create new ones in seconds.
house with for rent sign posted...
Chase Harrington, president and COO of Entrata

Top 5 Reasons You May Want to Consider Apartment Life Over Owning a Home

There are many benefits of renting that can be overshadowed by the allure of buying a home. Here are five reasons why renting might be right for you.
Festive kitchen in Christmas decorations. Christmas dining room....
Lighting Design

6 Holiday Decor Trends to Try in 2022

We've rounded out the top 6 holiday decor trends for 2022 so you can be ahead of the game before you start shopping. 
Happy diverse college or university students are having fun on their graduation day...
BYU MBA at the Marriott School of Business

How to Choose What MBA Program is Right for You: Take this Quiz Before You Apply!

Wondering what MBA program is right for you? Take this quiz before you apply to see if it will help you meet your goals.
Voters in Atlanta suburbs sue over unsent absentee ballots