Georgia Supreme Court Unanimously Blocks GOP Attempt To Nix Day Of Early Runoff Voting

WOODSTOCK, GEORGIA - NOVEMBER 19: U.S. Sen. Raphael Warnock (D-GA) speaks at a campaign rally (Photo by Brandon Bell/Getty Images)
Start your day with TPM.
Sign up for the Morning Memo newsletter

The Georgia Supreme Court, unanimously and without commentary, shot down Republicans’ attempt to bar a day of early voting in the Senate runoff between Sen. Raphael Warnock (D-GA) and Herschel Walker. 

The high court upheld a decision from a Fulton County judge last week, who said that blocking the vote on the Saturday after Thanksgiving would “irreparably harm the Plaintiffs, their members, and constituents, and their preferred runoff candidate.” 

When the Georgia Court of Appeals declined to block that lower court order, the Georgia Republican party, along with the National Republican Senatorial Committee and Republican National Committee, appealed to the state Supreme Court.

Each day of early voting took on more importance ever since Republicans in the state legislature, dismayed by their party’s losses in 2020, passed a bundle of voter restrictions that included chopping the runoff calendar in half. 

The dispute over this Saturday in particular came down to idiosyncrasies of state law: Republicans, at one point supported by Secretary of State Brad Raffensperger (R), said that a regulation prohibiting Saturday voting after a holiday puts the post-Thanksgiving day out of bounds. Warnock’s campaign, and assorted Democratic entities, said that that law applies only to primary and general elections, not to runoffs. 

Fulton County Judge Thomas Cox, now supported by the appellate and high courts, sided with the Democrats. 

“Had the Legislature been so inclined, they could have easily included runoff to continue this pattern of a three-category list but they chose not to,” he wrote. “In this instance it is obvious that they chose not to because it was previously included in the text of the statute but was later removed.” 

Raffensperger, after initially saying he expected that there would be some early voting on the 26th — which Cox noted in his opinion as lending insight into the “creation of a public expectation” — reversed himself days later, accusing the Warnock campaign of “muddying the water and pressuring counties to ignore Georgia law.”

Georgia counties are required to open the polls for early voting next week, from November 28 to December 2. Now, they will have the option of offering voting this Saturday too. 

Latest News
332
Show Comments

Notable Replies

  1. Avatar for bdtex bdtex says:

    first

  2. Avatar for FI9981 FI9981 says:

    An erection for justice!

  3. Avatar for jwbuho jwbuho says:

    Does justice turn you on? It does me.

  4. Maybe the justices took one look at SCOTUS and decided that they would prefer to let them be the ones to bask/ squirm in the spotlight for being so political.

  5. From the article: "The dispute over this Saturday in particular came down to idiosyncrasies of state law: Republicans, at one point supported by Secretary of State Brad Raffensperger ®, said that a regulation prohibiting Saturday voting after a holiday puts the post-Thanksgiving day out of bounds. Warnock’s campaign, and assorted Democratic entities, said that that law applies only to primary and general elections, not to runoffs.

    Fulton County Judge Thomas Cox, now supported by the appellate and high courts, sided with the Democrats.

    “Had the Legislature been so inclined, they could have easily included runoff to continue this pattern of a three-category list but they chose not to,” he wrote. “In this instance it is obvious that they chose not to because it was previously included in the text of the statute but was later removed.”

    What are the odds the Republican controlled Georgia state legislature will amend the law before the next election, I’d say 100%

Continue the discussion at forums.talkingpointsmemo.com

326 more replies

Participants

Avatar for austin_dave Avatar for littlegirlblue Avatar for mattinpa Avatar for teenlaqueefa Avatar for becca656 Avatar for lastroth Avatar for thebishop Avatar for tao Avatar for darrtown Avatar for jinnj Avatar for jonney_5 Avatar for southerndem Avatar for 21zna9 Avatar for tsp Avatar for rickjones Avatar for tiowally Avatar for kenga Avatar for occamscoin Avatar for zenicetus Avatar for garrybee Avatar for trustywoods Avatar for emiliano4 Avatar for ClutchCargo Avatar for geographyjones

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: