Georgia federal judge rules failure to count absentee ballots violates Civil Rights Act News
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Georgia federal judge rules failure to count absentee ballots violates Civil Rights Act

A federal judge on Tuesday ordered that mail-in absentee ballots in Gwinnett County, Georgia, should be counted after they were originally rejected for an omitted or incorrect birth year.

Under Georgia law, an eligible voter can request an absentee ballot by completing an application 180 days before the election date. Once the application is received, the county registrar confirms the voter’s eligibility by comparing the applicant’s information with the information on file with the county’s registrar. Once confirmed, the registrar mails the absentee ballot to the eligible voter.

Certain voters who sent in a mail-in absentee ballot were rejected because of omitted or incorrect birth dates. Section 10101(a)(2)(B) of the Civil Rights Act forbids disqualifying voters “because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election.” Since absentee-ballot voters had to submit an application that was approved by the county’s registrar, the omitted or incorrect birth date on the ballot was immaterial to confirm the eligible voter’s identity.

The judge ordered that those rejected mail-in absentee ballots should be counted in the midterm election and to delay certification until those ballots have been counted. In a separate case, a federal judge on Monday ordered Georgia to delay certification of the election results pending consideration of provisional ballots cast due to flaws in the state’s registration system