The Democratic Party of Georgia, Democratic Senatorial Capaign Committee and Warnock for Georgia Tuesday filed a federal lawsuit against the State of Georgia after Secretary of State Brad Raffensperger barred polls from opening for early voting on November 26. The lawsuit seeks immediate relief in the form of a temporary restraining order or interlocutory injunction against Raffensperger’s order. Because both Senator Raphael Warnock, the incumbent Democrat, and Republican Herschel Walker failed to receive a the majority of the vote on November 8, the state will hold a runoff election on December 6.

Plaintiffs say that the window for voters to vote in the runoff election is already limited, and restricting options even further is unlawful. Raffensperger announced on November 9 that “some counties may likely have Saturday voting following Thanksgiving,” and his office would work with counties to ensure this opportunity be available to voters.

On November 12, Raffensperger’s office issued an “official election bulletin” stating that advance voting cannot be held on November 26 under Section 23-2-385(d)(1) of the Georgia Code because it falls on a Saturday that follows a state holiday on a Thursday or Friday. The complaint argues that Raffensperger’s interpretation of 23-2-385(d)(1) is erroneous because the legislature referred specifically to a primary or general election, but not to a runoff, so the holiday restriction on early voting should not apply.

Plaintiffs further state that section 21-2-385(d)(1)(B) of the Georgia Code requires counties to commence a “period of advance voting” for a runoff election as soon as possible, and the period should start “no later than the second Monday immediately prior to such runoff.” Under this statute, voting for the December 6 runoff election should begin no later than November 28.