The Georgia Supreme Court ruled on Monday that approximately 3,200 delayed mail-in ballots in Cobb County mail-in must be received by 7 PM on Tuesday to be counted in the US election. This decision overturns a lower court’s ruling, which had permitted mail-in votes postmarked before 7 PM on Election Day to be counted until 5 PM on Friday for voters that were affected.

The Cobb County Board of Elections expects the case to be appealed to the US Supreme Court which will render the final decision. In the meantime, voters who requested an absentee ballot are still allowed to vote in person on election day if they are concerned their mail-in vote may not arrive on time.

Cobb County elections faced a surge in absentee ballot applications and equipment failures the day before the absentee voter registration deadline on November 1, 2024. As a result, county election officials were delayed in mailing out approximately 3,200 absentee ballots.

The initial lawsuit seeking an extension was launched by voters who were affected by the ballot delay in Cobb County, a Democratic Party stronghold. The lower court’s decision to allow an extension was subsequently appealed to the Georgia Supreme Court by the Republican National Committee.

The decision could have an outsized impact on the election, as Georgia is a key battleground state in a highly contested presidential election. This is due to the presidential election process, which relies on the Electoral College. In most states, the candidate who wins the popular vote, secure’s all of that state’s electoral votes.  As a result, even a small number of votes in a contested state such as Georgia could have a significant impact on the outcome of the elections.

The 2024 presidential election carries especially high stakes amid a rise in authoritarianism, with the outcome set to have a dramatic impact on the rule of law in the US, and the world by extension.