ATLANTA — On Saturday, civil rights organizations, including the Southern Poverty Law Center (SPLC), the Legal Defense Fund (LDF), the American Civil Liberties Union (ACLU) and the ACLU of Georgia, reached a settlement with the Gwinnett County Board of Registrations and Elections on behalf of voters who were in danger of not being able to cast their vote via absentee ballot.
In response to the civil rights organizations’ lawsuit, Gwinnett County agreed to individually contact voters who have not yet returned their ballots to notify them that they can request a replacement ballot, and to send the replacement ballots by overnight delivery with prepaid return envelopes included.
“Democracy doesn’t take into consideration how you vote, only that you participate in the election process,” said Bradley Heard, deputy legal director, SPLC. “Votes cast by mail carry the same weight as those cast in person, and every voice deserves to be heard. The SPLC will always stand with voters, champion their rights, protect their voices, and ensure that every voice is heard and every vote is respected.”
If voters who requested an absentee ballot are currently in Georgia, they also have the option of canceling their absentee ballot and voting in person on Election Day. If voters are impacted by delayed ballots, they should notify the nonpartisan Election Protection Hotline at 866-OUR-VOTE (866-687-8683).
“Our elections can only work properly if every voter has fair access to the ballot,” said Pilar Whitaker, senior counsel, Legal Defense Fund. “We are pleased the county agreed to notify affected voters and overnight them the ballots they were owed. We sincerely hope the delays will not impact any more voters, and we look forward to working with county officials in future elections to ensure unnecessary delays do not strip people of their constitutional right to vote.”
“Every eligible voter deserves a meaningful opportunity to cast their ballot, regardless of whether they vote in person or by mail,” said Will Hughes, staff attorney, ACLU Voting Rights Project. “This agreement is an important step toward making sure Gwinnett County voters who have been waiting for their absentee ballots have a path to make their voices heard. Our focus now is on ensuring every affected voter knows their options and has the resources they need.”
Last week, the groups filed an emergency lawsuit on behalf of nearly 2,000 Gwinnett County voters against the Gwinnett County Board of Registrations and Elections, alleging that Nathan Doyle Huntington and 1,819 other lawfully registered Gwinnett County voters did not receive their requested absentee ballots on time, resulting in return rates drastically below the state average. The delays primarily impacted ballots issued after Oct. 6 and were also seen in Cobb and DeKalb counties, affecting about 10,000 voters in total across the three counties.
“Georgians have the right to have their voices heard regardless of whether they vote in person or absentee,” said Raneem Ashrawi, staff attorney, ACLU of Georgia. “We’re proud to partner with advocacy organizations who share our commitment to protecting voter access. We hope this settlement provides impacted voters with the necessary information and resources.”
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The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements and advance the human rights of all people. For more information, visit www.splcenter.org.
The Legal Defense Fund (LDF) is the nation’s first nonpartisan civil rights legal organization. LDF has been completely separate from the NAACP since 1957, though it was founded in 1940 under the leadership of Thurgood Marshall while he was at the NAACP.
About the ACLU
For more than 100 years, the ACLU has worked in courts, legislatures and communities to protect the constitutional rights of all people. With a nationwide network of offices and millions of members and supporters, the ACLU takes on the toughest civil liberties fights in pursuit of liberty and justice for all.
About the ACLU of Georgia
The ACLU of Georgia enhances and defends the civil liberties and rights of all Georgians through legal action, legislative and community advocacy, and civic education and engagement. We are an inclusive, nonpartisan and statewide organization powered by our members, donors and active volunteers.
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