ATLANTA — Today, 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, filed an emergency lawsuit on behalf of nearly 2,000 Gwinnett County voters who are on the brink of being denied their ability to vote by absentee ballot in the Nov. 3 midterm elections.
The suit, which was filed against the Gwinnett County Board of Registrations and Elections, alleges 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 have primarily impacted ballots issued after Oct. 6 and extend into Cobb and DeKalb counties, affecting about 10,000 voters in total.
“It is unacceptable that voters are experiencing delays of this scale when voting by absentee,” said Bradley Heard, deputy legal director, SPLC. “Absentee voting is an invaluable mechanism for voters who may otherwise be unable to cast their ballot. Gwinnett County voters, particularly voters of color, will not be deterred from having their voices heard this election, and we will do everything in our power to get their ballots counted.”
The suit urges the court to act quickly and defend voters from the failure of the Board of Registrations and Elections to issue absentee ballots in accordance with the law.
“Gwinnett County has a responsibility to voters but has refused so far to take all reasonable steps to rectify a known delay with absentee ballots,” said Pilar Whitaker, senior counsel, Legal Defense Fund. “Eligible voters in the county are on the brink of being disenfranchised at a time when the right to vote has already endured attacks on all sides.”
To ensure all Gwinnett County residents who requested to vote absentee are able to do so, the suit demands that the board:
- Send an absentee ballot by overnight mail to each affected voter whose ballot is still outstanding, including prepaid overnight return mailing, by 1 p.m. on Oct. 31.
- Notify potentially impacted voters of their options to ensure their ballots are counted.
- Accept and tabulate the absentee ballots of all affected voters that are received by Nov. 6, the statutory deadline for curing absentee ballots and for receipt of ballots from overseas and military voters for this election, provided they are postmarked by Nov. 3.
However, the court has not ruled yet, and impacted voters should contact the Gwinnett County Board of Registrations and Elections immediately and request an overnight ballot to ensure their ballots are received. Absentee voters can contact the board at 678-226-7210 or [email protected].
“No voter should lose their voice because an absentee ballot they requested never made it to their mailbox,” said Will Hughes, staff attorney, ACLU Voting Rights Project. “With Election Day just days away, Gwinnett County voters deserve immediate action to ensure they have a meaningful opportunity to cast their ballots and have them counted. We’re asking the court to step in because protecting the right to vote means making sure every eligible voter can actually exercise it.”
“Absentee voters in Gwinnett, through no fault of their own, face the imminent loss of their right to vote in the 2026 general election. Folks should be able to count on their government to do the bare minimum the law requires: Mail absentee ballots on time,” said Raneem Ashrawi, staff attorney, ACLU of Georgia. “The right to vote is our most fundamental constitutional right and the bedrock of all other rights. Gwinnett voters eligible to vote absentee should not pay the steep price of losing their voice because of failures by their local board of elections.”
The filing can be found here.
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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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