Raphael Warnock and his Democratic Party allies have sued the state after Secretary of State Brad Raffensperger prohibited early voting for Warnock’s Senate runoff against Herschel Walker from beginning on Saturday, Nov. 26.
Halting early voting that day—the Secretary of State’s office had said the day falls too close to Thanksgiving and violates state law—would reduce the number of early voting days from six to five for the Dec. 6 runoff.
The plaintiffs asked the court to enjoin Raffensperger from telling counties they couldn’t begin early voting that day.
They said in the lawsuit, filed Monday in Fulton County Superior Court, that the law requires advance voting to begin no later than Monday, Nov. 28 and that it start “as soon as possible.” And they noted that both Raffensperger and his deputy, Gabriel Sterling, had stated publicly on Nov. 9—the day after Election Day, when Raffensperger was reelected to a second four-year term—that they anticipated voting would begin in counties that chose to do so on Nov. 26.
The plaintiffs, also including the Democratic Party of Georgia and the DSCC, a Democratic senatorial committee, argue that Raffensperger has since misread a passage of the law in question meant to apply to primaries and general elections, to also apply to runoffs.
The law’s passage setting the schedule for early voting appears to bar early voting from being held on the Saturday in question, as it is within two days of Thanksgiving. Warnock and his fellow plaintiffs argue that the prohibition doesn’t apply to runoffs and that they should begin “as soon as possible.”
The state overhauled its election laws following the controversial 2020 presidential election and two runoffs for the Georgia Senate. Two Republican senators were defeated, and Warnock and Jon Ossoff were elected in their place. One of the reforms shortened the wait for a runoff from nine to four weeks, and this was the first general election since those laws were passed.
Logic and Accuracy Tests
One underlying element may be the legal necessity of beginning required “logic and accuracy” testing on the polls no less than three days before the election. Logic and accuracy tests are thorough tests guaranteeing that the polls’ electronic voting system accurately counts votes cast.If early voting starts Monday, Nov. 28, the state can begin on Friday, Nov. 25, the day after Thanksgiving. But if early voting starts Saturday, Nov. 26, the state would either have to begin Wednesday, Nov. 23 and work through the holiday or start even earlier, a few days from now.
The Official Election Bulletin, released by state Elections Division Director Blake Evans on Nov. 12, noted that counties may begin early voting before Thanksgiving if they can complete preparations. And they may hold early voting Sunday, Nov. 27. But the bulletin stated that they may not have early voting on Thanksgiving, on Friday, Nov. 25, or on Saturday, Nov. 26.
Logic and accuracy tests are essential, Marci McCarthy, DeKalb County Republican Party chairman, told The Epoch Times earlier.
DeKalb’s failure to repeat them when a Democratic candidate dropped out of a county commission primary late in the campaign left a computer error that forced a hand recount. McCarthy said the candidate who placed third ultimately won after thousands of votes erroneously not given to her were restored.
Also undergirding the dispute are assumptions about runoff turnout. Historically, Republicans have done a better job in Georgia getting their voters back for a runoff than the Democrats have, and a shortening of the early voting period might be seen as benefiting the GOP candidate.
Neither Warnock nor Walker reached the 50 percent threshold to win on Nov. 8. Their race is the last Senate race undecided in the nation, with the Democrats holding a 50-49 lead over the Republicans.
If Walker wins, the Senate will maintain its current 50-50 split, with Vice President Kamala Harris holding the tie-breaking vote. If Warnock wins, the Democrats will improve to a narrow majority.
The Friday after Thanksgiving is also a state holiday. It was formerly celebrated as Robert E. Lee’s birthday. That designation has been dropped, but the holiday has been maintained.
Warnock and the Democrats are represented by attorneys Adam M. Sparks and Joyce Gist Lewis of Atlanta and the Elias Law Group of Washington, D.C.
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