A federal judge issued a ruling in Democrat Stacey Abrams lawsuit over the Georgia gubernatorial election. Last night, U.S. District Judge Steve Jones ruled that the secretary of state has confirmed that absentee ballots with missing or incorrect birthdates are counted.
Per a report by WSB Radio, Judge Jones, an Obama appointee, agreed to Abrams’ request to count absentee ballots with missing or incorrect birthdates but rejected several other requests by the Democratic candidate. Ballots cast by voters in the wrong county or with incorrect residence addresses will not be counted.
Under Georgia law, if a voter goes to the wrong precinct to vote, they are allowed to cast a provisional ballot. The provisional ballot is counted if the voter is determined to be a resident of the county and has not voted elsewhere. Several counties in Metro Atlanta reported that they rejected hundreds of ballots because people voted in a county where they were not a resident. In Fulton County, 972 ballots cast by out-of-county voters were rejected.
Abrams is about 19,000 votes short of being able to force a runoff. Austin Chambers, an advisor to Republican candidate Brian Kemp said on Twitter that the ruling would affect about 800 votes, “nowhere near enough to change the race. This is over.”
Even if the ruling does not change the outcome of the gubernatorial race, it may affect a still-undecided congressional race. Atlanta’s 11 Alive reported that the election for the seventh congressional district was still undecided. Republican incumbent Bob Woodall leads Democrat challenger Carolyn Bourdeaux by only 533 votes or 0.2 percent of the total. Georgia law allows candidates to ask for a recount if the margin in the election is less than one percent.
A similar ruling in a separate lawsuit filed by Bourdeaux required Gwinnett County to count absentee ballots with incorrect or missing birthdates as well. The Gwinnett County ruling was issued by Judge Leigh Martin May, also an Obama appointee, prior to yesterday’s ruling by Judge Jones. Per 11 Alive, the ruling affected at least 265 ballots with the birth year omitted and at least 58 ballots where the birth year was listed as 2018.
How long the recount of absentee ballots will take is uncertain at this point. The state deadline for certifying election was results was missed Tuesday due to the lawsuits. Under the new ruling, all of Georgia’s 159 counties will have to recount the absentee ballots and recertify their results.
Erick Erickson wrote on Resurgent, “There will be no recount and there will be no runoff. There are simply not enough votes. The only thing Democrats have left is to help [Democrat Secretary of State candidate] John Barrow get elected in the runoff.”
“On the upside, this is all almost over,” Erickson added.