The orders, issued by federal judge Charles A. Pannell, Jr. in response
to motions made separately by Georgia Secretary of State Cathy Cox and the
U.S. Department of Justice, authorize Georgia election officials to extend
submitted by overseas voters who applied for an absentee ballot on or before
June 21. Special procedures for expedited delivery and an extension of the
counting period for such ballots are also authorized for the Aug. 10 primary
runoff.
Cox, who serves as the state's chief election official, and the Department
of Justice had sought relief from the court to address problems created by
delays that occurred in some Georgia counties in the printing and mailing
of absentee ballots to overseas voters. A federal law, the Uniformed and
Overseas Citizens Absentee Voting Act, includes provisions designed to guarantee
that military and civilian citizens residing overseas have an opportunity
to cast a valid ballot in elections that include federal candidates, if the
voter makes a request for an absentee ballot within 30 days of an election.
Under Georgia law, absentee ballots are prepared, mailed, received and tabulated
"I am extremely pleased that the federal court has given us authority
to take special measures that can help assure that every overseas Georgia
voter has an adequate opportunity to cast a vote in the upcoming primary
and primary runoff," said Cox. "Because of delays caused in part
reapportion legislative districts in March, and by operational issues that
delayed the printing of some counties' ballots, not all of our counties
sent ballots out in time to comply with federal standards.
"These new court-authorized measures, including delivery by fax and
courier as well as a three-day extension of vote counting for this group
of voters, will help us assure that Georgians residing overseas, including
our men and women in uniform across the globe, will have a full opportunity
to make their voices heard in these important elections.�I am grateful to
the court for giving us the tools we need to assure military and civilian
overseas voters can exercise their most important right of citizenship: voting," Cox
added.
A survey of county voter registrars conducted by the state Elections Division
found that some 412 overseas voters had submitted absentee ballot requests
30 days or more prior to the election but did not have ballots mailed to
them within the 30-day window and, of that group, 372 ballots had not yet
been returned to county registrars.
These two federal court orders address this problem, and the short time
period available for voting by absentee within the 21-day period before the
runoff, through a number of mechanisms (complete information on voting procedures
for overseas voters is available at www.sos.state.ga.us):
- Fax. The Secretary of State and the registrars of Georgia's
159 counties are authorized to send requested ballots to voters by facsimile
transmission or e-mail and to accept the return of voter oaths and voted
ballots to a single secure facsimile machine under the supervision of the
Secretary of State. Fax transmissions may be sent directly to the State Election
Division at 404-657-5371, or to the Federal Voting Assistance Program at
one of the following Toll free FVAP numbers: (800) 368-8683; (703) 693-5527;
DSN 223-5527. Citizens should be sure to fax the entire ballot including
any oath or signature required on the ballot-mailing envelope. All ballots
must be voted, transmitted and received by 7 p.m. EDT Aug. 10 for the runoff.
- Federal write-in ballot. The orders permit UOCAVA-protected overseas
voters to use the Federal Write-In Absentee Ballot, which allows voters who
have not received a ballot from their county to use a federal write-in form
on which candidate choices are written.
- Extending the deadline for receipt of mailed absentee ballots. The
orders extend the deadline for receipt of absentee ballots mailed







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