“It’s incredibly shameful that liberal lawyers are doubling down on lawsuits desperately trying to create more votes for Stacey Abrams,” the spokesman, Ryan Mahoney, said. “They don’t want to win this election. They are trying to steal it.”
Judge Totenberg did not issue her decision in one of the cases brought in recent days by Ms. Abrams’s campaign or the Democratic Party of Georgia, which raised, among other issues, concerns about requirements to count absentee ballots and the deadline for those ballots. Rather, her order was in connection to litigation filed by Common Cause, a nonpartisan group, which which brought its lawsuit on Nov. 5, one day before the election.
It was only on Monday night, though, that the judge intervened with such force.
“Repeated inaccuracies were identified in the voter registration system that caused qualified voters likely to lose their vote or to be channeled at best into the provisional voting process because their registration records did not appear or had been purged from the data system,” Judge Totenberg, an appointee of former President Barack Obama, wrote.
She added that she had concluded that there was “evidence that certain counties and precincts stintingly provided provisional ballots to voters despite the volume of individuals facing registration issues at the polls.”
Although Judge Totenberg described her order as offering “modest relief,” it could have substantial repercussions as the state tries to complete the process of electing its 83rd governor. In addition to postponing the certification of the vote, Judge Totenberg ordered the secretary of state’s office to create a hotline or website so people who had cast provisional ballots could “determine whether their provisional ballots were counted and if not, the reason why.”
She also ordered that elections officials review the eligibility of many people who cast provisional ballots because of registration issues.
“The right to vote is fundamental, and no one should lose that right because of mistakes in the voter registration database,” Myrna Perez, one of the lawyers involved in the case, said in a statement. “The Georgians who voted in this election deserve better than what the state wanted to give them.”