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Georgia court declines to halt Sat. early runoff voting

Georgia’s laws allow early voting. An appeals court on Monday, left in place a lower court order allowing counties to offer early voting on the Saturday after Thanksgiving in the state’s Senate runoff election between Democratic Sen. Raphael Warnock and Republican Herschel Walker. The Associated Press has the story:

Georgia court declines to halt Sat. early runoff voting

Newslooks- ATLANTA (AP)

A Georgia appeals court ruling on Monday means that counties can offer early voting this coming Saturday in the U.S. Senate runoff election between Democratic Sen. Raphael Warnock and Republican Herschel Walker.

FILE – Herschel Walker, the Republican candidate for U.S. Senate in Georgia, speaks during a campaign stop in Smyrna, Ga., Thursday, Nov. 3, 2022. Walker and Sen. Raphael Warnock meet Tuesday, Nov. 8, in Georgia’s Senate contest that could help determine which party controls the Senate for the next two years. More than 2.5 million Georgia voters have already cast ballots, about a 20% increase over advanced voting in 2018. (AP Photo/Todd Kirkland, File)

The Court of Appeals declined a request by the state to stay a lower court’s ruling that said state law allows early voting that day.

Republican Secretary of State Brad Raffensperger had told county election officials that early voting could not be held that day because state law says it is illegal on a Saturday if there is a holiday on the Thursday or Friday preceding it.

Judge Thomas A. Cox. Jr. listens to a plaintiff in a Fulton County Courthouse on Friday, Nov. 18, 2022, in Atlanta. A lawsuit was filed by the Democratic Party of Georgia, Democratic Senatorial Campaign Committee and the Warnock campaign that challenges guidance by Republican Secretary of State Brad Raffensperger, saying that it would be illegal to hold early voting on Saturday, Nov. 26, the day after a state holiday. (AP Photo/Brynn Anderson)

Warnock’s campaign, along with the Democratic Party of Georgia and the Democratic Senatorial Campaign Committee, sued last week to challenge that guidance.

Thursday is Thanksgiving, and Friday is a state holiday. The Saturday following those two holidays is the only possibility for Saturday voting before next month’s Senate runoff election between Warnock and Walker.

Democratic Sen. Raphael Warnock speaks during an election night watch party on Tuesday, Nov. 8, 2022, in Atlanta. (AP Photo/John Bazemore)

Fulton County Superior Court Judge Thomas Cox on Friday issued an order siding with the Warnock campaign and the Democratic groups. He found that the law cited by the state regarding Saturday voting after a holiday does not apply to a runoff election.

Attorney Uzoma Nkwonta, center, prepares to speak in a Fulton County Courthouse on Friday, Nov. 18, 2022, in Atlanta. A lawsuit was filed by the Democratic Party of Georgia, Democratic Senatorial Campaign Committee and the Warnock campaign that challenges guidance by Republican Secretary of State Brad Raffensperger, saying that it would be illegal to hold early voting on Saturday, Nov. 26, the day after a state holiday. (AP Photo/Brynn Anderson)

Lawyers for the state filed an appeal on Monday with the Georgia Court of Appeals. They asked the court to immediately stay the lower court ruling.

They argued in a court filing that the ruling was erroneous for procedural reasons but also that Cox was wrong to consider the runoff a separate type of election rather than a continuation of the general election.

In a one-sentence order Monday, the Georgia Court of Appeals declined to stay the lower court ruling.

It’s not clear how many counties will open polling places for voting on Saturday.

FILE – Georgia Secretary of State Brad Raffensperger is shown in this Oct. 18, 2022 file photograph speaking during the Atlanta Press Club Loudermilk-Young Debate Series in Atlanta. (AP Photo/Ben Gray File)

Warnock and Walker, a former football player, were forced into a Dec. 6 runoff because neither won a majority in the midterm election this month.

Georgia’s 2021 election law compressed the time period between the general election and the runoff to four weeks, and Thanksgiving falls in the middle. Many Georgians will be offered only five weekdays of early in-person voting beginning Nov. 28.

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