A federal judge on Monday ordered Georgia take steps to protect
provisional ballots and to wait until Friday to certify the results of
the midterm elections that include an unsettled race for governor.
Lauren Groh-Wargo, Abrams campaign manager, announced Judge Amy Totenberg's decision late Monday. WSBTV.com
reported that the judge’s 56-page
ruling could affect thousands of provisional ballots. Groh-Wargo called the ruling "good news."
Brian
Kemp, her Republican challenger, issued a statement a day earlier
calling for Abrams to concede. Kemp has declared victory and said it is
"mathematically impossible" for her campaign to force a runoff.
Abrams' campaign did not immediately respond to a phone call from Fox News late Monday night.
Abrams,
44, a Democrat, has maintained that she will not concede until every
vote has been counted, and pointed to the 5,000 votes tallied over the
weekend that favored her.
Totenberg, who was appointed by
President Obama, ruled in connection to Common Cause's lawsuit filed on
Nov. 5. Totenberg's order doesn't change the Tuesday deadline for
counties to certify their results.
Common Cause, a nonpartisan
group, claimed in the suit that Kemp, while secretary of state, failed
to maintain "the security of voter information despite known
vulnerabilities" leading up to the midterm. The suit blasted the state's
"provisional ballot scheme," that could disenfranchise a registered
voter at the ballot box.
The suit pointed out cases where voters
were turned around after computer glitches and cases where voters were
not offered provisional ballots. One man voted for decades and was
“disturbed” to learn his registration history was erased.
The court ruled that the secretary of state’s office must establish a hotline and publicize it on
its website
for voters to see if their provisional ballots were counted. Totenberg
also ruled that Georgia must not certify the election results before
Friday at 5 p.m., which falls before the Nov. 20 deadline set by state
law.
"I am fighting to make sure our democracy works for and
represents everyone who has ever put their faith in it. I am fighting
for every Georgian who cast a ballot with the promise that their vote
would count," Abrams said in a statement explaining her refusal to end
her bid to become the first black woman elected governor in American
history.
A total of 21,190 provisional ballots were cast in the
state during the midterm, 12,151 were cast in 2014. Four
Democratic-leaning counties with the largest number of provisional
ballots -- Cobb, DeKalb, Fulton, and Gwinnett – “had not yet reported
their numbers to the secretary as of November 11,” the suit said.
The
lawsuit also asked that provisional ballots cast by a voter registered
in another county be counted as if the voter had shown up at the wrong
precinct. The lawsuit says that of the 1,556 provisional ballots Fulton
County reported having rejected by Nov. 9, nearly 1,000 were
disqualified because they were cast by voters whose registration records
showed them registered in another county.
Edgardo Cortes, who
currently works as an election security adviser at New York University,
said these uncounted provisional ballots could sway the election and,
despite Kemp’s claims, his unofficial vote total is so close to 50
percent, a runoff is possible.
Kemp was up 50.2 percent to Abrams'
48.7 percent early Tuesday. More than 3.9 million votes were cast in
the election, and Abrams would need to acquire more than 20,000
additional votes to force a runoff.
Abrams' campaign
filed a lawsuit Sunday
asking a federal court to push the deadline for counties to certify
their results to Wednesday, while also requiring that elections
authorities count certain provisional and absentee ballots that have
been or would be rejected for "arbitrary reasons."
“This ruling is
a victory for the voters of Georgia because we are all stronger when
every eligible voter is allowed to participate in our elections,” Sara
Henderson, executive director for Common Cause Georgia, which filed
the lawsuit,
told AJC.com.