Peach Tree Times

District Judge Leslie Abrams Gardner decided that voters in Ben Hill and Muscogee counties cannot be disqualified from voting in the Senate runoff election next week based solely on the fact that they filed change of address notices with the U.S. Postal Service (USPS).

With Gardner’s latest order, the defendant counties are enjoined from upholding challenges to the voters’ eligibility solely based on the address change notices with USPS. 

If the board obtains evidence of ineligibility, the voter will be advised in writing and by phone before Jan. 6, Gardner’s order states.

“Such voter will also be advised of the right to be heard and present evidence as to why the challenge to their ballot should be removed and their ballot should be counted,” the order states.

Gardner granted the preliminary injunction in part, saying that the voters may cast provisional ballots in the election and challenges to the voter's eligibility will not be sustained if there is not specific evidence of ineligibility.

The court found that while the plaintiffs failed to demonstrate a likelihood of success on the merits for its claims pertaining to Ben Hill County and that pertaining to Muscogee County, the plaintiffs demonstrated a likelihood of success on the merits in its claims.

Gardner agreed that aside from the change of address notices, any other form of proof of ineligibility could be brought forth.

Gardner had previously issued a temporary restraining order on Monday in the case for the counties, which made it so that the county boards couldn’t challenge more than 4,000 voters who had filed change of address notices with USPS.

A hearing was held on Wednesday regarding the temporary injunction and Gardner ruled on it after the hearing. She said the plaintiffs had established that the defendants’ challenged conduct based solely on the change of address notices likely violated the National Voter Registration Act.