Replies

48.
The Georgia Election Code instructs those who handle absentee ballots
to follow a clear procedure:
Upon receipt of each [absentee] ballot, a registrar or clerk shall write
the day and hour of the receipt of the ballot on its envelope. The
registrar or clerk shall then compare the identifying information
on the oath with the information on file in his or her office, shall
compare the signature or make on the oath with the signature or
mark on the absentee elector’s voter card or the most recent update
to such absentee elector’s voter registration card and application for
absentee ballot or a facsimile of said signature or maker taken from
said card or application, and shall, if the information and signature
appear to be valid and other identifying information appears to be
correct, so certify by signing or initialing his or her name below the
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voter’s oath. Each elector’s name so certified shall be listed by the
registrar or clerk on the numbered list of absentee voters prepared
for his or her precinct.
O.C.G.A. § 21-2-386(a)(l )(B) (emphasis added).
49.
Under O.C.G.A. § 21-2-386(a)(l)(C), the Georgia Legislature also
established a clear and efficient process to be used by County Officials if
they determine that an elector has failed to sign the oath on the outside
envelope enclosing the ballot or that the signature does not conform with
the signature on file in the registrar’s or clerk’s office (a “defective absentee
ballot”).
50.
The Georgia Legislature also provided for the steps to be followed by
County Officials with respect to defective absentee ballots:
If the elector has failed to sign the oath, or if the
signature does not appear to be valid, or if the elector has failed
to furnish required information or information so furnished does
not conform with that on file in the registrar’s or clerk’s office,
or if the elector is otherwise found disqualified to vote, the registrar
or clerk shall write across the face of the envelope “Rejected,” giving
the reason therefor. The board of registrars or absentee ballot clerk
shall promptly notify the elector of such rejection, a copy of which
notification shall be retained in the files of the board of registrars or
absentee ballot clerk for at least one year.
O.C.G.A. § 21-2 -386(a) (l)(C) (emphasis added).
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I. DEFENDANTS’ UNAUTHORIZED ACTIONS VIOLATED THE
GEORGIA ELECTION CODE AND CAUSED THE PROCESSING OF
DEFECTIVE ABSENTEE BALLOTS.
51.
Notwithstanding the clarity of the applicable statutes and the
constitutional authority for the Georgia Legislature’s actions, on March 6,
2020, the Secretary of State of the State of Georgia, Secretary Raffensperger,
and the State Election Board, who administer the state elections (the
“Administrators”) entered into a “Compromise and Settlement Agreement
and Release” (the “Litigation Settlement”) with the Democratic Party of
Georgia, Inc., the Democrat Senatorial Campaign Committee, and the
Democratic Congressional Campaign Committee (collectively, the “Democrat
Party Agencies”), setting forth different standards to be followed by the clerks
and registrars in processing absentee ballots in the State of Georgia8.