(Photo: Diego M. Radzinschi/ALM_

Georgia Secretary of State Brad Raffensperger has postponed the May 19 election to June 9.

The announcement came on Thursday—a day after the filing of a federal lawsuit alleging that postage on absentee ballots constitutes an unconstitutional poll tax.

The group filing the lawsuit immediately renewed the call for postage-paid envelopes to go with mail-in ballots. Democratic groups backed that request—and added a few more.

Also Wednesday, two voting rights groups asked the secretary of state to mail absentee ballots to all registered voters, not only active voters. New Georgia Project and Advancement Project National Office said they sent a letter to Gov. Brian Kemp and Raffensperger "demanding immediate changes" to the state's upcoming primary election procedures in response to the COVID-19 pandemic to protect voting rights. The letter asked the secretary of state to streamline the absentee ballot application and return process and to expand early voting time.

Later Wednesday, the governor extended the current public health state of emergency until May 13. Raffensperger noted that legislative leaders Lt. Gov. Geoff Duncan and House Speaker David Ralston supported Kemp's extension. At the same time, Kemp extended the statewide shelter-in-place order to April 30, 2020. He also suspended all vacation rentals.

At 7 p.m. Wednesday, the Georgia Department of Community Health COVID-19 daily status report exceeded 10,000 cases for the first time—10,204—300 more since noon, with 2,089 people hospitalized and 370 deaths.

"Due to the governor's extension of the state of emergency through a time period that includes almost every day of in-person voting for an election on May 19, and after careful consideration, I am now comfortable exercising the authority vested in me by Georgia law to postpone the primary election until June 9," Raffensperger said. "This decision allows our office and county election officials to continue to put in place contingency plans to ensure that voting can be safe and secure when in-person voting begins and prioritizes the health and safety of voters, county election officials, and poll workers."

Raffensperger cited his authority under O.C.G.A. § 21-2-50.1 to postpone the election—which includes the statewide general primary, presidential preference primary and nonpartisan judicial contests. The code section pertains to postponing qualifying and elections in a time of disaster or when a governor declares a state of emergency.

Raffensperger said the governor's emergency declaration allayed his previously expressed concerns about whether he had the authority to delay an election. He said the extended order including almost every day of in-person voting for a May 19 election is sufficient to allow him to use his emergency authority.

Also, Raffensperger said he's had reports of mounting difficulties from county election officials, particularly in the southwest Georgia area around Albany in Dougherty County. Dougherty has suffered more deaths—62 now—than Atlanta's Fulton County—42. Election officials could not overcome the challenges brought on by COVID-19 in time for in-person voting to begin on April 27.

Raffensperger cited current modeling by the U.S. Centers for Disease Control and Prevention and by the Institute for Health Metrics and Evaluation projects showing the COVID-19 pandemic in Georgia will peak around April 24. That projected peak is only days before in-person voting was scheduled to begin. He said the additional three weeks will allow much-needed time for finding additional poll workers, supplies, equipment and disinfecting cleaning.

Raffensperger released a timeline graphic showing that June 9 is the latest possible date for the primary to keep on track for the general election on Nov. 3.

"I certainly realize that every difficulty will not be completely solved by the time in-person voting begins for the June 9 election, but elections must happen even in less than ideal circumstances," Raffensperger said. "Just like our brave healthcare workers and first responders, our county election officials and poll workers are undertaking work critical to our democracy, and they will continue to do this critical work with all the challenges that the current crisis has brought forth. This postponement allows us to provide additional protection and safety resources to county election officials, poll workers, and voters without affecting the November election."

The voter registration deadline for the June 9 election will be May 11. Early voting will begin on May 18. The runoff will be Aug. 11. Absentee ballot applications for the upcoming primary election will continue to be accepted and processed by counties, even if the application said May 19. Once county election officials properly verify the signature on the application, the voter will be sent an absentee ballot for the primary election now to be held on June 9, Raffensperger said.

The ACLU of Georgia, which filed the absentee ballot lawsuit Wednesday, renewed the call Thursday for the state to pay for postage.

"Given the additional disruption to the election, it is even more imperative that the secretary of state provide prepaid postage for all absentee ballot applications and absentee ballots during the 2020 election cycle to ensure safe and equal access for all Georgia voters," Christopher Bruce, political director of the ACLU of Georgia, said in an email.

ACLU of Georgia filed the lawsuit on behalf of Black Voters Matter, described as "a non-partisan civic organization whose goal is to increase power in communities of color."

"This case is about protecting American democracy at a time when we are facing a worldwide pandemic," the complaint said. "Though the stakes are high, the legal claim is simple. The United States Constitution (through the Twenty-Fourth and Fourteenth Amendments) bans poll taxes. Georgia election officials require voters to use their own postage when submitting mail-in absentee ballots and applications. Postage costs money. Thus, Defendants have imposed a poll tax in violation of the Constitution."

The complaint described those "who live on shoestring budgets and lack access to all the resources such as time, money, and transportation that wealthier people take for granted."

Postage poses a burden "unfathomable to wealthier people," the complaint said. "Many lower-income voters do not have postage stamps. They no longer need to use them or have never needed to use them. They cannot be expected to needlessly expose themselves to the pandemic just to get stamps in order to vote."

Thursday's announcement marks the second time the pandemic has postponed the primary.

"Democrats, Republicans, and voting rights advocates alike supported the unprecedented decision to postpone the presidential primary to coincide with the previously scheduled state primary date next month," Fair Fight Action CEO Lauren Groh-Wargo said Thursday. "But changing the election date again does not change the fact that the secretary of state has failed to provide return postage for applications and ballots, and it does not change the fact that he is putting an undue burden and unfunded mandate on counties by failing to centralize the absentee voting operation in the state. Rather than improving election administration amid this pandemic, he is wasting time and resources on a so-called fraud task force to intimidate voters. COVID-19 will remain a threat to our democracy and will likely be present this entire year, so there is plenty that the secretary of state could be doing to provide for safe and accessible voting both by mail and in person so that every eligible Georgian's vote can be cast and is counted."

Georgia Democrats expressed concern that the pandemic will still affect the new election date and urged the Republican leadership to make more adjustments.

"The secretary of state's preliminary steps to expand Georgia's preexisting vote-by-mail program are insufficient," Democratic Party of Georgia voter protection director Saira Draper said. "Delaying Georgia's election does not ensure either public safety or Georgians' right to vote without the secretary of state taking further action to make vote by mail truly accessible for all Georgians—that means providing paid postage, counting all ballots postmarked by Election Day and mailing vote-by-mail ballots to all registered voters, not just some."