Judge rules Atlanta polls will remain open until 8 p.m.

Monday afternoon, Fulton County Superior Court Judge Melynee Leftridge ruled that all 81 city polling locations will stay open the extra hour, but voters who arrive between 7-8 p.m. won’t be allowed to vote in the special election and be required to cast provisional ballots.

City of Atlanta Attorney Patrise Perkins-Hooker notified Atlanta City Council members of the ruling by email Monday afternoon.

Atlanta’s lawsuit cited “improper directions” from the secretary of state’s office to county officials that say polls “must close by 7:00 p.m.” because of the special election.

Fulton County’s election director sent an email to the secretary of state’s office in July, asking whether the special Public Service Commission election — which shares a ballot with the municipal races — would have an impact on the polls’ closing time, according to emails included in the lawsuit.

An elections attorney for the secretary of state advised county officials that state law mandates polls close by 7 p.m.

“This special election is not limited to a City of Atlanta municipal election; it is being held in conjunction with a statewide special General Election,” the attorney wrote. “Therefore, it is governed by the same legal provisions that apply to special General Elections under the Elections Code … and must adhere to the 7:00 p.m. closing time.”

But Atlanta officials argued that state law dictates that polls “shall remain open continuously until 8:00 p.m.” during city elections.

A spokesperson for the city said in a statement that even a one-hour difference “can provide critical flexibility so that no eligible voter is turned away while attempting to participate in our democratic process.”

“We are seeking an order to keep the polls open until 8 p.m. as dictated by state law to ensure that every Atlanta voter has fair and equal access to the ballot box,” they said.

Officials with Fulton and DeKalb counties did not immediately respond to a request for comment.