Georgia 2023-2024 Regular Session

Georgia House Bill HB1060 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	24 LC 47 2722
2	2	House Bill 1060
3	3	By: Representatives Scott of the 76
4	4	th
5	5	, Schofield of the 63
6	6	rd
7	7	, and Davis of the 87
8	8	th
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	To comprehensively revise elections and voting by repealing Act No. 9 (Senate Bill No. 202)
13	13	1
14	14	approved on March 25, 2021 (Ga. L. 2021, p. 14); to amend Chapter 2 of Title 21 of the2
15	15	Official Code of Georgia Annotated, relating to elections and primaries generally, so as to3
16	16	revise certain definitions; to remove authority of the Attorney General to establish and4
17	17	maintain a telephone hotline; to restore the Secretary of State as the chairperson of the State5
18	18	Election Board; to remove certain powers and authority of the State Election Board; to6
19	19	remove certain additional requirements on the State Election Board's power to adopt7
20	20	emergency rules and regulations; to remove limitations on election superintendents or boards8
21	21	of registrars accepting private funding; to revise the qualifications of poll workers; to remove9
22	22	provisions relative to local election officials; to provide for handling the death of a candidate;10
23	23	to remove provisions relative to a state list of eligible electors; to revise the criteria and11
24	24	methods for the reduction in size of precincts under certain circumstances; to revise the form12
25	25	of ballots; to revise procedures and standards for challenging electors; to provide for notice13
26	26	when polling places are relocated; to provide for the number of voting booths in precincts14
27	27	where optical scanning voting systems are used; to provide for electronic ballot marker15
28	28	testing; to provide for the time and manner for applying for absentee ballots; to revise the16
29	29	manner of processing of absentee ballot applications; to revise the time and manner of17
30	30	issuing absentee ballots; to revise for the manner of voting and returning absentee ballots;18
31	31	H. B. 1060
32	32	- 1 - 24 LC 47 2722
33	33	to revise the times for advance voting; to revise the manner of processing and tabulating
34	34	19
35	35	absentee ballots; to revise and repeal certain sanctions; to provide for poll watchers; to20
36	36	remove certain restrictions on the distribution of certain items within close proximity to the21
37	37	polls on election days; to revise the manner of voting and processing of provisional ballots;22
38	38	to revise the time for runoffs; to revise the deadline for election certification; to provide for23
39	39	special elections generally; to amend Chapter 35 of Title 36 of the Official Code of Georgia24
40	40	Annotated, relating to home rule powers, so as to repeal the delay of reapportionment of25
41	41	municipal corporation election districts when census numbers are delayed; to amend Title 5026
42	42	of the Official Code of Georgia Annotated, relating to general provisions regarding state27
43	43	government, so as to repeal certain limitations on the submission and suspension of28
44	44	emergency rules by the State Election Board; to repeal certain provisions making scanned29
45	45	ballot images public records; to provide for related matters; to provide for an effective date;30
46	46	to repeal conflicting laws; and for other purposes.31
47	47	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:32
48	48	SECTION 1.33
49	49	Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and34
50	50	primaries generally, is amended by revising paragraph (35) of Code Section 21-2-2, relating35
51	51	to definitions, as follows:36
52	52	"(35) 'Superintendent' means:37
53	53	(A) Either the judge of the probate court of a county or the county board of elections,38
54	54	the county board of elections and registration, the joint city-county board of elections,39
55	55	or the joint city-county board of elections and registration, if a county has such;40
56	56	(B) In the case of a municipal primary, the municipal executive committee of the41
57	57	political party holding the primary within a municipality or its agent or, if none, the42
58	58	county executive committee of the political party or its agent;43
59	59	H. B. 1060
60	60	- 2 - 24 LC 47 2722
61	61	(C) In the case of a nonpartisan municipal primary, the person appointed by the proper
62	62	44
63	63	municipal executive committee; and
64	64	45
65	65	(D) In the case of a municipal election, the person appointed by the governing46
66	66	authority pursuant to the authority granted in Code Section 21-2-70; and47
67	67	(E) In the case of the State Election Board exercising its powers under subsection (f)48
68	68	of Code Section 21-2-33.1, the individual appointed by the State Election Board to49
69	69	exercise the power of election superintendent."50
70	70	SECTION 2.51
71	71	Said chapter is further amended by revising Code Section 21-2-3, relating to telephone52
72	72	hotline for electors reporting voter intimidation or illegal election activities, as follows:53
73	73	"21-2-3.54
74	74	The Attorney General shall have the authority to establish and maintain a telephone hotline55
75	75	for the use of electors of this state to file complaints and allegations of voter intimidation56
76	76	and illegal election activities. Such hotline shall, in addition to complaints and reports57
77	77	from identified persons, also accept anonymous tips regarding voter intimidation and58
78	78	election fraud. The Attorney General shall have the authority to review each complaint or59
79	79	allegation of voter intimidation or illegal election activities within three business days or60
80	80	as expeditiously as possible and determine if such complaint or report should be61
81	81	investigated or prosecuted Reserved."62
82	82	SECTION 3.63
83	83	Said chapter is further amended by revising Code Section 21-2-30, relating to creation,64
84	84	membership, terms of service, vacancies, quorum, bylaws, meetings, and executive director,65
85	85	as follows:66
86	86	H. B. 1060
87	87	- 3 - 24 LC 47 2722
88	88	"21-2-30.
89	89	67
90	90	(a) There is created a state board to be known as the State Election Board,
91	91	. On and after68
92	92	July 1, 2024, such board shall to be composed of a chairperson elected by the General69
93	93	Assembly the Secretary of State, an elector to be elected by a majority vote of the Senate70
94	94	of the General Assembly at its regular session held in each odd-numbered year, an elector71
95	95	to be elected by a majority vote of the House of Representatives of the General Assembly72
96	96	at its regular session held in each odd-numbered year, and a member of each political party73
97	97	to be nominated and appointed in the manner provided in this Code section. No person74
98	98	while a member of the General Assembly shall serve as a member of the board. 75
99	99	(a.1)(1) The chairperson shall be elected by the General Assembly in the following76
100	100	manner: A joint resolution which shall fix a definite time for the nomination and election77
101	101	of the chairperson may be introduced in either branch of the General Assembly. Upon78
102	102	passage of the resolution by a majority vote of the membership of the Senate and House79
103	103	of Representatives, it shall be the duty of the Speaker of the House of Representatives to80
104	104	call for the nomination and election of the chairperson at the time specified in the81
105	105	resolution, at which time the name of the qualified person receiving a majority vote of the82
106	106	membership of the House of Representatives shall be transmitted to the Senate for83
107	107	confirmation. Upon the qualified person's receiving a majority vote of the membership84
108	108	of the Senate, he or she shall be declared the duly elected chairperson; and the Governor85
109	109	shall be notified of his or her election by the Secretary of the Senate. The Governor is86
110	110	directed to administer the oath of office to the chairperson and to furnish the chairperson87
111	111	with a properly executed commission of office certifying his or her election. 88
112	112	(2) The chairperson of the board shall be nonpartisan. At no time during his or her89
113	113	service as chairperson shall the chairperson actively participate in a political party90
114	114	organization or in the campaign of a candidate for public office, nor shall he or she make91
115	115	any campaign contributions to a candidate for public office. Furthermore, to qualify for92
116	116	appointment as chairperson, in the two years immediately preceding his or her93
117	117	H. B. 1060
118	118	- 4 - 24 LC 47 2722
119	119	appointment, a person shall not have qualified as a partisan candidate for public office,
120	120	94
121	121	participated in a political party organization or the campaign of a partisan candidate for95
122	122	public office, or made any campaign contributions to a partisan candidate for public96
123	123	office. 97
124	124	(3) The term of office of the chairperson shall continue until a successor is elected as98
125	125	provided in paragraph (1) of this subsection. In the event of a vacancy in the position of99
126	126	chairperson at a time when the General Assembly is not in session, it shall be the duty of100
127	127	the Governor and the Governor is empowered and directed to appoint a chairperson101
128	128	possessing the qualifications as provided in this subsection who shall serve as chairperson102
129	129	until the next regular session of the General Assembly, at which time the nomination and103
130	130	election of a chairperson shall be held by the General Assembly as provided in104
131	131	paragraph (1) of this subsection.105
132	132	(b) A member elected by a house of the General Assembly shall take office on the day106
133	133	following the adjournment of the regular session in which elected and shall serve for a term107
134	134	of two years and until his or her successor is elected and qualified, unless sooner removed.108
135	135	An elected member of the board may be removed at any time by a majority vote of the109
136	136	house which elected him or her. In the event a vacancy should occur in the office of such110
137	137	a member of the board at a time when the General Assembly is not in session, then the111
138	138	President of the Senate shall thereupon appoint an elector to fill the vacancy if the prior112
139	139	incumbent of such office was elected by the Senate or appointed by the President of the113
140	140	Senate; and the Speaker of the House of Representatives shall thereupon appoint an elector114
141	141	to fill the vacancy if the prior incumbent of such office was elected by the House of115
142	142	Representatives or appointed by the Speaker of the House of Representatives. A member116
143	143	appointed to fill a vacancy may be removed at any time by a majority vote of the house117
144	144	whose presiding officer appointed him or her.118
145	145	(c) Within 30 days after April 3, 1968, the state executive committee of each political119
146	146	party shall nominate a member of its party to serve as a member of the State Election Board120
147	147	H. B. 1060
148	148	- 5 - 24 LC 47 2722
149	149	and, thereupon, the Governor shall appoint such nominee as a member of the board to serve
150	150	121
151	151	for a term of two years from the date of the appointment and until his or her successor is122
152	152	elected and qualified, unless sooner removed. Thereafter, such state executive committee123
153	153	shall select a nominee for such office on the board within 30 days after a vacancy occurs124
154	154	in such office and shall also select a nominee at least 30 days prior to the expiration of the125
155	155	term of each incumbent nominated by it; and each such nominee shall be immediately126
156	156	appointed by the Governor as a member of the board to serve for the unexpired term in the127
157	157	case of a vacancy, and for a term of two years in the case of an expired term. Each128
158	158	successor, other than one appointed to serve an unexpired term, shall serve for a term of129
159	159	two years; and the terms shall run consecutively from the date of the initial gubernatorial130
160	160	appointment. No person shall be eligible for nomination by such state executive committee131
161	161	unless he or she is an elector and a member in good standing of the political party of the132
162	162	committee. Such a member shall cease to serve on the board and his or her office shall be133
163	163	abolished if and when his or her political organization shall cease to be a 'political party'134
164	164	as defined in Code Section 21-2-2.135
165	165	(d) The Secretary of State shall be an ex officio nonvoting member
166	166	the chairperson of the136
167	167	board. Three voting members of the board shall constitute a quorum, and no vacancy on137
168	168	the board shall impair the right of the quorum to exercise all the powers and perform all the138
169	169	duties of the board. The board shall adopt a seal for its use and bylaws for its own139
170	170	government and procedure.140
171	171	(e) Meetings shall be held whenever necessary for the performance of the duties of the141
172	172	board on call of the chairperson or whenever any two of its members so request. Minutes142
173	173	shall be kept of all meetings of the board and a record kept of the vote of each member on143
174	174	all questions coming before the board. The chairperson shall give to each member of the144
175	175	board prior notice of the time and place of each meeting of the board.145
176	176	(f) If any member of the board, other than the Secretary of State, shall qualify as a146
177	177	candidate for any public office which is to be voted upon in any primary or election147
178	178	H. B. 1060
179	179	- 6 - 24 LC 47 2722
180	180	regulated by the board, that member's position on the board shall be immediately vacated
181	181	148
182	182	and such vacancy shall be filled in the manner provided for filling other vacancies on the149
183	183	board.150
184	184	(g) On and after July 1, 2023, the board shall be a separate and distinct budget unit as
185	185	151
186	186	defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided,152
187	187	however, that the board shall be attached for administrative purposes only to the office of153
188	188	the Secretary of State as provided for in Code Section 50-4-3. The board shall neither be154
189	189	under the jurisdiction of the Secretary of State nor shall it be considered a division of the155
190	190	office of the Secretary of State.156
191	191	(h) The board shall have the power to appoint an executive director who shall be a157
192	192	full-time employee of the board. The executive director shall serve at the pleasure of the158
193	193	board, and the board shall in its discretion appoint and fix the compensation of the159
194	194	executive director. The executive director shall be charged with such duties and powers160
195	195	as provided in this Code section or as delegated by the board. The executive director shall161
196	196	serve as the secretary of the board ex officio but shall not be a voting member of the board162
197	197	or a member for the purposes of constituting a quorum.163
198	198	(i) The executive director and other employees of the board shall be reimbursed for travel164
199	199	and other expenses incurred in the performance of their duties in the same manner as165
200	200	officers and employees of the office of the Secretary of State.166
201	201	(j) Venue of any action involving members of the board shall be the county in which is167
202	202	found the primary office of the board. Any notice or legal process necessary to be served168
203	203	upon the board may be served upon the executive director, but the executive director shall169
204	204	not be considered a member of the board in determining the venue of any such action, and170
205	205	no court shall have jurisdiction over any such action solely by virtue of the executive171
206	206	director residing or maintaining a residence within its jurisdiction.172
207	207	(k) The executive director shall:173
208	208	(1) Keep all records of the board and its proceedings;174
209	209	H. B. 1060
210	210	- 7 - 24 LC 47 2722
211	211	(2) With the approval of the board, employ and fix the compensation of personnel as175
212	212	determined necessary to assist the executive director in his or her duties;176
213	213	(3) With the consent of the board, schedule the time and location of all meetings and177
214	214	hearings, as well as maintain a schedule of all meetings and hearings available for public178
215	215	review;179
216	216	(4) With the approval of the board, enter into such contracts, leases, agreements, or other180
217	217	transactions with any person or agency as are deemed necessary to carry out the181
218	218	provisions of this chapter or to provide the services required by the board; and182
219	219	(5) On or before the second Tuesday in January of each year, prepare and deliver a183
220	220	written annual report to the Governor and the chairpersons of the House and Senate184
221	221	Appropriations Committees describing the activities of the board for the previous185
222	222	calendar year. Such report shall be made available to any member of the General186
223	223	Assembly upon request. The report shall include a summary of all actions taken by the187
224	224	board and a financial report of all income and disbursements and staff personnel. The188
225	225	Governor may request a preliminary financial report for budgetary purposes prior to the189
226	226	executive director delivering the annual report."190
227	227	SECTION 4.191
228	228	Said chapter is further amended by repealing subsections (f), (g), and (h) of Code192
229	229	Section 21-2-33.1, relating to enforcement of chapter, suspension of election superintendents,193
230	230	and support and assistance from the Secretary of State, in their entirety.194
231	231	SECTION 5.195
232	232	Such chapter is further amended by repealing Code Section 21-2-33.2, relating to196
233	233	extraordinary relief, hearings, suspension and reinstatement of superintendents, and litigation197
234	234	expenses, in its entirety.198
235	235	H. B. 1060
236	236	- 8 - 24 LC 47 2722
237	237	SECTION 6.
238	238	199
239	239	Said chapter is further amended by repealing Code Section 21-2-35, relating to emergency200
240	240	rules and regulations, imminent peril requirement, and procedures, in its entirety.201
241	241	SECTION 7.202
242	242	Said chapter is further amended by repealing Code Section 21-2-36, relating to notification203
243	243	of proposed consent agreement, settlement, or consent order, in its entirety.204
244	244	SECTION 8.205
245	245	Said chapter is further amended by revising Code Section 21-2-71, relating to payment by206
246	246	county or municipality of superintendent's expenses and study and report on acceptance and207
247	247	equitable distribution of donations, as follows:208
248	248	"21-2-71.209
249	249	(a)
250	250	The governing authority of each county or municipality shall appropriate annually and210
251	251	from time to time, to the superintendent of such county or municipality, the funds that it211
252	252	shall deem necessary for the conduct of primaries and elections in such county or212
253	253	municipality and for the performance of his or her other duties under this chapter,213
254	254	including:214
255	255	(1) Compensation of the poll officers, custodians, and other assistants and employees215
256	256	provided for in this chapter;216
257	257	(2) Expenditures and contracts for expenditures by the superintendent for polling places;217
258	258	(3) Purchase or printing, under contracts made by the superintendent, of all ballots and218
259	259	other election supplies required by this chapter, or which the superintendent shall219
260	260	consider necessary to carry out the provisions of this chapter;220
261	261	(4) Maintenance of all voting equipment required by this chapter, or which the221
262	262	superintendent shall consider necessary to carry out this chapter; and222
263	263	H. B. 1060
264	264	- 9 - 24 LC 47 2722
265	265	(5) All other expenses arising out of the performance of his or her duties under this
266	266	223
267	267	chapter.224
268	268	(b) No superintendent, county, or municipality shall take or accept any grants or gifts for
269	269	225
270	270	purposes of administering this chapter from any source other than the State of Georgia or226
271	271	the federal government.227
272	272	(c) The State Election Board shall study and report to the General Assembly a proposed228
273	273	method for accepting donations intended to facilitate the administration of elections and229
274	274	a method for an equitable distribution of such donations state wide by October 1, 2021."230
275	275	SECTION 9.231
276	276	Said chapter is further amended by repealing Code Section 21-2-74.1, relating to acting232
277	277	election superintendent during vacancy, in its entirety.233
278	278	SECTION 10.234
279	279	Said chapter is further amended by revising subsection (a) of Code Section 21-2-92, relating235
280	280	to qualifications of poll officers, service during municipal election or primary, and Student236
281	281	Teen Election Participant (STEP) program, as follows:237
282	282	"(a)(1) Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be238
283	283	judicious, intelligent, and upright citizens of the United States, residents of or otherwise239
284	284	employed by the county in which they are appointed except as otherwise provided in240
285	285	paragraph (2) of this subsection or, in the case of municipal elections, residents of or241
286	286	otherwise employed by the municipality in which the election is to be held or of the242
287	287	county in which that municipality is located, 16 years of age or over, and able to read,243
288	288	write, and speak the English language. No poll officer shall be eligible for any244
289	289	nomination for public office or to be voted for at a primary or election at which the poll245
290	290	officer shall serve. No person who is otherwise holding public office, other than a246
291	291	political party office, shall be eligible to be appointed as or to serve as a poll officer. A247
292	292	H. B. 1060
293	293	- 10 - 24 LC 47 2722
294	294	parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law,
295	295	248
296	296	daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to249
297	297	serve as a poll officer in any precinct in which such candidate's name appears on the250
298	298	ballot in any primary or election.251
299	299	(2) A poll officer may be allowed to serve in a county that adjoins the county in which
300	300	252
301	301	such poll officer resides if, in the discretion of the election superintendent of the county253
302	302	in which such person resides, the waiver of such county residency or county employment254
303	303	requirements of paragraph (1) of this subsection do not impair the ability of the county255
304	304	to provide adequate staff for the performance of election duties under this chapter and if,256
305	305	in the discretion of the county election superintendent in which such person wishes to257
306	306	serve, sufficient need for more poll officers exists."258
307	307	SECTION 11.259
308	308	Said chapter is further amended by repealing Part 5 of Article 2, relating to local election260
309	309	officials, in its entirety.261
310	310	SECTION 12.262
311	311	Said chapter is further amended by repealing subsection (g) of Code Section 21-2-134,263
312	312	relating to withdrawal, death, or disqualification of candidate for office, return of qualifying264
313	313	fee, and nomination certificate, in its entirety.265
314	314	SECTION 13.266
315	315	Said chapter is further amended by revising subsection (f) of Code Section 21-2-212, relating267
316	316	to county registrars, appointment, certification, term of service, vacancies, compensation and268
317	317	expenses of chief registrar, registrars, and other officers and employees, and budget269
318	318	estimates, as follows:270
319	319	H. B. 1060
320	320	- 11 - 24 LC 47 2722
321	321	"(f) The board of registrars of each county shall prepare annually a budget estimate in
322	322	271
323	323	which it shall set forth an itemized list of its expenditures for the preceding two years and272
324	324	an itemized estimate of the amount of money necessary to be appropriated for the ensuing273
325	325	year and shall submit the same at the time and in the manner and form other county budget274
326	326	estimates are required to be filed. No board of registrars shall take or accept any grants or
327	327	275
328	328	gifts for the purpose of administering this chapter from any source other than from the State276
329	329	of Georgia or the federal government."277
330	330	SECTION 14.278
331	331	Said chapter is further amended by revising Code Section 21-2-229, relating to challenge of279
332	332	applicant for registration by other electors, notice and hearing, right of appeal, and sanctions280
333	333	for board's noncompliance, as follows:281
334	334	"21-2-229.282
335	335	(a) Any elector of a county or municipality may challenge the qualifications of any person283
336	336	applying to register to vote in the county or municipality and may challenge the284
337	337	qualifications of any elector of the county or municipality whose name appears on the list285
338	338	of electors. Such challenges shall be in writing and shall specify distinctly the grounds of286
339	339	the challenge. There shall not be a limit on the number of persons whose qualifications287
340	340	such elector may challenge.288
341	341	(b) Upon such challenge being filed with the board of registrars, the registrars shall set a289
342	342	hearing on such challenge within ten business days after serving notice of the challenge.290
343	343	Notice of the date, time, and place of the hearing shall be served upon the person whose291
344	344	qualifications are being challenged along with a copy of such challenge and upon the292
345	345	elector making the challenge within ten business days following the filing of the challenge. 293
346	346	The person being challenged shall receive at least three days' notice of the date, time, and294
347	347	place of the hearing. Such notice shall be served either by first-class mail addressed to the295
348	348	H. B. 1060
349	349	- 12 - 24 LC 47 2722
350	350	mailing address shown on the person's voter registration records or in the manner provided
351	351	296
352	352	in subsection (c) of Code Section 21-2-228.297
353	353	(c) The burden shall be on the elector making the challenge to prove that the person being298
354	354	challenged is not qualified to remain on the list of electors. The board of registrars shall299
355	355	have the authority to issue subpoenas for the attendance of witnesses and the production300
356	356	of books, papers, and other material upon application by the person whose qualifications301
357	357	are being challenged or the elector making the challenge. The party requesting such302
358	358	subpoenas shall be responsible to serve such subpoenas and, if necessary, to enforce the303
359	359	subpoenas by application to the superior court. Any witness so subpoenaed, and after304
360	360	attending, shall be allowed and paid the same mileage and fee as allowed and paid305
361	361	witnesses in civil actions in the superior court.306
362	362	(d) After the hearing provided for in this Code section, the registrars shall determine said307
363	363	challenge and shall notify the parties of their decision. If the registrars uphold the308
364	364	challenge, the person's application for registration shall be rejected or the person's name309
365	365	removed from the list of electors, as appropriate. The elector shall be notified of such310
366	366	decision in writing either by first-class mail addressed to the mailing address shown on the311
367	367	person's voter registration records or in the manner provided in subsection (c) of Code312
368	368	Section 21-2-228 for other notices.313
369	369	(e) Either party shall have a right of appeal from the decision of the registrars to the314
370	370	superior court by filing a petition with the clerk of the superior court within ten days after315
371	371	the date of the decision of the registrars. A copy of such petition shall be served upon the316
372	372	other parties and the registrars. Unless and until the decision of the registrars is reversed317
373	373	by the court, the decision of the registrars shall stand.318
374	374	(f) Failure to comply with the provisions of this Code section by the board of registrars
375	375	319
376	376	shall subject such board to sanctions by the State Election Board."320
377	377	H. B. 1060
378	378	- 13 - 24 LC 47 2722
379	379	SECTION 15.
380	380	321
381	381	Said chapter is further amended by revising Code Section 21-2-230, relating to challenge of322
382	382	persons on list of electors by other electors, procedure, hearing, and right of appeal, as323
383	383	follows:324
384	384	"21-2-230.325
385	385	(a) Any elector of the county or municipality may challenge the right of any other elector326
386	386	of the county or municipality, whose name appears on the list of electors, to vote in an327
387	387	election. Such challenge shall be in writing and specify distinctly the grounds of such328
388	388	challenge. Such challenge may be made at any time prior to the elector whose right to vote329
389	389	is being challenged voting at the elector's polling place or, if such elector cast an absentee330
390	390	ballot, prior to 5:00 P.M. on the day before the absentee ballots are to begin to be scanned
391	391	331
392	392	and tabulated election; provided, however, that challenges to persons voting by absentee332
393	393	ballot in person at the office of the registrars or the absentee ballot clerk shall be made prior333
394	394	to such person's voting. There shall not be a limit on the number of persons whose334
395	395	qualifications such elector may challenge.335
396	396	(b) Upon the filing of such challenge, the board of registrars shall immediately consider336
397	397	such challenge and determine whether probable cause exists to sustain such challenge. If337
398	398	the registrars do not find probable cause, the challenge shall be denied. If the registrars338
399	399	find probable cause, the registrars shall notify the poll officers of the challenged elector's339
400	400	precinct or, if the challenged elector voted by absentee ballot, notify the poll officers at the340
401	401	absentee ballot precinct and, if practical, notify the challenged elector and afford such341
402	402	elector an opportunity to answer.342
403	403	(c) If the challenged elector appears at the polling place to vote, such elector shall be given343
404	404	the opportunity to appear before the registrars and answer the grounds of the challenge.344
405	405	(d) If the challenged elector does not cast an absentee ballot and does not appear at the345
406	406	polling place to vote and if the challenge is based on grounds other than the qualifications346
407	407	H. B. 1060
408	408	- 14 - 24 LC 47 2722
409	409	of the elector to remain on the list of electors, no further action by the registrars shall be
410	410	347
411	411	required.348
412	412	(e) If the challenged elector cast an absentee ballot and it is not practical to conduct a349
413	413	hearing prior to the close of the polls and the challenge is based upon grounds other than350
414	414	the qualifications of the elector to remain on the list of electors, the absentee ballot shall351
415	415	be treated as a challenged ballot pursuant to subsection (e) of Code Section 21-2-386. No352
416	416	further action by the registrars shall be required.353
417	417	(f) If the challenged elector does not cast an absentee ballot and does not appear at the354
418	418	polling place to vote and the challenge is based on the grounds that the elector is not355
419	419	qualified to remain on the list of electors, the board of registrars shall proceed to hear the356
420	420	challenge pursuant to Code Section 21-2-229.357
421	421	(g) If the challenged elector cast an absentee ballot and the challenge is based upon358
422	422	grounds that the challenged elector is not qualified to remain on the list of electors, the359
423	423	board of registrars shall proceed to conduct a hearing on the challenge on an expedited360
424	424	basis prior to the certification of the consolidated returns of the election by the election361
425	425	superintendent. The election superintendent shall not certify such consolidated returns362
426	426	until such hearing is complete and the registrars have rendered their decision on the363
427	427	challenge. If the registrars deny the challenge, the superintendent shall proceed to certify364
428	428	the consolidated returns. If the registrars uphold the challenge, the name of the challenged365
429	429	elector shall be removed from the list of electors and the ballot of the challenged elector366
430	430	shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove367
431	431	any votes cast by such elector. The elector making the challenge and the challenged elector368
432	432	may appeal the decision of the registrars in the same manner as provided in subsection (e)369
433	433	of Code Section 21-2-229.370
434	434	(h) If the challenged elector appears at the polls to vote and it is practical to conduct a371
435	435	hearing on the challenge prior to the close of the polls, the registrars shall conduct such372
436	436	hearing and determine the merits of the challenge. If the registrars deny the challenge, the373
437	437	H. B. 1060
438	438	- 15 - 24 LC 47 2722
439	439	elector shall be permitted to vote in the election notwithstanding the fact that the polls may
440	440	374
441	441	have closed prior to the time the registrars render their decision and the elector can actually375
442	442	vote, provided that the elector proceeds to vote immediately after the decision of the376
443	443	registrars. If the registrars uphold the challenge, the challenged elector shall not be377
444	444	permitted to vote and, if the challenge is based upon the grounds that the elector is not378
445	445	qualified to remain on the list of electors, the challenged elector's name shall be removed379
446	446	from the list of electors.380
447	447	(i) If the challenged elector appears at the polls to vote and it is not practical to conduct381
448	448	a hearing prior to the close of the polls or if the registrars begin a hearing and subsequently382
449	449	find that a decision on the challenge cannot be rendered within a reasonable time, the383
450	450	challenged elector shall be permitted to vote by casting a challenged ballot on the same384
451	451	type of ballot that is used by the county or municipality for provisional ballots. Such385
452	452	challenged ballot shall be sealed in double envelopes as provided in subsection (a) of Code386
453	453	Section 21-2-419 and, after having the word 'Challenged,' the elector's name, and the387
454	454	alleged cause of the challenge written across the back of the outer envelope, the ballot shall388
455	455	be deposited by the person casting such ballot in a secure, sealed ballot box389
456	456	notwithstanding the fact that the polls may have closed prior to the time the registrars make390
457	457	such a determination, provided that the elector proceeds to vote immediately after such391
458	458	determination of the registrars. In such cases, if the challenge is based upon the grounds392
459	459	that the challenged elector is not qualified to remain on the list of electors, the registrars393
460	460	shall proceed to finish the hearing prior to the certification of the consolidated returns of394
461	461	the election by the election superintendent. If the challenge is based on other grounds, no395
462	462	further action shall be required by the registrars. The election superintendent shall not396
463	463	certify such consolidated returns until such hearing is complete and the registrars have397
464	464	rendered their decision on the challenge. If the registrars deny the challenge, the398
465	465	superintendent shall proceed to certify the consolidated returns. If the registrars uphold the399
466	466	challenge, the name of the challenged elector shall be removed from the list of electors and400
467	467	H. B. 1060
468	468	- 16 - 24 LC 47 2722
469	469	the ballot of the challenged elector shall be rejected and not counted and, if necessary, the
470	470	401
471	471	returns shall be adjusted to remove any votes cast by such elector. The elector making the402
472	472	challenge and the challenged elector may appeal the decision of the registrars in the same403
473	473	manner as provided in subsection (e) of Code Section 21-2-229.404
474	474	(j) Failure to comply with the provisions of this Code section by the board of registrars
475	475	405
476	476	shall subject such board to sanctions by the State Election Board."406
477	477	SECTION 16.407
478	478	Said chapter is further amended by repealing paragraph (3) of subsection (b) of Code408
479	479	Section 21-2-232, relating to removal of elector's name from list of electors, in its entirety.409
480	480	SECTION 17.410
481	481	Said chapter is further amended by revising Code Section 21-2-263, relating to reduction in411
482	482	size of, or provision of additional voting equipment or poll workers to, precincts containing412
483	483	more than 2,000 electors when voting in such precincts at previous general election not413
484	484	completed one hour after closing of polls, as follows:414
485	485	"21-2-263.415
486	486	(a) If, at the previous general election, a precinct contained more than 2,000 electors and416
487	487	if all those electors desiring to vote had not completed voting one hour following the417
488	488	closing of the polls, the superintendent shall either reduce the size of said precinct so that418
489	489	it shall contain not more than 2,000 electors in accordance with the procedures prescribed419
490	490	by this chapter for the division, alteration, and consolidation of precincts no later than 60420
491	491	days before the next general election or provide additional voting equipment or poll421
492	492	workers, or both, before the next general election. For administering this Code section, the422
493	493	chief manager of a precinct which contained more than 2,000 electors at the previous423
494	494	general election shall submit a report thereof, under oath, to the superintendent as to the424
495	495	time required for completion of voting by all persons in line at the time the polls were425
496	496	H. B. 1060
497	497	- 17 - 24 LC 47 2722
498	498	closed. Any such change in the boundaries of a precinct shall conform with the
499	499	426
500	500	requirements of subsection (a) of Code Section 21-2-261.1.427
501	501	(b) If, at the previous general election, a precinct contained more than 2,000 electors and
502	502	428
503	503	if electors desiring to vote on the day of the election had to wait in line for more than one429
504	504	hour before checking in to vote, the superintendent shall either reduce the size of such430
505	505	precinct so that it shall contain not more than 2,000 electors in accordance with the431
506	506	procedures prescribed by this chapter for the division, alteration, and consolidation of432
507	507	precincts no later than 60 days before the next general election or provide additional voting433
508	508	equipment or poll workers, or both, before the next general election. For administering this434
509	509	Code section, the chief manager of a precinct which contained more than 2,000 electors at435
510	510	the previous general election shall submit a report thereof to the superintendent of the436
511	511	reported time from entering the line to checking in to vote. Such wait time shall be437
512	512	measured no fewer than three different times throughout the day (in the morning, at438
513	513	midday, and prior to the close of polls) and such results shall be recorded on a form439
514	514	provided by the Secretary of State. Any such change in the boundaries of a precinct shall440
515	515	conform with the requirements of subsection (a) of Code Section 21-2-261.1."441
516	516	SECTION 18.442
517	517	Said chapter is further amended by revising subsection (a) of Code Section 21-2-265, relating443
518	518	to selection of polling places, change, notice, objection, facilities for disabled voters,444
519	519	selection of polling place outside precinct and restriction on changing polling place, as445
520	520	follows:446
521	521	"(a) The superintendent of a county or the governing authority of a municipality shall447
522	522	select and fix the polling place within each precinct and may, either on his, her, or its own448
523	523	motion or on petition of ten electors of a precinct, change the polling place within any449
524	524	precinct. Except in case of an emergency or unavoidable event occurring within ten days450
525	525	of a primary or election, which emergency or event renders any polling place unavailable451
526	526	H. B. 1060
527	527	- 18 - 24 LC 47 2722
528	528	for use at such primary or election, the superintendent of a county or the governing
529	529	452
530	530	authority of a municipality shall not change any polling place until notice of the proposed453
531	531	change shall have been published for once a week for two consecutive weeks in the legal454
532	532	organ for the county or municipality in which the polling place is located. Additionally,455
533	533	during the seven days before and
534	534	on the first election day of the first election following456
535	535	such change, a notice of such change shall be posted on the previous polling place and at457
536	536	three other places in the immediate vicinity thereof. Each notice posted shall state the458
537	537	location to which the polling place has been moved and shall direct electors to the new459
538	538	location. At least one notice at the previous polling place shall be a minimum of four feet460
539	539	by four feet in size. The occupant or owner of the previous polling place, or his or her461
540	540	agent, shall be notified in writing of such change at the time notice is published in the legal462
541	541	organ."463
542	542	SECTION 19.464
543	543	Said chapter is further amended by revising subsections (a) and (b) of Code465
544	544	Section 21-2-266, relating to polling places and advance voting locations – use of portable466
545	545	or movable facilities, and unrestricted access to residential communities, as follows:467
546	546	"(a) In selecting polling places and advance voting locations, the superintendent of a468
547	547	county or the governing authority of a municipality shall select, wherever practicable and469
548	548	consistent with subsection (d) of Code Section 21-2-265, schoolhouses, municipal470
549	549	buildings or rooms, or other public buildings for that purpose. In selecting polling places471
550	550	and advance voting locations, the superintendent of a county or the governing authority of472
551	551	a municipality shall give consideration to the comfort and convenience those places to be473
552	552	selected will provide to both electors and poll officers. School, county, municipal, or other474
553	553	governmental authorities, upon request of the superintendent of a county or the governing475
554	554	authority of a municipality, shall make arrangements for the use of their property for476
555	555	polling places or advance voting locations; provided, however, that such use shall not477
556	556	H. B. 1060
557	557	- 19 - 24 LC 47 2722
558	558	substantially interfere with the use of such property for the purposes for which it is
559	559	478
560	560	primarily intended.479
561	561	(b) The superintendent of a county or the governing authority of a municipality shall have480
562	562	discretion to procure and provide portable or movable polling facilities of adequate size for481
563	563	any precinct; provided, however, that buses and other readily movable facilities shall only
564	564	482
565	565	be used in emergencies declared by the Governor pursuant to Code Section 38-3-51 to483
566	566	supplement the capacity of the polling place where the emergency circumstance occurred."484
567	567	SECTION 20.485
568	568	Said chapter is further amended by revising subsection (a) of Code Section 21-2-284, relating486
569	569	to form of official primary ballot and attestation regarding receiving value in exchange for487
570	570	vote, as follows:488
571	571	"(a) In each primary separate official ballots shall be prepared for the political party489
572	572	holding the primary. At the top of each ballot shall be printed in prominent type the words490
573	573	'OFFICIAL PRIMARY BALLOT OF ______________ PARTY FOR,' followed by the491
574	574	name and designation of the precinct for which it is prepared and the name and date of the492
575	575	primary."493
576	576	SECTION 21.494
577	577	Said chapter is further amended by revising Code Section 21-2-284.1, relating to nonpartisan495
578	578	municipal primary ballot form, as follows:496
579	579	"21-2-284.1.497
580	580	In the case of nonpartisan municipal primaries, the form of the official nonpartisan primary498
581	581	ballot shall conform insofar as practicable to the form of the official primary ballot as499
582	582	detailed in Code Section 21-2-284, including the printing of the name and designation of500
583	583	the precinct on the top of the ballot, except that:501
584	584	(1) The following shall be printed at the top of each ballot in prominent type:502
585	585	H. B. 1060
586	586	- 20 - 24 LC 47 2722
587	587	'OFFICIAL NONPARTISAN PRIMARY BALLOT OF
588	588	503
589	589	_______________________504
590	590	(Name of Municipality)';505
591	591	(2) There shall be no name or designation of any political organization nor any words,506
592	592	designation, or emblems descriptive of a candidate's political affiliation printed under or507
593	593	after any candidate's name which is printed on the ballot; and508
594	594	(3) The incumbency of a candidate seeking election for the public office he or she then509
595	595	holds shall be indicated on the ballot."510
596	596	SECTION 22.511
597	597	Said chapter is further amended by revising subsection (a) of Code Section 21-2-285, relating512
598	598	to form of official election ballot, attestation on receipt of benefit in exchange for vote, and513
599	599	when an election is not required, as follows:514
600	600	"(a) At the top of each ballot for an election shall be printed in prominent type the words515
601	601	'OFFICIAL BALLOT,' followed by the name and
602	602	designation of the precinct for which it516
603	603	is prepared and the name and date of the election."517
604	604	SECTION 23.518
605	605	Said chapter is further amended by revising Code Section 21-2-285.1, relating to nonpartisan519
606	606	elections ballot form, run-off election, and declaration of prevailing candidate as duly520
607	607	elected, as follows:521
608	608	"21-2-285.1.522
609	609	The names of all candidates for offices which the General Assembly has by general law or523
610	610	local Act provided for election in a nonpartisan election shall be printed on each official524
611	611	primary ballot; and insofar as practicable such offices to be filled in the nonpartisan525
612	612	election shall be separated from the names of candidates for party nomination to other526
613	613	offices by being listed last on each ballot, with the top of that portion of each official527
614	614	H. B. 1060
615	615	- 21 - 24 LC 47 2722
616	616	primary ballot relating to the nonpartisan election to have printed in prominent type the
617	617	528
618	618	words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' In addition, there shall be a529
619	619	ballot that contains just the official nonpartisan election ballot available for electors who530
620	620	choose not to vote in a party primary. Such ballot shall have printed at the top the name
621	621	531
622	622	and designation of the precinct. Directions that explain how to cast a vote, how to write532
623	623	in a candidate, and how to obtain a new ballot after the elector spoils his or her ballot shall533
624	624	appear immediately under the caption, as specified by rule or regulation of the State534
625	625	Election Board. Immediately under the directions, the name of each such nonpartisan535
626	626	candidate shall be arranged alphabetically by last name under the title of the office for536
627	627	which they are candidates and be printed thereunder. The incumbency of a candidate537
628	628	seeking election for the public office he or she then holds shall be indicated on the ballot. 538
629	629	No party designation or affiliation shall appear beside the name of any candidate for539
630	630	nonpartisan office. An appropriate space shall also be placed on the ballot for the casting540
631	631	of write-in votes for such offices. In the event that no candidate in such nonpartisan541
632	632	election receives a majority of the total votes cast for such office, there shall be a542
633	633	nonpartisan election runoff between the candidates receiving the two highest numbers of543
634	634	votes; and the names of such candidates shall be placed on the official ballot at the general544
635	635	primary runoff in the same manner as prescribed in this Code section for the nonpartisan545
636	636	election and there shall be a separate official nonpartisan election run-off ballot for those546
637	637	electors who do not choose or are not eligible to vote in the general primary runoff. In the547
638	638	event that only nonpartisan candidates are to be placed on a run-off ballot, the form of the548
639	639	ballot shall be as prescribed by the Secretary of State or election superintendent in549
640	640	essentially the same format as prescribed for the nonpartisan election. Except as provided550
641	641	in subsection (g) of Code Section 21-2-134, the The candidate having a majority of the551
642	642	votes cast in the nonpartisan election or the candidate receiving the highest number of votes552
643	643	cast in the nonpartisan election runoff shall be declared duly elected to such office."553
644	644	H. B. 1060
645	645	- 22 - 24 LC 47 2722
646	646	SECTION 24.
647	647	554
648	648	Said chapter is further amended by revising paragraph (3) of subsection (b) of Code555
649	649	Section 21-2-286, relating to printing specifications, numbering, and binding of ballots, as556
650	650	follows:557
651	651	"(3) Ballots printed by an electronic ballot marker shall be designed as prescribed by the558
652	652	Secretary of State to ensure ease of reading by electors, provided that each ballot shall
653	653	559
654	654	have the name and designation of the precinct printed at the top."560
655	655	SECTION 25.561
656	656	Said chapter is further amended by revising Code Section 21-2-287, relating to form of562
657	657	absentee ballot, as follows:563
658	658	"21-2-287.564
659	659	The form for the absentee ballot shall be in substantially the same form as the official565
660	660	ballots used in the precincts, except it shall be printed with only the name stub and without566
661	661	a number strip and shall may have the precinct name and designation printed or stamped567
662	662	thereon."568
663	663	SECTION 26.569
664	664	Said chapter is further amended by revising subsection (b) of Code Section 21-2-367, relating570
665	665	to installation of systems, number of systems, and good working order, as follows:571
666	666	"(b)(1) In each precinct in which optical scanning voting systems are used in a state-wide572
667	667	general election, the county election superintendent or municipal governing authority, as573
668	668	appropriate, shall provide at least one voting booth or enclosure for each 250 electors574
669	669	therein, or fraction thereof.575
670	670	(2) For any other primary, election, or runoff, the county or municipal election576
671	671	superintendent may provide a greater or lesser number of voting booths or enclosures if,577
672	672	after a thorough consideration of the type of election, expected turnout, the number of578
673	673	H. B. 1060
674	674	- 23 - 24 LC 47 2722
675	675	electors who have already voted by advance voting or absentee ballot, and other relevant579
676	676	factors that inform the appropriate amount of equipment needed, such superintendent580
677	677	determines that a different amount of equipment is needed or sufficient. Such581
678	678	determination shall be subject to the provisions of Code Section 21-2-263."582
679	679	SECTION 27.583
680	680	Said chapter is further amended by revising Code Section 21-2-372, relating to ballot584
681	681	description, as follows:585
682	682	"21-2-372.586
683	683	Ballots shall be of suitable design, size, and stock to permit processing by a ballot scanner587
684	684	and shall be printed in black ink on clear, white, or colored material. Other than ballots588
685	685	delivered electronically to qualified electors who are entitled to vote by absentee ballot589
686	686	under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.590
687	687	Section 20301, et seq., the ballots shall be printed on security paper that incorporates591
688	688	features which can be used to authenticate the ballot as an official ballot but which do not592
689	689	make the ballot identifiable to a particular elector."593
690	690	SECTION 28.594
691	691	Said chapter is further amended by repealing subsection (e) of Code Section 21-2-379.23,595
692	692	relating to requirements for ballot display, role of Secretary of State, printed paper ballot596
693	693	controls during recount, and name and designation of precinct on ballot, in its entirety.597
694	694	SECTION 29.598
695	695	Said chapter is further amended by revising subsection (c) of Code Section 21-2-379.25,599
696	696	relating to programming for ballot design and style, verification, appointment of custodians,600
697	697	role of custodians, testing of electronic ballot marker, and public notice of testing, as follows:601
698	698	H. B. 1060
699	699	- 24 - 24 LC 47 2722
700	700	"(c) On or before the third day preceding a primary or election, including special primaries,
701	701	602
702	702	special elections, and referendum elections, the superintendent shall have each electronic603
703	703	ballot marker tested to ascertain that it will correctly record the votes cast for all offices and604
704	704	on all questions and produce a ballot reflecting such choices of the elector in a manner that605
705	705	the State Election Board shall prescribe by rule or regulation. Public notice of the time and606
706	706	place of the test shall be made at least five days prior thereto; provided, however, that, in
707	707	607
708	708	the case of a runoff, the public notice shall be made at least three days prior thereto. The608
709	709	superintendent of each county or municipality shall publish such notice on the homepage609
710	710	of the county's or municipality's publicly accessible website associated with elections, if610
711	711	the county or municipality maintains a publicly accessible website, and in a newspaper of611
712	712	general circulation in the county or municipality and by posting in a prominent location in612
713	713	the county or municipality. Such notice shall state the date, time, and place or places where613
714	714	preparation and testing of the voting system components for use in the primary or election614
715	715	will commence, that such preparation and testing shall continue from day to day until615
716	716	complete, and that representatives Representatives of political parties and bodies, news616
717	717	media, and the public shall be permitted to observe such tests. The superintendent of the617
718	718	county or municipality shall also provide such notice to the Secretary of State who shall618
719	719	publish on his or her website the information received from superintendents stating the619
720	720	dates, times, and locations for preparation and testing of voting system components. 620
721	721	However, such representatives of political parties and bodies, news media, and the public621
722	722	shall not in any manner interfere with the preparation and testing of voting system622
723	723	components. The advertisement in the newspaper of general circulation shall be623
724	724	prominently displayed, shall not be less than 30 square inches, and shall not be placed in624
725	725	the section of the newspaper where legal notices appear."625
726	726	H. B. 1060
727	727	- 25 - 24 LC 47 2722
728	728	SECTION 30.
729	729	626
730	730	Said chapter is further amended by revising Code Section 21-2-381, relating to making of627
731	731	application for absentee ballot, determination of eligibility by ballot clerk, furnishing of628
732	732	applications to colleges and universities, and persons entitled to make application, as follows:629
733	733	"21-2-381.630
734	734	(a)(1)(A) Except as otherwise provided in Code Section 21-2-219 or for advance
735	735	631
736	736	voting described in subsection (d) of Code Section 21-2-385, not earlier more than 78632
737	737	180 days or less than 11 days prior to the date of the primary or election, or runoff of633
738	738	either, in which the elector desires to vote, any absentee elector may make, either by634
739	739	mail, by facsimile transmission, by electronic transmission, or in person in the635
740	740	registrar's or absentee ballot clerk's office, an application for an official ballot of the636
741	741	elector's precinct to be voted at such primary, election, or runoff. To be timely637
742	742	received, an application for an absentee-by-mail ballot shall be received by the board638
743	743	of registrars or absentee ballot clerk no later than 11 days prior to the primary, election,639
744	744	or runoff. For advance voting in person, the application shall be made within the time640
745	745	period set forth in subsection (d) of Code Section 21-2-385.641
746	746	(B) In the case of an elector residing temporarily out of the county or municipality or642
747	747	a physically disabled elector residing within the county or municipality, the application643
748	748	for the elector's absentee ballot may, upon satisfactory proof of relationship, be made644
749	749	by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son,645
750	750	daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law,646
751	751	father-in-law, brother-in-law, or sister-in-law of the age of 18 or over.647
752	752	(C)(i) Any person applying for an absentee-by-mail ballot shall make application in648
753	753	writing on the form made available by the Secretary of State. In order to confirm the649
754	754	identity of the voter, such form shall require the elector to provide his or her name,650
755	755	date of birth, address as registered, address where the elector wishes the ballot to be651
756	756	mailed, and the number of his or her Georgia driver's license or identification card652
757	757	H. B. 1060
758	758	- 26 - 24 LC 47 2722
759	759	issued pursuant to Article 5 of Chapter 5 of Title 40. If such elector does not have a653
760	760	Georgia driver's license or identification card issued pursuant to Article 5 of Chapter654
761	761	5 of Title 40, the elector shall affirm this fact in the manner prescribed in the655
762	762	application and the elector shall provide a copy of a form of identification listed in656
763	763	subsection (c) of Code Section 21-2-417. The form made available by the Secretary657
764	764	of State shall include a space to affix a photocopy or electronic image of such658
765	765	identification. The Secretary of State shall develop a method to allow secure659
766	766	electronic transmission of such form. The application shall also include be in writing660
767	767	and shall contain sufficient information for proper identification of the elector; the661
768	768	permanent or temporary address of the elector to which the absentee ballot shall be662
769	769	mailed; the identity of the primary, election, or runoff in which the elector wishes to663
770	770	vote; and the name and relationship of the person requesting the ballot if other than664
771	771	the elector; and an oath for the elector or relative to write his or her usual signature665
772	772	with a pen and ink affirming that the elector is a qualified Georgia elector and the666
773	773	facts presented on the application are true. Submitting false information on an667
774	774	application for an absentee ballot shall be a violation of Code Sections 21-2-560668
775	775	and 21-2-571.669
776	776	(ii) A blank application for an absentee ballot shall be made available online by the670
777	777	Secretary of State and each election superintendent and registrar, but neither the671
778	778	Secretary of State, election superintendent, board of registrars, other governmental672
779	779	entity, nor employee or agent thereof shall send absentee ballot applications directly673
780	780	to any elector except upon request of such elector or a relative authorized to request674
781	781	an absentee ballot for such elector. No person or entity other than a relative675
782	782	authorized to request an absentee ballot for such elector or a person signing as676
783	783	assisting an illiterate or physically disabled elector shall send any elector an absentee677
784	784	ballot application that is prefilled with the elector's required information set forth in678
785	785	this subparagraph. No person or entity other than the elector, a relative authorized to679
786	786	H. B. 1060
787	787	- 27 - 24 LC 47 2722
788	788	request an absentee ballot for such elector, a person signing as assisting an illiterate680
789	789	or physically disabled elector with his or her application, a common carrier charged681
790	790	with returning the ballot application, an absentee ballot clerk, a registrar, or a law682
791	791	enforcement officer in the course of an investigation shall handle or return an elector's683
792	792	completed absentee ballot application. Handling a completed absentee ballot684
793	793	application by any person or entity other than as allowed in this subsection shall be685
794	794	a misdemeanor. Any application for an absentee ballot sent to any elector by any686
795	795	person or entity shall utilize the form of the application made available by the687
796	796	Secretary of State and shall clearly and prominently disclose on the face of the form: 688
797	797	'This application is being distributed by [insert name and address of person,689
798	798	organization, or other entity distributing such document or material], not by any690
799	799	government agency or any state or local election office. THIS IS NOT A BALLOT.' 691
800	800	(iii) The disclaimer required by division (ii) of this subparagraph shall be:692
801	801	(I) Of sufficient font size to be clearly readable by the recipient of the693
802	802	communication;694
803	803	(II) Contained in a printed box set apart from the other contents of the695
804	804	communication; and696
805	805	(III) Printed with a reasonable degree of color contrast between the background and697
806	806	the printed disclaimer.698
807	807	(D) Except in the case of physically disabled electors residing in the county or699
808	808	municipality or electors in custody in a jail or other detention facility in the county or700
809	809	municipality, no absentee ballot shall be mailed to an address other than the permanent701
810	810	mailing address of the elector as recorded on the elector's voter registration record or702
811	811	a temporary out-of-county or out-of-municipality address. Upon request, electors held703
812	812	in jails or other detention facilities who are eligible to vote shall be granted access to704
813	813	the necessary personal effects for the purpose of applying for and voting an absentee705
814	814	ballot pursuant to this chapter.706
815	815	H. B. 1060
816	816	- 28 - 24 LC 47 2722
817	817	(E) Relatives applying for absentee ballots for electors must also sign an oath stating
818	818	707
819	819	that facts in the application are true.708
820	820	(F) If the elector is unable to fill out or sign such elector's own application because of709
821	821	illiteracy or physical disability, the elector shall make such elector's mark, and the710
822	822	person filling in the rest of the application shall sign such person's name below it as a711
823	823	witness.712
824	824	(G) Any elector meeting criteria of advance age or disability specified by rule or713
825	825	regulation of the State Election Board or any elector who is entitled to vote by absentee714
826	826	ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42715
827	827	U.S.C. Section 1973ff, et seq., as amended, may request in writing on one application716
828	828	a ballot for a presidential preference primary held pursuant to Article 5 of this chapter717
829	829	and for a primary as well as for any runoffs resulting therefrom and for the election for718
830	830	which such primary shall nominate candidates as well as any runoffs resulting719
831	831	therefrom. If not so requested by such person, a separate and distinct application shall720
832	832	be required for each primary, run-off primary, election, and run-off election. Except721
833	833	as otherwise provided in this subparagraph, a separate and distinct application for an722
834	834	absentee ballot shall always be required for any special election or special primary.723
835	835	(2) A properly executed registration card submitted under the provisions of724
836	836	subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or725
837	837	election in which the registrant is entitled to vote, shall be considered to be an application726
838	838	for an absentee ballot under this Code section, or for a special absentee ballot under Code727
839	839	Section 21-2-381.1, as appropriate.728
840	840	(3)(A) All persons or entities, other than the Secretary of State, election
841	841	729
842	842	superintendents, boards of registrars, and absentee ballot clerks, that send applications730
843	843	for absentee ballots to electors in a primary, election, or runoff shall mail such731
844	844	applications only to individuals who have not already requested, received, or voted an732
845	845	absentee ballot in the primary, election, or runoff. Any such person or entity shall733
846	846	H. B. 1060
847	847	- 29 - 24 LC 47 2722
848	848	compare its mail distribution list with the most recent information available about734
849	849	which electors have requested, been issued, or voted an absentee ballot in the primary,735
850	850	election, or runoff and shall remove the names of such electors from its mail736
851	851	distribution list. A person or entity shall not be liable for any violation of this737
852	852	subparagraph if such person or entity relied upon information made available by the738
853	853	Secretary of State within five business days prior to the date such applications are739
854	854	mailed. Reserved740
855	855	(B) A person or entity in violation of subparagraph (A) of this paragraph shall be741
856	856	subject to sanctions by the State Election Board which, in addition to all other possible742
857	857	sanctions, may include requiring such person or entity to pay restitution to each affected743
858	858	county or municipality in an amount up to $100.00 per duplicate absentee ballot744
859	859	application that is processed by the county or municipality due to such violation or the745
860	860	actual cost incurred by each affected county or municipality for the processing of such746
861	861	duplicate absentee ballot applications.747
862	862	(4) In extraordinary circumstances as described in Code Section 21-2-543.1, the registrar748
863	863	or absentee ballot clerk shall determine if the applicants are eligible to vote under this749
864	864	Code section and shall either mail or issue the absentee ballots for the election for750
865	865	representative in the United States Congress to an individual entitled to make application751
866	866	for absentee ballot under subsection (d) of this Code section the same day any such752
867	867	application is received, so long as the application is received by 3:00 P.M., otherwise no753
868	868	later than the next business day following receipt of the application. Any valid absentee754
869	869	ballot shall be accepted and processed so long as the ballot is received by the registrar or755
870	870	absentee ballot clerk not later than 45 days after the ballot is transmitted to the absent756
871	871	uniformed services voter or overseas voter, but in no event later than 11 days following757
872	872	the date of the election.758
873	873	(b)(1) Upon receipt of a timely application for an absentee ballot, a registrar or absentee759
874	874	ballot clerk shall enter thereon the date received. The registrar or absentee ballot clerk760
875	875	H. B. 1060
876	876	- 30 - 24 LC 47 2722
877	877	shall verify the identity of the applicant and determine, in accordance with the provisions761
878	878	of this chapter, if the applicant is eligible to vote in the primary or election involved. In762
879	879	order to verify the identity of the applicant be found eligible to vote an absentee ballot by763
880	880	mail, the registrar or absentee ballot clerk shall compare the applicant's name, date of764
881	881	birth, and number of his or her Georgia driver's license or identification card issued765
882	882	pursuant to Article 5 of Chapter 5 of Title 40 identifying information on the application766
883	883	with the information on file in the registrar's office and, if the application is signed by the767
884	884	elector, compare the signature or mark of the elector on the application with the signature768
885	885	or mark of the elector on the elector's voter registration card. If the application does not769
886	886	contain the number of the applicant's Georgia driver's license or identification card issued770
887	887	pursuant to Article 5 of Chapter 5 of Title 40, the registrar or absentee ballot clerk shall771
888	888	verify that the identification provided with the application identifies the applicant. In772
889	889	order to be found eligible to vote an absentee ballot in person at the registrar's office or773
890	890	absentee ballot clerk's office, such person shall show one of the forms of identification774
891	891	listed in Code Section 21-2-417 and the registrar or absentee ballot clerk shall compare775
892	892	the identifying information on the application with the information on file in the776
893	893	registrar's office.777
894	894	(2) If found eligible, the registrar or absentee ballot clerk shall certify by signing in the778
895	895	proper place on the application and then:779
896	896	(A) Shall mail the ballot as provided in this Code section;780
897	897	(B) If the application is made in person, shall issue the ballot to the elector within the781
898	898	confines of the registrar's or absentee ballot clerk's office as required by Code782
899	899	Section 21-2-383 if the ballot is issued during the advance voting period established783
900	900	pursuant to subsection (d) of Code Section 21-2-385; or784
901	901	(C) May deliver the ballot in person to the elector if such elector is confined to a785
902	902	hospital.786
903	903	H. B. 1060
904	904	- 31 - 24 LC 47 2722
905	905	(3) If found ineligible or if the application is not timely received, the clerk or the board787
906	906	of registrars shall deny the application by writing the reason for rejection in the proper788
907	907	space on the application and shall promptly notify the applicant in writing of the ground789
908	908	of ineligibility, a copy of which notification should be retained on file in the office of the790
909	909	board of registrars or absentee ballot clerk for at least one year. However, an absentee791
910	910	ballot application shall not be rejected solely due to a an apparent mismatch between the792
911	911	identifying information signature of the elector on the application and the identifying793
912	912	information of the elector on file with the board of registrars. In such cases, the board of794
913	913	registrars or absentee ballot clerk shall send the elector a provisional absentee ballot with795
914	914	the designation 'Provisional Ballot' on the outer oath envelope and information prepared796
915	915	by the Secretary of State as to the process to be followed to cure the signature797
916	916	discrepancy. If such ballot is returned to the board of registrars or absentee ballot clerk798
917	917	prior to the closing of the polls on the day of the primary or election, the elector may cure799
918	918	the signature discrepancy by submitting an affidavit to the board of registrars or absentee800
919	919	ballot clerk along with a copy of one of the forms of identification enumerated in801
920	920	subsection (c) of Code Section 21-2-417 before the close of the period for verifying802
921	921	provisional ballots contained in subsection (c) of Code Section 21-2-419. If the board of803
922	922	registrars or absentee ballot clerk finds the affidavit and identification to be sufficient, the804
923	923	absentee ballot shall be counted as other absentee ballots. If the board of registrars or805
924	924	absentee ballot clerk finds the affidavit and identification to be insufficient, then the806
925	925	procedure contained in Code Section 21-2-386 shall be followed for rejected absentee807
926	926	ballots.808
927	927	(4) If the registrar or clerk is unable to determine the identity of the elector from809
928	928	information given on the application or if the application is not complete or if the oath on810
929	929	the application is not signed, the registrar or clerk should promptly contact the elector in811
930	930	writing write to request the necessary additional information and a signed copy of the812
931	931	oath.813
932	932	H. B. 1060
933	933	- 32 - 24 LC 47 2722
934	934	(5) In the case of an unregistered applicant who is eligible to register to vote, the clerk
935	935	814
936	936	or the board shall immediately mail a blank registration card as provided by Code815
937	937	Section 21-2-223, and such applicant, if otherwise qualified, shall be deemed eligible to816
938	938	vote by absentee ballot in such primary or election, if the registration card, properly817
939	939	completed, is returned to the clerk or the board on or before the last day for registering818
940	940	to vote in such primary or election. If the closing date for registration in the primary or
941	941	819
942	942	election concerned has not passed, the clerk or registrar shall also mail a ballot to the820
943	943	applicant, as soon as it is prepared and available; and the ballot shall be cast in such821
944	944	primary or election if returned to the clerk or board not later than the close of the polls822
945	945	on the day of the primary or election concerned.823
946	946	(c) In those counties or municipalities in which the absentee ballot clerk or board of824
947	947	registrars provides application forms for absentee ballots, the clerk or board shall provide825
948	948	such quantity of the application form to the dean of each college or university located in826
949	949	that county as said dean determines necessary for the students of such college or university.827
950	950	(d)(1) A citizen of the United States permanently residing outside the United States is828
951	951	entitled to make application for an absentee ballot from Georgia and to vote by absentee829
952	952	ballot in any election for presidential electors and United States senator or representative830
953	953	in Congress:831
954	954	(A) If such citizen was last domiciled in Georgia immediately before his or her832
955	955	departure from the United States; and833
956	956	(B) If such citizen could have met all qualifications, except any qualification relating834
957	957	to minimum voting age, to vote in federal elections even though, while residing outside835
958	958	the United States, he or she does not have a place of abode or other address in Georgia.836
959	959	(2) An individual is entitled to make application for an absentee ballot under837
960	960	paragraph (1) of this subsection even if such individual's intent to return to Georgia may838
961	961	be uncertain, so long as:839
962	962	H. B. 1060
963	963	- 33 - 24 LC 47 2722
964	964	(A) He or she has complied with all applicable Georgia qualifications and requirements
965	965	840
966	966	which are consistent with 42 U.S.C. Section 1973ff concerning absentee registration for841
967	967	and voting by absentee ballots;842
968	968	(B) He or she does not maintain a domicile, is not registered to vote, and is not voting843
969	969	in any other state or election district of a state or territory or in any territory or844
970	970	possession of the United States; and845
971	971	(C) He or she has a valid passport or card of identity and registration issued under the846
972	972	authority of the Secretary of State of the United States or, in lieu thereof, an alternative847
973	973	form of identification consistent with 42 U.S.C. Section 1973ff and applicable state848
974	974	requirements, if a citizen does not possess a valid passport or card of identity and849
975	975	registration.850
976	976	(e) The State Election Board is authorized to promulgate reasonable rules and regulations851
977	977	for the implementation of paragraph (1) of subsection (a) of this Code section. Said rules852
978	978	and regulations may include provisions for the limitation of opportunities for fraudulent853
979	979	application, including, but not limited to, comparison of voter registration records with854
980	980	death certificates."855
981	981	SECTION 31.856
982	982	Said chapter is further amended by revising Code Section 21-2-382, relating to additional857
983	983	buildings as additional registrar's office or place of registration for receiving absentee ballots858
984	984	and for advance voting, as follows:859
985	985	"21-2-382.860
986	986	(a) Any other provisions of this chapter to the contrary notwithstanding, the board of861
987	987	registrars may establish additional sites as
988	988	additional registrar's offices or places of862
989	989	registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and863
990	990	for the purpose of advance voting absentee ballots under Code Section 21-2-385, provided864
991	991	that any such site is a building that is a branch of the county courthouse, a courthouse865
992	992	H. B. 1060
993	993	- 34 - 24 LC 47 2722
994	994	annex, a government service center providing general government services, another
995	995	866
996	996	government building generally accessible to the public, or a building
997	997	location that is used867
998	998	as an election day polling place, notwithstanding that such building location is not a868
999	999	government building.869
1000	1000	(b) Any other provisions of this chapter to the contrary notwithstanding, in all counties of870
1001	1001	this state having a population of 550,000 or more according to the United States decennial871
1002	1002	census of 1990 or any future such census, any building that is a branch of the county872
1003	1003	courthouse or courthouse annex established within any such county shall be an additional873
1004	1004	registrar's or absentee ballot clerk's office or place of registration for the purpose of874
1005	1005	receiving absentee ballots under Code Section 21-2-381 and for the purpose of advance875
1006	1006	voting absentee ballots under Code Section 21-2-385.876
1007	1007	(c)(1) A board of registrars or absentee ballot clerk shall establish at least one drop box877
1008	1008	as a means for absentee by mail electors to deliver their ballots to the board of registrars878
1009	1009	or absentee ballot clerk. A board of registrars or absentee ballot clerk may establish879
1010	1010	additional drop boxes, subject to the limitations of this Code section, but may only880
1011	1011	establish additional drop boxes totaling the lesser of either one drop box for881
1012	1012	every 100,000 active registered voters in the county or the number of advance voting882
1013	1013	locations in the county. Any additional drop boxes shall be evenly geographically883
1014	1014	distributed by population in the county. Drop boxes established pursuant to this Code884
1015	1015	section shall be established at the office of the board of registrars or absentee ballot clerk885
1016	1016	or inside locations at which advance voting, as set forth in subsection (d) of Code886
1017	1017	Section 21-2-385, is conducted in the applicable primary, election, or runoff and may be887
1018	1018	open during the hours of advance voting at that location. Such drop boxes shall be closed888
1019	1019	when advance voting is not being conducted at that location. All drop boxes shall be889
1020	1020	closed when the advance voting period ends, as set forth in subsection (d) of Code890
1021	1021	Section 21-2-385. The drop box location shall have adequate lighting and be under891
1022	1022	constant surveillance by an election official or his or her designee, law enforcement892
1023	1023	H. B. 1060
1024	1024	- 35 - 24 LC 47 2722
1025	1025	official, or licensed security guard. During an emergency declared by the Governor893
1026	1026	pursuant to Code Section 38-3-51, drop boxes may be located outside the office of the894
1027	1027	board of registrars or absentee ballot clerk or outside of locations at which advance voting895
1028	1028	is taking place, subject to the other limitations of this Code section.896
1029	1029	(2) The opening slot of a drop box shall not allow ballots to be tampered with or897
1030	1030	removed and shall be designed to minimize the ability for liquid or other substances that898
1031	1031	may damage ballots to be poured into the drop box. A drop box shall be labeled899
1032	1032	"OFFICIAL ABSENTEE BALLOT DROP BOX" and shall clearly display the signage900
1033	1033	developed by the Secretary of State pertaining to Georgia law with regard to who is901
1034	1034	allowed to return absentee ballots and destroying, defacing, or delaying delivery of902
1035	1035	ballots.903
1036	1036	(3) The board of registrars or absentee ballot clerk shall arrange for the collecting and904
1037	1037	return of ballots deposited at each drop box at the conclusion of each day where advance905
1038	1038	voting takes place. Collection of ballots from a drop box shall be made by a team of at906
1039	1039	least two people. Any person collecting ballots from a drop box shall have sworn an oath907
1040	1040	in the same form as the oath for poll officers set forth in Code Section 21-2-95. The908
1041	1041	collection team shall complete and sign a ballot transfer form upon removing the ballots909
1042	1042	from the drop box which shall include the date, time, location, number of ballots,910
1043	1043	confirmation that the drop box was locked after the removal of the ballots, and the911
1044	1044	identity of each person collecting the ballots. The collection team shall then immediately912
1045	1045	transfer the ballots to the board of registrars or absentee ballot clerk, who shall process913
1046	1046	and store the ballots in the same manner as absentee ballots returned by mail are914
1047	1047	processed and stored. The board of registrars, absentee ballot clerk, or a designee of the915
1048	1048	board of registrars or absentee ballot clerk shall sign the ballot transfer form upon receipt916
1049	1049	of the ballots from the collection team. Such form shall be considered a public record917
1050	1050	pursuant to Code Section 50-18-70.918
1051	1051	H. B. 1060
1052	1052	- 36 - 24 LC 47 2722
1053	1053	(4) At the beginning of voting at each advance location where a drop box is present, the919
1054	1054	manager of the advance voting location shall open the drop box and confirm on the920
1055	1055	reconciliation form for that advance voting location that the drop box is empty. If the921
1056	1056	drop box is not empty, the manager shall secure the contents of the drop box and922
1057	1057	immediately inform the election superintendent, board of registrars, or absentee ballot923
1058	1058	clerk, who shall inform the Secretary of State."924
1059	1059	SECTION 32.925
1060	1060	Said chapter is further amended by revising Code Section 21-2-384, relating to preparation926
1061	1061	and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting927
1062	1062	absentee electors, master list of ballots sent, challenges, special absentee run-off ballots, and928
1063	1063	electronic transmission of ballots, as follows:929
1064	1064	"21-2-384.930
1065	1065	(a)(1) The superintendent shall, in consultation with the board of registrars or absentee931
1066	1066	ballot clerk, prepare, obtain, and deliver before the date specified in paragraph (2) of this932
1067	1067	subsection an adequate supply of official absentee ballots to the board of registrars or933
1068	1068	absentee ballot clerk for use in the primary or election or as soon as possible prior to a934
1069	1069	runoff. Envelopes and other supplies as required by this article may be ordered by the935
1070	1070	superintendent, the board of registrars, or the absentee ballot clerk for use in the primary936
1071	1071	or election.937
1072	1072	(2) The board of registrars or absentee ballot clerk shall mail or issue official absentee938
1073	1073	ballots to all eligible applicants not more than 29 49 days but not less than 25 45 days939
1074	1074	prior to any presidential preference primary, general primary other than a municipal940
1075	1075	general primary, general election other than a municipal general election, or special941
1076	1076	primary or special election in which there is a candidate for a federal office on the ballot;942
1077	1077	22 days prior to any municipal general primary or municipal general election; and as soon943
1078	1078	as possible prior to any runoff. In the case of all other special primaries or special944
1079	1079	H. B. 1060
1080	1080	- 37 - 24 LC 47 2722
1081	1081	elections, the board of registrars or absentee ballot clerk shall mail or issue official
1082	1082	945
1083	1083	absentee ballots to all eligible applicants within three days after the receipt of such ballots946
1084	1084	and supplies, but no earlier than 22 days prior to the election; provided, however, that947
1085	1085	official absentee ballots shall be issued to
1086	1086	should any elector of the jurisdiction who is948
1087	1087	entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizen949
1088	1088	Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended, be permitted to vote950
1089	1089	by absentee ballot beginning 49 days prior to a federal primary or election, all eligible951
1090	1090	applicants of such jurisdiction shall be entitled to vote by absentee ballot beginning 49952
1091	1091	days prior to such primary or election and not later than 45 days prior to a federal primary953
1092	1092	or election. As additional applicants who submitted timely applications for an absentee954
1093	1093	ballot are determined to be eligible, the board or clerk shall mail or issue official absentee955
1094	1094	ballots to such additional applicants immediately upon determining their eligibility;956
1095	1095	provided, however, that no absentee ballot shall be mailed by the registrars or absentee957
1096	1096	ballot clerk on the day prior to a primary or election and provided, further, that no958
1097	1097	absentee ballot shall be issued on the day prior to a primary or election. For all timely959
1098	1098	received applications for absentee ballots, the board of registrars or absentee ballot clerk960
1099	1099	shall mail or issue absentee ballots, provisional absentee ballots, and notices of rejection961
1100	1100	as soon as possible upon determining their eligibility within the time periods set forth in962
1101	1101	this subsection. During the period for advance voting set forth in Code Section 21-2-385,963
1102	1102	the board of registrars or absentee ballot clerk shall make such determinations and mail964
1103	1103	or issue absentee ballots, provisional absentee ballots, and notices of rejection of965
1104	1104	application within three days after receiving a timely application for an absentee ballot. 966
1105	1105	The board of registrars or absentee ballot clerk shall, within the same time periods967
1106	1106	specified in this subsection, electronically transmit official absentee ballots to all electors968
1107	1107	who have requested to receive their official absentee ballot electronically and are entitled969
1108	1108	to vote such absentee ballot under the federal Uniformed and Overseas Citizens Absentee970
1109	1109	Voting Act, 52 U.S.C. Section 20301, et seq., as amended.971
1110	1110	H. B. 1060
1111	1111	- 38 - 24 LC 47 2722
1112	1112	(3) The date a ballot is voted in the registrar's or absentee ballot clerk's office or the date
1113	1113	972
1114	1114	a ballot is mailed or issued to an elector and the date it is returned shall be entered on the973
1115	1115	application record therefor.974
1116	1116	(4) Notwithstanding any other provision of this chapter, an elector confined in a hospital
1117	1117	975
1118	1118	may make application for an absentee ballot The delivery of an absentee ballot to a976
1119	1119	person confined in a hospital may be made by the registrar or clerk on the day of a977
1120	1120	primary or election or during a ten-day five-day period immediately preceding the day978
1121	1121	of such primary or election. Such application shall immediately be processed and, if such979
1122	1122	applicant is determined to be eligible, the board of registrars or absentee ballot clerk may980
1123	1123	deliver the absentee ballot to such elector.981
1124	1124	(5) In the event an absentee ballot which has been mailed by the board of registrars or982
1125	1125	absentee ballot clerk is not received by the applicant, the applicant may notify the board983
1126	1126	of registrars or absentee ballot clerk and sign an affidavit stating that the absentee ballot984
1127	1127	has not been received. The board of registrars or absentee ballot clerk shall then issue a985
1128	1128	second absentee ballot to the applicant and cancel the original ballot issued. The affidavit986
1129	1129	shall be attached to the original application. A second application for an absentee ballot987
1130	1130	shall not be required.988
1131	1131	(b) Except for ballots voted within the confines of the registrar's or absentee ballot clerk's989
1132	1132	office, in addition to the mailing envelope addressed to the elector, the superintendent,990
1133	1133	board of registrars, or absentee ballot clerk shall provide two envelopes for each official991
1134	1134	absentee ballot, of such size and shape as shall be determined by the Secretary of State, in992
1135	1135	order to permit the placing of one within the other and both within the mailing envelope. 993
1136	1136	On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed994
1137	1137	the words 'Official Absentee Ballot' and nothing else. The On the back of the larger of the995
1138	1138	two envelopes to be enclosed within the mailing envelope shall contain be printed the form996
1139	1139	of oath of the elector and the oath for persons assisting electors, as provided for in Code997
1140	1140	Section 21-2-409, and the penalties provided for in Code Sections 21-2-568, 21-2-573,998
1141	1141	H. B. 1060
1142	1142	- 39 - 24 LC 47 2722
1143	1143	21-2-579, and 21-2-599 for violations of oaths; a place for the elector to print his or her999
1144	1144	name; a signature line; a space for the elector to print the number of his or her Georgia1000
1145	1145	driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40;1001
1146	1146	a space for the elector to mark to affirm that he or she does not have a Georgia driver's1002
1147	1147	license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40; a space1003
1148	1148	for the elector to print his or her date of birth; and a space for the elector to print the last1004
1149	1149	four digits of his or her social security number, if the elector does not have a Georgia1005
1150	1150	driver's license or state identification card issued pursuant to Article 5 of Chapter 5 of Title1006
1151	1151	40. The envelope shall be designed so that the number of the elector's Georgia driver's1007
1152	1152	license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40, the last1008
1153	1153	four digits of the elector's social security number, and the elector's date of birth shall be1009
1154	1154	hidden from view when the envelope is correctly sealed. Any person other than the elector1010
1155	1155	who requested the ballot, an authorized person who is assisting the elector entitled to1011
1156	1156	assistance in voting pursuant to Code Section 21-2-409, an absentee ballot clerk, registrar,1012
1157	1157	or law enforcement officer in the course of an investigation who knowingly unseals a1013
1158	1158	sealed absentee ballot envelope shall be guilty of a felony. On and on the face of such1014
1159	1159	envelope shall be printed the name and address of the board of registrars or absentee ballot1015
1160	1160	clerk. The larger of the two envelopes shall also display the elector's name and voter1016
1161	1161	registration number. The mailing envelope addressed to the elector shall contain the two1017
1162	1162	envelopes, the official absentee ballot, the uniform instructions for the manner of preparing1018
1163	1163	and returning the ballot, in form and substance as provided by the Secretary of State,1019
1164	1164	provisional absentee ballot information, if necessary, and a notice in the form provided by1020
1165	1165	the Secretary of State of all withdrawn, deceased, and disqualified candidates and any1021
1166	1166	substitute candidates pursuant to Code Sections 21-2-134 and 21-2-155 and nothing else. 1022
1167	1167	The uniform instructions shall include information specific to the voting system used for1023
1168	1168	absentee voting concerning the effect of overvoting or voting for more candidates than one1024
1169	1169	is authorized to vote for a particular office and information concerning how the elector may1025
1170	1170	H. B. 1060
1171	1171	- 40 - 24 LC 47 2722
1172	1172	correct errors in voting the ballot before it is cast including information on how to obtain
1173	1173	1026
1174	1174	a replacement ballot if the elector is unable to change the ballot or correct the error. The
1175	1175	1027
1176	1176	uniform instructions shall prominently include specific instructions stating that the elector1028
1177	1177	shall mark his or her ballot in private and sign the oath by writing his or her usual signature1029
1178	1178	with a pen and ink under penalty of false swearing that the elector has not allowed any1030
1179	1179	person to observe the marking of his or her ballot other than an authorized person lawfully1031
1180	1180	assisting the elector if the elector is entitled to assistance, the elector's child under 18 years1032
1181	1181	of age, or any child under 12 years of age and that the elector will not permit any1033
1182	1182	unauthorized person to deliver or return the voted ballot to the board of registrars. The1034
1183	1183	uniform instructions shall include a list of authorized persons who may deliver or return1035
1184	1184	the voted ballot to the board of registrars on behalf of the elector as provided in subsection1036
1185	1185	(a) of Code Section 21-2-385. The uniform instructions shall include the contact1037
1186	1186	information of the Secretary of State which may be used by the elector to report any1038
1187	1187	unauthorized person requesting to observe the elector voting his or her ballot or the1039
1188	1188	elector's voted ballot or any unauthorized person offering to deliver or return the voted1040
1189	1189	ballot to the board of registrars.1041
1190	1190	(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially1042
1191	1191	the following form:1043
1192	1192	'I, the undersigned, do swear (or affirm) under penalty of false swearing that I am a1044
1193	1193	citizen of the United States and of the State of Georgia; that I possess the qualifications1045
1194	1194	of an elector required by the laws of the State of Georgia; that I am entitled to vote in1046
1195	1195	the precinct containing my residence in the primary or election in which this ballot is1047
1196	1196	to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed1048
1197	1197	any other absentee ballot, nor will I mark or mail another absentee ballot for voting in1049
1198	1198	such primary or election; nor shall I vote therein in person; and that I have read and1050
1199	1199	understand the instructions accompanying this ballot; and that I have carefully complied1051
1200	1200	with such instructions in completing this ballot; that I have marked and sealed this1052
1201	1201	H. B. 1060
1202	1202	- 41 - 24 LC 47 2722
1203	1203	ballot in private and have not allowed any unauthorized person to observe the voting1053
1204	1204	of this ballot or how this ballot was voted except those authorized under state and1054
1205	1205	federal law; and that I will not give or transfer this ballot to any person not authorized1055
1206	1206	by law to deliver or return absentee ballots. I understand that the offer or acceptance1056
1207	1207	of money or any other object of value to vote for any particular candidate, list of1057
1208	1208	candidates, issue, or list of issues included in this election constitutes an act of voter1058
1209	1209	fraud and is a felony under Georgia law.1059
1210	1210	________________________1060
1211	1211	Signature or Mark of Elector 1061
1212	1212	________________________1062
1213	1213	Printed Name of Elector' 1063
1214	1214	Oath of Person Assisting Elector (if any):1064
1215	1215	'I, the undersigned, do swear (or affirm) that I assisted the above-named elector in1065
1216	1216	marking such elector's absentee ballot as such elector personally communicated such1066
1217	1217	elector's preference to me; and that such elector is entitled to receive assistance in1067
1218	1218	voting under provisions of subsection (a) of Code Section 21-2-409 (b) of Code1068
1219	1219	Section 21-2-385.1069
1220	1220	This, the ______ day of _________, _________.1070
1221	1221	____________________________1071
1222	1222	Signature of Person Assisting 1072
1223	1223	Elector 1073
1224	1224	____________________________1074
1225	1225	Printed Name of Person 1075
1226	1226	Assisting Elector 1076
1227	1227	H. B. 1060
1228	1228	- 42 - 24 LC 47 2722
1229	1229	Reason for assistance (Check appropriate square):
1230	1230	1077
1231	1231	G Elector is unable to read the English language.1078
1232	1232	G Elector requires assistance due to physical disability.'
1233	1233	1079
1234	1234	The forms upon which such oaths are printed shall contain the following information:1080
1235	1235	'Georgia law provides that any person who knowingly falsifies information so as to1081
1236	1236	vote illegally by absentee ballot or who illegally gives or receives assistance in voting,1082
1237	1237	as specified in Code Section 21-2-568 or 21-2-573, shall be guilty of a felony.'1083
1238	1238	(2) In the case of absent uniformed services or overseas voters, if the presidential1084
1239	1239	designee under Section 705(b) of the federal Help America Vote Act promulgates a1085
1240	1240	standard oath for use by such voters, the Secretary of State shall be required to use such1086
1241	1241	oath on absentee ballot materials for such voters and such oath shall be accepted in lieu1087
1242	1242	of the oath set forth in paragraph (1) of this subsection.1088
1243	1243	(d) Each board of registrars or absentee ballot clerk shall maintain for public inspection1089
1244	1244	a master list, arranged by precincts, setting forth the name and residence of every elector1090
1245	1245	to whom an official absentee ballot has been sent. Absentee electors whose names appear1091
1246	1246	on the master list may be challenged by any elector prior to 5:00 P.M. on the day before1092
1247	1247	absentee ballots are to begin being scanned and tabulated the primary or election.1093
1248	1248	(e)(1) The election superintendent shall prepare special absentee run-off ballots for1094
1249	1249	general primaries and general elections for use by qualified electors who are entitled to1095
1250	1250	vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee1096
1251	1251	Voting Act, 52 U.S.C. Section 20301, et seq.1097
1252	1252	(2) Such special absentee run-off ballots for the general primary shall list the titles of all1098
1253	1253	offices being contested at the general primary and the candidates qualifying for such1099
1254	1254	general primary for each office and shall permit the elector to vote in the general primary1100
1255	1255	runoff by indicating his or her order of preference for each candidate for each office. A1101
1256	1256	separate ballot shall be prepared for each political party, but a qualified elector under this1102
1257	1257	subsection shall be mailed only the ballot of the political party in whose primary such1103
1258	1258	H. B. 1060
1259	1259	- 43 - 24 LC 47 2722
1260	1260	elector requests to vote. The Secretary of State shall prepare instructions for use with1104
1261	1261	such special absentee run-off ballots, including instructions for voting by mail using an1105
1262	1262	electronically transmitted ballot. Such ballot shall be returned by the elector in the same1106
1263	1263	manner as other absentee ballots by such electors who are entitled to vote by absentee1107
1264	1264	ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 521108
1265	1265	U.S.C. Section 20301, et seq.1109
1266	1266	(3) Such special absentee run-off ballots for the general election shall list the titles of all1110
1267	1267	offices being contested at the general election and the candidates qualifying for such1111
1268	1268	general election for each office and shall permit the elector to vote in the general election1112
1269	1269	runoff by indicating his or her order of preference for each candidate for each office.1113
1270	1270	(4) To indicate order of preference for each candidate for each office to be voted on, an1114
1271	1271	elector shall put the numeral '1' next to the name of the candidate who is the elector's first1115
1272	1272	choice for such office, the numeral '2' for the elector's second choice, and so forth, in1116
1273	1273	consecutive numerical order, such that a numeral indicating the elector's preference is1117
1274	1274	written by the elector next to each candidate's name on the ballot. An elector shall not1118
1275	1275	be required to indicate preference for more than one candidate for an office if the elector1119
1276	1276	so chooses.1120
1277	1277	(5) A special absentee run-off ballot shall be enclosed with each general primary1121
1278	1278	absentee ballot sent to an elector who is entitled to vote by absentee ballot under the1122
1279	1279	federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301,1123
1280	1280	et seq., along with instructions on how to cast the special absentee run-off ballot and the1124
1281	1281	two envelopes to be used in returning such ballot as provided in subsection (b) of this1125
1282	1282	Code section, provided that the envelopes bear the notation of 'Official Overseas/Military1126
1283	1283	General Primary Run-off Ballot.' An elector shall be sent only the ballot containing the1127
1284	1284	candidates of the political party in whose primary such elector desires to vote.1128
1285	1285	(6) A special absentee run-off ballot shall be enclosed with each general election1129
1286	1286	absentee ballot sent to an elector entitled to vote by absentee ballot under the federal1130
1287	1287	H. B. 1060
1288	1288	- 44 - 24 LC 47 2722
1289	1289	Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et seq.,1131
1290	1290	along with instructions on how to cast the special absentee run-off ballot and the two1132
1291	1291	envelopes to be used in returning such ballot as provided in subsection (b) of this Code1133
1292	1292	section, provided that the envelopes bear the notation of 'Official Overseas/Military1134
1293	1293	General Election Run-off Ballot.' The State Election Board shall by rule or regulation1135
1294	1294	establish procedures for the transmission of blank absentee ballots by mail and by1136
1295	1295	electronic transmission for all electors who are entitled to vote by absentee ballot under1137
1296	1296	the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.1138
1297	1297	Section 20301, et seq., as amended, and by which such electors may designate whether1139
1298	1298	the elector prefers the transmission of such ballots by mail or electronically, for use in1140
1299	1299	county, state, and federal primaries, elections, and runoffs in this state and, if the1141
1300	1300	Secretary of State finds it to be feasible, for use in municipal primaries, elections, and1142
1301	1301	runoffs. If no preference is stated, the ballot shall be transmitted by mail. The State1143
1302	1302	Election Board shall by rule or regulation establish procedures to ensure to the extent1144
1303	1303	practicable that the procedures for transmitting such ballots shall protect the security and1145
1304	1304	integrity of such ballots and shall ensure that the privacy of the identity and other1146
1305	1305	personal data of such electors who are entitled to vote by absentee ballot under the federal1147
1306	1306	Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et1148
1307	1307	seq., as amended, to whom a blank absentee ballot is transmitted under this Code section1149
1308	1308	is protected throughout the process of such transmission."1150
1309	1309	SECTION 33.1151
1310	1310	Said chapter is further amended by revising subsections (a) and (d) of Code1152
1311	1311	Section 21-2-385, relating to procedure for voting by absentee ballot and advance voting, as1153
1312	1312	follows:1154
1313	1313	"(a) At any time after receiving an official absentee ballot, but before the day of the1155
1314	1314	primary or election, except electors who are confined to a hospital on the day of the1156
1315	1315	H. B. 1060
1316	1316	- 45 - 24 LC 47 2722
1317	1317	primary or election, the elector shall vote his or her absentee ballot, then fold the ballot and
1318	1318	1157
1319	1319	enclose and securely seal the same in the envelope on which is printed 'Official Absentee1158
1320	1320	Ballot.' This envelope shall then be placed in the second one, on which is printed the form1159
1321	1321	of the oath of the elector; the name and oath of the person assisting, if any; and other1160
1322	1322	required identifying information. The elector shall then fill out, subscribe, and swear to the1161
1323	1323	oath printed on such envelope. In order to verify that the absentee ballot was voted by the
1324	1324	1162
1325	1325	elector who requested the ballot, the elector shall print the number of his or her Georgia1163
1326	1326	driver's license number or identification card issued pursuant to Article 5 of Chapter 5 of1164
1327	1327	Title 40 in the space provided on the outer oath envelope. The elector shall also print his1165
1328	1328	or her date of birth in the space provided in the outer oath envelope. If the elector does not1166
1329	1329	have a Georgia driver's license or state identification card issued pursuant to Article 5 of1167
1330	1330	Chapter 5 of Title 40, the elector shall so affirm in the space provided on the outer oath1168
1331	1331	envelope and print the last four digits of his or her social security number in the space1169
1332	1332	provided on the outer oath envelope. If the elector does not have a Georgia driver's license,1170
1333	1333	identification card issued pursuant to Article 5 of Chapter 5 of Title 40, or a social security1171
1334	1334	number, the elector shall so affirm in the space provided on the outer oath envelope and1172
1335	1335	place a copy of one of the forms of identification set forth in subsection (c) of Code1173
1336	1336	Section 21-2-417 in the outer envelope. Such envelope shall then be securely sealed and1174
1337	1337	the elector shall then personally mail or personally deliver same to the board of registrars1175
1338	1338	or absentee ballot clerk, provided that mailing or delivery may be made by the elector's1176
1339	1339	mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece,1177
1340	1340	nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law,1178
1341	1341	brother-in-law, sister-in-law, or an individual residing in the household of such elector. 1179
1342	1342	The absentee ballot of a disabled elector may be mailed or delivered by the caregiver of1180
1343	1343	such disabled elector, regardless of whether such caregiver resides in such disabled1181
1344	1344	elector's household. The absentee ballot of an elector who is in custody in a jail or other1182
1345	1345	detention facility may be mailed or delivered by any employee of such jail or facility1183
1346	1346	H. B. 1060
1347	1347	- 46 - 24 LC 47 2722
1348	1348	having custody of such elector. An elector who is confined to a hospital on a primary or
1349	1349	1184
1350	1350	election day to whom an absentee ballot is delivered by the registrar or absentee ballot1185
1351	1351	clerk shall then and there vote the ballot, seal it properly, and return it to the registrar or1186
1352	1352	absentee ballot clerk. If the elector registered to vote for the first time in this state by mail1187
1353	1353	and has not previously provided the identification required by Code Section 21-2-220 and1188
1354	1354	votes for the first time by absentee ballot and fails to provide the identification required by1189
1355	1355	Code Section 21-2-220 with such absentee ballot, such absentee ballot shall be treated as1190
1356	1356	a provisional ballot and shall be counted only if the registrars are able to verify the1191
1357	1357	identification and registration of the elector during the time provided pursuant to Code1192
1358	1358	Section 21-2-419."1193
1359	1359	"(d)(1) There shall be a period of advance voting that shall commence:1194
1360	1360	(A) On the fourth Monday immediately prior to each primary or election; and
1361	1361	1195
1362	1362	(B) On the fourth Monday immediately prior to a runoff from a general primary;1196
1363	1363	(C) On the fourth Monday immediately prior to a runoff from a general election in1197
1364	1364	which there are candidates for a federal office on the ballot in the runoff; and1198
1365	1365	(D) As soon as possible prior to a runoff from any other general primary or election in1199
1366	1366	which there are only state or county candidates on the ballot in the runoff but no later1200
1367	1367	than the second Monday immediately prior to such runoff 1201
1368	1368	and shall end on the Friday immediately prior to each primary, election, or runoff. 1202
1369	1369	Voting shall be conducted beginning at 9:00 A.M. and ending at 5:00 P.M. during normal1203
1370	1370	business hours on weekdays, other than observed state holidays, during such period and1204
1371	1371	shall be conducted on the second and third Saturdays during the hours of 9:00 A.M.1205
1372	1372	through 5:00 P.M. and, if the registrar or absentee ballot clerk so chooses, the second1206
1373	1373	Sunday, the third Sunday, or both the second and third Sundays Saturday prior to a1207
1374	1374	primary or election during the hours determined by the registrar or absentee ballot clerk,1208
1375	1375	but no longer than 7:00 A.M. through 7:00 P.M. of 9:00 A.M. through 4:00 P.M.;1209
1376	1376	provided, however, that in primaries and elections in which there are no federal or state1210
1377	1377	H. B. 1060
1378	1378	- 47 - 24 LC 47 2722
1379	1379	candidates on the ballot, no Saturday voting hours shall be required; and provided,1211
1380	1380	further, that, if such second Saturday is a public and legal holiday pursuant to Code1212
1381	1381	Section 1-4-1, if such second Saturday follows a public and legal holiday occurring on1213
1382	1382	the Thursday or Friday immediately preceding such second Saturday, or if such second1214
1383	1383	Saturday immediately precedes a public and legal holiday occurring on the following1215
1384	1384	Sunday or Monday, such advance voting shall not be held on such second Saturday but1216
1385	1385	shall be held on the third Saturday prior to such primary or election beginning at 9:001217
1386	1386	A.M. and ending at 5:00 P.M. Except as otherwise provided in this paragraph, the1218
1387	1387	registrars counties and municipalities may extend the hours for voting to permit advance1219
1388	1388	voting from 7:00 A.M. until 7:00 P.M. beyond regular business hours and may provide1220
1389	1389	for additional voting locations pursuant to Code Section 21-2-382 to suit the needs of the1221
1390	1390	electors of the jurisdiction at their option; provided, however, that voting shall occur only1222
1391	1391	on the days specified in this paragraph and counties and municipalities shall not be1223
1392	1392	authorized to conduct advance voting on any other days.1224
1393	1393	(2) The registrars or absentee ballot clerk, as appropriate, shall provide reasonable notice1225
1394	1394	to the electors of their jurisdiction of the availability of advance voting as well as the1226
1395	1395	times, dates, and locations at which advance voting will be conducted. In addition, the1227
1396	1396	registrars or absentee ballot clerk shall notify the Secretary of State in the manner1228
1397	1397	prescribed by the Secretary of State of the times, dates, and locations at which advance1229
1398	1398	voting will be conducted.1230
1399	1399	(3) The board of registrars shall publish the dates, times, and locations of the availability1231
1400	1400	of advance voting in its jurisdiction on the homepage of the county's publicly accessible1232
1401	1401	website associated with elections or registrations, or if the county does not have such a1233
1402	1402	website, in a newspaper of general circulation, and by posting in a prominent location in1234
1403	1403	the county, no later than 14 days prior to the beginning of the advance voting period for1235
1404	1404	a general primary, special primary, general election, or special election and no later than1236
1405	1405	seven days prior to the beginning of the advance voting period for any run-off election. 1237
1406	1406	H. B. 1060
1407	1407	- 48 - 24 LC 47 2722
1408	1408	Any new advance voting locations added after that deadline shall be published in the1238
1409	1409	same manner as soon as possible. The board of registrars shall not remove any advance1239
1410	1410	voting location after the notice of such location is published, except in the case of an1240
1411	1411	emergency or unavoidable event that renders a location unavailable for use. Any changes1241
1412	1412	that are made due to an emergency or unavoidable event after a notice of a location has1242
1413	1413	been published shall be published as soon as possible in the same manner set forth in this1243
1414	1414	paragraph."1244
1415	1415	SECTION 34.1245
1416	1416	Said chapter is further amended by repealing subsection (e) of Code Section 21-2-385,1246
1417	1417	relating to procedure for voting by absentee ballot and advance voting, in its entirety.1247
1418	1418	SECTION 35.1248
1419	1419	Said chapter is further amended by revising Code Section 21-2-386, relating to safekeeping,1249
1420	1420	certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to1250
1421	1421	location designated by superintendent, duties of managers, precinct returns, report of returns1251
1422	1422	of verified and accepted absentee ballots cast as soon as possible following closing of polls,1252
1423	1423	notification of challenged elector, and unlawful disclosure of tabulation results, as follows:1253
1424	1424	"21-2-386.1254
1425	1425	(a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely, unopened,1255
1426	1426	and stored in a manner that will prevent tampering and unauthorized access all official1256
1427	1427	absentee ballots received from absentee electors prior to the closing of the polls on the1257
1428	1428	day of the primary or election except as otherwise provided in this subsection.1258
1429	1429	(B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the1259
1430	1430	receipt of the ballot on its envelope. The registrar or clerk shall then compare the1260
1431	1431	number of the elector's Georgia driver's license number or state identification card1261
1432	1432	issued pursuant to Article 5 of Chapter 5 of Title 40 and date of birth entered on the1262
1433	1433	H. B. 1060
1434	1434	- 49 - 24 LC 47 2722
1435	1435	absentee ballot envelope identifying information on the oath with the same information1263
1436	1436	contained in the elector's voter registration records. If the elector has affirmed on the1264
1437	1437	envelope that he or she does not have a Georgia driver's license or state identification1265
1438	1438	card issued pursuant to Article 5 of Chapter 5 of Title 40, the registrar or clerk shall1266
1439	1439	compare the last four digits of the elector's social security number and date of birth1267
1440	1440	entered on the envelope with the same information contained in the elector's voter1268
1441	1441	registration records. The registrar or clerk shall also confirm that the elector signed the1269
1442	1442	oath and the person assisting the elector, if any, signed the required oath. If the elector1270
1443	1443	has signed the elector's oath, the person assisting has signed the required oath, if1271
1444	1444	applicable, and the identifying information entered on the absentee ballot envelope1272
1445	1445	matches the same information contained in the elector's voter registration record, the1273
1446	1446	registrar or clerk shall on file in his or her office, shall compare the signature or mark1274
1447	1447	on the oath with the signature or mark on the absentee elector's voter registration card1275
1448	1448	or the most recent update to such absentee elector's voter registration card and1276
1449	1449	application for absentee ballot or a facsimile of said signature or mark taken from said1277
1450	1450	card or application, and shall, if the information and signature appear to be valid and1278
1451	1451	other identifying information appears to be correct, so certify by signing or initialing1279
1452	1452	his or her name below the voter's oath. Each elector's name so certified shall be listed1280
1453	1453	by the registrar or clerk on the numbered list of absentee voters prepared for his or her1281
1454	1454	precinct.1282
1455	1455	(C) If the elector has failed to sign the oath, or if the identifying information entered1283
1456	1456	on the absentee ballot envelope signature does not match the same information1284
1457	1457	appearing in the elector's voter registration record appear to be valid, or if the elector1285
1458	1458	has failed to furnish required information or information so furnished does not conform1286
1459	1459	with that on file in the registrar's or clerk's office, or if the elector is otherwise found1287
1460	1460	disqualified to vote, the registrar or clerk shall write across the face of the envelope1288
1461	1461	'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk1289
1462	1462	H. B. 1060
1463	1463	- 50 - 24 LC 47 2722
1464	1464	shall promptly notify the elector of such rejection, a copy of which notification shall be
1465	1465	1290
1466	1466	retained in the files of the board of registrars or absentee ballot clerk for at least two1291
1467	1467	years. Such elector shall have until the end of the period for verifying provisional1292
1468	1468	ballots contained in subsection (c) of Code Section 21-2-419 to cure the problem1293
1469	1469	resulting in the rejection of the ballot. The elector may cure a failure to sign the oath,1294
1470	1470	nonmatching identifying information
1471	1471	an invalid signature, or missing information by1295
1472	1472	submitting an affidavit to the board of registrars or absentee ballot clerk along with a1296
1473	1473	copy of one of the forms of identification enumerated in subsection (c) of Code1297
1474	1474	Section 21-2-417 before the close of such period. The affidavit shall affirm that the1298
1475	1475	ballot was submitted by the elector, is the elector's ballot, and that the elector is1299
1476	1476	registered and qualified to vote in the primary, election, or runoff in question. If the1300
1477	1477	board of registrars or absentee ballot clerk finds the affidavit and identification to be1301
1478	1478	sufficient, the absentee ballot shall be counted.1302
1479	1479	(D) An elector who registered to vote by mail, but did not comply with subsection (c)1303
1480	1480	of Code Section 21-2-220, and who votes for the first time in this state by absentee1304
1481	1481	ballot shall include with his or her application for an absentee ballot or in the outer oath1305
1482	1482	envelope of his or her absentee ballot either one of the forms of identification listed in1306
1483	1483	subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank1307
1484	1484	statement, government check, paycheck, or other government document that shows the1308
1485	1485	name and address of such elector. If such elector does not provide any of the forms of1309
1486	1486	identification listed in this subparagraph with his or her application for an absentee1310
1487	1487	ballot or with the absentee ballot, such absentee ballot shall be deemed to be a1311
1488	1488	provisional ballot and such ballot shall only be counted if the registrars are able to1312
1489	1489	verify current and valid identification of the elector as provided in this subparagraph1313
1490	1490	within the time period for verifying provisional ballots pursuant to Code1314
1491	1491	Section 21-2-419. The board of registrars or absentee ballot clerk shall promptly notify1315
1492	1492	the elector that such ballot is deemed a provisional ballot and shall provide information1316
1493	1493	H. B. 1060
1494	1494	- 51 - 24 LC 47 2722
1495	1495	on the types of identification needed and how and when such identification is to be
1496	1496	1317
1497	1497	submitted to the board of registrars or absentee ballot clerk to verify the ballot.1318
1498	1498	(E) Three copies of the numbered list of voters shall also be prepared for such rejected1319
1499	1499	absentee electors, giving the name of the elector and the reason for the rejection in each1320
1500	1500	case. Three copies of the numbered list of certified absentee voters and three copies of1321
1501	1501	the numbered list of rejected absentee voters for each precinct shall be turned over to1322
1502	1502	the poll manager in charge of counting the absentee ballots and shall be distributed as1323
1503	1503	required by law for numbered lists of voters.1324
1504	1504	(F) All absentee ballots returned to the board or absentee ballot clerk after the closing1325
1505	1505	of the polls on the day of the primary or election shall be safely kept unopened by the1326
1506	1506	board or absentee ballot clerk and then transferred to the appropriate clerk for storage1327
1507	1507	for the period of time required for the preservation of ballots used at the primary or1328
1508	1508	election and shall then, without being opened, be destroyed in like manner as the used1329
1509	1509	ballots of the primary or election. The board of registrars or absentee ballot clerk shall1330
1510	1510	promptly notify the elector by first-class mail that the elector's ballot was returned too1331
1511	1511	late to be counted and that the elector will not receive credit for voting in the primary1332
1512	1512	or election. All such late absentee ballots shall be delivered to the appropriate clerk and1333
1513	1513	stored as provided in Code Section 21-2-390.1334
1514	1514	(G) Notwithstanding any provision of this chapter to the contrary, until the United1335
1515	1515	States Department of Defense notifies the Secretary of State that the Department of1336
1516	1516	Defense has implemented a system of expedited absentee voting for those electors1337
1517	1517	covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by1338
1518	1518	eligible absentee electors who reside outside the county or municipality in which the1339
1519	1519	primary, election, or runoff is held and are members of the armed forces of the United1340
1520	1520	States, members of the merchant marine of the United States, spouses or dependents of1341
1521	1521	members of the armed forces or merchant marine residing with or accompanying such1342
1522	1522	members, or overseas citizens that are postmarked by the date of such primary, election,1343
1523	1523	H. B. 1060
1524	1524	- 52 - 24 LC 47 2722
1525	1525	or runoff and are received within the three-day period following such primary, election,
1526	1526	1344
1527	1527	or runoff, if proper in all other respects, shall be valid ballots and shall be counted and1345
1528	1528	included in the certified election results.1346
1529	1529	(2)(A) Beginning at 8:00 A.M. on the third Monday prior to
1530	1530	After the opening of the1347
1531	1531	polls on the day of the primary, election, or runoff, the election superintendent1348
1532	1532	registrars or absentee ballot clerks shall be authorized to open the outer oath envelope1349
1533	1533	of absentee ballots that have been verified and accepted pursuant to1350
1534	1534	subparagraph (a)(1)(B) of this Code section, on which is printed the oath of the elector1351
1535	1535	in such a manner as not to destroy the oath printed thereon; provided, however, that the1352
1536	1536	registrars or absentee ballot clerk shall not be authorized to remove the contents of such1353
1537	1537	outer envelope, or to open the inner envelope marked 'Official Absentee Ballot,' and1354
1538	1538	scan the absentee ballot using one or more ballot scanners except as otherwise provided1355
1539	1539	in this Code section. At least three persons who are registrars, deputy registrars, poll1356
1540	1540	workers, or absentee ballot clerks must be present before commencing; and three1357
1541	1541	persons who are registrars, deputy registrars, or absentee ballot clerks shall be present1358
1542	1542	at all times while the absentee ballot outer envelopes are being opened and the absentee1359
1543	1543	ballots are being scanned. However, no person shall tally, tabulate, estimate, or attempt1360
1544	1544	to tally, tabulate, or estimate or cause the ballot scanner or any other equipment to1361
1545	1545	produce any tally or tabulate, partial or otherwise, of the absentee ballots cast until the1362
1546	1546	time for the closing of the polls on the day of the primary, election, or runoff except as1363
1547	1547	provided in this Code section. Prior to beginning the process set forth in this paragraph,1364
1548	1548	the superintendent shall provide written notice to the Secretary of State in writing at1365
1549	1549	least seven days prior to processing and scanning absentee ballots. Such notice shall1366
1550	1550	contain the dates, start and end times, and location or locations where absentee ballots1367
1551	1551	will be processed and scanned. The superintendent shall also post such notice publicly1368
1552	1552	in a prominent location in the superintendent's office and on the home page of the1369
1553	1553	county election superintendent's website, if the county election superintendent1370
1554	1554	H. B. 1060
1555	1555	- 53 - 24 LC 47 2722
1556	1556	maintains such a website. The Secretary of State shall publish on his or her website the1371
1557	1557	information he or she receives from superintendents stating the dates, times, and1372
1558	1558	locations where absentee ballots will be processed. After opening the outer envelopes,1373
1559	1559	the ballots shall be safely and securely stored until the time for tabulating such ballots.1374
1560	1560	(B) The proceedings set forth in this paragraph shall be open to the view of the public,1375
1561	1561	but no person except one employed and designated by the superintendent shall touch1376
1562	1562	any ballot or ballot container. Any person involved in processing and scanning1377
1563	1563	absentee ballots shall swear an oath, in the same form as the oath for poll officers1378
1564	1564	provided in Code Section 21-2-95, prior to beginning the processing and scanning of1379
1565	1565	absentee ballots. The county executive committee or, if there is no organized county1380
1566	1566	executive committee, the state executive committee of each political party and political1381
1567	1567	body having candidates whose names appear on the ballot for such election shall have1382
1568	1568	the right to designate two persons and each independent and nonpartisan candidate1383
1569	1569	whose name appears on the ballot for such election shall have the right to designate one1384
1570	1570	person to act as monitors for such process. In the event that the only issue to be voted1385
1571	1571	upon in an election is a referendum question, the superintendent shall also notify in1386
1572	1572	writing the chief judge of the superior court of the county who shall appoint two1387
1573	1573	electors of the county to monitor such process. While viewing or monitoring the1388
1574	1574	process set forth in this paragraph, monitors and observers shall be prohibited from:1389
1575	1575	(i) In any way interfering with the processing or scanning of absentee ballots or the1390
1576	1576	conduct of the election;1391
1577	1577	(ii) Using or bringing into the room any photographic or other electronic monitoring1392
1578	1578	or recording devices, cellular telephones, or computers;1393
1579	1579	(iii) Engaging in any form of campaigning or campaign activity;1394
1580	1580	(iv) Taking any action that endangers the secrecy and security of the ballots;1395
1581	1581	(v) Touching any ballot or ballot container;1396
1582	1582	H. B. 1060
1583	1583	- 54 - 24 LC 47 2722
1584	1584	(vi) Tallying, tabulating, estimating, or attempting to tally, tabulate, or estimate,1397
1585	1585	whether partial or otherwise, any of the votes on the absentee ballots cast; and1398
1586	1586	(vii) Communicating any information that they see while monitoring the processing1399
1587	1587	and scanning of the absentee ballots, whether intentionally or inadvertently, about any1400
1588	1588	ballot, vote, or selection to anyone other than an election official who needs such1401
1589	1589	information to lawfully carry out his or her official duties.1402
1590	1590	(C) The State Election Board shall promulgate rules requiring reconciliation1403
1591	1591	procedures; prompt and undelayed scanning of ballots after absentee ballot envelopes1404
1592	1592	are opened; secrecy of election results prior to the closing of the polls on the day of a1405
1593	1593	primary, election, or runoff; and other protections to protect the integrity of the process1406
1594	1594	set forth in this paragraph.1407
1595	1595	(3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on the1408
1596	1596	day of the primary, election, or runoff open the inner envelopes in accordance with the1409
1597	1597	procedures prescribed in this subsection and begin tabulating the absentee ballots. If the1410
1598	1598	county election superintendent chooses to open the inner envelopes and begin tabulating1411
1599	1599	such ballots prior to the close of the polls on the day of the primary, election, or runoff,1412
1600	1600	the superintendent shall notify in writing, at least seven days prior to the primary,1413
1601	1601	election, or runoff, the Secretary of State of the superintendent's intent to begin the1414
1602	1602	absentee ballot tabulation prior to the close of the polls. The county executive committee1415
1603	1603	or, if there is no organized county executive committee, the state executive committee of1416
1604	1604	each political party and political body having candidates whose names appear on the1417
1605	1605	ballot for such election in such county shall have the right to designate two persons and1418
1606	1606	each independent and nonpartisan candidate whose name appears on the ballot for such1419
1607	1607	election in such county shall have the right to designate one person to act as monitors for1420
1608	1608	such process. In the event that the only issue to be voted upon in an election is a1421
1609	1609	referendum question, the superintendent shall also notify in writing the chief judge of the1422
1610	1610	H. B. 1060
1611	1611	- 55 - 24 LC 47 2722
1612	1612	superior court of the county who shall appoint two electors of the county to monitor such
1613	1613	1423
1614	1614	process.1424
1615	1615	(4) The county election superintendent shall publish a written notice in the1425
1616	1616	superintendent's office of the superintendent's intent to begin the absentee ballot1426
1617	1617	tabulation prior to the close of the polls and publish such notice at least one week prior1427
1618	1618	to the primary, election, or runoff in the legal organ of the county.1428
1619	1619	(5) The process for opening absentee ballot
1620	1620	the inner envelopes, scanning absentee1429
1621	1621	ballots, of and tabulating absentee ballots on the day of a primary, election, or runoff as1430
1622	1622	provided in this subsection shall be conducted in a manner a confidential process to1431
1623	1623	maintain the secrecy of all ballots and to protect the disclosure of any balloting1432
1624	1624	information before 7:00 P.M. on election day. No absentee ballots shall be tabulated1433
1625	1625	before 7:00 A.M. on the day of a primary, election, or runoff.1434
1626	1626	(6) All persons conducting the tabulation of absentee ballots during the day of a primary,1435
1627	1627	election, or runoff, including the vote review panel required by Code Section 21-2-483,1436
1628	1628	and all monitors and observers shall be sequestered until the time for the closing of the1437
1629	1629	polls. All such persons shall have no contact with the news media; shall have no contact1438
1630	1630	with other persons not involved in monitoring, observing, or conducting the tabulation;1439
1631	1631	shall not use any type of communication device including radios, telephones, and cellular1440
1632	1632	telephones; shall not utilize computers for the purpose of email, instant messaging, or1441
1633	1633	other forms of communication; and shall not communicate any information concerning1442
1634	1634	the tabulation until the time for the closing of the polls; provided, however, that1443
1635	1635	supervisory and technical assistance personnel shall be permitted to enter and leave the1444
1636	1636	area in which the tabulation is being conducted but shall not communicate any1445
1637	1637	information concerning the tabulation to anyone other than the county election1446
1638	1638	superintendent; the staff of the superintendent; those persons conducting, observing, or1447
1639	1639	monitoring the tabulation; and those persons whose technical assistance is needed for the1448
1640	1640	tabulation process to operate.1449
1641	1641	H. B. 1060
1642	1642	- 56 - 24 LC 47 2722
1643	1643	(7) The absentee ballots shall be tabulated in accordance with the procedures of this
1644	1644	1450
1645	1645	chapter for the tabulation of absentee ballots. As such ballots are tabulated, they shall be1451
1646	1646	placed into locked ballot boxes and may be transferred to locked ballot bags, if needed,1452
1647	1647	for security. The persons conducting the tabulation of the absentee ballots shall not cause1453
1648	1648	the tabulating equipment to produce any count, partial or otherwise, of the absentee votes1454
1649	1649	cast until the time for the closing of the polls except as otherwise provided in this Code
1650	1650	1455
1651	1651	section.1456
1652	1652	(b) When requested by the superintendent, but not earlier than the third Monday prior to1457
1653	1653	a primary, election, or runoff As soon as practicable after 7:00 A.M. on the day of the1458
1654	1654	primary, election, or runoff, in precincts other than those in which optical scanning1459
1655	1655	tabulators are used, a registrar or absentee ballot clerk shall deliver the official absentee1460
1656	1656	ballot of each certified absentee elector, each rejected absentee ballot, applications for such1461
1657	1657	ballots, and copies of the numbered lists of certified and rejected absentee electors to the1462
1658	1658	location manager in charge of the absentee ballot precinct of the county or municipality,1463
1659	1659	which shall be located in the precincts containing the county courthouse or polling place1464
1660	1660	designated by the municipal superintendent. In those precincts in which optical scanning1465
1661	1661	tabulators are used, such absentee ballots shall be taken to the tabulation center or other1466
1662	1662	place designated by the superintendent, and the superintendent or official receiving such1467
1663	1663	absentee ballots shall issue his or her receipt therefor. Except as otherwise provided in this1468
1664	1664	Code section, in no event shall the counting of the ballots begin before the polls close.1469
1665	1665	(c) The superintendent shall cause the verified and accepted absentee ballots to be opened1470
1666	1666	and tabulated as provided in this Code section. A Except as otherwise provided in this1471
1667	1667	Code section, after the close of the polls on the day of the primary, election, or runoff, a1472
1668	1668	manager shall then open the outer envelope in such manner as not to destroy the oath1473
1669	1669	printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in1474
1670	1670	a ballot box reserved for absentee ballots. In the event that an outer envelope is found to1475
1671	1671	contain an absentee ballot that is not in an inner envelope, the ballot shall be sealed in an1476
1672	1672	H. B. 1060
1673	1673	- 57 - 24 LC 47 2722
1674	1674	inner envelope, initialed and dated by the person sealing the inner envelope, and deposited
1675	1675	1477
1676	1676	in the ballot box and counted in the same manner as other absentee ballots, provided that1478
1677	1677	such ballot is otherwise proper. Such manager with two assistant managers, appointed by1479
1678	1678	the superintendent, with such clerks as the manager deems necessary shall count the1480
1679	1679	absentee ballots following the procedures prescribed by this chapter for other ballots,1481
1680	1680	insofar as practicable, and prepare an election return for the county or municipality
1681	1681	1482
1682	1682	showing the results of the absentee ballots cast in such county or municipality.1483
1683	1683	(d) All absentee ballots shall be counted and tabulated in such a manner that returns may1484
1684	1684	be reported by precinct; and separate returns shall be made for each precinct in which1485
1685	1685	absentee ballots were cast showing the results by each precinct in which the electors reside. 1486
1686	1686	The superintendent shall utilize the procedures set forth in this Code section to ensure that1487
1687	1687	the returns of verified and accepted absentee ballots cast are reported to the public as soon1488
1688	1688	as possible following the closing of the polls on the day of the primary, election, or runoff. 1489
1689	1689	Failure to utilize these procedures to ensure that the returns of verified and accepted1490
1690	1690	absentee ballots are reported as soon as possible following the close of polls shall subject1491
1691	1691	the superintendent to sanctions by the State Election Board. If a superintendent fails to1492
1692	1692	report the returns of verified and accepted absentee ballots by the day following the1493
1693	1693	election at 5:00 P.M., the State Election Board may convene an independent performance1494
1694	1694	review board pursuant to Code Section 21-2-107.1495
1695	1695	(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall1496
1696	1696	write 'Challenged,' the elector's name, and the alleged cause of challenge on the outer1497
1697	1697	envelope and shall deposit the ballot in a secure, sealed ballot box; and it shall be counted1498
1698	1698	as other challenged ballots are counted. Where direct recording electronic voting systems1499
1699	1699	are used for absentee balloting and a challenge to an elector's right to vote is made prior to1500
1700	1700	the time that the elector votes, the elector shall vote on a paper or optical scanning ballot1501
1701	1701	and such ballot shall be handled as provided in this subsection. The board of registrars or1502
1702	1702	absentee ballot clerk shall promptly notify the elector of such challenge.1503
1703	1703	H. B. 1060
1704	1704	- 58 - 24 LC 47 2722
1705	1705	(f) It shall be unlawful at any time prior to the close of the polls for any person to disclose
1706	1706	1504
1707	1707	or for any person to receive any information regarding the results of the tabulation of1505
1708	1708	absentee ballots except as expressly provided by law."1506
1709	1709	SECTION 36.1507
1710	1710	Said chapter is further amended by revising Code Section 21-2-390, relating to delivery of1508
1711	1711	election materials to clerk of superior court or city clerk, accounting for ballots, and1509
1712	1712	inspection and audit of information contained in absentee ballot applications or envelopes,1510
1713	1713	as follows:1511
1714	1714	"21-2-390.1512
1715	1715	(a)
1716	1716	All official absentee ballots and envelopes on which the forms of affidavits and jurats1513
1717	1717	appear shall be delivered to the clerk of the superior court or the city clerk upon the1514
1718	1718	conclusion of the primary or election and shall be safely kept by him or her for the period1515
1719	1719	required by law and then shall be destroyed. The applications for such ballots shall be1516
1720	1720	retained by the board of registrars or the municipal absentee ballot clerk for at least 241517
1721	1721	months and then may be destroyed. On the day following the primary or election, the1518
1722	1722	board of registrars or the municipal absentee ballot clerk shall transmit all canceled,1519
1723	1723	spoiled, and rejected absentee ballots and copies of requests for cancellation of absentee1520
1724	1724	ballots to the clerk of the superior court or the city clerk to be held with other election1521
1725	1725	materials as provided in Code Section 21-2-500. The registrars or the municipal absentee1522
1726	1726	ballot clerk shall also transmit an accounting of all absentee ballots, including the number1523
1727	1727	furnished by the registrars or the municipal absentee ballot clerk, the number issued to1524
1728	1728	electors, the number spoiled, and the number rejected.1525
1729	1729	(b) The Secretary of State shall be authorized to inspect and audit the information1526
1730	1730	contained in the absentee ballot applications or envelopes at his or her discretion at any1527
1731	1731	time during the 24 month retention period. Such audit may be conducted state wide or in1528
1732	1732	selected counties or cities and may include the auditing of a statistically significant sample1529
1733	1733	H. B. 1060
1734	1734	- 59 - 24 LC 47 2722
1735	1735	of the envelopes or a full audit of all of such envelopes. For this purpose, the Secretary of1530
1736	1736	State or his or her authorized agents shall have access to such envelopes in the custody of1531
1737	1737	the clerk of superior court or city clerk."1532
1738	1738	SECTION 37.1533
1739	1739	Said chapter is further amended by revising Code Section 21-2-403, relating to time for1534
1740	1740	opening and closing of polls and extended poll hours, as follows:1535
1741	1741	"21-2-403.1536
1742	1742	(a) At all primaries and elections the polls shall be opened at 7:00 A.M. eastern standard1537
1743	1743	time or eastern daylight time, whichever is applicable, and shall remain open continuously1538
1744	1744	until 7:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, at1539
1745	1745	which time they shall be closed; provided, however, that, in all cities having a population1540
1746	1746	of 300,000 or more according to the United States decennial census of 1970 or any future1541
1747	1747	such census, the polls shall remain open continuously until 8:00 P.M. eastern standard time1542
1748	1748	or eastern daylight time, whichever is applicable, during the cities' general elections, at1543
1749	1749	which time they shall be closed and provided, further, that, in a special election held to fill1544
1750	1750	a vacancy in an office in which the district represented by such office lies wholly within1545
1751	1751	the boundaries of a city, the polls shall close at the same time as for a municipal general1546
1752	1752	election in such city.1547
1753	1753	(b) Poll hours at a precinct may be extended only by order of a judge of the superior court1548
1754	1754	of the county in which the precinct is located upon good cause shown by clear and1549
1755	1755	convincing evidence that persons were unable to vote at that precinct during a specific1550
1756	1756	period or periods of time. Poll hours shall not be extended longer than the total amount of1551
1757	1757	time during which persons were unable to vote at such precinct. Any order extending poll1552
1758	1758	hours at a precinct beyond 9:00 P.M. shall be by written order with specific findings of fact1553
1759	1759	supporting such extension."1554
1760	1760	H. B. 1060
1761	1761	- 60 - 24 LC 47 2722
1762	1762	SECTION 38.
1763	1763	1555
1764	1764	Said chapter is further amended by revising subsections (c) and (e) of Code1556
1765	1765	Section 21-2-408, relating to poll watchers, designation, duties, removal for interference with1557
1766	1766	election, reports of infractions or irregularities, ineligibility of candidates to serve, and1558
1767	1767	training, as follows:1559
1768	1768	"(c) In counties or municipalities using direct recording electronic (DRE) voting systems1560
1769	1769	or optical scanning voting systems, each political party may appoint two poll watchers in1561
1770	1770	each primary or election, each political body may appoint two poll watchers in each1562
1771	1771	election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan1563
1772	1772	election, and each independent candidate may appoint one poll watcher in each election to1564
1773	1773	serve in the locations designated by the superintendent within the tabulating center. Such1565
1774	1774	designated locations shall include the check-in area, the computer room, the duplication1566
1775	1775	area, and such other areas as the superintendent may deem necessary to the assurance of1567
1776	1776	fair and honest procedures in the tabulating center. The locations designated by the
1777	1777	1568
1778	1778	superintendent shall ensure that each poll watcher can fairly observe the procedures set1569
1779	1779	forth in this Code section. The poll watchers provided for in this subsection shall be1570
1780	1780	appointed and serve in the same manner as other poll watchers."1571
1781	1781	"(e) No person shall be appointed or be eligible to serve as a poll watcher in any primary1572
1782	1782	or election in which such person is a candidate. No person shall be eligible to serve as a1573
1783	1783	poll watcher unless he or she has completed training provided by the political party,1574
1784	1784	political body, or candidate designating the poll watcher. Upon request, the Secretary of1575
1785	1785	State shall make available material to each political party, political body, or candidate that1576
1786	1786	can be utilized in such training but it shall be the responsibility of the political party,1577
1787	1787	political body, or candidate designating the poll watcher to instruct poll watchers in their1578
1788	1788	duties and in applicable laws and rules and regulations. Each political party, political body,1579
1789	1789	or candidate shall, in their written designation of poll watchers, certify under oath that the1580
1790	1790	named poll watchers have completed the training required by this Code section."1581
1791	1791	H. B. 1060
1792	1792	- 61 - 24 LC 47 2722
1793	1793	SECTION 39.
1794	1794	1582
1795	1795	Said chapter is further amended by revising subsections (a) and (e) of Code1583
1796	1796	Section 21-2-414, relating to restrictions on campaign activities, giving of food or water, and1584
1797	1797	public opinion polling within the vicinity of a polling place, cellular phone use prohibited,1585
1798	1798	prohibition of candidates from entering certain polling places, as follows:1586
1799	1799	"(a) No person shall solicit votes in any manner or by any means or method, nor shall any1587
1800	1800	person distribute or display any campaign material, nor shall any person give, offer to give,
1801	1801	1588
1802	1802	or participate in the giving of any money or gifts, including, but not limited to, food and1589
1803	1803	drink, to an elector, nor shall any person solicit signatures for any petition, nor shall any1590
1804	1804	person, other than election officials discharging their duties, establish or set up any tables1591
1805	1805	or booths on any day in which ballots are being cast:1592
1806	1806	(1) Within 150 feet of the outer edge of any building within which a polling place is1593
1807	1807	established;1594
1808	1808	(2) Within any polling place; or1595
1809	1809	(3) Within 25 feet of any voter standing in line to vote at any polling place.1596
1810	1810	These restrictions shall not apply to conduct occurring in private offices or areas which1597
1811	1811	cannot be seen or heard by such electors."1598
1812	1812	"(e) This Code section shall not be construed to prohibit a poll officer from distributing1599
1813	1813	materials, as required by law, which are necessary for the purpose of instructing electors1600
1814	1814	or from distributing materials prepared by the Secretary of State which are designed solely1601
1815	1815	for the purpose of encouraging voter participation in the election being conducted or from1602
1816	1816	making available self-service water from an unattended receptacle to an elector waiting in1603
1817	1817	line to vote."1604
1818	1818	SECTION 40.1605
1819	1819	Said chapter is further amended by revising subsections (a) and (b) of Code1606
1820	1820	Section 21-2-418, relating to provisional ballots, as follows:1607
1821	1821	H. B. 1060
1822	1822	- 62 - 24 LC 47 2722
1823	1823	"(a) If a person presents himself or herself at a polling place, absentee polling place, or
1824	1824	1608
1825	1825	registration office in his or her county of residence in this state for the purpose of casting1609
1826	1826	a ballot in a primary or election stating a good faith belief that he or she has timely1610
1827	1827	registered to vote in such county of residence in such primary or election and the person's1611
1828	1828	name does not appear on the list of registered electors, the person shall be entitled to cast1612
1829	1829	a provisional ballot in his or her county of residence in this state as provided in this Code1613
1830	1830	section. If the person presents himself or herself at a polling place in the county in which
1831	1831	1614
1832	1832	he or she is registered to vote, but not at the precinct at which he or she is registered to1615
1833	1833	vote, the poll officials shall inform the person of the polling location for the precinct where1616
1834	1834	such person is registered to vote. The poll officials shall also inform such person that any1617
1835	1835	votes cast by a provisional ballot in the wrong precinct will not be counted unless it is cast1618
1836	1836	after 5:00 P.M. and before the regular time for the closing of the polls on the day of the1619
1837	1837	primary, election, or runoff and unless the person executes a sworn statement, witnessed1620
1838	1838	by the poll official, stating that he or she is unable to vote at his or her correct polling place1621
1839	1839	prior to the closing of the polls and giving the reason therefor.1622
1840	1840	(b) Such person voting a provisional ballot shall complete an official voter registration1623
1841	1841	form and a provisional ballot voting certificate which shall include information about the1624
1842	1842	place, manner, and approximate date on which the person registered to vote. The person1625
1843	1843	shall swear or affirm in writing that he or she previously registered to vote in such primary1626
1844	1844	or election, is eligible to vote in such primary or election, has not voted previously in such1627
1845	1845	primary or election, and meets the criteria for registering to vote in such primary or1628
1846	1846	election. If the person is voting a provisional ballot in the county in which he or she is1629
1847	1847	registered to vote but not at the precinct in which he or she is registered to vote during the1630
1848	1848	period from 5:00 P.M. to the regular time for the closing of the polls on the day of the1631
1849	1849	primary, election, or runoff, the person shall execute a sworn statement, witnessed by the1632
1850	1850	poll official, stating that he or she is unable to vote at his or her correct polling place prior1633
1851	1851	to the closing of the polls and giving the reason therefor. The form of the provisional ballot1634
1852	1852	H. B. 1060
1853	1853	- 63 - 24 LC 47 2722
1854	1854	voting certificate shall be prescribed by the Secretary of State. The person shall also
1855	1855	1635
1856	1856	present the identification required by Code Section 21-2-417."1636
1857	1857	SECTION 41.1637
1858	1858	Said chapter is further amended by revising Code Section 21-2-419, relating to validation of1638
1859	1859	provisional ballots and reporting to Secretary of State, as follows:1639
1860	1860	"21-2-419.1640
1861	1861	(a) A person shall cast a provisional ballot on the same type of ballot that is utilized by the1641
1862	1862	county or municipality. Such provisional ballot shall be sealed in double envelopes as1642
1863	1863	provided in Code Section 21-2-384 and shall be deposited by the person casting such ballot1643
1864	1864	in a secure, sealed ballot box.1644
1865	1865	(b) At the earliest time possible after the casting of a provisional ballot, but no later than1645
1866	1866	the day after the primary or election in which such provisional ballot was cast, the board1646
1867	1867	of registrars of the county or municipality, as the case may be, shall be notified by the1647
1868	1868	election superintendent that provisional ballots were cast in the primary or election and the1648
1869	1869	registrars shall be provided with the documents completed by the person casting the1649
1870	1870	provisional ballot as provided in Code Section 21-2-418. Provisional ballots shall be1650
1871	1871	securely maintained by the election superintendent until a determination has been made1651
1872	1872	concerning their status. The board of registrars shall immediately examine the information1652
1873	1873	contained on such documents and make a good faith effort to determine whether the person1653
1874	1874	casting the provisional ballot was entitled to vote in the primary or election. Such good1654
1875	1875	faith effort shall include a review of all available voter registration documentation,1655
1876	1876	including registration information made available by the electors themselves and1656
1877	1877	documentation of modifications or alterations of registration data showing changes to an1657
1878	1878	elector's registration status. Additional sources of information may include, but are not1658
1879	1879	limited to, information from the Department of Driver Services, Department of Family and1659
1880	1880	H. B. 1060
1881	1881	- 64 - 24 LC 47 2722
1882	1882	Children Services, Department of Natural Resources, public libraries, or any other agency
1883	1883	1660
1884	1884	of government including, but not limited to, other county election and registration offices.1661
1885	1885	(c)(1) If the registrars determine after the polls close, but not later than three days1662
1886	1886	following the primary or election, that the person casting the provisional ballot timely1663
1887	1887	registered to vote and was eligible and entitled to vote in the precinct in which he or she
1888	1888	1664
1889	1889	voted in such primary or election, the registrars shall notify the election superintendent1665
1890	1890	and the provisional ballot shall be counted and included in the county's or municipality's1666
1891	1891	certified election results.1667
1892	1892	(2) If the registrars determine after the polls close, but not later than three days following1668
1893	1893	the primary or election, that the person voting the provisional ballot timely registered and1669
1894	1894	was eligible and entitled to vote in the primary or election but voted in the wrong1670
1895	1895	precinct, then the board of registrars shall notify the election superintendent only if such1671
1896	1896	person voted between the hours of 5:00 P.M. and the regular time for the closing of the1672
1897	1897	polls on the day of the primary, election, or runoff and provided the sworn statement1673
1898	1898	required by subsection (b) of Code Section 21-2-418. The superintendent shall count1674
1899	1899	such person's votes which were cast for candidates in those races for which the person1675
1900	1900	was entitled to vote but shall not count the votes cast for candidates in those races in1676
1901	1901	which such person was not entitled to vote. The superintendent shall order the proper1677
1902	1902	election official at the tabulating center or precinct to prepare an accurate duplicate ballot1678
1903	1903	containing only those votes cast by such person in those races in which such person was1679
1904	1904	entitled to vote for processing at the tabulating center or precinct, which shall be verified1680
1905	1905	in the presence of a witness. Such duplicate ballot shall be clearly labeled with the word1681
1906	1906	'Duplicate,' shall bear the designation of the polling place, and shall be given the same1682
1907	1907	serial number as the original ballot. The original ballot shall be retained and the sworn1683
1908	1908	statement required by subsection (b) of Code Section 21-2-418 shall be transmitted to the1684
1909	1909	Secretary of State with the certification documents required by paragraph (4) of1685
1910	1910	H. B. 1060
1911	1911	- 65 - 24 LC 47 2722
1912	1912	subsection (a) of Code Section 21-2-497 and such statement shall be reviewed by the1686
1913	1913	State Election Board.1687
1914	1914	(3) If the registrars determine that the person casting the provisional ballot did not timely1688
1915	1915	register to vote or was not eligible or entitled to vote in the precinct in which he or she1689
1916	1916	voted in such primary or election or shall be unable to determine within three days1690
1917	1917	following such primary or election whether such person timely registered to vote and was1691
1918	1918	eligible and entitled to vote in such primary or election, the registrars shall so notify the1692
1919	1919	election superintendent and such ballot shall not be counted. The election superintendent1693
1920	1920	shall mark or otherwise document that such ballot was not counted and shall deliver and1694
1921	1921	store such ballots with all other ballots and election materials as provided in Code1695
1922	1922	Section 21-2-500.1696
1923	1923	(d)(1) At the earliest time possible after a determination is made regarding a provisional1697
1924	1924	ballot, the board of registrars shall notify in writing those persons whose provisional1698
1925	1925	ballots were not counted that their ballots were not counted because of the inability of the1699
1926	1926	registrars to verify that the persons timely registered to vote or other proper reason. The1700
1927	1927	registrars shall process the official voter registration form completed by such persons1701
1928	1928	pursuant to Code Section 21-2-418 and shall add such persons to the electors list if found1702
1929	1929	qualified.1703
1930	1930	(2) At the earliest time possible after a determination is made regarding a provisional1704
1931	1931	ballot, the board of registrars shall notify in writing those electors who voted in the wrong1705
1932	1932	precinct and whose votes were partially counted of their correct precinct.1706
1933	1933	(e) The board of registrars shall complete a report in a form designated by the Secretary1707
1934	1934	of State indicating the number of provisional ballots cast and counted in the primary or1708
1935	1935	election."1709
1936	1936	H. B. 1060
1937	1937	- 66 - 24 LC 47 2722
1938	1938	SECTION 42.
1939	1939	1710
1940	1940	Said chapter is further amended by repealing Code Section 21-2-420, relating to procedure1711
1941	1941	for counting and tabulation of ballots, and Code Section 21-2-421, relating to posting of1712
1942	1942	required information after closing of polls and reporting to Secretary of State, in their1713
1943	1943	entirety.1714
1944	1944	SECTION 43.1715
1945	1945	Said chapter is further amended by revising subsections (a) and (d) of Code1716
1946	1946	Section 21-2-437, relating to procedure as to count and return of votes generally and void1717
1947	1947	ballots, as follows:1718
1948	1948	"(a) After the polls close and as soon as all the ballots have been properly accounted for1719
1949	1949	and those outside the ballot box as well as the voter's certificates, numbered list of voters,1720
1950	1950	and electors list have been sealed, the poll officers shall open the ballot box and take1721
1951	1951	therefrom all ballots contained therein. In primaries in which more than one ballot box is1722
1952	1952	used, any ballots or stubs belonging to another party holding its primary in the same polling1723
1953	1953	place shall be returned to the ballot box for the party for which they were issued. In1724
1954	1954	primaries, separate tally and return sheets shall be prepared for each party, and separate1725
1955	1955	poll officers shall be designated by the chief manager to count and tally each party's ballot. 1726
1956	1956	Where the same ballot box is being used by one or more parties, the ballots and stubs shall1727
1957	1957	first be divided by party before being tallied and counted. The ballots shall then be counted1728
1958	1958	one by one and a record made of the total number. Then the chief manager, together with1729
1959	1959	such assistant managers and other poll officers as the chief manager may designate, under1730
1960	1960	the scrutiny of one of the assistant managers and in the presence of the other poll officers,1731
1961	1961	shall read aloud the names of the candidates marked or written upon each ballot, together1732
1962	1962	with the office for which the person named is a candidate, and the answers contained on1733
1963	1963	the ballots to the questions submitted, if any; and the other assistant manager and clerks1734
1964	1964	shall carefully enter each vote as read and keep account of the same in ink on a sufficient1735
1965	1965	H. B. 1060
1966	1966	- 67 - 24 LC 47 2722
1967	1967	number of tally papers, all of which shall be made at the same time. All ballots, after being
1968	1968	1736
1969	1969	removed from the box, shall be kept within the unobstructed view of all persons in the1737
1970	1970	voting room until replaced in the box. No person, while handling the ballots, shall have1738
1971	1971	in his or her hand any pencil, pen, stamp, or other means of marking or spoiling any ballot.1739
1972	1972	The poll officers shall immediately proceed to canvass and compute the votes cast and shall1740
1973	1973	not adjourn or postpone the canvass or computation until it shall have been fully1741
1974	1974	completed, except that, in the discretion of the superintendent, the poll officers may stop
1975	1975	1742
1976	1976	the counting after all contested races and questions are counted, provided that the results1743
1977	1977	of these contested races and questions are posted for the information of the public outside1744
1978	1978	the polling place and the ballots are returned to the ballot box and deposited with the1745
1979	1979	superintendent until counting is resumed on the following day."1746
1980	1980	"(d) Any ballot marked so as to identify the voter shall be void and not counted, except a1747
1981	1981	ballot cast by a challenged elector whose name appears on the electors list; such challenged1748
1982	1982	vote shall be counted as prima facie valid but may be voided in the event of an election1749
1983	1983	contest. Any ballot marked by anything but pen or pencil shall be void and not counted.1750
1984	1984	Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote1751
1985	1985	for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if1752
1986	1986	otherwise properly marked. If an elector shall mark his or her ballot for more persons for1753
1987	1987	any nomination or office than there are candidates to be voted for such nomination or1754
1988	1988	office, or if, for any reason, it may be impossible to determine his or her choice for any1755
1989	1989	nomination or office, his or her ballot shall not be counted for such nomination or office;1756
1990	1990	but the ballot shall be counted for all nominations or offices for which it is properly1757
1991	1991	marked. Unmarked ballots or ballots improperly or defectively marked so that the whole1758
1992	1992	ballot is void shall be set aside and shall be preserved with other ballots. In primaries,1759
1993	1993	votes cast for candidates who have died, withdrawn, or been disqualified shall be void and1760
1994	1994	shall not be counted. Except as provided in subsection (g) of Code Section 21-2-1341761
1995	1995	H. B. 1060
1996	1996	- 68 - 24 LC 47 2722
1997	1997	regarding nonpartisan elections, in In elections, votes for candidates who have died or been1762
1998	1998	disqualified shall be void and shall not be counted."1763
1999	1999	SECTION 44.1764
2000	2000	Said chapter is further amended by revising subsection (a) of Code Section 21-2-438, relating1765
2001	2001	to ballots identifying voter, not marked, or improperly marked declared void, as follows:1766
2002	2002	"(a) Any ballot marked so as to identify the voter shall be void and not counted, except a1767
2003	2003	ballot cast by a challenged elector whose name appears on the electors list; such challenged1768
2004	2004	vote shall be counted as prima facie valid but may be voided in the event of an election1769
2005	2005	contest. Any ballot marked by anything but pen or pencil shall be void and not counted. 1770
2006	2006	Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote1771
2007	2007	for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if1772
2008	2008	otherwise properly marked. If an elector shall mark his or her ballot for more persons for1773
2009	2009	any nomination or office than there are candidates to be voted for such nomination or1774
2010	2010	office, or if, for any reason, it may be impossible to determine his or her choice for any1775
2011	2011	nomination or office, his or her ballot shall not be counted for such nomination or office;1776
2012	2012	but the ballot shall be counted for all nominations or offices for which it is properly1777
2013	2013	marked. Ballots not marked or improperly or defectively marked so that the whole ballot1778
2014	2014	is void shall be set aside and shall be preserved with the other ballots. In primaries, votes1779
2015	2015	cast for candidates who have died, withdrawn, or been disqualified shall be void and shall1780
2016	2016	not be counted. Except as provided in subsection (g) of Code Section 21-2-134 regarding1781
2017	2017	nonpartisan elections, in In elections, votes for candidates who have died or been1782
2018	2018	disqualified shall be void and shall not be counted."1783
2019	2019	SECTION 45.1784
2020	2020	Said chapter is further amended by revising subsection (a) of Code Section 21-2-480, relating1785
2021	2021	to caption for ballots, party designations, and form and arrangement, as follows:1786
2022	2022	H. B. 1060
2023	2023	- 69 - 24 LC 47 2722
2024	2024	"(a) At the top of each ballot for an election in a precinct using optical scanning voting
2025	2025	1787
2026	2026	equipment shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed1788
2027	2027	by the name and
2028	2028	designation of the precinct for which it is prepared and the name and date1789
2029	2029	of the election."1790
2030	2030	SECTION 46.1791
2031	2031	Said chapter is further amended by revising Code Section 21-2-482, relating to absentee1792
2032	2032	ballots for precincts using optical scanning voting equipment, as follows:1793
2033	2033	"21-2-482.1794
2034	2034	Ballots in a precinct using optical scanning voting equipment for voting by absentee1795
2035	2035	electors shall be prepared sufficiently in advance by the superintendent and shall be1796
2036	2036	delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots1797
2037	2037	shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots1798
2038	2038	required by Article 8 of this chapter, except that in counties or municipalities using voting1799
2039	2039	machines, direct recording electronic (DRE) units, or ballot scanners, the ballots may be1800
2040	2040	in substantially the form for the ballot labels required by Article 9 of this chapter or in such1801
2041	2041	form as will allow the ballot to be machine tabulated. Every such ballot shall have printed1802
2042	2042	on the face thereof the following:1803
2043	2043	'I understand that the offer or acceptance of money or any other object of value to vote1804
2044	2044	for any particular candidate, list of candidates, issue, or list of issues included in this1805
2045	2045	election constitutes an act of voter fraud and is a felony under Georgia law.'1806
2046	2046	The form for either ballot shall be determined and prescribed by the Secretary of State and1807
2047	2047	shall have printed at the top the name and designation of the precinct."1808
2048	2048	SECTION 47.1809
2049	2049	Said chapter is further amended by revising subsection (f) of Code Section 21-2-483, relating1810
2050	2050	to counting of ballots, public accessibility to tabulating center and precincts, execution of1811
2051	2051	H. B. 1060
2052	2052	- 70 - 24 LC 47 2722
2053	2053	ballot recap forms, procedure for torn, bent, or otherwise defective ballots, and preparation
2054	2054	1812
2055	2055	of duplicate ballots, as follows:1813
2056	2056	"(f) If it appears that a ballot is so torn, bent, or otherwise defective that it cannot be1814
2057	2057	processed by the tabulating machine, the superintendent, in his or her discretion, may order1815
2058	2058	a duplication panel
2059	2059	the proper election official at the tabulating center or precinct to prepare1816
2060	2060	a true duplicate copy for processing with the ballots of the same polling place, which shall1817
2061	2061	be verified in the presence of a witness. In a partisan election, the duplication panel shall1818
2062	2062	be composed of the election superintendent or a designee thereof and one person appointed1819
2063	2063	by the county executive committee of each political party having candidates whose names1820
2064	2064	appear on the ballot for such election, provided that, if there is no organized county1821
2065	2065	executive committee for a political party, the person shall be appointed by the state1822
2066	2066	executive committee of the political party. In a nonpartisan election or an election1823
2067	2067	involving only the presentation of a question to the electors, the duplication panel shall be1824
2068	2068	composed of the election superintendent or a designee thereof and two electors of the1825
2069	2069	county or municipality. In the case of a nonpartisan county or municipal election or an1826
2070	2070	election involving only the presentation of a question to the electors, the two elector1827
2071	2071	members of the panel shall be appointed by the chief judge of the superior court of the1828
2072	2072	county or municipality in which the election is held. In the case of a municipality which1829
2073	2073	is located in more than one county, the two elector members of the panel shall be appointed1830
2074	2074	by the chief judge of the superior court of the county in which the city hall of the1831
2075	2075	municipality is located. The election superintendent may create multiple duplication panels1832
2076	2076	to handle the processing of such ballots more efficiently. All duplicate ballots shall be1833
2077	2077	clearly labeled by the word 'duplicate,' shall bear the designation of the polling place, and1834
2078	2078	shall contain a unique number that will allow such duplicate ballot to be linked back to the1835
2079	2079	original ballot be given the same serial number as the defective ballot. The defective ballot1836
2080	2080	shall be retained."1837
2081	2081	H. B. 1060
2082	2082	- 71 - 24 LC 47 2722
2083	2083	SECTION 48.
2084	2084	1838
2085	2085	Said chapter is further amended by revising Code Section 21-2-492, relating to computation1839
2086	2086	and canvassing of returns, notice of place where returns will be computed and canvassed,1840
2087	2087	blank forms for making statements of returns, and swearing of assistants, as follows:1841
2088	2088	"21-2-492.1842
2089	2089	The superintendent shall arrange for the computation and canvassing of the returns of votes1843
2090	2090	cast at each primary and election at his or her office or at some other convenient public1844
2091	2091	place at the county seat or municipality following the close of the polls on the day of such
2092	2092	1845
2093	2093	primary or election with accommodations for those present insofar as space permits. An1846
2094	2094	interested candidate or his or her representative shall be permitted to keep or check his or1847
2095	2095	her own computation of the votes cast in the several precincts as the returns from the same1848
2096	2096	are read, as directed in this article. The superintendent shall give at least one week's notice1849
2097	2097	prior to the primary or election by publishing same in a conspicuous place in the1850
2098	2098	superintendent's office, of the time and place when and where he or she will commence and1851
2099	2099	hold his or her sessions for the computation and canvassing of the returns; and he or she1852
2100	2100	shall keep copies of such notice posted in his or her office during such period. The1853
2101	2101	superintendent shall procure a sufficient number of blank forms of returns made out in the1854
2102	2102	proper manner and headed as the nature of the primary or election may require, for making1855
2103	2103	out full and fair statements of all votes which shall have been cast within the county or any1856
2104	2104	precinct therein, according to the returns from the several precincts thereof, for any person1857
2105	2105	voted for therein, or upon any question voted upon therein. The assistants of the1858
2106	2106	superintendent in the computation and canvassing of the votes shall be first sworn by the1859
2107	2107	superintendent to perform their duties impartially and not to read, write, count, or certify1860
2108	2108	any return or vote in a false or fraudulent manner."1861
2109	2109	H. B. 1060
2110	2110	- 72 - 24 LC 47 2722
2111	2111	SECTION 49.
2112	2112	1862
2113	2113	Said chapter is further amended by revising subsections (a) and (k) of Code1863
2114	2114	Section 21-2-493, relating to computation, canvassing, and tabulation of returns,1864
2115	2115	investigation of discrepancies in vote counts, recount procedure, pilot program for posting1865
2116	2116	of digital images of scanned paper ballots, certification of returns, and change in returns, as1866
2117	2117	follows:1867
2118	2118	"(a) The superintendent shall, after the close of the polls
2119	2119	at or before 12:00 Noon on the1868
2120	2120	day of a following the primary or election, at his or her office or at some other convenient1869
2121	2121	public place at the county seat or in the municipality, of which due notice shall have been1870
2122	2122	given as provided by Code Section 21-2-492, publicly commence the computation and1871
2123	2123	canvassing of the returns and continue until all absentee ballots received by the close of the1872
2124	2124	polls, including those cast by advance voting, and all ballots cast on the day of the primary1873
2125	2125	or election have been counted and tabulated and the results of such tabulation released to1874
2126	2126	the public and, then, continuing with provisional ballots as provided in Code Sections1875
2127	2127	21-2-418 and 21-2-419 and those absentee ballots as provided in subparagraph (a)(1)(G)1876
2128	2128	of Code Section 21-2-386 the same from day to day until completed. For this purpose, the1877
2129	2129	superintendent may organize his or her assistants into sections, each of whom which may1878
2130	2130	simultaneously proceed with the computation and canvassing of the returns from various1879
2131	2131	precincts of the county or municipality in the manner provided by this Code section. Upon1880
2132	2132	the completion of such computation and canvassing, the superintendent shall tabulate the1881
2133	2133	figures for the entire county or municipality and sign, announce, and attest the same, as1882
2134	2134	required by this Code section."1883
2135	2135	"(k) As the returns from each precinct are read, computed, and found to be correct or1884
2136	2136	corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until1885
2137	2137	all the returns from the various precincts which are entitled to be counted shall have been1886
2138	2138	duly recorded; then they shall be added together, announced, and attested by the assistants1887
2139	2139	who made and computed the entries respectively and shall be signed by the superintendent. 1888
2140	2140	H. B. 1060
2141	2141	- 73 - 24 LC 47 2722
2142	2142	The consolidated returns shall then be certified by the superintendent in the manner
2143	2143	1889
2144	2144	required by this chapter. Such returns shall be certified by the superintendent not later than1890
2145	2145	5:00 P.M. on the Monday
2146	2146	second Friday following the date on which such election was1891
2147	2147	held and such returns shall be immediately transmitted to the Secretary of State; provided,1892
2148	2148	however, that such certification date may be extended by the Secretary of State in his or1893
2149	2149	her discretion if necessary to complete a precertification audit as provided in Code1894
2150	2150	Section 21-2-498."1895
2151	2151	SECTION 50.1896
2152	2152	Said chapter is further amended by repealing subsection (j.1) of Code Section 21-2-493,1897
2153	2153	relating to computation, canvassing, and tabulation of returns, investigation of discrepancies1898
2154	2154	in vote counts, recount procedure, pilot program for posting of digital images of scanned1899
2155	2155	paper ballots, certification of returns, and change in returns, in its entirety.1900
2156	2156	SECTION 51.1901
2157	2157	Said chapter is further amended by revising Code Section 21-2-501, relating to number of1902
2158	2158	votes required for election and runoff, as follows:1903
2159	2159	"21-2-501.1904
2160	2160	(a)(1) Except as otherwise provided in this Code section, no candidate shall be1905
2161	2161	nominated for public office in any primary or special primary or elected to public office1906
2162	2162	in any election or special election or shall take or be sworn into such elected public office1907
2163	2163	unless such candidate shall have received a majority of the votes cast to fill such1908
2164	2164	nomination or public office. In instances where no candidate receives a majority of the1909
2165	2165	votes cast, a run-off primary, special primary runoff, run-off election, or special election1910
2166	2166	runoff between the candidates receiving the two highest numbers of votes shall be held. 1911
2167	2167	Unless such date is postponed by a court order, such run-off primary, special primary1912
2168	2168	runoff, run-off election, or special election runoff shall be held on the twenty-eighth day1913
2169	2169	H. B. 1060
2170	2170	- 74 - 24 LC 47 2722
2171	2171	after the day of holding the preceding general or special primary or general or special1914
2172	2172	election as provided in this subsection.1915
2173	2173	(2) In the case of a runoff from a general primary or a special primary or special election1916
2174	2174	held in conjunction with a general primary, the runoff shall be held on the Tuesday of the1917
2175	2175	ninth week following such general primary.1918
2176	2176	(3) In the case of a runoff from a general election for a federal office or a runoff from a1919
2177	2177	special primary or special election for a federal office held in conjunction with a general1920
2178	2178	election, the runoff shall be held on the Tuesday of the ninth week following such general1921
2179	2179	election.1922
2180	2180	(4) In the case of a runoff from a general election for an office other than a federal office1923
2181	2181	or a runoff from a special primary or special election for an office other than a federal1924
2182	2182	office held in conjunction with a general election, the runoff shall be held on the1925
2183	2183	twenty-eighth day after the day of holding the preceding general election.1926
2184	2184	(5) In the case of a runoff from a special primary or special election for a federal office1927
2185	2185	not held in conjunction with a general primary or general election, the runoff shall be held1928
2186	2186	on the Tuesday of the ninth week following such special primary or special election.1929
2187	2187	(6) In the case of a runoff from a special primary or special election for an office other1930
2188	2188	than a federal office not held in conjunction with a general primary or general election,1931
2189	2189	the runoff shall be held on the twenty-eighth day after the day of holding the preceding1932
2190	2190	special primary or special election; provided, however, that, if such runoff is from a1933
2191	2191	special primary or special election held in conjunction with a special primary or special1934
2192	2192	election for a federal office and there is a runoff being conducted for such federal office,1935
2193	2193	the runoff from the special primary or special election conducted for such other office1936
2194	2194	may be held in conjunction with the runoff for the federal office.1937
2195	2195	(7) If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible,1938
2196	2196	the remaining candidates receiving the two highest numbers of votes shall be the1939
2197	2197	candidates in the runoff.1940
2198	2198	H. B. 1060
2199	2199	- 75 - 24 LC 47 2722
2200	2200	(8)(3) The candidate receiving the highest number of the votes cast in such run-off1941
2201	2201	primary, special primary runoff, run-off election, or special election runoff to fill the1942
2202	2202	nomination or public office sought shall be declared the winner.1943
2203	2203	(9)(4) The name of a write-in candidate eligible for election in a runoff shall be printed1944
2204	2204	on the election or special election run-off ballot in the independent column.1945
2205	2205	(10)(5) The run-off primary, special primary runoff, run-off election, or special election1946
2206	2206	runoff shall be a continuation of the primary, special primary, election, or special election1947
2207	2207	for the particular office concerned. Only the electors who are were duly registered to1948
2208	2208	vote and not subsequently deemed disqualified to vote in the runoff primary, special1949
2209	2209	primary, election, or special election for candidates for that particular office shall be1950
2210	2210	entitled to vote therein, and only those votes cast for the persons designated as candidates1951
2211	2211	in such run-off primary, special primary runoff, run-off election, or special election1952
2212	2212	runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall1953
2213	2213	vote in a run-off primary or special primary runoff in violation of Code Section 21-2-224.1954
2214	2214	(b) For the purposes of this subsection, the word 'plurality' shall mean the receiving by one1955
2215	2215	candidate alone of the highest number of votes cast. If the municipal charter or ordinances1956
2216	2216	of a municipality as now existing or as amended subsequent to September 1, 1968, provide1957
2217	2217	that a candidate may be nominated or elected by a plurality of the votes cast to fill such1958
2218	2218	nomination or public office, such provision shall prevail. Otherwise, no municipal1959
2219	2219	candidate shall be nominated for public office in any primary or elected to public office in1960
2220	2220	any election unless such candidate shall have received a majority of the votes cast to fill1961
2221	2221	such nomination or public office.1962
2222	2222	(c) In instances in which no municipal candidate receives a majority of the votes cast and1963
2223	2223	the municipal charter or ordinances do not provide for nomination or election by a plurality1964
2224	2224	vote, a run-off primary or election shall be held between the candidates receiving the two1965
2225	2225	highest numbers of votes. Such runoff shall be held on the twenty-eighth day after the day1966
2226	2226	of holding the first primary or election, unless such run-off date is postponed by court1967
2227	2227	H. B. 1060
2228	2228	- 76 - 24 LC 47 2722
2229	2229	order; provided, however, that, in the case of a runoff from a municipal special election that1968
2230	2230	is held in conjunction with a special election for a federal office and not in conjunction1969
2231	2231	with a general primary or general election, the municipality may conduct such runoff from1970
2232	2232	such municipal special election on the date of the special election runoff for the federal1971
2233	2233	office. Only the electors entitled to vote in the first primary or election shall be entitled to1972
2234	2234	vote in any run-off primary or election resulting therefrom; provided, however, that no. 1973
2235	2235	No elector shall vote in a run-off primary in violation of Code Section 21-2-216. The1974
2236	2236	run-off primary or election shall be a continuation of the first primary or election, and only1975
2237	2237	those votes cast for the candidates receiving the two highest numbers of votes in the first1976
2238	2238	primary or election shall be counted. No write-in votes may be cast in such a primary,1977
2239	2239	run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws,1978
2240	2240	dies, or is found to be ineligible, the remaining candidates receiving the two highest1979
2241	2241	numbers of votes shall be the candidates in such runoff. The municipal candidate receiving1980
2242	2242	the highest number of the votes cast in such run-off primary or run-off election to fill the1981
2243	2243	nomination or public office sought shall be declared the winner. The municipality shall1982
2244	2244	give written notice to the Secretary of State of such runoff as soon as such municipality1983
2245	2245	certifies the preceding primary, special primary, election, or special election.1984
2246	2246	(d) The name of a municipal write-in candidate eligible for election in a municipal runoff1985
2247	2247	shall be printed on the municipal run-off election ballot in the independent column.1986
2248	2248	(e) In all cities having a population in excess of 100,000 according to the United States1987
2249	2249	decennial census of 1980 or any future such census, in order for a municipal candidate to1988
2250	2250	be nominated for public office in any primary or elected to public office in any municipal1989
2251	2251	election, he or she must receive a majority of the votes cast.1990
2252	2252	(f) Except for presidential electors, to be elected to public office in a general election, a1991
2253	2253	candidate must receive a majority of the votes cast in an election to fill such public office. 1992
2254	2254	To be elected to the office of presidential electors, no slate of candidates shall be required1993
2255	2255	H. B. 1060
2256	2256	- 77 - 24 LC 47 2722
2257	2257	to receive a majority of the votes cast, but that slate of candidates shall be elected to such
2258	2258	1994
2259	2259	office which receives the highest number of votes cast."1995
2260	2260	SECTION 52.1996
2261	2261	Said chapter is further amended by revising Code Section 21-2-540, relating to conduct of1997
2262	2262	special primaries and special elections generally, as follows:1998
2263	2263	"21-2-540.1999
2264	2264	(a)(1)
2265	2265	Every special primary and special election shall be held and conducted in all2000
2266	2266	respects in accordance with the provisions of this chapter relating to general primaries2001
2267	2267	and general elections; and the provisions of this chapter relating to general primaries and2002
2268	2268	general elections shall apply thereto insofar as practicable and as not inconsistent with2003
2269	2269	any other provisions of this chapter. All special primaries and special elections held at2004
2270	2270	the time of a general primary, as provided by Code Section 21-2-541, shall be conducted2005
2271	2271	by the poll officers by the use of the same equipment and facilities, insofar as practicable,2006
2272	2272	as are used for such general primary. All special primaries and special elections held at2007
2273	2273	the time of a general election, as provided by Code Section 21-2-541, shall be conducted2008
2274	2274	by the poll officers by the use of the same equipment and facilities, insofar so far as2009
2275	2275	practicable, as are used for such general election.2010
2276	2276	(2) If a vacancy occurs in a partisan office to which the Governor is authorized to2011
2277	2277	appoint an individual to serve until the next general election, a special primary shall2012
2278	2278	precede the special election.2013
2279	2279	(b) At least 29 days shall intervene between the call of a special primary and the holding2014
2280	2280	of same, and at least 29 days shall intervene between the call of a special election and the2015
2281	2281	holding of same. The period during which candidates may qualify to run in a special2016
2282	2282	primary or a special election shall remain open for a minimum of two and one-half days. 2017
2283	2283	Special primaries and special elections which are to be held in conjunction with the2018
2284	2284	presidential preference primary, a state-wide general primary, or state-wide general2019
2285	2285	H. B. 1060
2286	2286	- 78 - 24 LC 47 2722
2287	2287	election shall be called at least 90 days prior to the date of such presidential preference
2288	2288	2020
2289	2289	primary, state-wide general primary, or state-wide general election; provided, however, that2021
2290	2290	this requirement shall not apply to special primaries and
2291	2291	special elections held on the same2022
2292	2292	date as such presidential preference primary, state-wide general primary, or state-wide2023
2293	2293	general election but conducted completely separate and apart from such state-wide general2024
2294	2294	primary or state-wide general election using different ballots or voting equipment,2025
2295	2295	facilities, poll workers, and paperwork. 2026
2296	2296	(c)(1) Notwithstanding any other provision of law to the contrary, a special primary or2027
2297	2297	special election to fill a vacancy in a county or municipal office shall be held only on one2028
2298	2298	of the following dates which is at least 29 days after the date of the call for the special2029
2299	2299	election:2030
2300	2300	(A) In odd-numbered years, any such special primary or special election shall only be2031
2301	2301	held on:2032
2302	2302	(i) The third Tuesday in March;2033
2303	2303	(ii) The third Tuesday in June;2034
2304	2304	(iii) The third Tuesday in September; or2035
2305	2305	(iv) The Tuesday after the first Monday in November; and2036
2306	2306	(B) In even-numbered years, any such special primary or special election shall only be2037
2307	2307	held on:2038
2308	2308	(i) The third Tuesday in March; provided, however, that in the event that a special2039
2309	2309	primary or special election is to be held under this provision in a year in which a2040
2310	2310	presidential preference primary is to be held, then any such special primary or special2041
2311	2311	election shall be held on the date of and in conjunction with the presidential2042
2312	2312	preference primary;2043
2313	2313	(ii) The date of the general primary; or2044
2314	2314	(iii) The Tuesday after the first Monday in November;2045
2315	2315	H. B. 1060
2316	2316	- 79 - 24 LC 47 2722
2317	2317	provided, however, that, in the event that a special primary or special election to fill a2046
2318	2318	federal or state office on a date other than the dates provided in this paragraph has been2047
2319	2319	scheduled and it is possible to hold a special primary or special election to fill a vacancy2048
2320	2320	in a county, municipal, or school board office in conjunction with such special primary2049
2321	2321	or special election to fill a federal or state office, the special primary or special election2050
2322	2322	to fill such county, municipal, or school board office may be held on the date of and in2051
2323	2323	conjunction with such special primary or special election to fill such federal or state2052
2324	2324	office, provided all other provisions of law regarding such primaries and elections are2053
2325	2325	met.2054
2326	2326	(2) Notwithstanding any other provision of law to the contrary, a special election to2055
2327	2327	present a question to the voters shall be held only on one of the following dates which is2056
2328	2328	at least 29 days after the date of the call for the special election: 2057
2329	2329	(A) In odd-numbered years, any such special election shall only be held on the third2058
2330	2330	Tuesday in March or on the Tuesday after the first Monday in November; and2059
2331	2331	(B) In even-numbered years, any such special election shall only be held on: 2060
2332	2332	(i) The date of and in conjunction with the presidential preference primary if one is2061
2333	2333	held that year;2062
2334	2334	(ii) The third Tuesday in March; provided, however, that such special election shall2063
2335	2335	occur prior to July 1, 2024, and present a question to the voters on sales and use taxes2064
2336	2336	authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;2065
2337	2337	(iii) The date of the general primary; or2066
2338	2338	(iv)(iii) The Tuesday after the first Monday in November.2067
2339	2339	(3) The provisions of this subsection shall not apply to:2068
2340	2340	(A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,'2069
2341	2341	to recall a public officer or to fill a vacancy in a public office caused by a recall2070
2342	2342	election; and2071
2343	2343	H. B. 1060
2344	2344	- 80 - 24 LC 47 2722
2345	2345	(B) Special primaries or special elections to fill vacancies in federal or state public
2346	2346	2072
2347	2347	offices.2073
2348	2348	(d) Except as otherwise provided by this chapter, the superintendent of each county or2074
2349	2349	municipality shall publish the call of the special primary or
2350	2350	special election.2075
2351	2351	(e)(1) Candidates in special elections for partisan offices that are not preceded by special2076
2352	2352	primaries shall be listed alphabetically on the ballot and may choose to designate on the2077
2353	2353	ballot their party affiliation. The party affiliation selected by a candidate shall not be2078
2354	2354	changed following the close of qualifying.2079
2355	2355	(2) Candidates in special primaries shall be listed alphabetically on the ballot."2080
2356	2356	SECTION 53.2081
2357	2357	Said chapter is further amended by revising subsection (b) of Code Section 21-2-541, relating2082
2358	2358	to holding of special primary or special election at time of general primary or general2083
2359	2359	election, as follows:2084
2360	2360	"(b) If the times specified for the closing of the registration list for a special primary or2085
2361	2361	special election are the same as those for a general primary or general election, the2086
2362	2362	candidates and questions in such special primary or special election shall be included on2087
2363	2363	the ballot for such general primary or general election. In such an instance, the name of2088
2364	2364	the office and the candidates in such special primary or special election shall appear on the2089
2365	2365	ballot in the position where such names would ordinarily appear if such contest was a2090
2366	2366	general primary or general election."2091
2367	2367	SECTION 54.2092
2368	2368	Said chapter is further amended by revising Code Section 21-2-542, relating to special2093
2369	2369	primary and special election for United States senator vacancy and temporary appointment2094
2370	2370	by Governor, as follows:2095
2371	2371	H. B. 1060
2372	2372	- 81 - 24 LC 47 2722
2373	2373	"21-2-542.
2374	2374	2096
2375	2375	Whenever a vacancy shall occur in the representation of this state in the Senate of the2097
2376	2376	United States, such vacancy shall be filled for the unexpired term by the vote of the electors2098
2377	2377	of the state at a special primary to be held at the time of the next general primary followed
2378	2378	2099
2379	2379	by a special election to be held at the time of the next November state-wide general2100
2380	2380	election, occurring at least 40 days after the occurrence of such vacancy; and it shall be the2101
2381	2381	duty of the Governor to issue his or her proclamation for such special primary and special2102
2382	2382	election. Until such time as the vacancy shall be filled by an election as provided in this2103
2383	2383	Code section, the Governor may make a temporary appointment to fill such vacancy."2104
2384	2384	SECTION 55.2105
2385	2385	Said chapter is further amended by repealing Code Section 21-2-546, relating to filling chief2106
2386	2386	judge vacancies in civil and magistrate courts, in its entirety.2107
2387	2387	SECTION 56.2108
2388	2388	Said chapter is further amended by revising subsection (a) of Code Section 21-2-568, relating2109
2389	2389	to entry into voting compartment or booth while another voting, interfering with elector,2110
2390	2390	inducing elector to reveal or revealing elector's vote, and influencing voter while assisting,2111
2391	2391	as follows:2112
2392	2392	"(a) Any person who knowingly:2113
2393	2393	(1) Goes into the voting compartment or voting machine booth while another is voting2114
2394	2394	or marks the ballot or registers the vote for another, except in strict accordance with this2115
2395	2395	chapter;2116
2396	2396	(2) Interferes with any elector marking his or her ballot or registering his or her vote;2117
2397	2397	(3) Attempts to induce any elector before depositing his or her ballot to show how he or2118
2398	2398	she marks or has marked his or her ballot; or2119
2399	2399	H. B. 1060
2400	2400	- 82 - 24 LC 47 2722
2401	2401	(4) Discloses to anyone how another elector voted, without said elector's consent, except
2402	2402	2120
2403	2403	when required to do so in any legal proceeding; or
2404	2404	2121
2405	2405	(5) Accepts an absentee ballot from an elector for delivery or return to the board of2122
2406	2406	registrars except as authorized by subsection (a) of Code Section 21-2-3852123
2407	2407	shall be guilty of a felony."2124
2408	2408	SECTION 57.2125
2409	2409	Said chapter is further amended by repealing Code Section 21-2-568.1, relating to intentional2126
2410	2410	observation of voting, and Code Section 21-2-568.2, relating to photographic and other2127
2411	2411	electronic monitoring of ballots prohibited, in their entirety.2128
2412	2412	SECTION 58.2129
2413	2413	Chapter 35 of Title 36 of the Official Code of Georgia Annotated, relating to home rule2130
2414	2414	powers, is amended by revising subsection (a) of Code Section 36-35-4.1, relating to2131
2415	2415	reapportionment of election districts for municipal elections, as follows:2132
2416	2416	"(a) Subject to the limitations provided by this Code section, the governing authority of2133
2417	2417	any municipal corporation is authorized to reapportion the election districts from which2134
2418	2418	members of the municipal governing authority are elected following publication of the2135
2419	2419	United States decennial census of 1980 or any future such census. Such reapportionment2136
2420	2420	of districts shall be effective for the election of members to the municipal governing2137
2421	2421	authority at the next regular general municipal election following the publication of the2138
2422	2422	decennial census; provided, however, that, if the publication of the decennial census occurs2139
2423	2423	within 120 days of the next general or special municipal election, such reapportionment of2140
2424	2424	districts shall be effective for any subsequent special election and the subsequent general2141
2425	2425	municipal election."2142
2426	2426	H. B. 1060
2427	2427	- 83 - 24 LC 47 2722
2428	2428	SECTION 59.
2429	2429	2143
2430	2430	Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended2144
2431	2431	by revising subsection (b) of Code Section 50-13-4, relating to procedural requirements for2145
2432	2432	adoption, amendment, or repeal of rules, emergency rules, limitation on action to contest2146
2433	2433	rule, and legislative override, as follows:2147
2434	2434	"(b) If any agency finds that an imminent peril to the public health, safety, or welfare,2148
2435	2435	including but not limited to, summary processes such as quarantines, contrabands, seizures,2149
2436	2436	and the like authorized by law without notice, requires adoption of a rule upon fewer than2150
2437	2437	30 days' notice and states in writing its reasons for that finding, it may proceed without2151
2438	2438	prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable2152
2439	2439	to adopt an emergency rule. Any such rule adopted relative to a public health emergency2153
2440	2440	shall be submitted as promptly as reasonably practicable to the House of Representatives2154
2441	2441	and Senate Committees on Judiciary, provided that any such rule adopted relative to a state
2442	2442	2155
2443	2443	of emergency by the State Election Board shall be submitted as soon as practicable but not2156
2444	2444	later than 20 days prior to the rule taking effect. Any emergency rule adopted by the State2157
2445	2445	Election Board pursuant to the provisions of this subsection may be suspended upon the2158
2446	2446	majority vote of the House of Representatives or Senate Committees on Judiciary within2159
2447	2447	ten days of the receipt of such rule by the committees. The rule may be effective for a2160
2448	2448	period of not longer than 120 days but the adoption of an identical rule under2161
2449	2449	paragraphs (1) and (2) of subsection (a) of this Code section is not precluded; provided,2162
2450	2450	however, that such a rule adopted pursuant to discharge of responsibility under an2163
2451	2451	executive order declaring a state of emergency or disaster exists as a result of a public2164
2452	2452	health emergency, as defined in Code Section 38-3-3, shall be effective for the duration of2165
2453	2453	the emergency or disaster and for a period of not more than 120 days thereafter."2166
2454	2454	H. B. 1060
2455	2455	- 84 - 24 LC 47 2722
2456	2456	SECTION 60.
2457	2457	2167
2458	2458	Said title is further amended by repealing subsection (k) of Code Section 50-18-71, relating2168
2459	2459	to right of access, timing, fees, denial of requests, and impact of electronic records.2169
2460	2460	SECTION 61.2170
2461	2461	This Act shall become effective upon its approval by the Governor or upon its becoming law2171
2462	2462	without such approval.2172
2463	2463	SECTION 62.2173
2464	2464	All laws and parts of laws in conflict with this Act are repealed.2174
2465	2465	H. B. 1060
2466	2466	- 85 -