24 LC 47 2722
House Bill 1060
By: Representatives Scott of the 76
th
, Schofield of the 63
rd
, and Davis of the 87
th
A BILL TO BE ENTITLED
AN ACT
To comprehensively revise elections and voting by repealing Act No. 9 (Senate Bill No. 202)
1
approved on March 25, 2021 (Ga. L. 2021, p. 14); to amend Chapter 2 of Title 21 of the2
Official Code of Georgia Annotated, relating to elections and primaries generally, so as to3
revise certain definitions; to remove authority of the Attorney General to establish and4
maintain a telephone hotline; to restore the Secretary of State as the chairperson of the State5
Election Board; to remove certain powers and authority of the State Election Board; to6
remove certain additional requirements on the State Election Board's power to adopt7
emergency rules and regulations; to remove limitations on election superintendents or boards8
of registrars accepting private funding; to revise the qualifications of poll workers; to remove9
provisions relative to local election officials; to provide for handling the death of a candidate;10
to remove provisions relative to a state list of eligible electors; to revise the criteria and11
methods for the reduction in size of precincts under certain circumstances; to revise the form12
of ballots; to revise procedures and standards for challenging electors; to provide for notice13
when polling places are relocated; to provide for the number of voting booths in precincts14
where optical scanning voting systems are used; to provide for electronic ballot marker15
testing; to provide for the time and manner for applying for absentee ballots; to revise the16
manner of processing of absentee ballot applications; to revise the time and manner of17
issuing absentee ballots; to revise for the manner of voting and returning absentee ballots;18
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to revise the times for advance voting; to revise the manner of processing and tabulating
19
absentee ballots; to revise and repeal certain sanctions; to provide for poll watchers; to20
remove certain restrictions on the distribution of certain items within close proximity to the21
polls on election days; to revise the manner of voting and processing of provisional ballots;22
to revise the time for runoffs; to revise the deadline for election certification; to provide for23
special elections generally; to amend Chapter 35 of Title 36 of the Official Code of Georgia24
Annotated, relating to home rule powers, so as to repeal the delay of reapportionment of25
municipal corporation election districts when census numbers are delayed; to amend Title 5026
of the Official Code of Georgia Annotated, relating to general provisions regarding state27
government, so as to repeal certain limitations on the submission and suspension of28
emergency rules by the State Election Board; to repeal certain provisions making scanned29
ballot images public records; to provide for related matters; to provide for an effective date;30
to repeal conflicting laws; and for other purposes.31
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:32
SECTION 1.33
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and34
primaries generally, is amended by revising paragraph (35) of Code Section 21-2-2, relating35
to definitions, as follows:36
"(35) 'Superintendent' means:37
(A) Either the judge of the probate court of a county or the county board of elections,38
the county board of elections and registration, the joint city-county board of elections,39
or the joint city-county board of elections and registration, if a county has such;40
(B) In the case of a municipal primary, the municipal executive committee of the41
political party holding the primary within a municipality or its agent or, if none, the42
county executive committee of the political party or its agent;43
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(C) In the case of a nonpartisan municipal primary, the person appointed by the proper
44
municipal executive committee; and
45
(D) In the case of a municipal election, the person appointed by the governing46
authority pursuant to the authority granted in Code Section 21-2-70; and47
(E) In the case of the State Election Board exercising its powers under subsection (f)48
of Code Section 21-2-33.1, the individual appointed by the State Election Board to49
exercise the power of election superintendent."50
SECTION 2.51
Said chapter is further amended by revising Code Section 21-2-3, relating to telephone52
hotline for electors reporting voter intimidation or illegal election activities, as follows:53
"21-2-3.54
The Attorney General shall have the authority to establish and maintain a telephone hotline55
for the use of electors of this state to file complaints and allegations of voter intimidation56
and illegal election activities. Such hotline shall, in addition to complaints and reports57
from identified persons, also accept anonymous tips regarding voter intimidation and58
election fraud. The Attorney General shall have the authority to review each complaint or59
allegation of voter intimidation or illegal election activities within three business days or60
as expeditiously as possible and determine if such complaint or report should be61
investigated or prosecuted Reserved."62
SECTION 3.63
Said chapter is further amended by revising Code Section 21-2-30, relating to creation,64
membership, terms of service, vacancies, quorum, bylaws, meetings, and executive director,65
as follows:66
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"21-2-30.
67
(a) There is created a state board to be known as the State Election Board,
. On and after68
July 1, 2024, such board shall to be composed of a chairperson elected by the General69
Assembly the Secretary of State, an elector to be elected by a majority vote of the Senate70
of the General Assembly at its regular session held in each odd-numbered year, an elector71
to be elected by a majority vote of the House of Representatives of the General Assembly72
at its regular session held in each odd-numbered year, and a member of each political party73
to be nominated and appointed in the manner provided in this Code section. No person74
while a member of the General Assembly shall serve as a member of the board. 75
(a.1)(1) The chairperson shall be elected by the General Assembly in the following76
manner: A joint resolution which shall fix a definite time for the nomination and election77
of the chairperson may be introduced in either branch of the General Assembly. Upon78
passage of the resolution by a majority vote of the membership of the Senate and House79
of Representatives, it shall be the duty of the Speaker of the House of Representatives to80
call for the nomination and election of the chairperson at the time specified in the81
resolution, at which time the name of the qualified person receiving a majority vote of the82
membership of the House of Representatives shall be transmitted to the Senate for83
confirmation. Upon the qualified person's receiving a majority vote of the membership84
of the Senate, he or she shall be declared the duly elected chairperson; and the Governor85
shall be notified of his or her election by the Secretary of the Senate. The Governor is86
directed to administer the oath of office to the chairperson and to furnish the chairperson87
with a properly executed commission of office certifying his or her election. 88
(2) The chairperson of the board shall be nonpartisan. At no time during his or her89
service as chairperson shall the chairperson actively participate in a political party90
organization or in the campaign of a candidate for public office, nor shall he or she make91
any campaign contributions to a candidate for public office. Furthermore, to qualify for92
appointment as chairperson, in the two years immediately preceding his or her93
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appointment, a person shall not have qualified as a partisan candidate for public office,
94
participated in a political party organization or the campaign of a partisan candidate for95
public office, or made any campaign contributions to a partisan candidate for public96
office. 97
(3) The term of office of the chairperson shall continue until a successor is elected as98
provided in paragraph (1) of this subsection. In the event of a vacancy in the position of99
chairperson at a time when the General Assembly is not in session, it shall be the duty of100
the Governor and the Governor is empowered and directed to appoint a chairperson101
possessing the qualifications as provided in this subsection who shall serve as chairperson102
until the next regular session of the General Assembly, at which time the nomination and103
election of a chairperson shall be held by the General Assembly as provided in104
paragraph (1) of this subsection.105
(b) A member elected by a house of the General Assembly shall take office on the day106
following the adjournment of the regular session in which elected and shall serve for a term107
of two years and until his or her successor is elected and qualified, unless sooner removed.108
An elected member of the board may be removed at any time by a majority vote of the109
house which elected him or her. In the event a vacancy should occur in the office of such110
a member of the board at a time when the General Assembly is not in session, then the111
President of the Senate shall thereupon appoint an elector to fill the vacancy if the prior112
incumbent of such office was elected by the Senate or appointed by the President of the113
Senate; and the Speaker of the House of Representatives shall thereupon appoint an elector114
to fill the vacancy if the prior incumbent of such office was elected by the House of115
Representatives or appointed by the Speaker of the House of Representatives. A member116
appointed to fill a vacancy may be removed at any time by a majority vote of the house117
whose presiding officer appointed him or her.118
(c) Within 30 days after April 3, 1968, the state executive committee of each political119
party shall nominate a member of its party to serve as a member of the State Election Board120
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and, thereupon, the Governor shall appoint such nominee as a member of the board to serve
121
for a term of two years from the date of the appointment and until his or her successor is122
elected and qualified, unless sooner removed. Thereafter, such state executive committee123
shall select a nominee for such office on the board within 30 days after a vacancy occurs124
in such office and shall also select a nominee at least 30 days prior to the expiration of the125
term of each incumbent nominated by it; and each such nominee shall be immediately126
appointed by the Governor as a member of the board to serve for the unexpired term in the127
case of a vacancy, and for a term of two years in the case of an expired term. Each128
successor, other than one appointed to serve an unexpired term, shall serve for a term of129
two years; and the terms shall run consecutively from the date of the initial gubernatorial130
appointment. No person shall be eligible for nomination by such state executive committee131
unless he or she is an elector and a member in good standing of the political party of the132
committee. Such a member shall cease to serve on the board and his or her office shall be133
abolished if and when his or her political organization shall cease to be a 'political party'134
as defined in Code Section 21-2-2.135
(d) The Secretary of State shall be an ex officio nonvoting member
the chairperson of the136
board. Three voting members of the board shall constitute a quorum, and no vacancy on137
the board shall impair the right of the quorum to exercise all the powers and perform all the138
duties of the board. The board shall adopt a seal for its use and bylaws for its own139
government and procedure.140
(e) Meetings shall be held whenever necessary for the performance of the duties of the141
board on call of the chairperson or whenever any two of its members so request. Minutes142
shall be kept of all meetings of the board and a record kept of the vote of each member on143
all questions coming before the board. The chairperson shall give to each member of the144
board prior notice of the time and place of each meeting of the board.145
(f) If any member of the board, other than the Secretary of State, shall qualify as a146
candidate for any public office which is to be voted upon in any primary or election147
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regulated by the board, that member's position on the board shall be immediately vacated
148
and such vacancy shall be filled in the manner provided for filling other vacancies on the149
board.150
(g) On and after July 1, 2023, the board shall be a separate and distinct budget unit as
151
defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided,152
however, that the board shall be attached for administrative purposes only to the office of153
the Secretary of State as provided for in Code Section 50-4-3. The board shall neither be154
under the jurisdiction of the Secretary of State nor shall it be considered a division of the155
office of the Secretary of State.156
(h) The board shall have the power to appoint an executive director who shall be a157
full-time employee of the board. The executive director shall serve at the pleasure of the158
board, and the board shall in its discretion appoint and fix the compensation of the159
executive director. The executive director shall be charged with such duties and powers160
as provided in this Code section or as delegated by the board. The executive director shall161
serve as the secretary of the board ex officio but shall not be a voting member of the board162
or a member for the purposes of constituting a quorum.163
(i) The executive director and other employees of the board shall be reimbursed for travel164
and other expenses incurred in the performance of their duties in the same manner as165
officers and employees of the office of the Secretary of State.166
(j) Venue of any action involving members of the board shall be the county in which is167
found the primary office of the board. Any notice or legal process necessary to be served168
upon the board may be served upon the executive director, but the executive director shall169
not be considered a member of the board in determining the venue of any such action, and170
no court shall have jurisdiction over any such action solely by virtue of the executive171
director residing or maintaining a residence within its jurisdiction.172
(k) The executive director shall:173
(1) Keep all records of the board and its proceedings;174
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(2) With the approval of the board, employ and fix the compensation of personnel as175
determined necessary to assist the executive director in his or her duties;176
(3) With the consent of the board, schedule the time and location of all meetings and177
hearings, as well as maintain a schedule of all meetings and hearings available for public178
review;179
(4) With the approval of the board, enter into such contracts, leases, agreements, or other180
transactions with any person or agency as are deemed necessary to carry out the181
provisions of this chapter or to provide the services required by the board; and182
(5) On or before the second Tuesday in January of each year, prepare and deliver a183
written annual report to the Governor and the chairpersons of the House and Senate184
Appropriations Committees describing the activities of the board for the previous185
calendar year. Such report shall be made available to any member of the General186
Assembly upon request. The report shall include a summary of all actions taken by the187
board and a financial report of all income and disbursements and staff personnel. The188
Governor may request a preliminary financial report for budgetary purposes prior to the189
executive director delivering the annual report."190
SECTION 4.191
Said chapter is further amended by repealing subsections (f), (g), and (h) of Code192
Section 21-2-33.1, relating to enforcement of chapter, suspension of election superintendents,193
and support and assistance from the Secretary of State, in their entirety.194
SECTION 5.195
Such chapter is further amended by repealing Code Section 21-2-33.2, relating to196
extraordinary relief, hearings, suspension and reinstatement of superintendents, and litigation197
expenses, in its entirety.198
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SECTION 6.
199
Said chapter is further amended by repealing Code Section 21-2-35, relating to emergency200
rules and regulations, imminent peril requirement, and procedures, in its entirety.201
SECTION 7.202
Said chapter is further amended by repealing Code Section 21-2-36, relating to notification203
of proposed consent agreement, settlement, or consent order, in its entirety.204
SECTION 8.205
Said chapter is further amended by revising Code Section 21-2-71, relating to payment by206
county or municipality of superintendent's expenses and study and report on acceptance and207
equitable distribution of donations, as follows:208
"21-2-71.209
(a)
The governing authority of each county or municipality shall appropriate annually and210
from time to time, to the superintendent of such county or municipality, the funds that it211
shall deem necessary for the conduct of primaries and elections in such county or212
municipality and for the performance of his or her other duties under this chapter,213
including:214
(1) Compensation of the poll officers, custodians, and other assistants and employees215
provided for in this chapter;216
(2) Expenditures and contracts for expenditures by the superintendent for polling places;217
(3) Purchase or printing, under contracts made by the superintendent, of all ballots and218
other election supplies required by this chapter, or which the superintendent shall219
consider necessary to carry out the provisions of this chapter;220
(4) Maintenance of all voting equipment required by this chapter, or which the221
superintendent shall consider necessary to carry out this chapter; and222
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(5) All other expenses arising out of the performance of his or her duties under this
223
chapter.224
(b) No superintendent, county, or municipality shall take or accept any grants or gifts for
225
purposes of administering this chapter from any source other than the State of Georgia or226
the federal government.227
(c) The State Election Board shall study and report to the General Assembly a proposed228
method for accepting donations intended to facilitate the administration of elections and229
a method for an equitable distribution of such donations state wide by October 1, 2021."230
SECTION 9.231
Said chapter is further amended by repealing Code Section 21-2-74.1, relating to acting232
election superintendent during vacancy, in its entirety.233
SECTION 10.234
Said chapter is further amended by revising subsection (a) of Code Section 21-2-92, relating235
to qualifications of poll officers, service during municipal election or primary, and Student236
Teen Election Participant (STEP) program, as follows:237
"(a)(1) Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be238
judicious, intelligent, and upright citizens of the United States, residents of or otherwise239
employed by the county in which they are appointed except as otherwise provided in240
paragraph (2) of this subsection or, in the case of municipal elections, residents of or241
otherwise employed by the municipality in which the election is to be held or of the242
county in which that municipality is located, 16 years of age or over, and able to read,243
write, and speak the English language. No poll officer shall be eligible for any244
nomination for public office or to be voted for at a primary or election at which the poll245
officer shall serve. No person who is otherwise holding public office, other than a246
political party office, shall be eligible to be appointed as or to serve as a poll officer. A247
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parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law,
248
daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to249
serve as a poll officer in any precinct in which such candidate's name appears on the250
ballot in any primary or election.251
(2) A poll officer may be allowed to serve in a county that adjoins the county in which
252
such poll officer resides if, in the discretion of the election superintendent of the county253
in which such person resides, the waiver of such county residency or county employment254
requirements of paragraph (1) of this subsection do not impair the ability of the county255
to provide adequate staff for the performance of election duties under this chapter and if,256
in the discretion of the county election superintendent in which such person wishes to257
serve, sufficient need for more poll officers exists."258
SECTION 11.259
Said chapter is further amended by repealing Part 5 of Article 2, relating to local election260
officials, in its entirety.261
SECTION 12.262
Said chapter is further amended by repealing subsection (g) of Code Section 21-2-134,263
relating to withdrawal, death, or disqualification of candidate for office, return of qualifying264
fee, and nomination certificate, in its entirety.265
SECTION 13.266
Said chapter is further amended by revising subsection (f) of Code Section 21-2-212, relating267
to county registrars, appointment, certification, term of service, vacancies, compensation and268
expenses of chief registrar, registrars, and other officers and employees, and budget269
estimates, as follows:270
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"(f) The board of registrars of each county shall prepare annually a budget estimate in
271
which it shall set forth an itemized list of its expenditures for the preceding two years and272
an itemized estimate of the amount of money necessary to be appropriated for the ensuing273
year and shall submit the same at the time and in the manner and form other county budget274
estimates are required to be filed. No board of registrars shall take or accept any grants or
275
gifts for the purpose of administering this chapter from any source other than from the State276
of Georgia or the federal government."277
SECTION 14.278
Said chapter is further amended by revising Code Section 21-2-229, relating to challenge of279
applicant for registration by other electors, notice and hearing, right of appeal, and sanctions280
for board's noncompliance, as follows:281
"21-2-229.282
(a) Any elector of a county or municipality may challenge the qualifications of any person283
applying to register to vote in the county or municipality and may challenge the284
qualifications of any elector of the county or municipality whose name appears on the list285
of electors. Such challenges shall be in writing and shall specify distinctly the grounds of286
the challenge. There shall not be a limit on the number of persons whose qualifications287
such elector may challenge.288
(b) Upon such challenge being filed with the board of registrars, the registrars shall set a289
hearing on such challenge within ten business days after serving notice of the challenge.290
Notice of the date, time, and place of the hearing shall be served upon the person whose291
qualifications are being challenged along with a copy of such challenge and upon the292
elector making the challenge within ten business days following the filing of the challenge. 293
The person being challenged shall receive at least three days' notice of the date, time, and294
place of the hearing. Such notice shall be served either by first-class mail addressed to the295
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mailing address shown on the person's voter registration records or in the manner provided
296
in subsection (c) of Code Section 21-2-228.297
(c) The burden shall be on the elector making the challenge to prove that the person being298
challenged is not qualified to remain on the list of electors. The board of registrars shall299
have the authority to issue subpoenas for the attendance of witnesses and the production300
of books, papers, and other material upon application by the person whose qualifications301
are being challenged or the elector making the challenge. The party requesting such302
subpoenas shall be responsible to serve such subpoenas and, if necessary, to enforce the303
subpoenas by application to the superior court. Any witness so subpoenaed, and after304
attending, shall be allowed and paid the same mileage and fee as allowed and paid305
witnesses in civil actions in the superior court.306
(d) After the hearing provided for in this Code section, the registrars shall determine said307
challenge and shall notify the parties of their decision. If the registrars uphold the308
challenge, the person's application for registration shall be rejected or the person's name309
removed from the list of electors, as appropriate. The elector shall be notified of such310
decision in writing either by first-class mail addressed to the mailing address shown on the311
person's voter registration records or in the manner provided in subsection (c) of Code312
Section 21-2-228 for other notices.313
(e) Either party shall have a right of appeal from the decision of the registrars to the314
superior court by filing a petition with the clerk of the superior court within ten days after315
the date of the decision of the registrars. A copy of such petition shall be served upon the316
other parties and the registrars. Unless and until the decision of the registrars is reversed317
by the court, the decision of the registrars shall stand.318
(f) Failure to comply with the provisions of this Code section by the board of registrars
319
shall subject such board to sanctions by the State Election Board."320
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SECTION 15.
321
Said chapter is further amended by revising Code Section 21-2-230, relating to challenge of322
persons on list of electors by other electors, procedure, hearing, and right of appeal, as323
follows:324
"21-2-230.325
(a) Any elector of the county or municipality may challenge the right of any other elector326
of the county or municipality, whose name appears on the list of electors, to vote in an327
election. Such challenge shall be in writing and specify distinctly the grounds of such328
challenge. Such challenge may be made at any time prior to the elector whose right to vote329
is being challenged voting at the elector's polling place or, if such elector cast an absentee330
ballot, prior to 5:00 P.M. on the day before the absentee ballots are to begin to be scanned
331
and tabulated election; provided, however, that challenges to persons voting by absentee332
ballot in person at the office of the registrars or the absentee ballot clerk shall be made prior333
to such person's voting. There shall not be a limit on the number of persons whose334
qualifications such elector may challenge.335
(b) Upon the filing of such challenge, the board of registrars shall immediately consider336
such challenge and determine whether probable cause exists to sustain such challenge. If337
the registrars do not find probable cause, the challenge shall be denied. If the registrars338
find probable cause, the registrars shall notify the poll officers of the challenged elector's339
precinct or, if the challenged elector voted by absentee ballot, notify the poll officers at the340
absentee ballot precinct and, if practical, notify the challenged elector and afford such341
elector an opportunity to answer.342
(c) If the challenged elector appears at the polling place to vote, such elector shall be given343
the opportunity to appear before the registrars and answer the grounds of the challenge.344
(d) If the challenged elector does not cast an absentee ballot and does not appear at the345
polling place to vote and if the challenge is based on grounds other than the qualifications346
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of the elector to remain on the list of electors, no further action by the registrars shall be
347
required.348
(e) If the challenged elector cast an absentee ballot and it is not practical to conduct a349
hearing prior to the close of the polls and the challenge is based upon grounds other than350
the qualifications of the elector to remain on the list of electors, the absentee ballot shall351
be treated as a challenged ballot pursuant to subsection (e) of Code Section 21-2-386. No352
further action by the registrars shall be required.353
(f) If the challenged elector does not cast an absentee ballot and does not appear at the354
polling place to vote and the challenge is based on the grounds that the elector is not355
qualified to remain on the list of electors, the board of registrars shall proceed to hear the356
challenge pursuant to Code Section 21-2-229.357
(g) If the challenged elector cast an absentee ballot and the challenge is based upon358
grounds that the challenged elector is not qualified to remain on the list of electors, the359
board of registrars shall proceed to conduct a hearing on the challenge on an expedited360
basis prior to the certification of the consolidated returns of the election by the election361
superintendent. The election superintendent shall not certify such consolidated returns362
until such hearing is complete and the registrars have rendered their decision on the363
challenge. If the registrars deny the challenge, the superintendent shall proceed to certify364
the consolidated returns. If the registrars uphold the challenge, the name of the challenged365
elector shall be removed from the list of electors and the ballot of the challenged elector366
shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove367
any votes cast by such elector. The elector making the challenge and the challenged elector368
may appeal the decision of the registrars in the same manner as provided in subsection (e)369
of Code Section 21-2-229.370
(h) If the challenged elector appears at the polls to vote and it is practical to conduct a371
hearing on the challenge prior to the close of the polls, the registrars shall conduct such372
hearing and determine the merits of the challenge. If the registrars deny the challenge, the373
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elector shall be permitted to vote in the election notwithstanding the fact that the polls may
374
have closed prior to the time the registrars render their decision and the elector can actually375
vote, provided that the elector proceeds to vote immediately after the decision of the376
registrars. If the registrars uphold the challenge, the challenged elector shall not be377
permitted to vote and, if the challenge is based upon the grounds that the elector is not378
qualified to remain on the list of electors, the challenged elector's name shall be removed379
from the list of electors.380
(i) If the challenged elector appears at the polls to vote and it is not practical to conduct381
a hearing prior to the close of the polls or if the registrars begin a hearing and subsequently382
find that a decision on the challenge cannot be rendered within a reasonable time, the383
challenged elector shall be permitted to vote by casting a challenged ballot on the same384
type of ballot that is used by the county or municipality for provisional ballots. Such385
challenged ballot shall be sealed in double envelopes as provided in subsection (a) of Code386
Section 21-2-419 and, after having the word 'Challenged,' the elector's name, and the387
alleged cause of the challenge written across the back of the outer envelope, the ballot shall388
be deposited by the person casting such ballot in a secure, sealed ballot box389
notwithstanding the fact that the polls may have closed prior to the time the registrars make390
such a determination, provided that the elector proceeds to vote immediately after such391
determination of the registrars. In such cases, if the challenge is based upon the grounds392
that the challenged elector is not qualified to remain on the list of electors, the registrars393
shall proceed to finish the hearing prior to the certification of the consolidated returns of394
the election by the election superintendent. If the challenge is based on other grounds, no395
further action shall be required by the registrars. The election superintendent shall not396
certify such consolidated returns until such hearing is complete and the registrars have397
rendered their decision on the challenge. If the registrars deny the challenge, the398
superintendent shall proceed to certify the consolidated returns. If the registrars uphold the399
challenge, the name of the challenged elector shall be removed from the list of electors and400
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the ballot of the challenged elector shall be rejected and not counted and, if necessary, the
401
returns shall be adjusted to remove any votes cast by such elector. The elector making the402
challenge and the challenged elector may appeal the decision of the registrars in the same403
manner as provided in subsection (e) of Code Section 21-2-229.404
(j) Failure to comply with the provisions of this Code section by the board of registrars
405
shall subject such board to sanctions by the State Election Board."406
SECTION 16.407
Said chapter is further amended by repealing paragraph (3) of subsection (b) of Code408
Section 21-2-232, relating to removal of elector's name from list of electors, in its entirety.409
SECTION 17.410
Said chapter is further amended by revising Code Section 21-2-263, relating to reduction in411
size of, or provision of additional voting equipment or poll workers to, precincts containing412
more than 2,000 electors when voting in such precincts at previous general election not413
completed one hour after closing of polls, as follows:414
"21-2-263.415
(a) If, at the previous general election, a precinct contained more than 2,000 electors and416
if all those electors desiring to vote had not completed voting one hour following the417
closing of the polls, the superintendent shall either reduce the size of said precinct so that418
it shall contain not more than 2,000 electors in accordance with the procedures prescribed419
by this chapter for the division, alteration, and consolidation of precincts no later than 60420
days before the next general election or provide additional voting equipment or poll421
workers, or both, before the next general election. For administering this Code section, the422
chief manager of a precinct which contained more than 2,000 electors at the previous423
general election shall submit a report thereof, under oath, to the superintendent as to the424
time required for completion of voting by all persons in line at the time the polls were425
H. B. 1060
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closed. Any such change in the boundaries of a precinct shall conform with the
426
requirements of subsection (a) of Code Section 21-2-261.1.427
(b) If, at the previous general election, a precinct contained more than 2,000 electors and
428
if electors desiring to vote on the day of the election had to wait in line for more than one429
hour before checking in to vote, the superintendent shall either reduce the size of such430
precinct so that it shall contain not more than 2,000 electors in accordance with the431
procedures prescribed by this chapter for the division, alteration, and consolidation of432
precincts no later than 60 days before the next general election or provide additional voting433
equipment or poll workers, or both, before the next general election. For administering this434
Code section, the chief manager of a precinct which contained more than 2,000 electors at435
the previous general election shall submit a report thereof to the superintendent of the436
reported time from entering the line to checking in to vote. Such wait time shall be437
measured no fewer than three different times throughout the day (in the morning, at438
midday, and prior to the close of polls) and such results shall be recorded on a form439
provided by the Secretary of State. Any such change in the boundaries of a precinct shall440
conform with the requirements of subsection (a) of Code Section 21-2-261.1."441
SECTION 18.442
Said chapter is further amended by revising subsection (a) of Code Section 21-2-265, relating443
to selection of polling places, change, notice, objection, facilities for disabled voters,444
selection of polling place outside precinct and restriction on changing polling place, as445
follows:446
"(a) The superintendent of a county or the governing authority of a municipality shall447
select and fix the polling place within each precinct and may, either on his, her, or its own448
motion or on petition of ten electors of a precinct, change the polling place within any449
precinct. Except in case of an emergency or unavoidable event occurring within ten days450
of a primary or election, which emergency or event renders any polling place unavailable451
H. B. 1060
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for use at such primary or election, the superintendent of a county or the governing
452
authority of a municipality shall not change any polling place until notice of the proposed453
change shall have been published for once a week for two consecutive weeks in the legal454
organ for the county or municipality in which the polling place is located. Additionally,455
during the seven days before and
on the first election day of the first election following456
such change, a notice of such change shall be posted on the previous polling place and at457
three other places in the immediate vicinity thereof. Each notice posted shall state the458
location to which the polling place has been moved and shall direct electors to the new459
location. At least one notice at the previous polling place shall be a minimum of four feet460
by four feet in size. The occupant or owner of the previous polling place, or his or her461
agent, shall be notified in writing of such change at the time notice is published in the legal462
organ."463
SECTION 19.464
Said chapter is further amended by revising subsections (a) and (b) of Code465
Section 21-2-266, relating to polling places and advance voting locations – use of portable466
or movable facilities, and unrestricted access to residential communities, as follows:467
"(a) In selecting polling places and advance voting locations, the superintendent of a468
county or the governing authority of a municipality shall select, wherever practicable and469
consistent with subsection (d) of Code Section 21-2-265, schoolhouses, municipal470
buildings or rooms, or other public buildings for that purpose. In selecting polling places471
and advance voting locations, the superintendent of a county or the governing authority of472
a municipality shall give consideration to the comfort and convenience those places to be473
selected will provide to both electors and poll officers. School, county, municipal, or other474
governmental authorities, upon request of the superintendent of a county or the governing475
authority of a municipality, shall make arrangements for the use of their property for476
polling places or advance voting locations; provided, however, that such use shall not477
H. B. 1060
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substantially interfere with the use of such property for the purposes for which it is
478
primarily intended.479
(b) The superintendent of a county or the governing authority of a municipality shall have480
discretion to procure and provide portable or movable polling facilities of adequate size for481
any precinct; provided, however, that buses and other readily movable facilities shall only
482
be used in emergencies declared by the Governor pursuant to Code Section 38-3-51 to483
supplement the capacity of the polling place where the emergency circumstance occurred."484
SECTION 20.485
Said chapter is further amended by revising subsection (a) of Code Section 21-2-284, relating486
to form of official primary ballot and attestation regarding receiving value in exchange for487
vote, as follows:488
"(a) In each primary separate official ballots shall be prepared for the political party489
holding the primary. At the top of each ballot shall be printed in prominent type the words490
'OFFICIAL PRIMARY BALLOT OF ______________ PARTY FOR,' followed by the491
name and designation of the precinct for which it is prepared and the name and date of the492
primary."493
SECTION 21.494
Said chapter is further amended by revising Code Section 21-2-284.1, relating to nonpartisan495
municipal primary ballot form, as follows:496
"21-2-284.1.497
In the case of nonpartisan municipal primaries, the form of the official nonpartisan primary498
ballot shall conform insofar as practicable to the form of the official primary ballot as499
detailed in Code Section 21-2-284, including the printing of the name and designation of500
the precinct on the top of the ballot, except that:501
(1) The following shall be printed at the top of each ballot in prominent type:502
H. B. 1060
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'OFFICIAL NONPARTISAN PRIMARY BALLOT OF
503
_______________________504
(Name of Municipality)';505
(2) There shall be no name or designation of any political organization nor any words,506
designation, or emblems descriptive of a candidate's political affiliation printed under or507
after any candidate's name which is printed on the ballot; and508
(3) The incumbency of a candidate seeking election for the public office he or she then509
holds shall be indicated on the ballot."510
SECTION 22.511
Said chapter is further amended by revising subsection (a) of Code Section 21-2-285, relating512
to form of official election ballot, attestation on receipt of benefit in exchange for vote, and513
when an election is not required, as follows:514
"(a) At the top of each ballot for an election shall be printed in prominent type the words515
'OFFICIAL BALLOT,' followed by the name and
designation of the precinct for which it516
is prepared and the name and date of the election."517
SECTION 23.518
Said chapter is further amended by revising Code Section 21-2-285.1, relating to nonpartisan519
elections ballot form, run-off election, and declaration of prevailing candidate as duly520
elected, as follows:521
"21-2-285.1.522
The names of all candidates for offices which the General Assembly has by general law or523
local Act provided for election in a nonpartisan election shall be printed on each official524
primary ballot; and insofar as practicable such offices to be filled in the nonpartisan525
election shall be separated from the names of candidates for party nomination to other526
offices by being listed last on each ballot, with the top of that portion of each official527
H. B. 1060
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primary ballot relating to the nonpartisan election to have printed in prominent type the
528
words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' In addition, there shall be a529
ballot that contains just the official nonpartisan election ballot available for electors who530
choose not to vote in a party primary. Such ballot shall have printed at the top the name
531
and designation of the precinct. Directions that explain how to cast a vote, how to write532
in a candidate, and how to obtain a new ballot after the elector spoils his or her ballot shall533
appear immediately under the caption, as specified by rule or regulation of the State534
Election Board. Immediately under the directions, the name of each such nonpartisan535
candidate shall be arranged alphabetically by last name under the title of the office for536
which they are candidates and be printed thereunder. The incumbency of a candidate537
seeking election for the public office he or she then holds shall be indicated on the ballot. 538
No party designation or affiliation shall appear beside the name of any candidate for539
nonpartisan office. An appropriate space shall also be placed on the ballot for the casting540
of write-in votes for such offices. In the event that no candidate in such nonpartisan541
election receives a majority of the total votes cast for such office, there shall be a542
nonpartisan election runoff between the candidates receiving the two highest numbers of543
votes; and the names of such candidates shall be placed on the official ballot at the general544
primary runoff in the same manner as prescribed in this Code section for the nonpartisan545
election and there shall be a separate official nonpartisan election run-off ballot for those546
electors who do not choose or are not eligible to vote in the general primary runoff. In the547
event that only nonpartisan candidates are to be placed on a run-off ballot, the form of the548
ballot shall be as prescribed by the Secretary of State or election superintendent in549
essentially the same format as prescribed for the nonpartisan election. Except as provided550
in subsection (g) of Code Section 21-2-134, the The candidate having a majority of the551
votes cast in the nonpartisan election or the candidate receiving the highest number of votes552
cast in the nonpartisan election runoff shall be declared duly elected to such office."553
H. B. 1060
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SECTION 24.
554
Said chapter is further amended by revising paragraph (3) of subsection (b) of Code555
Section 21-2-286, relating to printing specifications, numbering, and binding of ballots, as556
follows:557
"(3) Ballots printed by an electronic ballot marker shall be designed as prescribed by the558
Secretary of State to ensure ease of reading by electors, provided that each ballot shall
559
have the name and designation of the precinct printed at the top."560
SECTION 25.561
Said chapter is further amended by revising Code Section 21-2-287, relating to form of562
absentee ballot, as follows:563
"21-2-287.564
The form for the absentee ballot shall be in substantially the same form as the official565
ballots used in the precincts, except it shall be printed with only the name stub and without566
a number strip and shall may have the precinct name and designation printed or stamped567
thereon."568
SECTION 26.569
Said chapter is further amended by revising subsection (b) of Code Section 21-2-367, relating570
to installation of systems, number of systems, and good working order, as follows:571
"(b)(1) In each precinct in which optical scanning voting systems are used in a state-wide572
general election, the county election superintendent or municipal governing authority, as573
appropriate, shall provide at least one voting booth or enclosure for each 250 electors574
therein, or fraction thereof.575
(2) For any other primary, election, or runoff, the county or municipal election576
superintendent may provide a greater or lesser number of voting booths or enclosures if,577
after a thorough consideration of the type of election, expected turnout, the number of578
H. B. 1060
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electors who have already voted by advance voting or absentee ballot, and other relevant579
factors that inform the appropriate amount of equipment needed, such superintendent580
determines that a different amount of equipment is needed or sufficient. Such581
determination shall be subject to the provisions of Code Section 21-2-263."582
SECTION 27.583
Said chapter is further amended by revising Code Section 21-2-372, relating to ballot584
description, as follows:585
"21-2-372.586
Ballots shall be of suitable design, size, and stock to permit processing by a ballot scanner587
and shall be printed in black ink on clear, white, or colored material. Other than ballots588
delivered electronically to qualified electors who are entitled to vote by absentee ballot589
under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.590
Section 20301, et seq., the ballots shall be printed on security paper that incorporates591
features which can be used to authenticate the ballot as an official ballot but which do not592
make the ballot identifiable to a particular elector."593
SECTION 28.594
Said chapter is further amended by repealing subsection (e) of Code Section 21-2-379.23,595
relating to requirements for ballot display, role of Secretary of State, printed paper ballot596
controls during recount, and name and designation of precinct on ballot, in its entirety.597
SECTION 29.598
Said chapter is further amended by revising subsection (c) of Code Section 21-2-379.25,599
relating to programming for ballot design and style, verification, appointment of custodians,600
role of custodians, testing of electronic ballot marker, and public notice of testing, as follows:601
H. B. 1060
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"(c) On or before the third day preceding a primary or election, including special primaries,
602
special elections, and referendum elections, the superintendent shall have each electronic603
ballot marker tested to ascertain that it will correctly record the votes cast for all offices and604
on all questions and produce a ballot reflecting such choices of the elector in a manner that605
the State Election Board shall prescribe by rule or regulation. Public notice of the time and606
place of the test shall be made at least five days prior thereto; provided, however, that, in
607
the case of a runoff, the public notice shall be made at least three days prior thereto. The608
superintendent of each county or municipality shall publish such notice on the homepage609
of the county's or municipality's publicly accessible website associated with elections, if610
the county or municipality maintains a publicly accessible website, and in a newspaper of611
general circulation in the county or municipality and by posting in a prominent location in612
the county or municipality. Such notice shall state the date, time, and place or places where613
preparation and testing of the voting system components for use in the primary or election614
will commence, that such preparation and testing shall continue from day to day until615
complete, and that representatives Representatives of political parties and bodies, news616
media, and the public shall be permitted to observe such tests. The superintendent of the617
county or municipality shall also provide such notice to the Secretary of State who shall618
publish on his or her website the information received from superintendents stating the619
dates, times, and locations for preparation and testing of voting system components. 620
However, such representatives of political parties and bodies, news media, and the public621
shall not in any manner interfere with the preparation and testing of voting system622
components. The advertisement in the newspaper of general circulation shall be623
prominently displayed, shall not be less than 30 square inches, and shall not be placed in624
the section of the newspaper where legal notices appear."625
H. B. 1060
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SECTION 30.
626
Said chapter is further amended by revising Code Section 21-2-381, relating to making of627
application for absentee ballot, determination of eligibility by ballot clerk, furnishing of628
applications to colleges and universities, and persons entitled to make application, as follows:629
"21-2-381.630
(a)(1)(A) Except as otherwise provided in Code Section 21-2-219 or for advance
631
voting described in subsection (d) of Code Section 21-2-385, not earlier more than 78632
180 days or less than 11 days prior to the date of the primary or election, or runoff of633
either, in which the elector desires to vote, any absentee elector may make, either by634
mail, by facsimile transmission, by electronic transmission, or in person in the635
registrar's or absentee ballot clerk's office, an application for an official ballot of the636
elector's precinct to be voted at such primary, election, or runoff. To be timely637
received, an application for an absentee-by-mail ballot shall be received by the board638
of registrars or absentee ballot clerk no later than 11 days prior to the primary, election,639
or runoff. For advance voting in person, the application shall be made within the time640
period set forth in subsection (d) of Code Section 21-2-385.641
(B) In the case of an elector residing temporarily out of the county or municipality or642
a physically disabled elector residing within the county or municipality, the application643
for the elector's absentee ballot may, upon satisfactory proof of relationship, be made644
by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son,645
daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law,646
father-in-law, brother-in-law, or sister-in-law of the age of 18 or over.647
(C)(i) Any person applying for an absentee-by-mail ballot shall make application in648
writing on the form made available by the Secretary of State. In order to confirm the649
identity of the voter, such form shall require the elector to provide his or her name,650
date of birth, address as registered, address where the elector wishes the ballot to be651
mailed, and the number of his or her Georgia driver's license or identification card652
H. B. 1060
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issued pursuant to Article 5 of Chapter 5 of Title 40. If such elector does not have a653
Georgia driver's license or identification card issued pursuant to Article 5 of Chapter654
5 of Title 40, the elector shall affirm this fact in the manner prescribed in the655
application and the elector shall provide a copy of a form of identification listed in656
subsection (c) of Code Section 21-2-417. The form made available by the Secretary657
of State shall include a space to affix a photocopy or electronic image of such658
identification. The Secretary of State shall develop a method to allow secure659
electronic transmission of such form. The application shall also include be in writing660
and shall contain sufficient information for proper identification of the elector; the661
permanent or temporary address of the elector to which the absentee ballot shall be662
mailed; the identity of the primary, election, or runoff in which the elector wishes to663
vote; and the name and relationship of the person requesting the ballot if other than664
the elector; and an oath for the elector or relative to write his or her usual signature665
with a pen and ink affirming that the elector is a qualified Georgia elector and the666
facts presented on the application are true. Submitting false information on an667
application for an absentee ballot shall be a violation of Code Sections 21-2-560668
and 21-2-571.669
(ii) A blank application for an absentee ballot shall be made available online by the670
Secretary of State and each election superintendent and registrar, but neither the671
Secretary of State, election superintendent, board of registrars, other governmental672
entity, nor employee or agent thereof shall send absentee ballot applications directly673
to any elector except upon request of such elector or a relative authorized to request674
an absentee ballot for such elector. No person or entity other than a relative675
authorized to request an absentee ballot for such elector or a person signing as676
assisting an illiterate or physically disabled elector shall send any elector an absentee677
ballot application that is prefilled with the elector's required information set forth in678
this subparagraph. No person or entity other than the elector, a relative authorized to679
H. B. 1060
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request an absentee ballot for such elector, a person signing as assisting an illiterate680
or physically disabled elector with his or her application, a common carrier charged681
with returning the ballot application, an absentee ballot clerk, a registrar, or a law682
enforcement officer in the course of an investigation shall handle or return an elector's683
completed absentee ballot application. Handling a completed absentee ballot684
application by any person or entity other than as allowed in this subsection shall be685
a misdemeanor. Any application for an absentee ballot sent to any elector by any686
person or entity shall utilize the form of the application made available by the687
Secretary of State and shall clearly and prominently disclose on the face of the form: 688
'This application is being distributed by [insert name and address of person,689
organization, or other entity distributing such document or material], not by any690
government agency or any state or local election office. THIS IS NOT A BALLOT.' 691
(iii) The disclaimer required by division (ii) of this subparagraph shall be:692
(I) Of sufficient font size to be clearly readable by the recipient of the693
communication;694
(II) Contained in a printed box set apart from the other contents of the695
communication; and696
(III) Printed with a reasonable degree of color contrast between the background and697
the printed disclaimer.698
(D) Except in the case of physically disabled electors residing in the county or699
municipality or electors in custody in a jail or other detention facility in the county or700
municipality, no absentee ballot shall be mailed to an address other than the permanent701
mailing address of the elector as recorded on the elector's voter registration record or702
a temporary out-of-county or out-of-municipality address. Upon request, electors held703
in jails or other detention facilities who are eligible to vote shall be granted access to704
the necessary personal effects for the purpose of applying for and voting an absentee705
ballot pursuant to this chapter.706
H. B. 1060
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(E) Relatives applying for absentee ballots for electors must also sign an oath stating
707
that facts in the application are true.708
(F) If the elector is unable to fill out or sign such elector's own application because of709
illiteracy or physical disability, the elector shall make such elector's mark, and the710
person filling in the rest of the application shall sign such person's name below it as a711
witness.712
(G) Any elector meeting criteria of advance age or disability specified by rule or713
regulation of the State Election Board or any elector who is entitled to vote by absentee714
ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42715
U.S.C. Section 1973ff, et seq., as amended, may request in writing on one application716
a ballot for a presidential preference primary held pursuant to Article 5 of this chapter717
and for a primary as well as for any runoffs resulting therefrom and for the election for718
which such primary shall nominate candidates as well as any runoffs resulting719
therefrom. If not so requested by such person, a separate and distinct application shall720
be required for each primary, run-off primary, election, and run-off election. Except721
as otherwise provided in this subparagraph, a separate and distinct application for an722
absentee ballot shall always be required for any special election or special primary.723
(2) A properly executed registration card submitted under the provisions of724
subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or725
election in which the registrant is entitled to vote, shall be considered to be an application726
for an absentee ballot under this Code section, or for a special absentee ballot under Code727
Section 21-2-381.1, as appropriate.728
(3)(A) All persons or entities, other than the Secretary of State, election
729
superintendents, boards of registrars, and absentee ballot clerks, that send applications730
for absentee ballots to electors in a primary, election, or runoff shall mail such731
applications only to individuals who have not already requested, received, or voted an732
absentee ballot in the primary, election, or runoff. Any such person or entity shall733
H. B. 1060
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compare its mail distribution list with the most recent information available about734
which electors have requested, been issued, or voted an absentee ballot in the primary,735
election, or runoff and shall remove the names of such electors from its mail736
distribution list. A person or entity shall not be liable for any violation of this737
subparagraph if such person or entity relied upon information made available by the738
Secretary of State within five business days prior to the date such applications are739
mailed. Reserved740
(B) A person or entity in violation of subparagraph (A) of this paragraph shall be741
subject to sanctions by the State Election Board which, in addition to all other possible742
sanctions, may include requiring such person or entity to pay restitution to each affected743
county or municipality in an amount up to $100.00 per duplicate absentee ballot744
application that is processed by the county or municipality due to such violation or the745
actual cost incurred by each affected county or municipality for the processing of such746
duplicate absentee ballot applications.747
(4) In extraordinary circumstances as described in Code Section 21-2-543.1, the registrar748
or absentee ballot clerk shall determine if the applicants are eligible to vote under this749
Code section and shall either mail or issue the absentee ballots for the election for750
representative in the United States Congress to an individual entitled to make application751
for absentee ballot under subsection (d) of this Code section the same day any such752
application is received, so long as the application is received by 3:00 P.M., otherwise no753
later than the next business day following receipt of the application. Any valid absentee754
ballot shall be accepted and processed so long as the ballot is received by the registrar or755
absentee ballot clerk not later than 45 days after the ballot is transmitted to the absent756
uniformed services voter or overseas voter, but in no event later than 11 days following757
the date of the election.758
(b)(1) Upon receipt of a timely application for an absentee ballot, a registrar or absentee759
ballot clerk shall enter thereon the date received. The registrar or absentee ballot clerk760
H. B. 1060
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shall verify the identity of the applicant and determine, in accordance with the provisions761
of this chapter, if the applicant is eligible to vote in the primary or election involved. In762
order to verify the identity of the applicant be found eligible to vote an absentee ballot by763
mail, the registrar or absentee ballot clerk shall compare the applicant's name, date of764
birth, and number of his or her Georgia driver's license or identification card issued765
pursuant to Article 5 of Chapter 5 of Title 40 identifying information on the application766
with the information on file in the registrar's office and, if the application is signed by the767
elector, compare the signature or mark of the elector on the application with the signature768
or mark of the elector on the elector's voter registration card. If the application does not769
contain the number of the applicant's Georgia driver's license or identification card issued770
pursuant to Article 5 of Chapter 5 of Title 40, the registrar or absentee ballot clerk shall771
verify that the identification provided with the application identifies the applicant. In772
order to be found eligible to vote an absentee ballot in person at the registrar's office or773
absentee ballot clerk's office, such person shall show one of the forms of identification774
listed in Code Section 21-2-417 and the registrar or absentee ballot clerk shall compare775
the identifying information on the application with the information on file in the776
registrar's office.777
(2) If found eligible, the registrar or absentee ballot clerk shall certify by signing in the778
proper place on the application and then:779
(A) Shall mail the ballot as provided in this Code section;780
(B) If the application is made in person, shall issue the ballot to the elector within the781
confines of the registrar's or absentee ballot clerk's office as required by Code782
Section 21-2-383 if the ballot is issued during the advance voting period established783
pursuant to subsection (d) of Code Section 21-2-385; or784
(C) May deliver the ballot in person to the elector if such elector is confined to a785
hospital.786
H. B. 1060
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(3) If found ineligible or if the application is not timely received, the clerk or the board787
of registrars shall deny the application by writing the reason for rejection in the proper788
space on the application and shall promptly notify the applicant in writing of the ground789
of ineligibility, a copy of which notification should be retained on file in the office of the790
board of registrars or absentee ballot clerk for at least one year. However, an absentee791
ballot application shall not be rejected solely due to a an apparent mismatch between the792
identifying information signature of the elector on the application and the identifying793
information of the elector on file with the board of registrars. In such cases, the board of794
registrars or absentee ballot clerk shall send the elector a provisional absentee ballot with795
the designation 'Provisional Ballot' on the outer oath envelope and information prepared796
by the Secretary of State as to the process to be followed to cure the signature797
discrepancy. If such ballot is returned to the board of registrars or absentee ballot clerk798
prior to the closing of the polls on the day of the primary or election, the elector may cure799
the signature discrepancy by submitting an affidavit to the board of registrars or absentee800
ballot clerk along with a copy of one of the forms of identification enumerated in801
subsection (c) of Code Section 21-2-417 before the close of the period for verifying802
provisional ballots contained in subsection (c) of Code Section 21-2-419. If the board of803
registrars or absentee ballot clerk finds the affidavit and identification to be sufficient, the804
absentee ballot shall be counted as other absentee ballots. If the board of registrars or805
absentee ballot clerk finds the affidavit and identification to be insufficient, then the806
procedure contained in Code Section 21-2-386 shall be followed for rejected absentee807
ballots.808
(4) If the registrar or clerk is unable to determine the identity of the elector from809
information given on the application or if the application is not complete or if the oath on810
the application is not signed, the registrar or clerk should promptly contact the elector in811
writing write to request the necessary additional information and a signed copy of the812
oath.813
H. B. 1060
- 32 - 24 LC 47 2722
(5) In the case of an unregistered applicant who is eligible to register to vote, the clerk
814
or the board shall immediately mail a blank registration card as provided by Code815
Section 21-2-223, and such applicant, if otherwise qualified, shall be deemed eligible to816
vote by absentee ballot in such primary or election, if the registration card, properly817
completed, is returned to the clerk or the board on or before the last day for registering818
to vote in such primary or election. If the closing date for registration in the primary or
819
election concerned has not passed, the clerk or registrar shall also mail a ballot to the820
applicant, as soon as it is prepared and available; and the ballot shall be cast in such821
primary or election if returned to the clerk or board not later than the close of the polls822
on the day of the primary or election concerned.823
(c) In those counties or municipalities in which the absentee ballot clerk or board of824
registrars provides application forms for absentee ballots, the clerk or board shall provide825
such quantity of the application form to the dean of each college or university located in826
that county as said dean determines necessary for the students of such college or university.827
(d)(1) A citizen of the United States permanently residing outside the United States is828
entitled to make application for an absentee ballot from Georgia and to vote by absentee829
ballot in any election for presidential electors and United States senator or representative830
in Congress:831
(A) If such citizen was last domiciled in Georgia immediately before his or her832
departure from the United States; and833
(B) If such citizen could have met all qualifications, except any qualification relating834
to minimum voting age, to vote in federal elections even though, while residing outside835
the United States, he or she does not have a place of abode or other address in Georgia.836
(2) An individual is entitled to make application for an absentee ballot under837
paragraph (1) of this subsection even if such individual's intent to return to Georgia may838
be uncertain, so long as:839
H. B. 1060
- 33 - 24 LC 47 2722
(A) He or she has complied with all applicable Georgia qualifications and requirements
840
which are consistent with 42 U.S.C. Section 1973ff concerning absentee registration for841
and voting by absentee ballots;842
(B) He or she does not maintain a domicile, is not registered to vote, and is not voting843
in any other state or election district of a state or territory or in any territory or844
possession of the United States; and845
(C) He or she has a valid passport or card of identity and registration issued under the846
authority of the Secretary of State of the United States or, in lieu thereof, an alternative847
form of identification consistent with 42 U.S.C. Section 1973ff and applicable state848
requirements, if a citizen does not possess a valid passport or card of identity and849
registration.850
(e) The State Election Board is authorized to promulgate reasonable rules and regulations851
for the implementation of paragraph (1) of subsection (a) of this Code section. Said rules852
and regulations may include provisions for the limitation of opportunities for fraudulent853
application, including, but not limited to, comparison of voter registration records with854
death certificates."855
SECTION 31.856
Said chapter is further amended by revising Code Section 21-2-382, relating to additional857
buildings as additional registrar's office or place of registration for receiving absentee ballots858
and for advance voting, as follows:859
"21-2-382.860
(a) Any other provisions of this chapter to the contrary notwithstanding, the board of861
registrars may establish additional sites as
additional registrar's offices or places of862
registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and863
for the purpose of advance voting absentee ballots under Code Section 21-2-385, provided864
that any such site is a building that is a branch of the county courthouse, a courthouse865
H. B. 1060
- 34 - 24 LC 47 2722
annex, a government service center providing general government services, another
866
government building generally accessible to the public, or a building
location that is used867
as an election day polling place, notwithstanding that such building location is not a868
government building.869
(b) Any other provisions of this chapter to the contrary notwithstanding, in all counties of870
this state having a population of 550,000 or more according to the United States decennial871
census of 1990 or any future such census, any building that is a branch of the county872
courthouse or courthouse annex established within any such county shall be an additional873
registrar's or absentee ballot clerk's office or place of registration for the purpose of874
receiving absentee ballots under Code Section 21-2-381 and for the purpose of advance875
voting absentee ballots under Code Section 21-2-385.876
(c)(1) A board of registrars or absentee ballot clerk shall establish at least one drop box877
as a means for absentee by mail electors to deliver their ballots to the board of registrars878
or absentee ballot clerk. A board of registrars or absentee ballot clerk may establish879
additional drop boxes, subject to the limitations of this Code section, but may only880
establish additional drop boxes totaling the lesser of either one drop box for881
every 100,000 active registered voters in the county or the number of advance voting882
locations in the county. Any additional drop boxes shall be evenly geographically883
distributed by population in the county. Drop boxes established pursuant to this Code884
section shall be established at the office of the board of registrars or absentee ballot clerk885
or inside locations at which advance voting, as set forth in subsection (d) of Code886
Section 21-2-385, is conducted in the applicable primary, election, or runoff and may be887
open during the hours of advance voting at that location. Such drop boxes shall be closed888
when advance voting is not being conducted at that location. All drop boxes shall be889
closed when the advance voting period ends, as set forth in subsection (d) of Code890
Section 21-2-385. The drop box location shall have adequate lighting and be under891
constant surveillance by an election official or his or her designee, law enforcement892
H. B. 1060
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official, or licensed security guard. During an emergency declared by the Governor893
pursuant to Code Section 38-3-51, drop boxes may be located outside the office of the894
board of registrars or absentee ballot clerk or outside of locations at which advance voting895
is taking place, subject to the other limitations of this Code section.896
(2) The opening slot of a drop box shall not allow ballots to be tampered with or897
removed and shall be designed to minimize the ability for liquid or other substances that898
may damage ballots to be poured into the drop box. A drop box shall be labeled899
"OFFICIAL ABSENTEE BALLOT DROP BOX" and shall clearly display the signage900
developed by the Secretary of State pertaining to Georgia law with regard to who is901
allowed to return absentee ballots and destroying, defacing, or delaying delivery of902
ballots.903
(3) The board of registrars or absentee ballot clerk shall arrange for the collecting and904
return of ballots deposited at each drop box at the conclusion of each day where advance905
voting takes place. Collection of ballots from a drop box shall be made by a team of at906
least two people. Any person collecting ballots from a drop box shall have sworn an oath907
in the same form as the oath for poll officers set forth in Code Section 21-2-95. The908
collection team shall complete and sign a ballot transfer form upon removing the ballots909
from the drop box which shall include the date, time, location, number of ballots,910
confirmation that the drop box was locked after the removal of the ballots, and the911
identity of each person collecting the ballots. The collection team shall then immediately912
transfer the ballots to the board of registrars or absentee ballot clerk, who shall process913
and store the ballots in the same manner as absentee ballots returned by mail are914
processed and stored. The board of registrars, absentee ballot clerk, or a designee of the915
board of registrars or absentee ballot clerk shall sign the ballot transfer form upon receipt916
of the ballots from the collection team. Such form shall be considered a public record917
pursuant to Code Section 50-18-70.918
H. B. 1060
- 36 - 24 LC 47 2722
(4) At the beginning of voting at each advance location where a drop box is present, the919
manager of the advance voting location shall open the drop box and confirm on the920
reconciliation form for that advance voting location that the drop box is empty. If the921
drop box is not empty, the manager shall secure the contents of the drop box and922
immediately inform the election superintendent, board of registrars, or absentee ballot923
clerk, who shall inform the Secretary of State."924
SECTION 32.925
Said chapter is further amended by revising Code Section 21-2-384, relating to preparation926
and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting927
absentee electors, master list of ballots sent, challenges, special absentee run-off ballots, and928
electronic transmission of ballots, as follows:929
"21-2-384.930
(a)(1) The superintendent shall, in consultation with the board of registrars or absentee931
ballot clerk, prepare, obtain, and deliver before the date specified in paragraph (2) of this932
subsection an adequate supply of official absentee ballots to the board of registrars or933
absentee ballot clerk for use in the primary or election or as soon as possible prior to a934
runoff. Envelopes and other supplies as required by this article may be ordered by the935
superintendent, the board of registrars, or the absentee ballot clerk for use in the primary936
or election.937
(2) The board of registrars or absentee ballot clerk shall mail or issue official absentee938
ballots to all eligible applicants not more than 29 49 days but not less than 25 45 days939
prior to any presidential preference primary, general primary other than a municipal940
general primary, general election other than a municipal general election, or special941
primary or special election in which there is a candidate for a federal office on the ballot;942
22 days prior to any municipal general primary or municipal general election; and as soon943
as possible prior to any runoff. In the case of all other special primaries or special944
H. B. 1060
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elections, the board of registrars or absentee ballot clerk shall mail or issue official
945
absentee ballots to all eligible applicants within three days after the receipt of such ballots946
and supplies, but no earlier than 22 days prior to the election; provided, however, that947
official absentee ballots shall be issued to
should any elector of the jurisdiction who is948
entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizen949
Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended, be permitted to vote950
by absentee ballot beginning 49 days prior to a federal primary or election, all eligible951
applicants of such jurisdiction shall be entitled to vote by absentee ballot beginning 49952
days prior to such primary or election and not later than 45 days prior to a federal primary953
or election. As additional applicants who submitted timely applications for an absentee954
ballot are determined to be eligible, the board or clerk shall mail or issue official absentee955
ballots to such additional applicants immediately upon determining their eligibility;956
provided, however, that no absentee ballot shall be mailed by the registrars or absentee957
ballot clerk on the day prior to a primary or election and provided, further, that no958
absentee ballot shall be issued on the day prior to a primary or election. For all timely959
received applications for absentee ballots, the board of registrars or absentee ballot clerk960
shall mail or issue absentee ballots, provisional absentee ballots, and notices of rejection961
as soon as possible upon determining their eligibility within the time periods set forth in962
this subsection. During the period for advance voting set forth in Code Section 21-2-385,963
the board of registrars or absentee ballot clerk shall make such determinations and mail964
or issue absentee ballots, provisional absentee ballots, and notices of rejection of965
application within three days after receiving a timely application for an absentee ballot. 966
The board of registrars or absentee ballot clerk shall, within the same time periods967
specified in this subsection, electronically transmit official absentee ballots to all electors968
who have requested to receive their official absentee ballot electronically and are entitled969
to vote such absentee ballot under the federal Uniformed and Overseas Citizens Absentee970
Voting Act, 52 U.S.C. Section 20301, et seq., as amended.971
H. B. 1060
- 38 - 24 LC 47 2722
(3) The date a ballot is voted in the registrar's or absentee ballot clerk's office or the date
972
a ballot is mailed or issued to an elector and the date it is returned shall be entered on the973
application record therefor.974
(4) Notwithstanding any other provision of this chapter, an elector confined in a hospital
975
may make application for an absentee ballot The delivery of an absentee ballot to a976
person confined in a hospital may be made by the registrar or clerk on the day of a977
primary or election or during a ten-day five-day period immediately preceding the day978
of such primary or election. Such application shall immediately be processed and, if such979
applicant is determined to be eligible, the board of registrars or absentee ballot clerk may980
deliver the absentee ballot to such elector.981
(5) In the event an absentee ballot which has been mailed by the board of registrars or982
absentee ballot clerk is not received by the applicant, the applicant may notify the board983
of registrars or absentee ballot clerk and sign an affidavit stating that the absentee ballot984
has not been received. The board of registrars or absentee ballot clerk shall then issue a985
second absentee ballot to the applicant and cancel the original ballot issued. The affidavit986
shall be attached to the original application. A second application for an absentee ballot987
shall not be required.988
(b) Except for ballots voted within the confines of the registrar's or absentee ballot clerk's989
office, in addition to the mailing envelope addressed to the elector, the superintendent,990
board of registrars, or absentee ballot clerk shall provide two envelopes for each official991
absentee ballot, of such size and shape as shall be determined by the Secretary of State, in992
order to permit the placing of one within the other and both within the mailing envelope. 993
On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed994
the words 'Official Absentee Ballot' and nothing else. The On the back of the larger of the995
two envelopes to be enclosed within the mailing envelope shall contain be printed the form996
of oath of the elector and the oath for persons assisting electors, as provided for in Code997
Section 21-2-409, and the penalties provided for in Code Sections 21-2-568, 21-2-573,998
H. B. 1060
- 39 - 24 LC 47 2722
21-2-579, and 21-2-599 for violations of oaths; a place for the elector to print his or her999
name; a signature line; a space for the elector to print the number of his or her Georgia1000
driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40;1001
a space for the elector to mark to affirm that he or she does not have a Georgia driver's1002
license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40; a space1003
for the elector to print his or her date of birth; and a space for the elector to print the last1004
four digits of his or her social security number, if the elector does not have a Georgia1005
driver's license or state identification card issued pursuant to Article 5 of Chapter 5 of Title1006
40. The envelope shall be designed so that the number of the elector's Georgia driver's1007
license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40, the last1008
four digits of the elector's social security number, and the elector's date of birth shall be1009
hidden from view when the envelope is correctly sealed. Any person other than the elector1010
who requested the ballot, an authorized person who is assisting the elector entitled to1011
assistance in voting pursuant to Code Section 21-2-409, an absentee ballot clerk, registrar,1012
or law enforcement officer in the course of an investigation who knowingly unseals a1013
sealed absentee ballot envelope shall be guilty of a felony. On and on the face of such1014
envelope shall be printed the name and address of the board of registrars or absentee ballot1015
clerk. The larger of the two envelopes shall also display the elector's name and voter1016
registration number. The mailing envelope addressed to the elector shall contain the two1017
envelopes, the official absentee ballot, the uniform instructions for the manner of preparing1018
and returning the ballot, in form and substance as provided by the Secretary of State,1019
provisional absentee ballot information, if necessary, and a notice in the form provided by1020
the Secretary of State of all withdrawn, deceased, and disqualified candidates and any1021
substitute candidates pursuant to Code Sections 21-2-134 and 21-2-155 and nothing else. 1022
The uniform instructions shall include information specific to the voting system used for1023
absentee voting concerning the effect of overvoting or voting for more candidates than one1024
is authorized to vote for a particular office and information concerning how the elector may1025
H. B. 1060
- 40 - 24 LC 47 2722
correct errors in voting the ballot before it is cast including information on how to obtain
1026
a replacement ballot if the elector is unable to change the ballot or correct the error. The
1027
uniform instructions shall prominently include specific instructions stating that the elector1028
shall mark his or her ballot in private and sign the oath by writing his or her usual signature1029
with a pen and ink under penalty of false swearing that the elector has not allowed any1030
person to observe the marking of his or her ballot other than an authorized person lawfully1031
assisting the elector if the elector is entitled to assistance, the elector's child under 18 years1032
of age, or any child under 12 years of age and that the elector will not permit any1033
unauthorized person to deliver or return the voted ballot to the board of registrars. The1034
uniform instructions shall include a list of authorized persons who may deliver or return1035
the voted ballot to the board of registrars on behalf of the elector as provided in subsection1036
(a) of Code Section 21-2-385. The uniform instructions shall include the contact1037
information of the Secretary of State which may be used by the elector to report any1038
unauthorized person requesting to observe the elector voting his or her ballot or the1039
elector's voted ballot or any unauthorized person offering to deliver or return the voted1040
ballot to the board of registrars.1041
(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially1042
the following form:1043
'I, the undersigned, do swear (or affirm) under penalty of false swearing that I am a1044
citizen of the United States and of the State of Georgia; that I possess the qualifications1045
of an elector required by the laws of the State of Georgia; that I am entitled to vote in1046
the precinct containing my residence in the primary or election in which this ballot is1047
to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed1048
any other absentee ballot, nor will I mark or mail another absentee ballot for voting in1049
such primary or election; nor shall I vote therein in person; and that I have read and1050
understand the instructions accompanying this ballot; and that I have carefully complied1051
with such instructions in completing this ballot; that I have marked and sealed this1052
H. B. 1060
- 41 - 24 LC 47 2722
ballot in private and have not allowed any unauthorized person to observe the voting1053
of this ballot or how this ballot was voted except those authorized under state and1054
federal law; and that I will not give or transfer this ballot to any person not authorized1055
by law to deliver or return absentee ballots. I understand that the offer or acceptance1056
of money or any other object of value to vote for any particular candidate, list of1057
candidates, issue, or list of issues included in this election constitutes an act of voter1058
fraud and is a felony under Georgia law.1059
________________________1060
Signature or Mark of Elector 1061
________________________1062
Printed Name of Elector' 1063
Oath of Person Assisting Elector (if any):1064
'I, the undersigned, do swear (or affirm) that I assisted the above-named elector in1065
marking such elector's absentee ballot as such elector personally communicated such1066
elector's preference to me; and that such elector is entitled to receive assistance in1067
voting under provisions of subsection (a) of Code Section 21-2-409 (b) of Code1068
Section 21-2-385.1069
This, the ______ day of _________, _________.1070
____________________________1071
Signature of Person Assisting 1072
Elector 1073
____________________________1074
Printed Name of Person 1075
Assisting Elector 1076
H. B. 1060
- 42 - 24 LC 47 2722
Reason for assistance (Check appropriate square):
1077
G Elector is unable to read the English language.1078
G Elector requires assistance due to physical disability.'
1079
The forms upon which such oaths are printed shall contain the following information:1080
'Georgia law provides that any person who knowingly falsifies information so as to1081
vote illegally by absentee ballot or who illegally gives or receives assistance in voting,1082
as specified in Code Section 21-2-568 or 21-2-573, shall be guilty of a felony.'1083
(2) In the case of absent uniformed services or overseas voters, if the presidential1084
designee under Section 705(b) of the federal Help America Vote Act promulgates a1085
standard oath for use by such voters, the Secretary of State shall be required to use such1086
oath on absentee ballot materials for such voters and such oath shall be accepted in lieu1087
of the oath set forth in paragraph (1) of this subsection.1088
(d) Each board of registrars or absentee ballot clerk shall maintain for public inspection1089
a master list, arranged by precincts, setting forth the name and residence of every elector1090
to whom an official absentee ballot has been sent. Absentee electors whose names appear1091
on the master list may be challenged by any elector prior to 5:00 P.M. on the day before1092
absentee ballots are to begin being scanned and tabulated the primary or election.1093
(e)(1) The election superintendent shall prepare special absentee run-off ballots for1094
general primaries and general elections for use by qualified electors who are entitled to1095
vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee1096
Voting Act, 52 U.S.C. Section 20301, et seq.1097
(2) Such special absentee run-off ballots for the general primary shall list the titles of all1098
offices being contested at the general primary and the candidates qualifying for such1099
general primary for each office and shall permit the elector to vote in the general primary1100
runoff by indicating his or her order of preference for each candidate for each office. A1101
separate ballot shall be prepared for each political party, but a qualified elector under this1102
subsection shall be mailed only the ballot of the political party in whose primary such1103
H. B. 1060
- 43 - 24 LC 47 2722
elector requests to vote. The Secretary of State shall prepare instructions for use with1104
such special absentee run-off ballots, including instructions for voting by mail using an1105
electronically transmitted ballot. Such ballot shall be returned by the elector in the same1106
manner as other absentee ballots by such electors who are entitled to vote by absentee1107
ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 521108
U.S.C. Section 20301, et seq.1109
(3) Such special absentee run-off ballots for the general election shall list the titles of all1110
offices being contested at the general election and the candidates qualifying for such1111
general election for each office and shall permit the elector to vote in the general election1112
runoff by indicating his or her order of preference for each candidate for each office.1113
(4) To indicate order of preference for each candidate for each office to be voted on, an1114
elector shall put the numeral '1' next to the name of the candidate who is the elector's first1115
choice for such office, the numeral '2' for the elector's second choice, and so forth, in1116
consecutive numerical order, such that a numeral indicating the elector's preference is1117
written by the elector next to each candidate's name on the ballot. An elector shall not1118
be required to indicate preference for more than one candidate for an office if the elector1119
so chooses.1120
(5) A special absentee run-off ballot shall be enclosed with each general primary1121
absentee ballot sent to an elector who is entitled to vote by absentee ballot under the1122
federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301,1123
et seq., along with instructions on how to cast the special absentee run-off ballot and the1124
two envelopes to be used in returning such ballot as provided in subsection (b) of this1125
Code section, provided that the envelopes bear the notation of 'Official Overseas/Military1126
General Primary Run-off Ballot.' An elector shall be sent only the ballot containing the1127
candidates of the political party in whose primary such elector desires to vote.1128
(6) A special absentee run-off ballot shall be enclosed with each general election1129
absentee ballot sent to an elector entitled to vote by absentee ballot under the federal1130
H. B. 1060
- 44 - 24 LC 47 2722
Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et seq.,1131
along with instructions on how to cast the special absentee run-off ballot and the two1132
envelopes to be used in returning such ballot as provided in subsection (b) of this Code1133
section, provided that the envelopes bear the notation of 'Official Overseas/Military1134
General Election Run-off Ballot.' The State Election Board shall by rule or regulation1135
establish procedures for the transmission of blank absentee ballots by mail and by1136
electronic transmission for all electors who are entitled to vote by absentee ballot under1137
the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.1138
Section 20301, et seq., as amended, and by which such electors may designate whether1139
the elector prefers the transmission of such ballots by mail or electronically, for use in1140
county, state, and federal primaries, elections, and runoffs in this state and, if the1141
Secretary of State finds it to be feasible, for use in municipal primaries, elections, and1142
runoffs. If no preference is stated, the ballot shall be transmitted by mail. The State1143
Election Board shall by rule or regulation establish procedures to ensure to the extent1144
practicable that the procedures for transmitting such ballots shall protect the security and1145
integrity of such ballots and shall ensure that the privacy of the identity and other1146
personal data of such electors who are entitled to vote by absentee ballot under the federal1147
Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et1148
seq., as amended, to whom a blank absentee ballot is transmitted under this Code section1149
is protected throughout the process of such transmission."1150
SECTION 33.1151
Said chapter is further amended by revising subsections (a) and (d) of Code1152
Section 21-2-385, relating to procedure for voting by absentee ballot and advance voting, as1153
follows:1154
"(a) At any time after receiving an official absentee ballot, but before the day of the1155
primary or election, except electors who are confined to a hospital on the day of the1156
H. B. 1060
- 45 - 24 LC 47 2722
primary or election, the elector shall vote his or her absentee ballot, then fold the ballot and
1157
enclose and securely seal the same in the envelope on which is printed 'Official Absentee1158
Ballot.' This envelope shall then be placed in the second one, on which is printed the form1159
of the oath of the elector; the name and oath of the person assisting, if any; and other1160
required identifying information. The elector shall then fill out, subscribe, and swear to the1161
oath printed on such envelope. In order to verify that the absentee ballot was voted by the
1162
elector who requested the ballot, the elector shall print the number of his or her Georgia1163
driver's license number or identification card issued pursuant to Article 5 of Chapter 5 of1164
Title 40 in the space provided on the outer oath envelope. The elector shall also print his1165
or her date of birth in the space provided in the outer oath envelope. If the elector does not1166
have a Georgia driver's license or state identification card issued pursuant to Article 5 of1167
Chapter 5 of Title 40, the elector shall so affirm in the space provided on the outer oath1168
envelope and print the last four digits of his or her social security number in the space1169
provided on the outer oath envelope. If the elector does not have a Georgia driver's license,1170
identification card issued pursuant to Article 5 of Chapter 5 of Title 40, or a social security1171
number, the elector shall so affirm in the space provided on the outer oath envelope and1172
place a copy of one of the forms of identification set forth in subsection (c) of Code1173
Section 21-2-417 in the outer envelope. Such envelope shall then be securely sealed and1174
the elector shall then personally mail or personally deliver same to the board of registrars1175
or absentee ballot clerk, provided that mailing or delivery may be made by the elector's1176
mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece,1177
nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law,1178
brother-in-law, sister-in-law, or an individual residing in the household of such elector. 1179
The absentee ballot of a disabled elector may be mailed or delivered by the caregiver of1180
such disabled elector, regardless of whether such caregiver resides in such disabled1181
elector's household. The absentee ballot of an elector who is in custody in a jail or other1182
detention facility may be mailed or delivered by any employee of such jail or facility1183
H. B. 1060
- 46 - 24 LC 47 2722
having custody of such elector. An elector who is confined to a hospital on a primary or
1184
election day to whom an absentee ballot is delivered by the registrar or absentee ballot1185
clerk shall then and there vote the ballot, seal it properly, and return it to the registrar or1186
absentee ballot clerk. If the elector registered to vote for the first time in this state by mail1187
and has not previously provided the identification required by Code Section 21-2-220 and1188
votes for the first time by absentee ballot and fails to provide the identification required by1189
Code Section 21-2-220 with such absentee ballot, such absentee ballot shall be treated as1190
a provisional ballot and shall be counted only if the registrars are able to verify the1191
identification and registration of the elector during the time provided pursuant to Code1192
Section 21-2-419."1193
"(d)(1) There shall be a period of advance voting that shall commence:1194
(A) On the fourth Monday immediately prior to each primary or election; and
1195
(B) On the fourth Monday immediately prior to a runoff from a general primary;1196
(C) On the fourth Monday immediately prior to a runoff from a general election in1197
which there are candidates for a federal office on the ballot in the runoff; and1198
(D) As soon as possible prior to a runoff from any other general primary or election in1199
which there are only state or county candidates on the ballot in the runoff but no later1200
than the second Monday immediately prior to such runoff 1201
and shall end on the Friday immediately prior to each primary, election, or runoff. 1202
Voting shall be conducted beginning at 9:00 A.M. and ending at 5:00 P.M. during normal1203
business hours on weekdays, other than observed state holidays, during such period and1204
shall be conducted on the second and third Saturdays during the hours of 9:00 A.M.1205
through 5:00 P.M. and, if the registrar or absentee ballot clerk so chooses, the second1206
Sunday, the third Sunday, or both the second and third Sundays Saturday prior to a1207
primary or election during the hours determined by the registrar or absentee ballot clerk,1208
but no longer than 7:00 A.M. through 7:00 P.M. of 9:00 A.M. through 4:00 P.M.;1209
provided, however, that in primaries and elections in which there are no federal or state1210
H. B. 1060
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candidates on the ballot, no Saturday voting hours shall be required; and provided,1211
further, that, if such second Saturday is a public and legal holiday pursuant to Code1212
Section 1-4-1, if such second Saturday follows a public and legal holiday occurring on1213
the Thursday or Friday immediately preceding such second Saturday, or if such second1214
Saturday immediately precedes a public and legal holiday occurring on the following1215
Sunday or Monday, such advance voting shall not be held on such second Saturday but1216
shall be held on the third Saturday prior to such primary or election beginning at 9:001217
A.M. and ending at 5:00 P.M. Except as otherwise provided in this paragraph, the1218
registrars counties and municipalities may extend the hours for voting to permit advance1219
voting from 7:00 A.M. until 7:00 P.M. beyond regular business hours and may provide1220
for additional voting locations pursuant to Code Section 21-2-382 to suit the needs of the1221
electors of the jurisdiction at their option; provided, however, that voting shall occur only1222
on the days specified in this paragraph and counties and municipalities shall not be1223
authorized to conduct advance voting on any other days.1224
(2) The registrars or absentee ballot clerk, as appropriate, shall provide reasonable notice1225
to the electors of their jurisdiction of the availability of advance voting as well as the1226
times, dates, and locations at which advance voting will be conducted. In addition, the1227
registrars or absentee ballot clerk shall notify the Secretary of State in the manner1228
prescribed by the Secretary of State of the times, dates, and locations at which advance1229
voting will be conducted.1230
(3) The board of registrars shall publish the dates, times, and locations of the availability1231
of advance voting in its jurisdiction on the homepage of the county's publicly accessible1232
website associated with elections or registrations, or if the county does not have such a1233
website, in a newspaper of general circulation, and by posting in a prominent location in1234
the county, no later than 14 days prior to the beginning of the advance voting period for1235
a general primary, special primary, general election, or special election and no later than1236
seven days prior to the beginning of the advance voting period for any run-off election. 1237
H. B. 1060
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Any new advance voting locations added after that deadline shall be published in the1238
same manner as soon as possible. The board of registrars shall not remove any advance1239
voting location after the notice of such location is published, except in the case of an1240
emergency or unavoidable event that renders a location unavailable for use. Any changes1241
that are made due to an emergency or unavoidable event after a notice of a location has1242
been published shall be published as soon as possible in the same manner set forth in this1243
paragraph."1244
SECTION 34.1245
Said chapter is further amended by repealing subsection (e) of Code Section 21-2-385,1246
relating to procedure for voting by absentee ballot and advance voting, in its entirety.1247
SECTION 35.1248
Said chapter is further amended by revising Code Section 21-2-386, relating to safekeeping,1249
certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to1250
location designated by superintendent, duties of managers, precinct returns, report of returns1251
of verified and accepted absentee ballots cast as soon as possible following closing of polls,1252
notification of challenged elector, and unlawful disclosure of tabulation results, as follows:1253
"21-2-386.1254
(a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely, unopened,1255
and stored in a manner that will prevent tampering and unauthorized access all official1256
absentee ballots received from absentee electors prior to the closing of the polls on the1257
day of the primary or election except as otherwise provided in this subsection.1258
(B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the1259
receipt of the ballot on its envelope. The registrar or clerk shall then compare the1260
number of the elector's Georgia driver's license number or state identification card1261
issued pursuant to Article 5 of Chapter 5 of Title 40 and date of birth entered on the1262
H. B. 1060
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absentee ballot envelope identifying information on the oath with the same information1263
contained in the elector's voter registration records. If the elector has affirmed on the1264
envelope that he or she does not have a Georgia driver's license or state identification1265
card issued pursuant to Article 5 of Chapter 5 of Title 40, the registrar or clerk shall1266
compare the last four digits of the elector's social security number and date of birth1267
entered on the envelope with the same information contained in the elector's voter1268
registration records. The registrar or clerk shall also confirm that the elector signed the1269
oath and the person assisting the elector, if any, signed the required oath. If the elector1270
has signed the elector's oath, the person assisting has signed the required oath, if1271
applicable, and the identifying information entered on the absentee ballot envelope1272
matches the same information contained in the elector's voter registration record, the1273
registrar or clerk shall on file in his or her office, shall compare the signature or mark1274
on the oath with the signature or mark on the absentee elector's voter registration card1275
or the most recent update to such absentee elector's voter registration card and1276
application for absentee ballot or a facsimile of said signature or mark taken from said1277
card or application, and shall, if the information and signature appear to be valid and1278
other identifying information appears to be correct, so certify by signing or initialing1279
his or her name below the voter's oath. Each elector's name so certified shall be listed1280
by the registrar or clerk on the numbered list of absentee voters prepared for his or her1281
precinct.1282
(C) If the elector has failed to sign the oath, or if the identifying information entered1283
on the absentee ballot envelope signature does not match the same information1284
appearing in the elector's voter registration record appear to be valid, or if the elector1285
has failed to furnish required information or information so furnished does not conform1286
with that on file in the registrar's or clerk's office, or if the elector is otherwise found1287
disqualified to vote, the registrar or clerk shall write across the face of the envelope1288
'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk1289
H. B. 1060
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shall promptly notify the elector of such rejection, a copy of which notification shall be
1290
retained in the files of the board of registrars or absentee ballot clerk for at least two1291
years. Such elector shall have until the end of the period for verifying provisional1292
ballots contained in subsection (c) of Code Section 21-2-419 to cure the problem1293
resulting in the rejection of the ballot. The elector may cure a failure to sign the oath,1294
nonmatching identifying information
an invalid signature, or missing information by1295
submitting an affidavit to the board of registrars or absentee ballot clerk along with a1296
copy of one of the forms of identification enumerated in subsection (c) of Code1297
Section 21-2-417 before the close of such period. The affidavit shall affirm that the1298
ballot was submitted by the elector, is the elector's ballot, and that the elector is1299
registered and qualified to vote in the primary, election, or runoff in question. If the1300
board of registrars or absentee ballot clerk finds the affidavit and identification to be1301
sufficient, the absentee ballot shall be counted.1302
(D) An elector who registered to vote by mail, but did not comply with subsection (c)1303
of Code Section 21-2-220, and who votes for the first time in this state by absentee1304
ballot shall include with his or her application for an absentee ballot or in the outer oath1305
envelope of his or her absentee ballot either one of the forms of identification listed in1306
subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank1307
statement, government check, paycheck, or other government document that shows the1308
name and address of such elector. If such elector does not provide any of the forms of1309
identification listed in this subparagraph with his or her application for an absentee1310
ballot or with the absentee ballot, such absentee ballot shall be deemed to be a1311
provisional ballot and such ballot shall only be counted if the registrars are able to1312
verify current and valid identification of the elector as provided in this subparagraph1313
within the time period for verifying provisional ballots pursuant to Code1314
Section 21-2-419. The board of registrars or absentee ballot clerk shall promptly notify1315
the elector that such ballot is deemed a provisional ballot and shall provide information1316
H. B. 1060
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on the types of identification needed and how and when such identification is to be
1317
submitted to the board of registrars or absentee ballot clerk to verify the ballot.1318
(E) Three copies of the numbered list of voters shall also be prepared for such rejected1319
absentee electors, giving the name of the elector and the reason for the rejection in each1320
case. Three copies of the numbered list of certified absentee voters and three copies of1321
the numbered list of rejected absentee voters for each precinct shall be turned over to1322
the poll manager in charge of counting the absentee ballots and shall be distributed as1323
required by law for numbered lists of voters.1324
(F) All absentee ballots returned to the board or absentee ballot clerk after the closing1325
of the polls on the day of the primary or election shall be safely kept unopened by the1326
board or absentee ballot clerk and then transferred to the appropriate clerk for storage1327
for the period of time required for the preservation of ballots used at the primary or1328
election and shall then, without being opened, be destroyed in like manner as the used1329
ballots of the primary or election. The board of registrars or absentee ballot clerk shall1330
promptly notify the elector by first-class mail that the elector's ballot was returned too1331
late to be counted and that the elector will not receive credit for voting in the primary1332
or election. All such late absentee ballots shall be delivered to the appropriate clerk and1333
stored as provided in Code Section 21-2-390.1334
(G) Notwithstanding any provision of this chapter to the contrary, until the United1335
States Department of Defense notifies the Secretary of State that the Department of1336
Defense has implemented a system of expedited absentee voting for those electors1337
covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by1338
eligible absentee electors who reside outside the county or municipality in which the1339
primary, election, or runoff is held and are members of the armed forces of the United1340
States, members of the merchant marine of the United States, spouses or dependents of1341
members of the armed forces or merchant marine residing with or accompanying such1342
members, or overseas citizens that are postmarked by the date of such primary, election,1343
H. B. 1060
- 52 - 24 LC 47 2722
or runoff and are received within the three-day period following such primary, election,
1344
or runoff, if proper in all other respects, shall be valid ballots and shall be counted and1345
included in the certified election results.1346
(2)(A) Beginning at 8:00 A.M. on the third Monday prior to
After the opening of the1347
polls on the day of the primary, election, or runoff, the election superintendent1348
registrars or absentee ballot clerks shall be authorized to open the outer oath envelope1349
of absentee ballots that have been verified and accepted pursuant to1350
subparagraph (a)(1)(B) of this Code section, on which is printed the oath of the elector1351
in such a manner as not to destroy the oath printed thereon; provided, however, that the1352
registrars or absentee ballot clerk shall not be authorized to remove the contents of such1353
outer envelope, or to open the inner envelope marked 'Official Absentee Ballot,' and1354
scan the absentee ballot using one or more ballot scanners except as otherwise provided1355
in this Code section. At least three persons who are registrars, deputy registrars, poll1356
workers, or absentee ballot clerks must be present before commencing; and three1357
persons who are registrars, deputy registrars, or absentee ballot clerks shall be present1358
at all times while the absentee ballot outer envelopes are being opened and the absentee1359
ballots are being scanned. However, no person shall tally, tabulate, estimate, or attempt1360
to tally, tabulate, or estimate or cause the ballot scanner or any other equipment to1361
produce any tally or tabulate, partial or otherwise, of the absentee ballots cast until the1362
time for the closing of the polls on the day of the primary, election, or runoff except as1363
provided in this Code section. Prior to beginning the process set forth in this paragraph,1364
the superintendent shall provide written notice to the Secretary of State in writing at1365
least seven days prior to processing and scanning absentee ballots. Such notice shall1366
contain the dates, start and end times, and location or locations where absentee ballots1367
will be processed and scanned. The superintendent shall also post such notice publicly1368
in a prominent location in the superintendent's office and on the home page of the1369
county election superintendent's website, if the county election superintendent1370
H. B. 1060
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maintains such a website. The Secretary of State shall publish on his or her website the1371
information he or she receives from superintendents stating the dates, times, and1372
locations where absentee ballots will be processed. After opening the outer envelopes,1373
the ballots shall be safely and securely stored until the time for tabulating such ballots.1374
(B) The proceedings set forth in this paragraph shall be open to the view of the public,1375
but no person except one employed and designated by the superintendent shall touch1376
any ballot or ballot container. Any person involved in processing and scanning1377
absentee ballots shall swear an oath, in the same form as the oath for poll officers1378
provided in Code Section 21-2-95, prior to beginning the processing and scanning of1379
absentee ballots. The county executive committee or, if there is no organized county1380
executive committee, the state executive committee of each political party and political1381
body having candidates whose names appear on the ballot for such election shall have1382
the right to designate two persons and each independent and nonpartisan candidate1383
whose name appears on the ballot for such election shall have the right to designate one1384
person to act as monitors for such process. In the event that the only issue to be voted1385
upon in an election is a referendum question, the superintendent shall also notify in1386
writing the chief judge of the superior court of the county who shall appoint two1387
electors of the county to monitor such process. While viewing or monitoring the1388
process set forth in this paragraph, monitors and observers shall be prohibited from:1389
(i) In any way interfering with the processing or scanning of absentee ballots or the1390
conduct of the election;1391
(ii) Using or bringing into the room any photographic or other electronic monitoring1392
or recording devices, cellular telephones, or computers;1393
(iii) Engaging in any form of campaigning or campaign activity;1394
(iv) Taking any action that endangers the secrecy and security of the ballots;1395
(v) Touching any ballot or ballot container;1396
H. B. 1060
- 54 - 24 LC 47 2722
(vi) Tallying, tabulating, estimating, or attempting to tally, tabulate, or estimate,1397
whether partial or otherwise, any of the votes on the absentee ballots cast; and1398
(vii) Communicating any information that they see while monitoring the processing1399
and scanning of the absentee ballots, whether intentionally or inadvertently, about any1400
ballot, vote, or selection to anyone other than an election official who needs such1401
information to lawfully carry out his or her official duties.1402
(C) The State Election Board shall promulgate rules requiring reconciliation1403
procedures; prompt and undelayed scanning of ballots after absentee ballot envelopes1404
are opened; secrecy of election results prior to the closing of the polls on the day of a1405
primary, election, or runoff; and other protections to protect the integrity of the process1406
set forth in this paragraph.1407
(3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on the1408
day of the primary, election, or runoff open the inner envelopes in accordance with the1409
procedures prescribed in this subsection and begin tabulating the absentee ballots. If the1410
county election superintendent chooses to open the inner envelopes and begin tabulating1411
such ballots prior to the close of the polls on the day of the primary, election, or runoff,1412
the superintendent shall notify in writing, at least seven days prior to the primary,1413
election, or runoff, the Secretary of State of the superintendent's intent to begin the1414
absentee ballot tabulation prior to the close of the polls. The county executive committee1415
or, if there is no organized county executive committee, the state executive committee of1416
each political party and political body having candidates whose names appear on the1417
ballot for such election in such county shall have the right to designate two persons and1418
each independent and nonpartisan candidate whose name appears on the ballot for such1419
election in such county shall have the right to designate one person to act as monitors for1420
such process. In the event that the only issue to be voted upon in an election is a1421
referendum question, the superintendent shall also notify in writing the chief judge of the1422
H. B. 1060
- 55 - 24 LC 47 2722
superior court of the county who shall appoint two electors of the county to monitor such
1423
process.1424
(4) The county election superintendent shall publish a written notice in the1425
superintendent's office of the superintendent's intent to begin the absentee ballot1426
tabulation prior to the close of the polls and publish such notice at least one week prior1427
to the primary, election, or runoff in the legal organ of the county.1428
(5) The process for opening absentee ballot
the inner envelopes, scanning absentee1429
ballots, of and tabulating absentee ballots on the day of a primary, election, or runoff as1430
provided in this subsection shall be conducted in a manner a confidential process to1431
maintain the secrecy of all ballots and to protect the disclosure of any balloting1432
information before 7:00 P.M. on election day. No absentee ballots shall be tabulated1433
before 7:00 A.M. on the day of a primary, election, or runoff.1434
(6) All persons conducting the tabulation of absentee ballots during the day of a primary,1435
election, or runoff, including the vote review panel required by Code Section 21-2-483,1436
and all monitors and observers shall be sequestered until the time for the closing of the1437
polls. All such persons shall have no contact with the news media; shall have no contact1438
with other persons not involved in monitoring, observing, or conducting the tabulation;1439
shall not use any type of communication device including radios, telephones, and cellular1440
telephones; shall not utilize computers for the purpose of email, instant messaging, or1441
other forms of communication; and shall not communicate any information concerning1442
the tabulation until the time for the closing of the polls; provided, however, that1443
supervisory and technical assistance personnel shall be permitted to enter and leave the1444
area in which the tabulation is being conducted but shall not communicate any1445
information concerning the tabulation to anyone other than the county election1446
superintendent; the staff of the superintendent; those persons conducting, observing, or1447
monitoring the tabulation; and those persons whose technical assistance is needed for the1448
tabulation process to operate.1449
H. B. 1060
- 56 - 24 LC 47 2722
(7) The absentee ballots shall be tabulated in accordance with the procedures of this
1450
chapter for the tabulation of absentee ballots. As such ballots are tabulated, they shall be1451
placed into locked ballot boxes and may be transferred to locked ballot bags, if needed,1452
for security. The persons conducting the tabulation of the absentee ballots shall not cause1453
the tabulating equipment to produce any count, partial or otherwise, of the absentee votes1454
cast until the time for the closing of the polls except as otherwise provided in this Code
1455
section.1456
(b) When requested by the superintendent, but not earlier than the third Monday prior to1457
a primary, election, or runoff As soon as practicable after 7:00 A.M. on the day of the1458
primary, election, or runoff, in precincts other than those in which optical scanning1459
tabulators are used, a registrar or absentee ballot clerk shall deliver the official absentee1460
ballot of each certified absentee elector, each rejected absentee ballot, applications for such1461
ballots, and copies of the numbered lists of certified and rejected absentee electors to the1462
location manager in charge of the absentee ballot precinct of the county or municipality,1463
which shall be located in the precincts containing the county courthouse or polling place1464
designated by the municipal superintendent. In those precincts in which optical scanning1465
tabulators are used, such absentee ballots shall be taken to the tabulation center or other1466
place designated by the superintendent, and the superintendent or official receiving such1467
absentee ballots shall issue his or her receipt therefor. Except as otherwise provided in this1468
Code section, in no event shall the counting of the ballots begin before the polls close.1469
(c) The superintendent shall cause the verified and accepted absentee ballots to be opened1470
and tabulated as provided in this Code section. A Except as otherwise provided in this1471
Code section, after the close of the polls on the day of the primary, election, or runoff, a1472
manager shall then open the outer envelope in such manner as not to destroy the oath1473
printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in1474
a ballot box reserved for absentee ballots. In the event that an outer envelope is found to1475
contain an absentee ballot that is not in an inner envelope, the ballot shall be sealed in an1476
H. B. 1060
- 57 - 24 LC 47 2722
inner envelope, initialed and dated by the person sealing the inner envelope, and deposited
1477
in the ballot box and counted in the same manner as other absentee ballots, provided that1478
such ballot is otherwise proper. Such manager with two assistant managers, appointed by1479
the superintendent, with such clerks as the manager deems necessary shall count the1480
absentee ballots following the procedures prescribed by this chapter for other ballots,1481
insofar as practicable, and prepare an election return for the county or municipality
1482
showing the results of the absentee ballots cast in such county or municipality.1483
(d) All absentee ballots shall be counted and tabulated in such a manner that returns may1484
be reported by precinct; and separate returns shall be made for each precinct in which1485
absentee ballots were cast showing the results by each precinct in which the electors reside. 1486
The superintendent shall utilize the procedures set forth in this Code section to ensure that1487
the returns of verified and accepted absentee ballots cast are reported to the public as soon1488
as possible following the closing of the polls on the day of the primary, election, or runoff. 1489
Failure to utilize these procedures to ensure that the returns of verified and accepted1490
absentee ballots are reported as soon as possible following the close of polls shall subject1491
the superintendent to sanctions by the State Election Board. If a superintendent fails to1492
report the returns of verified and accepted absentee ballots by the day following the1493
election at 5:00 P.M., the State Election Board may convene an independent performance1494
review board pursuant to Code Section 21-2-107.1495
(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall1496
write 'Challenged,' the elector's name, and the alleged cause of challenge on the outer1497
envelope and shall deposit the ballot in a secure, sealed ballot box; and it shall be counted1498
as other challenged ballots are counted. Where direct recording electronic voting systems1499
are used for absentee balloting and a challenge to an elector's right to vote is made prior to1500
the time that the elector votes, the elector shall vote on a paper or optical scanning ballot1501
and such ballot shall be handled as provided in this subsection. The board of registrars or1502
absentee ballot clerk shall promptly notify the elector of such challenge.1503
H. B. 1060
- 58 - 24 LC 47 2722
(f) It shall be unlawful at any time prior to the close of the polls for any person to disclose
1504
or for any person to receive any information regarding the results of the tabulation of1505
absentee ballots except as expressly provided by law."1506
SECTION 36.1507
Said chapter is further amended by revising Code Section 21-2-390, relating to delivery of1508
election materials to clerk of superior court or city clerk, accounting for ballots, and1509
inspection and audit of information contained in absentee ballot applications or envelopes,1510
as follows:1511
"21-2-390.1512
(a)
All official absentee ballots and envelopes on which the forms of affidavits and jurats1513
appear shall be delivered to the clerk of the superior court or the city clerk upon the1514
conclusion of the primary or election and shall be safely kept by him or her for the period1515
required by law and then shall be destroyed. The applications for such ballots shall be1516
retained by the board of registrars or the municipal absentee ballot clerk for at least 241517
months and then may be destroyed. On the day following the primary or election, the1518
board of registrars or the municipal absentee ballot clerk shall transmit all canceled,1519
spoiled, and rejected absentee ballots and copies of requests for cancellation of absentee1520
ballots to the clerk of the superior court or the city clerk to be held with other election1521
materials as provided in Code Section 21-2-500. The registrars or the municipal absentee1522
ballot clerk shall also transmit an accounting of all absentee ballots, including the number1523
furnished by the registrars or the municipal absentee ballot clerk, the number issued to1524
electors, the number spoiled, and the number rejected.1525
(b) The Secretary of State shall be authorized to inspect and audit the information1526
contained in the absentee ballot applications or envelopes at his or her discretion at any1527
time during the 24 month retention period. Such audit may be conducted state wide or in1528
selected counties or cities and may include the auditing of a statistically significant sample1529
H. B. 1060
- 59 - 24 LC 47 2722
of the envelopes or a full audit of all of such envelopes. For this purpose, the Secretary of1530
State or his or her authorized agents shall have access to such envelopes in the custody of1531
the clerk of superior court or city clerk."1532
SECTION 37.1533
Said chapter is further amended by revising Code Section 21-2-403, relating to time for1534
opening and closing of polls and extended poll hours, as follows:1535
"21-2-403.1536
(a) At all primaries and elections the polls shall be opened at 7:00 A.M. eastern standard1537
time or eastern daylight time, whichever is applicable, and shall remain open continuously1538
until 7:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, at1539
which time they shall be closed; provided, however, that, in all cities having a population1540
of 300,000 or more according to the United States decennial census of 1970 or any future1541
such census, the polls shall remain open continuously until 8:00 P.M. eastern standard time1542
or eastern daylight time, whichever is applicable, during the cities' general elections, at1543
which time they shall be closed and provided, further, that, in a special election held to fill1544
a vacancy in an office in which the district represented by such office lies wholly within1545
the boundaries of a city, the polls shall close at the same time as for a municipal general1546
election in such city.1547
(b) Poll hours at a precinct may be extended only by order of a judge of the superior court1548
of the county in which the precinct is located upon good cause shown by clear and1549
convincing evidence that persons were unable to vote at that precinct during a specific1550
period or periods of time. Poll hours shall not be extended longer than the total amount of1551
time during which persons were unable to vote at such precinct. Any order extending poll1552
hours at a precinct beyond 9:00 P.M. shall be by written order with specific findings of fact1553
supporting such extension."1554
H. B. 1060
- 60 - 24 LC 47 2722
SECTION 38.
1555
Said chapter is further amended by revising subsections (c) and (e) of Code1556
Section 21-2-408, relating to poll watchers, designation, duties, removal for interference with1557
election, reports of infractions or irregularities, ineligibility of candidates to serve, and1558
training, as follows:1559
"(c) In counties or municipalities using direct recording electronic (DRE) voting systems1560
or optical scanning voting systems, each political party may appoint two poll watchers in1561
each primary or election, each political body may appoint two poll watchers in each1562
election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan1563
election, and each independent candidate may appoint one poll watcher in each election to1564
serve in the locations designated by the superintendent within the tabulating center. Such1565
designated locations shall include the check-in area, the computer room, the duplication1566
area, and such other areas as the superintendent may deem necessary to the assurance of1567
fair and honest procedures in the tabulating center. The locations designated by the
1568
superintendent shall ensure that each poll watcher can fairly observe the procedures set1569
forth in this Code section. The poll watchers provided for in this subsection shall be1570
appointed and serve in the same manner as other poll watchers."1571
"(e) No person shall be appointed or be eligible to serve as a poll watcher in any primary1572
or election in which such person is a candidate. No person shall be eligible to serve as a1573
poll watcher unless he or she has completed training provided by the political party,1574
political body, or candidate designating the poll watcher. Upon request, the Secretary of1575
State shall make available material to each political party, political body, or candidate that1576
can be utilized in such training but it shall be the responsibility of the political party,1577
political body, or candidate designating the poll watcher to instruct poll watchers in their1578
duties and in applicable laws and rules and regulations. Each political party, political body,1579
or candidate shall, in their written designation of poll watchers, certify under oath that the1580
named poll watchers have completed the training required by this Code section."1581
H. B. 1060
- 61 - 24 LC 47 2722
SECTION 39.
1582
Said chapter is further amended by revising subsections (a) and (e) of Code1583
Section 21-2-414, relating to restrictions on campaign activities, giving of food or water, and1584
public opinion polling within the vicinity of a polling place, cellular phone use prohibited,1585
prohibition of candidates from entering certain polling places, as follows:1586
"(a) No person shall solicit votes in any manner or by any means or method, nor shall any1587
person distribute or display any campaign material, nor shall any person give, offer to give,
1588
or participate in the giving of any money or gifts, including, but not limited to, food and1589
drink, to an elector, nor shall any person solicit signatures for any petition, nor shall any1590
person, other than election officials discharging their duties, establish or set up any tables1591
or booths on any day in which ballots are being cast:1592
(1) Within 150 feet of the outer edge of any building within which a polling place is1593
established;1594
(2) Within any polling place; or1595
(3) Within 25 feet of any voter standing in line to vote at any polling place.1596
These restrictions shall not apply to conduct occurring in private offices or areas which1597
cannot be seen or heard by such electors."1598
"(e) This Code section shall not be construed to prohibit a poll officer from distributing1599
materials, as required by law, which are necessary for the purpose of instructing electors1600
or from distributing materials prepared by the Secretary of State which are designed solely1601
for the purpose of encouraging voter participation in the election being conducted or from1602
making available self-service water from an unattended receptacle to an elector waiting in1603
line to vote."1604
SECTION 40.1605
Said chapter is further amended by revising subsections (a) and (b) of Code1606
Section 21-2-418, relating to provisional ballots, as follows:1607
H. B. 1060
- 62 - 24 LC 47 2722
"(a) If a person presents himself or herself at a polling place, absentee polling place, or
1608
registration office in his or her county of residence in this state for the purpose of casting1609
a ballot in a primary or election stating a good faith belief that he or she has timely1610
registered to vote in such county of residence in such primary or election and the person's1611
name does not appear on the list of registered electors, the person shall be entitled to cast1612
a provisional ballot in his or her county of residence in this state as provided in this Code1613
section. If the person presents himself or herself at a polling place in the county in which
1614
he or she is registered to vote, but not at the precinct at which he or she is registered to1615
vote, the poll officials shall inform the person of the polling location for the precinct where1616
such person is registered to vote. The poll officials shall also inform such person that any1617
votes cast by a provisional ballot in the wrong precinct will not be counted unless it is cast1618
after 5:00 P.M. and before the regular time for the closing of the polls on the day of the1619
primary, election, or runoff and unless the person executes a sworn statement, witnessed1620
by the poll official, stating that he or she is unable to vote at his or her correct polling place1621
prior to the closing of the polls and giving the reason therefor.1622
(b) Such person voting a provisional ballot shall complete an official voter registration1623
form and a provisional ballot voting certificate which shall include information about the1624
place, manner, and approximate date on which the person registered to vote. The person1625
shall swear or affirm in writing that he or she previously registered to vote in such primary1626
or election, is eligible to vote in such primary or election, has not voted previously in such1627
primary or election, and meets the criteria for registering to vote in such primary or1628
election. If the person is voting a provisional ballot in the county in which he or she is1629
registered to vote but not at the precinct in which he or she is registered to vote during the1630
period from 5:00 P.M. to the regular time for the closing of the polls on the day of the1631
primary, election, or runoff, the person shall execute a sworn statement, witnessed by the1632
poll official, stating that he or she is unable to vote at his or her correct polling place prior1633
to the closing of the polls and giving the reason therefor. The form of the provisional ballot1634
H. B. 1060
- 63 - 24 LC 47 2722
voting certificate shall be prescribed by the Secretary of State. The person shall also
1635
present the identification required by Code Section 21-2-417."1636
SECTION 41.1637
Said chapter is further amended by revising Code Section 21-2-419, relating to validation of1638
provisional ballots and reporting to Secretary of State, as follows:1639
"21-2-419.1640
(a) A person shall cast a provisional ballot on the same type of ballot that is utilized by the1641
county or municipality. Such provisional ballot shall be sealed in double envelopes as1642
provided in Code Section 21-2-384 and shall be deposited by the person casting such ballot1643
in a secure, sealed ballot box.1644
(b) At the earliest time possible after the casting of a provisional ballot, but no later than1645
the day after the primary or election in which such provisional ballot was cast, the board1646
of registrars of the county or municipality, as the case may be, shall be notified by the1647
election superintendent that provisional ballots were cast in the primary or election and the1648
registrars shall be provided with the documents completed by the person casting the1649
provisional ballot as provided in Code Section 21-2-418. Provisional ballots shall be1650
securely maintained by the election superintendent until a determination has been made1651
concerning their status. The board of registrars shall immediately examine the information1652
contained on such documents and make a good faith effort to determine whether the person1653
casting the provisional ballot was entitled to vote in the primary or election. Such good1654
faith effort shall include a review of all available voter registration documentation,1655
including registration information made available by the electors themselves and1656
documentation of modifications or alterations of registration data showing changes to an1657
elector's registration status. Additional sources of information may include, but are not1658
limited to, information from the Department of Driver Services, Department of Family and1659
H. B. 1060
- 64 - 24 LC 47 2722
Children Services, Department of Natural Resources, public libraries, or any other agency
1660
of government including, but not limited to, other county election and registration offices.1661
(c)(1) If the registrars determine after the polls close, but not later than three days1662
following the primary or election, that the person casting the provisional ballot timely1663
registered to vote and was eligible and entitled to vote in the precinct in which he or she
1664
voted in such primary or election, the registrars shall notify the election superintendent1665
and the provisional ballot shall be counted and included in the county's or municipality's1666
certified election results.1667
(2) If the registrars determine after the polls close, but not later than three days following1668
the primary or election, that the person voting the provisional ballot timely registered and1669
was eligible and entitled to vote in the primary or election but voted in the wrong1670
precinct, then the board of registrars shall notify the election superintendent only if such1671
person voted between the hours of 5:00 P.M. and the regular time for the closing of the1672
polls on the day of the primary, election, or runoff and provided the sworn statement1673
required by subsection (b) of Code Section 21-2-418. The superintendent shall count1674
such person's votes which were cast for candidates in those races for which the person1675
was entitled to vote but shall not count the votes cast for candidates in those races in1676
which such person was not entitled to vote. The superintendent shall order the proper1677
election official at the tabulating center or precinct to prepare an accurate duplicate ballot1678
containing only those votes cast by such person in those races in which such person was1679
entitled to vote for processing at the tabulating center or precinct, which shall be verified1680
in the presence of a witness. Such duplicate ballot shall be clearly labeled with the word1681
'Duplicate,' shall bear the designation of the polling place, and shall be given the same1682
serial number as the original ballot. The original ballot shall be retained and the sworn1683
statement required by subsection (b) of Code Section 21-2-418 shall be transmitted to the1684
Secretary of State with the certification documents required by paragraph (4) of1685
H. B. 1060
- 65 - 24 LC 47 2722
subsection (a) of Code Section 21-2-497 and such statement shall be reviewed by the1686
State Election Board.1687
(3) If the registrars determine that the person casting the provisional ballot did not timely1688
register to vote or was not eligible or entitled to vote in the precinct in which he or she1689
voted in such primary or election or shall be unable to determine within three days1690
following such primary or election whether such person timely registered to vote and was1691
eligible and entitled to vote in such primary or election, the registrars shall so notify the1692
election superintendent and such ballot shall not be counted. The election superintendent1693
shall mark or otherwise document that such ballot was not counted and shall deliver and1694
store such ballots with all other ballots and election materials as provided in Code1695
Section 21-2-500.1696
(d)(1) At the earliest time possible after a determination is made regarding a provisional1697
ballot, the board of registrars shall notify in writing those persons whose provisional1698
ballots were not counted that their ballots were not counted because of the inability of the1699
registrars to verify that the persons timely registered to vote or other proper reason. The1700
registrars shall process the official voter registration form completed by such persons1701
pursuant to Code Section 21-2-418 and shall add such persons to the electors list if found1702
qualified.1703
(2) At the earliest time possible after a determination is made regarding a provisional1704
ballot, the board of registrars shall notify in writing those electors who voted in the wrong1705
precinct and whose votes were partially counted of their correct precinct.1706
(e) The board of registrars shall complete a report in a form designated by the Secretary1707
of State indicating the number of provisional ballots cast and counted in the primary or1708
election."1709
H. B. 1060
- 66 - 24 LC 47 2722
SECTION 42.
1710
Said chapter is further amended by repealing Code Section 21-2-420, relating to procedure1711
for counting and tabulation of ballots, and Code Section 21-2-421, relating to posting of1712
required information after closing of polls and reporting to Secretary of State, in their1713
entirety.1714
SECTION 43.1715
Said chapter is further amended by revising subsections (a) and (d) of Code1716
Section 21-2-437, relating to procedure as to count and return of votes generally and void1717
ballots, as follows:1718
"(a) After the polls close and as soon as all the ballots have been properly accounted for1719
and those outside the ballot box as well as the voter's certificates, numbered list of voters,1720
and electors list have been sealed, the poll officers shall open the ballot box and take1721
therefrom all ballots contained therein. In primaries in which more than one ballot box is1722
used, any ballots or stubs belonging to another party holding its primary in the same polling1723
place shall be returned to the ballot box for the party for which they were issued. In1724
primaries, separate tally and return sheets shall be prepared for each party, and separate1725
poll officers shall be designated by the chief manager to count and tally each party's ballot. 1726
Where the same ballot box is being used by one or more parties, the ballots and stubs shall1727
first be divided by party before being tallied and counted. The ballots shall then be counted1728
one by one and a record made of the total number. Then the chief manager, together with1729
such assistant managers and other poll officers as the chief manager may designate, under1730
the scrutiny of one of the assistant managers and in the presence of the other poll officers,1731
shall read aloud the names of the candidates marked or written upon each ballot, together1732
with the office for which the person named is a candidate, and the answers contained on1733
the ballots to the questions submitted, if any; and the other assistant manager and clerks1734
shall carefully enter each vote as read and keep account of the same in ink on a sufficient1735
H. B. 1060
- 67 - 24 LC 47 2722
number of tally papers, all of which shall be made at the same time. All ballots, after being
1736
removed from the box, shall be kept within the unobstructed view of all persons in the1737
voting room until replaced in the box. No person, while handling the ballots, shall have1738
in his or her hand any pencil, pen, stamp, or other means of marking or spoiling any ballot.1739
The poll officers shall immediately proceed to canvass and compute the votes cast and shall1740
not adjourn or postpone the canvass or computation until it shall have been fully1741
completed, except that, in the discretion of the superintendent, the poll officers may stop
1742
the counting after all contested races and questions are counted, provided that the results1743
of these contested races and questions are posted for the information of the public outside1744
the polling place and the ballots are returned to the ballot box and deposited with the1745
superintendent until counting is resumed on the following day."1746
"(d) Any ballot marked so as to identify the voter shall be void and not counted, except a1747
ballot cast by a challenged elector whose name appears on the electors list; such challenged1748
vote shall be counted as prima facie valid but may be voided in the event of an election1749
contest. Any ballot marked by anything but pen or pencil shall be void and not counted.1750
Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote1751
for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if1752
otherwise properly marked. If an elector shall mark his or her ballot for more persons for1753
any nomination or office than there are candidates to be voted for such nomination or1754
office, or if, for any reason, it may be impossible to determine his or her choice for any1755
nomination or office, his or her ballot shall not be counted for such nomination or office;1756
but the ballot shall be counted for all nominations or offices for which it is properly1757
marked. Unmarked ballots or ballots improperly or defectively marked so that the whole1758
ballot is void shall be set aside and shall be preserved with other ballots. In primaries,1759
votes cast for candidates who have died, withdrawn, or been disqualified shall be void and1760
shall not be counted. Except as provided in subsection (g) of Code Section 21-2-1341761
H. B. 1060
- 68 - 24 LC 47 2722
regarding nonpartisan elections, in In elections, votes for candidates who have died or been1762
disqualified shall be void and shall not be counted."1763
SECTION 44.1764
Said chapter is further amended by revising subsection (a) of Code Section 21-2-438, relating1765
to ballots identifying voter, not marked, or improperly marked declared void, as follows:1766
"(a) Any ballot marked so as to identify the voter shall be void and not counted, except a1767
ballot cast by a challenged elector whose name appears on the electors list; such challenged1768
vote shall be counted as prima facie valid but may be voided in the event of an election1769
contest. Any ballot marked by anything but pen or pencil shall be void and not counted. 1770
Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote1771
for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if1772
otherwise properly marked. If an elector shall mark his or her ballot for more persons for1773
any nomination or office than there are candidates to be voted for such nomination or1774
office, or if, for any reason, it may be impossible to determine his or her choice for any1775
nomination or office, his or her ballot shall not be counted for such nomination or office;1776
but the ballot shall be counted for all nominations or offices for which it is properly1777
marked. Ballots not marked or improperly or defectively marked so that the whole ballot1778
is void shall be set aside and shall be preserved with the other ballots. In primaries, votes1779
cast for candidates who have died, withdrawn, or been disqualified shall be void and shall1780
not be counted. Except as provided in subsection (g) of Code Section 21-2-134 regarding1781
nonpartisan elections, in In elections, votes for candidates who have died or been1782
disqualified shall be void and shall not be counted."1783
SECTION 45.1784
Said chapter is further amended by revising subsection (a) of Code Section 21-2-480, relating1785
to caption for ballots, party designations, and form and arrangement, as follows:1786
H. B. 1060
- 69 - 24 LC 47 2722
"(a) At the top of each ballot for an election in a precinct using optical scanning voting
1787
equipment shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed1788
by the name and
designation of the precinct for which it is prepared and the name and date1789
of the election."1790
SECTION 46.1791
Said chapter is further amended by revising Code Section 21-2-482, relating to absentee1792
ballots for precincts using optical scanning voting equipment, as follows:1793
"21-2-482.1794
Ballots in a precinct using optical scanning voting equipment for voting by absentee1795
electors shall be prepared sufficiently in advance by the superintendent and shall be1796
delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots1797
shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots1798
required by Article 8 of this chapter, except that in counties or municipalities using voting1799
machines, direct recording electronic (DRE) units, or ballot scanners, the ballots may be1800
in substantially the form for the ballot labels required by Article 9 of this chapter or in such1801
form as will allow the ballot to be machine tabulated. Every such ballot shall have printed1802
on the face thereof the following:1803
'I understand that the offer or acceptance of money or any other object of value to vote1804
for any particular candidate, list of candidates, issue, or list of issues included in this1805
election constitutes an act of voter fraud and is a felony under Georgia law.'1806
The form for either ballot shall be determined and prescribed by the Secretary of State and1807
shall have printed at the top the name and designation of the precinct."1808
SECTION 47.1809
Said chapter is further amended by revising subsection (f) of Code Section 21-2-483, relating1810
to counting of ballots, public accessibility to tabulating center and precincts, execution of1811
H. B. 1060
- 70 - 24 LC 47 2722
ballot recap forms, procedure for torn, bent, or otherwise defective ballots, and preparation
1812
of duplicate ballots, as follows:1813
"(f) If it appears that a ballot is so torn, bent, or otherwise defective that it cannot be1814
processed by the tabulating machine, the superintendent, in his or her discretion, may order1815
a duplication panel
the proper election official at the tabulating center or precinct to prepare1816
a true duplicate copy for processing with the ballots of the same polling place, which shall1817
be verified in the presence of a witness. In a partisan election, the duplication panel shall1818
be composed of the election superintendent or a designee thereof and one person appointed1819
by the county executive committee of each political party having candidates whose names1820
appear on the ballot for such election, provided that, if there is no organized county1821
executive committee for a political party, the person shall be appointed by the state1822
executive committee of the political party. In a nonpartisan election or an election1823
involving only the presentation of a question to the electors, the duplication panel shall be1824
composed of the election superintendent or a designee thereof and two electors of the1825
county or municipality. In the case of a nonpartisan county or municipal election or an1826
election involving only the presentation of a question to the electors, the two elector1827
members of the panel shall be appointed by the chief judge of the superior court of the1828
county or municipality in which the election is held. In the case of a municipality which1829
is located in more than one county, the two elector members of the panel shall be appointed1830
by the chief judge of the superior court of the county in which the city hall of the1831
municipality is located. The election superintendent may create multiple duplication panels1832
to handle the processing of such ballots more efficiently. All duplicate ballots shall be1833
clearly labeled by the word 'duplicate,' shall bear the designation of the polling place, and1834
shall contain a unique number that will allow such duplicate ballot to be linked back to the1835
original ballot be given the same serial number as the defective ballot. The defective ballot1836
shall be retained."1837
H. B. 1060
- 71 - 24 LC 47 2722
SECTION 48.
1838
Said chapter is further amended by revising Code Section 21-2-492, relating to computation1839
and canvassing of returns, notice of place where returns will be computed and canvassed,1840
blank forms for making statements of returns, and swearing of assistants, as follows:1841
"21-2-492.1842
The superintendent shall arrange for the computation and canvassing of the returns of votes1843
cast at each primary and election at his or her office or at some other convenient public1844
place at the county seat or municipality following the close of the polls on the day of such
1845
primary or election with accommodations for those present insofar as space permits. An1846
interested candidate or his or her representative shall be permitted to keep or check his or1847
her own computation of the votes cast in the several precincts as the returns from the same1848
are read, as directed in this article. The superintendent shall give at least one week's notice1849
prior to the primary or election by publishing same in a conspicuous place in the1850
superintendent's office, of the time and place when and where he or she will commence and1851
hold his or her sessions for the computation and canvassing of the returns; and he or she1852
shall keep copies of such notice posted in his or her office during such period. The1853
superintendent shall procure a sufficient number of blank forms of returns made out in the1854
proper manner and headed as the nature of the primary or election may require, for making1855
out full and fair statements of all votes which shall have been cast within the county or any1856
precinct therein, according to the returns from the several precincts thereof, for any person1857
voted for therein, or upon any question voted upon therein. The assistants of the1858
superintendent in the computation and canvassing of the votes shall be first sworn by the1859
superintendent to perform their duties impartially and not to read, write, count, or certify1860
any return or vote in a false or fraudulent manner."1861
H. B. 1060
- 72 - 24 LC 47 2722
SECTION 49.
1862
Said chapter is further amended by revising subsections (a) and (k) of Code1863
Section 21-2-493, relating to computation, canvassing, and tabulation of returns,1864
investigation of discrepancies in vote counts, recount procedure, pilot program for posting1865
of digital images of scanned paper ballots, certification of returns, and change in returns, as1866
follows:1867
"(a) The superintendent shall, after the close of the polls
at or before 12:00 Noon on the1868
day of a following the primary or election, at his or her office or at some other convenient1869
public place at the county seat or in the municipality, of which due notice shall have been1870
given as provided by Code Section 21-2-492, publicly commence the computation and1871
canvassing of the returns and continue until all absentee ballots received by the close of the1872
polls, including those cast by advance voting, and all ballots cast on the day of the primary1873
or election have been counted and tabulated and the results of such tabulation released to1874
the public and, then, continuing with provisional ballots as provided in Code Sections1875
21-2-418 and 21-2-419 and those absentee ballots as provided in subparagraph (a)(1)(G)1876
of Code Section 21-2-386 the same from day to day until completed. For this purpose, the1877
superintendent may organize his or her assistants into sections, each of whom which may1878
simultaneously proceed with the computation and canvassing of the returns from various1879
precincts of the county or municipality in the manner provided by this Code section. Upon1880
the completion of such computation and canvassing, the superintendent shall tabulate the1881
figures for the entire county or municipality and sign, announce, and attest the same, as1882
required by this Code section."1883
"(k) As the returns from each precinct are read, computed, and found to be correct or1884
corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until1885
all the returns from the various precincts which are entitled to be counted shall have been1886
duly recorded; then they shall be added together, announced, and attested by the assistants1887
who made and computed the entries respectively and shall be signed by the superintendent. 1888
H. B. 1060
- 73 - 24 LC 47 2722
The consolidated returns shall then be certified by the superintendent in the manner
1889
required by this chapter. Such returns shall be certified by the superintendent not later than1890
5:00 P.M. on the Monday
second Friday following the date on which such election was1891
held and such returns shall be immediately transmitted to the Secretary of State; provided,1892
however, that such certification date may be extended by the Secretary of State in his or1893
her discretion if necessary to complete a precertification audit as provided in Code1894
Section 21-2-498."1895
SECTION 50.1896
Said chapter is further amended by repealing subsection (j.1) of Code Section 21-2-493,1897
relating to computation, canvassing, and tabulation of returns, investigation of discrepancies1898
in vote counts, recount procedure, pilot program for posting of digital images of scanned1899
paper ballots, certification of returns, and change in returns, in its entirety.1900
SECTION 51.1901
Said chapter is further amended by revising Code Section 21-2-501, relating to number of1902
votes required for election and runoff, as follows:1903
"21-2-501.1904
(a)(1) Except as otherwise provided in this Code section, no candidate shall be1905
nominated for public office in any primary or special primary or elected to public office1906
in any election or special election or shall take or be sworn into such elected public office1907
unless such candidate shall have received a majority of the votes cast to fill such1908
nomination or public office. In instances where no candidate receives a majority of the1909
votes cast, a run-off primary, special primary runoff, run-off election, or special election1910
runoff between the candidates receiving the two highest numbers of votes shall be held. 1911
Unless such date is postponed by a court order, such run-off primary, special primary1912
runoff, run-off election, or special election runoff shall be held on the twenty-eighth day1913
H. B. 1060
- 74 - 24 LC 47 2722
after the day of holding the preceding general or special primary or general or special1914
election as provided in this subsection.1915
(2) In the case of a runoff from a general primary or a special primary or special election1916
held in conjunction with a general primary, the runoff shall be held on the Tuesday of the1917
ninth week following such general primary.1918
(3) In the case of a runoff from a general election for a federal office or a runoff from a1919
special primary or special election for a federal office held in conjunction with a general1920
election, the runoff shall be held on the Tuesday of the ninth week following such general1921
election.1922
(4) In the case of a runoff from a general election for an office other than a federal office1923
or a runoff from a special primary or special election for an office other than a federal1924
office held in conjunction with a general election, the runoff shall be held on the1925
twenty-eighth day after the day of holding the preceding general election.1926
(5) In the case of a runoff from a special primary or special election for a federal office1927
not held in conjunction with a general primary or general election, the runoff shall be held1928
on the Tuesday of the ninth week following such special primary or special election.1929
(6) In the case of a runoff from a special primary or special election for an office other1930
than a federal office not held in conjunction with a general primary or general election,1931
the runoff shall be held on the twenty-eighth day after the day of holding the preceding1932
special primary or special election; provided, however, that, if such runoff is from a1933
special primary or special election held in conjunction with a special primary or special1934
election for a federal office and there is a runoff being conducted for such federal office,1935
the runoff from the special primary or special election conducted for such other office1936
may be held in conjunction with the runoff for the federal office.1937
(7) If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible,1938
the remaining candidates receiving the two highest numbers of votes shall be the1939
candidates in the runoff.1940
H. B. 1060
- 75 - 24 LC 47 2722
(8)(3) The candidate receiving the highest number of the votes cast in such run-off1941
primary, special primary runoff, run-off election, or special election runoff to fill the1942
nomination or public office sought shall be declared the winner.1943
(9)(4) The name of a write-in candidate eligible for election in a runoff shall be printed1944
on the election or special election run-off ballot in the independent column.1945
(10)(5) The run-off primary, special primary runoff, run-off election, or special election1946
runoff shall be a continuation of the primary, special primary, election, or special election1947
for the particular office concerned. Only the electors who are were duly registered to1948
vote and not subsequently deemed disqualified to vote in the runoff primary, special1949
primary, election, or special election for candidates for that particular office shall be1950
entitled to vote therein, and only those votes cast for the persons designated as candidates1951
in such run-off primary, special primary runoff, run-off election, or special election1952
runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall1953
vote in a run-off primary or special primary runoff in violation of Code Section 21-2-224.1954
(b) For the purposes of this subsection, the word 'plurality' shall mean the receiving by one1955
candidate alone of the highest number of votes cast. If the municipal charter or ordinances1956
of a municipality as now existing or as amended subsequent to September 1, 1968, provide1957
that a candidate may be nominated or elected by a plurality of the votes cast to fill such1958
nomination or public office, such provision shall prevail. Otherwise, no municipal1959
candidate shall be nominated for public office in any primary or elected to public office in1960
any election unless such candidate shall have received a majority of the votes cast to fill1961
such nomination or public office.1962
(c) In instances in which no municipal candidate receives a majority of the votes cast and1963
the municipal charter or ordinances do not provide for nomination or election by a plurality1964
vote, a run-off primary or election shall be held between the candidates receiving the two1965
highest numbers of votes. Such runoff shall be held on the twenty-eighth day after the day1966
of holding the first primary or election, unless such run-off date is postponed by court1967
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order; provided, however, that, in the case of a runoff from a municipal special election that1968
is held in conjunction with a special election for a federal office and not in conjunction1969
with a general primary or general election, the municipality may conduct such runoff from1970
such municipal special election on the date of the special election runoff for the federal1971
office. Only the electors entitled to vote in the first primary or election shall be entitled to1972
vote in any run-off primary or election resulting therefrom; provided, however, that no. 1973
No elector shall vote in a run-off primary in violation of Code Section 21-2-216. The1974
run-off primary or election shall be a continuation of the first primary or election, and only1975
those votes cast for the candidates receiving the two highest numbers of votes in the first1976
primary or election shall be counted. No write-in votes may be cast in such a primary,1977
run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws,1978
dies, or is found to be ineligible, the remaining candidates receiving the two highest1979
numbers of votes shall be the candidates in such runoff. The municipal candidate receiving1980
the highest number of the votes cast in such run-off primary or run-off election to fill the1981
nomination or public office sought shall be declared the winner. The municipality shall1982
give written notice to the Secretary of State of such runoff as soon as such municipality1983
certifies the preceding primary, special primary, election, or special election.1984
(d) The name of a municipal write-in candidate eligible for election in a municipal runoff1985
shall be printed on the municipal run-off election ballot in the independent column.1986
(e) In all cities having a population in excess of 100,000 according to the United States1987
decennial census of 1980 or any future such census, in order for a municipal candidate to1988
be nominated for public office in any primary or elected to public office in any municipal1989
election, he or she must receive a majority of the votes cast.1990
(f) Except for presidential electors, to be elected to public office in a general election, a1991
candidate must receive a majority of the votes cast in an election to fill such public office. 1992
To be elected to the office of presidential electors, no slate of candidates shall be required1993
H. B. 1060
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to receive a majority of the votes cast, but that slate of candidates shall be elected to such
1994
office which receives the highest number of votes cast."1995
SECTION 52.1996
Said chapter is further amended by revising Code Section 21-2-540, relating to conduct of1997
special primaries and special elections generally, as follows:1998
"21-2-540.1999
(a)(1)
Every special primary and special election shall be held and conducted in all2000
respects in accordance with the provisions of this chapter relating to general primaries2001
and general elections; and the provisions of this chapter relating to general primaries and2002
general elections shall apply thereto insofar as practicable and as not inconsistent with2003
any other provisions of this chapter. All special primaries and special elections held at2004
the time of a general primary, as provided by Code Section 21-2-541, shall be conducted2005
by the poll officers by the use of the same equipment and facilities, insofar as practicable,2006
as are used for such general primary. All special primaries and special elections held at2007
the time of a general election, as provided by Code Section 21-2-541, shall be conducted2008
by the poll officers by the use of the same equipment and facilities, insofar so far as2009
practicable, as are used for such general election.2010
(2) If a vacancy occurs in a partisan office to which the Governor is authorized to2011
appoint an individual to serve until the next general election, a special primary shall2012
precede the special election.2013
(b) At least 29 days shall intervene between the call of a special primary and the holding2014
of same, and at least 29 days shall intervene between the call of a special election and the2015
holding of same. The period during which candidates may qualify to run in a special2016
primary or a special election shall remain open for a minimum of two and one-half days. 2017
Special primaries and special elections which are to be held in conjunction with the2018
presidential preference primary, a state-wide general primary, or state-wide general2019
H. B. 1060
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election shall be called at least 90 days prior to the date of such presidential preference
2020
primary, state-wide general primary, or state-wide general election; provided, however, that2021
this requirement shall not apply to special primaries and
special elections held on the same2022
date as such presidential preference primary, state-wide general primary, or state-wide2023
general election but conducted completely separate and apart from such state-wide general2024
primary or state-wide general election using different ballots or voting equipment,2025
facilities, poll workers, and paperwork. 2026
(c)(1) Notwithstanding any other provision of law to the contrary, a special primary or2027
special election to fill a vacancy in a county or municipal office shall be held only on one2028
of the following dates which is at least 29 days after the date of the call for the special2029
election:2030
(A) In odd-numbered years, any such special primary or special election shall only be2031
held on:2032
(i) The third Tuesday in March;2033
(ii) The third Tuesday in June;2034
(iii) The third Tuesday in September; or2035
(iv) The Tuesday after the first Monday in November; and2036
(B) In even-numbered years, any such special primary or special election shall only be2037
held on:2038
(i) The third Tuesday in March; provided, however, that in the event that a special2039
primary or special election is to be held under this provision in a year in which a2040
presidential preference primary is to be held, then any such special primary or special2041
election shall be held on the date of and in conjunction with the presidential2042
preference primary;2043
(ii) The date of the general primary; or2044
(iii) The Tuesday after the first Monday in November;2045
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provided, however, that, in the event that a special primary or special election to fill a2046
federal or state office on a date other than the dates provided in this paragraph has been2047
scheduled and it is possible to hold a special primary or special election to fill a vacancy2048
in a county, municipal, or school board office in conjunction with such special primary2049
or special election to fill a federal or state office, the special primary or special election2050
to fill such county, municipal, or school board office may be held on the date of and in2051
conjunction with such special primary or special election to fill such federal or state2052
office, provided all other provisions of law regarding such primaries and elections are2053
met.2054
(2) Notwithstanding any other provision of law to the contrary, a special election to2055
present a question to the voters shall be held only on one of the following dates which is2056
at least 29 days after the date of the call for the special election: 2057
(A) In odd-numbered years, any such special election shall only be held on the third2058
Tuesday in March or on the Tuesday after the first Monday in November; and2059
(B) In even-numbered years, any such special election shall only be held on: 2060
(i) The date of and in conjunction with the presidential preference primary if one is2061
held that year;2062
(ii) The third Tuesday in March; provided, however, that such special election shall2063
occur prior to July 1, 2024, and present a question to the voters on sales and use taxes2064
authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;2065
(iii) The date of the general primary; or2066
(iv)(iii) The Tuesday after the first Monday in November.2067
(3) The provisions of this subsection shall not apply to:2068
(A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,'2069
to recall a public officer or to fill a vacancy in a public office caused by a recall2070
election; and2071
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(B) Special primaries or special elections to fill vacancies in federal or state public
2072
offices.2073
(d) Except as otherwise provided by this chapter, the superintendent of each county or2074
municipality shall publish the call of the special primary or
special election.2075
(e)(1) Candidates in special elections for partisan offices that are not preceded by special2076
primaries shall be listed alphabetically on the ballot and may choose to designate on the2077
ballot their party affiliation. The party affiliation selected by a candidate shall not be2078
changed following the close of qualifying.2079
(2) Candidates in special primaries shall be listed alphabetically on the ballot."2080
SECTION 53.2081
Said chapter is further amended by revising subsection (b) of Code Section 21-2-541, relating2082
to holding of special primary or special election at time of general primary or general2083
election, as follows:2084
"(b) If the times specified for the closing of the registration list for a special primary or2085
special election are the same as those for a general primary or general election, the2086
candidates and questions in such special primary or special election shall be included on2087
the ballot for such general primary or general election. In such an instance, the name of2088
the office and the candidates in such special primary or special election shall appear on the2089
ballot in the position where such names would ordinarily appear if such contest was a2090
general primary or general election."2091
SECTION 54.2092
Said chapter is further amended by revising Code Section 21-2-542, relating to special2093
primary and special election for United States senator vacancy and temporary appointment2094
by Governor, as follows:2095
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"21-2-542.
2096
Whenever a vacancy shall occur in the representation of this state in the Senate of the2097
United States, such vacancy shall be filled for the unexpired term by the vote of the electors2098
of the state at a special primary to be held at the time of the next general primary followed
2099
by a special election to be held at the time of the next November state-wide general2100
election, occurring at least 40 days after the occurrence of such vacancy; and it shall be the2101
duty of the Governor to issue his or her proclamation for such special primary and special2102
election. Until such time as the vacancy shall be filled by an election as provided in this2103
Code section, the Governor may make a temporary appointment to fill such vacancy."2104
SECTION 55.2105
Said chapter is further amended by repealing Code Section 21-2-546, relating to filling chief2106
judge vacancies in civil and magistrate courts, in its entirety.2107
SECTION 56.2108
Said chapter is further amended by revising subsection (a) of Code Section 21-2-568, relating2109
to entry into voting compartment or booth while another voting, interfering with elector,2110
inducing elector to reveal or revealing elector's vote, and influencing voter while assisting,2111
as follows:2112
"(a) Any person who knowingly:2113
(1) Goes into the voting compartment or voting machine booth while another is voting2114
or marks the ballot or registers the vote for another, except in strict accordance with this2115
chapter;2116
(2) Interferes with any elector marking his or her ballot or registering his or her vote;2117
(3) Attempts to induce any elector before depositing his or her ballot to show how he or2118
she marks or has marked his or her ballot; or2119
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(4) Discloses to anyone how another elector voted, without said elector's consent, except
2120
when required to do so in any legal proceeding; or
2121
(5) Accepts an absentee ballot from an elector for delivery or return to the board of2122
registrars except as authorized by subsection (a) of Code Section 21-2-3852123
shall be guilty of a felony."2124
SECTION 57.2125
Said chapter is further amended by repealing Code Section 21-2-568.1, relating to intentional2126
observation of voting, and Code Section 21-2-568.2, relating to photographic and other2127
electronic monitoring of ballots prohibited, in their entirety.2128
SECTION 58.2129
Chapter 35 of Title 36 of the Official Code of Georgia Annotated, relating to home rule2130
powers, is amended by revising subsection (a) of Code Section 36-35-4.1, relating to2131
reapportionment of election districts for municipal elections, as follows:2132
"(a) Subject to the limitations provided by this Code section, the governing authority of2133
any municipal corporation is authorized to reapportion the election districts from which2134
members of the municipal governing authority are elected following publication of the2135
United States decennial census of 1980 or any future such census. Such reapportionment2136
of districts shall be effective for the election of members to the municipal governing2137
authority at the next regular general municipal election following the publication of the2138
decennial census; provided, however, that, if the publication of the decennial census occurs2139
within 120 days of the next general or special municipal election, such reapportionment of2140
districts shall be effective for any subsequent special election and the subsequent general2141
municipal election."2142
H. B. 1060
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SECTION 59.
2143
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended2144
by revising subsection (b) of Code Section 50-13-4, relating to procedural requirements for2145
adoption, amendment, or repeal of rules, emergency rules, limitation on action to contest2146
rule, and legislative override, as follows:2147
"(b) If any agency finds that an imminent peril to the public health, safety, or welfare,2148
including but not limited to, summary processes such as quarantines, contrabands, seizures,2149
and the like authorized by law without notice, requires adoption of a rule upon fewer than2150
30 days' notice and states in writing its reasons for that finding, it may proceed without2151
prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable2152
to adopt an emergency rule. Any such rule adopted relative to a public health emergency2153
shall be submitted as promptly as reasonably practicable to the House of Representatives2154
and Senate Committees on Judiciary, provided that any such rule adopted relative to a state
2155
of emergency by the State Election Board shall be submitted as soon as practicable but not2156
later than 20 days prior to the rule taking effect. Any emergency rule adopted by the State2157
Election Board pursuant to the provisions of this subsection may be suspended upon the2158
majority vote of the House of Representatives or Senate Committees on Judiciary within2159
ten days of the receipt of such rule by the committees. The rule may be effective for a2160
period of not longer than 120 days but the adoption of an identical rule under2161
paragraphs (1) and (2) of subsection (a) of this Code section is not precluded; provided,2162
however, that such a rule adopted pursuant to discharge of responsibility under an2163
executive order declaring a state of emergency or disaster exists as a result of a public2164
health emergency, as defined in Code Section 38-3-3, shall be effective for the duration of2165
the emergency or disaster and for a period of not more than 120 days thereafter."2166
H. B. 1060
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SECTION 60.
2167
Said title is further amended by repealing subsection (k) of Code Section 50-18-71, relating2168
to right of access, timing, fees, denial of requests, and impact of electronic records.2169
SECTION 61.2170
This Act shall become effective upon its approval by the Governor or upon its becoming law2171
without such approval.2172
SECTION 62.2173
All laws and parts of laws in conflict with this Act are repealed.2174
H. B. 1060
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