23 LC 47 1936
H. B. 17
- 1 -
House Bill 17
By: Representatives Powell of the 33
rd
, Leverett of the 123
rd
, DeLoach of the 167
th
, Smith of
the 18
th
, Jasperse of the 11
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
1
primaries and elections generally, so as to provide for the sealing of ballots in secure2
containers; to provide for chain of custody documentation and procedures; to provide for3
related matters; to provide for an effective date; to repeal conflicting laws; and for other4
purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and8
elections generally, is amended by revising subsection (c) of Code Section 21-2-382, relating9
to additional buildings as additional registrar's office or place of registration for receiving10
absentee ballots and for advance voting and drop boxes, as follows:11
"(c)(1) A board of registrars or absentee ballot clerk shall establish at least one drop box12
as a means for absentee by mail electors to deliver their ballots to the board of registrars13
or absentee ballot clerk. A board of registrars or absentee ballot clerk may establish14
additional drop boxes, subject to the limitations of this Code section, but may only15
establish additional drop boxes totaling the lesser of either one drop box for16 23 LC 47 1936
H. B. 17
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every 100,000 active registered voters in the county or the number of advance voting
17
locations in the county. Any additional drop boxes shall be evenly geographically18
distributed by population in the county. Drop boxes established pursuant to this Code19
section shall be established at the office of the board of registrars or absentee ballot clerk20
or inside locations at which advance voting, as set forth in subsection (d) of Code21
Section 21-2-385, is conducted in the applicable primary, election, or runoff and may be22
open during the hours of advance voting at that location. Such drop boxes shall be closed
23
locked when advance voting is not being conducted at that location. All drop boxes shall24
be closed locked when the advance voting period ends, as set forth in subsection (d) of25
Code Section 21-2-385. The drop box location shall have adequate lighting and be under26
constant surveillance by an election official or his or her designee, law enforcement27
official, or licensed security guard. During an emergency declared by the Governor28
pursuant to Code Section 38-3-51, drop boxes may be located outside the office of the29
board of registrars or absentee ballot clerk or outside of locations at which advance voting30
is taking place, subject to the other limitations of this Code section.31
(2) The opening slot of a drop box shall not allow ballots to be tampered with or32
removed and shall be designed to minimize the ability for liquid or other substances that33
may damage ballots to be poured into the drop box. A drop box shall be labeled34
"OFFICIAL ABSENTEE BALLOT DROP BOX" and shall clearly display the signage35
developed by the Secretary of State pertaining to Georgia law with regard to who is36
allowed to return absentee ballots and destroying, defacing, or delaying delivery of37
ballots.38
(3) The board of registrars or absentee ballot clerk shall arrange for the collecting and39
return of ballots deposited at each drop box at the conclusion of each day where advance40
voting takes place. Collection of ballots from a drop box shall be made by a team of at41
least two people. Any person collecting ballots from a drop box shall have sworn an oath42
in the same form as the oath for poll officers set forth in Code Section 21-2-95. The43 23 LC 47 1936
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collection team shall complete and sign a ballot transfer form as specified by the44
Secretary of State upon removing the ballots from the drop box which shall include the45
date, time, location, number of ballots, confirmation that the drop box was locked after46
the removal of the ballots, and the identity of each person collecting the ballots. The47
ballot transfer form shall also serve as an initial chain of custody document on which48
each person who takes possession of the ballots shall sign for such ballots. The ballots49
shall be placed in a locked transfer case upon being removed from the drop box. Such50
cases shall be sealed with a numbered seal, the number of which shall be recorded on a51
ballot transfer form which shall be signed by the collection team. The collection team52
shall then immediately transfer the ballots to the board of registrars or absentee ballot53
clerk, who shall process and store the ballots in the same manner as absentee ballots54
returned by mail are processed and stored. The board of registrars, absentee ballot clerk,55
or a designee of the board of registrars or absentee ballot clerk shall verify that the seal56
on the transfer case has not been broken or otherwise tampered with or compromised, and57
shall sign the ballot transfer form upon receipt of the ballots from the collection team and58
shall include the date and time of signature and verification as provided for under this59
provision. Such form shall be considered a public record pursuant to Code Section60
50-18-70.61
(4) At the beginning of voting at each advance location where a drop box is present, the62
manager of the advance voting location shall open the drop box and confirm on the63
reconciliation form for that advance voting location that the drop box is empty. If the64
drop box is not empty, the manager shall secure the contents of the drop box and65
immediately inform the election superintendent, board of registrars, or absentee ballot66
clerk, who shall inform the Secretary of State."67 23 LC 47 1936
H. B. 17
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SECTION 2.
68
Said chapter is further amended by revising Code Section 21-2-386, relating to safekeeping,69
certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to70
location designated by superintendent, duties of superintendent and managers, precinct71
returns, report of returns of verified and accepted absentee ballots cast as soon as possible72
following closing of polls, notification of challenged elector, and unlawful disclosure of73
tabulation results, as follows:74
"21-2-386.75
(a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely, unopened,76
and stored in a manner that will prevent tampering and unauthorized access to and shall
77
document the chain of custody of all official absentee ballots received from absentee78
electors prior to the closing of the polls on the day of the primary or election except as79
otherwise provided in this subsection.80
(B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the81
receipt of the ballot on its envelope. The registrar or clerk shall then compare the82
number of the elector's Georgia driver's license number or state identification card83
issued pursuant to Article 5 of Chapter 5 of Title 40 and date of birth entered on the84
absentee ballot envelope with the same information contained in the elector's voter85
registration records. If the elector has affirmed on the envelope that he or she does not86
have a Georgia driver's license or state identification card issued pursuant to Article 587
of Chapter 5 of Title 40, the registrar or clerk shall compare the last four digits of the88
elector's social security number and date of birth entered on the envelope with the same89
information contained in the elector's voter registration records. The registrar or clerk90
shall also confirm that the elector signed the oath and the person assisting the elector,91
if any, signed the required oath. If the elector has signed the elector's oath, the person92
assisting has signed the required oath, if applicable, and the identifying information93
entered on the absentee ballot envelope matches the same information contained in the94 23 LC 47 1936
H. B. 17
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elector's voter registration record, the registrar or clerk shall so certify by signing or
95
initialing his or her name below the voter's oath. Each elector's name so certified shall96
be listed by the registrar or clerk on the numbered list of absentee voters prepared for97
his or her precinct. All accepted absentee ballots shall be securely stored in a sealed
98
container that will prevent tampering or unauthorized access prior to the scanning such99
ballots.100
(C) If the elector has failed to sign the oath, or if the identifying information entered101
on the absentee ballot envelope does not match the same information appearing in the102
elector's voter registration record, or if the elector has failed to furnish required103
information or information so furnished does not conform with that on file in the104
registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the105
registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason106
therefor. The board of registrars or absentee ballot clerk shall promptly notify the107
elector of such rejection, a copy of which notification shall be retained in the files of108
the board of registrars or absentee ballot clerk for at least two years. Such elector shall109
have until the end of the period for verifying provisional ballots contained in110
subsection (c) of Code Section 21-2-419 to cure the problem resulting in the rejection111
of the ballot. The elector may cure a failure to sign the oath, nonmatching identifying112
information, or missing information by submitting an affidavit to the board of registrars113
or absentee ballot clerk along with a copy of one of the forms of identification114
enumerated in subsection (c) of Code Section 21-2-417 before the close of such period.115
The affidavit shall affirm that the ballot was submitted by the elector, is the elector's116
ballot, and that the elector is registered and qualified to vote in the primary, election,117
or runoff in question. If the board of registrars or absentee ballot clerk finds the118
affidavit and identification to be sufficient, the absentee ballot shall be counted.119
(D) An elector who registered to vote by mail, but did not comply with subsection (c)120
of Code Section 21-2-220, and who votes for the first time in this state by absentee121 23 LC 47 1936
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ballot shall include with his or her application for an absentee ballot or in the outer oath
122
envelope of his or her absentee ballot either one of the forms of identification listed in123
subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank124
statement, government check, paycheck, or other government document that shows the125
name and address of such elector. If such elector does not provide any of the forms of126
identification listed in this subparagraph with his or her application for an absentee127
ballot or with the absentee ballot, such absentee ballot shall be deemed to be a128
provisional ballot and such ballot shall only be counted if the registrars are able to129
verify current and valid identification of the elector as provided in this subparagraph130
within the time period for verifying provisional ballots pursuant to Code131
Section 21-2-419. The board of registrars or absentee ballot clerk shall promptly notify132
the elector that such ballot is deemed a provisional ballot and shall provide information133
on the types of identification needed and how and when such identification is to be134
submitted to the board of registrars or absentee ballot clerk to verify the ballot.135
(E) Three copies of the numbered list of voters shall also be prepared for such rejected136
absentee electors, giving the name of the elector and the reason for the rejection in each137
case. Three copies of the numbered list of certified absentee voters and three copies of138
the numbered list of rejected absentee voters for each precinct shall be turned over to139
the poll manager in charge of counting the absentee ballots and shall be distributed as140
required by law for numbered lists of voters.141
(F) All absentee ballots returned to the board or absentee ballot clerk after the closing142
of the polls on the day of the primary or election shall be safely kept unopened by the143
board or absentee ballot clerk and then transferred to the appropriate clerk with the
144
chain of custody documents provided for in subparagraph (a)(1)(A) of this Code section145
for storage in a manner that will prevent tampering for the period of time required for146
the preservation of ballots used at the primary or election and shall then, without being147
opened, be destroyed in like manner as the used ballots of the primary or election. The148 23 LC 47 1936
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board of registrars or absentee ballot clerk shall promptly notify the elector by
149
first-class mail that the elector's ballot was returned too late to be counted and that the150
elector will not receive credit for voting in the primary or election. All such late151
absentee ballots shall be delivered to the appropriate clerk and stored as provided in152
Code Section 21-2-390.153
(G) Notwithstanding any provision of this chapter to the contrary, until the United154
States Department of Defense notifies the Secretary of State that the Department of155
Defense has implemented a system of expedited absentee voting for those electors156
covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by157
eligible absentee electors who reside outside the county or municipality in which the158
primary, election, or runoff is held and are members of the armed forces of the United159
States, members of the merchant marine of the United States, spouses or dependents of160
members of the armed forces or merchant marine residing with or accompanying such161
members, or overseas citizens that are postmarked by the date of such primary, election,162
or runoff and are received within the three-day period following such primary, election,163
or runoff, if proper in all other respects, shall be valid ballots and shall be counted and164
included in the certified election results.165
(2)(A) Beginning at 8:00 A.M. on the third Monday prior to the day of the primary,166
election, or runoff, the election superintendent shall be authorized to open the outer oath167
envelope of absentee ballots that have been verified and accepted pursuant to168
subparagraph (a)(1)(B) of this Code section, remove the contents of such outer169
envelope, open the inner envelope marked 'Official Absentee Ballot,' and scan the170
absentee ballot using one or more ballot scanners. At least three persons who are171
registrars, deputy registrars, poll workers, or absentee ballot clerks must
shall be present172
before commencing; and three persons who are registrars, deputy registrars, or absentee173
ballot clerks shall be present at all times while the sealed containers containing verified174
and accepted absentee ballots are unsealed and verified for integrity, while the absentee175 23 LC 47 1936
H. B. 17
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ballot envelopes are being opened, and while the absentee ballots are being scanned.176
However, no person shall tally, tabulate, estimate, or attempt to tally, tabulate, or177
estimate or cause the ballot scanner or any other equipment to produce any tally or178
tabulate, partial or otherwise, of the absentee ballots cast until the time for the closing179
of the polls on the day of the primary, election, or runoff except as provided in this180
Code section. Prior to beginning the process set forth in this paragraph, the181
superintendent shall provide written notice to the Secretary of State in writing at least182
seven days prior to processing and scanning absentee ballots. Such notice shall contain183
the dates, start and end times, and location or locations where absentee ballots will be184
processed and scanned. The superintendent shall also post such notice publicly in a185
prominent location in the superintendent's office and on the home page of the county186
election superintendent's website, if the county election superintendent maintains such187
a website. The Secretary of State shall publish on his or her website the information188
he or she receives from superintendents stating the dates, times, and locations where189
absentee ballots will be processed.190
(B) The proceedings set forth in this paragraph shall be open to the view of the public,191
but no person except one employed and designated by the superintendent shall touch192
any ballot or ballot container. Any person involved in processing and scanning193
absentee ballots shall swear an oath, in the same form as the oath for poll officers194
provided in Code Section 21-2-95, prior to beginning the processing and scanning of195
absentee ballots. The county executive committee or, if there is no organized county196
executive committee, the state executive committee of each political party and political197
body having candidates whose names appear on the ballot for such election shall have198
the right to designate two persons and each independent and nonpartisan candidate199
whose name appears on the ballot for such election shall have the right to designate one200
person to act as monitors for such process. In the event that the only issue to be voted201
upon in an election is a referendum question, the superintendent shall also notify in202 23 LC 47 1936
H. B. 17
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writing the chief judge of the superior court of the county who shall appoint two
203
electors of the county to monitor such process. While viewing or monitoring the204
process set forth in this paragraph, monitors and observers shall be prohibited from:205
(i) In any way interfering with the processing or scanning of absentee ballots or the206
conduct of the election;207
(ii) Using or bringing into the room any photographic or other electronic monitoring208
or recording devices, cellular telephones, or computers;209
(iii) Engaging in any form of campaigning or campaign activity;210
(iv) Taking any action that endangers the secrecy and security of the ballots;211
(v) Touching any ballot or ballot container;212
(vi) Tallying, tabulating, estimating, or attempting to tally, tabulate, or estimate,213
whether partial or otherwise, any of the votes on the absentee ballots cast; and214
(vii) Communicating any information that they see while monitoring the processing215
and scanning of the absentee ballots, whether intentionally or inadvertently, about any216
ballot, vote, or selection to anyone other than an election official who needs such217
information to lawfully carry out his or her official duties.218
(C) The State Election Board shall promulgate rules requiring reconciliation219
procedures; prompt and undelayed scanning of ballots after absentee ballot envelopes220
are opened; secrecy of election results prior to the closing of the polls on the day of a221
primary, election, or runoff; and other protections to protect the integrity of the process222
set forth in this paragraph.223
(D) At the conclusion of the scanning of ballots, such scanned ballots shall be stored
224
in tamper-resistant containers sealed with numbered seals, the number of which shall225
be recorded on the chain of custody document specified by the Secretary of State, and226
such forms shall be signed by the person storing the ballots and the date and time of227
storage shall be entered on such forms.228 23 LC 47 1936
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(3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on the
229
day of the primary, election, or runoff begin tabulating the absentee ballots. If the county230
election superintendent chooses to open the inner envelopes and begin tabulating such231
ballots prior to the close of the polls on the day of the primary, election, or runoff, the232
superintendent shall notify in writing, at least seven days prior to the primary, election,233
or runoff, the Secretary of State of the superintendent's intent to begin the absentee ballot234
tabulation prior to the close of the polls. The county executive committee or, if there is235
no organized county executive committee, the state executive committee of each political236
party and political body having candidates whose names appear on the ballot for such237
election in such county shall have the right to designate two persons and each238
independent and nonpartisan candidate whose name appears on the ballot for such239
election in such county shall have the right to designate one person to act as monitors for240
such process. In the event that the only issue to be voted upon in an election is a241
referendum question, the superintendent shall also notify in writing the chief judge of the242
superior court of the county who shall appoint two electors of the county to monitor such243
process.244
(4) The county election superintendent shall publish a written notice in the245
superintendent's office of the superintendent's intent to begin the absentee ballot246
tabulation prior to the close of the polls and publish such notice at least one week prior247
to the primary, election, or runoff in the legal organ of the county.248
(5) The process for opening absentee ballot envelopes, scanning absentee ballots, and249
tabulating absentee ballots on the day of a primary, election, or runoff as provided in this250
subsection shall be conducted in a manner to maintain the secrecy of all ballots and to251
protect the disclosure of any balloting information before 7:00 P.M. on election day. No252
absentee ballots shall be tabulated before 7:00 A.M. on the day of a primary, election, or253
runoff.254 23 LC 47 1936
H. B. 17
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(6) All persons conducting the tabulation of absentee ballots during the day of a primary,
255
election, or runoff, including the vote review panel required by Code Section 21-2-483,256
and all monitors and observers shall be sequestered until the time for the closing of the257
polls. All such persons shall have no contact with the news media; shall have no contact258
with other persons not involved in monitoring, observing, or conducting the tabulation;259
shall not use any type of communication device including radios, telephones, and cellular260
telephones; shall not utilize computers for the purpose of email, instant messaging, or261
other forms of communication; and shall not communicate any information concerning262
the tabulation until the time for the closing of the polls; provided, however, that263
supervisory and technical assistance personnel shall be permitted to enter and leave the264
area in which the tabulation is being conducted but shall not communicate any265
information concerning the tabulation to anyone other than the county election266
superintendent; the staff of the superintendent; those persons conducting, observing, or267
monitoring the tabulation; and those persons whose technical assistance is needed for the268
tabulation process to operate.269
(7) The absentee ballots shall be tabulated in accordance with the procedures of this270
chapter for the tabulation of absentee ballots. As such ballots are tabulated, they shall be271
placed into locked ballot boxes and may be transferred to locked ballot bags, if needed,272
for security. Such boxes or bags shall be sealed and witnessed and verified by each
273
person taking custody of such items by each such person's signature and date and time274
of taking custody. The persons conducting the tabulation of the absentee ballots shall not275
cause the tabulating equipment to produce any count, partial or otherwise, of the absentee276
votes cast until the time for the closing of the polls except as otherwise provided in this277
Code section.278
(b) When requested by the superintendent, but not earlier than the third Monday prior to279
a primary, election, or runoff, a registrar or absentee ballot clerk shall deliver the official280
absentee ballot of each certified absentee elector, each rejected absentee ballot, applications281 23 LC 47 1936
H. B. 17
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for such ballots, and copies of the numbered lists of certified and rejected absentee electors
282
to the location designated by the superintendent in secure, sealed containers with the chain
283
of custody documents as specified by the Secretary of State and the signature and date and284
time of the person taking custody, and the superintendent or official receiving such285
absentee ballots shall issue his or her receipt therefor.286
(c) The superintendent shall cause the verified and accepted absentee ballots to be opened287
and tabulated as provided in this Code section. A manager shall then open the outer288
envelope in such manner as not to destroy the oath printed thereon and shall deposit the289
inner envelope marked 'Official Absentee Ballot' in a secure, sealed ballot box reserved for290
absentee ballots with an accompanying chain of custody documentation. In the event that291
an outer envelope is found to contain an absentee ballot that is not in an inner envelope, the292
ballot shall be sealed in an inner envelope, initialed and dated by the person sealing the293
inner envelope, and deposited in the ballot box and counted in the same manner as other294
absentee ballots, provided that such ballot is otherwise proper. Such manager with two295
assistant managers, appointed by the superintendent, with such clerks as the manager296
deems necessary shall count the absentee ballots following the procedures prescribed by297
this chapter for other ballots, insofar as practicable.298
(d) All absentee ballots shall be counted and tabulated in such a manner that returns may299
be reported by precinct; and separate returns shall be made for each precinct in which300
absentee ballots were cast showing the results by each precinct in which the electors reside.301
The superintendent shall utilize the procedures set forth in this Code section to ensure that302
the returns of verified and accepted absentee ballots cast are reported to the public as soon303
as possible following the closing of the polls on the day of the primary, election, or runoff.304
Failure to utilize these procedures to ensure that the returns of verified and accepted305
absentee ballots are reported as soon as possible following the close of polls shall subject306
the superintendent to sanctions by the State Election Board. If a superintendent fails to307
report the returns of verified and accepted absentee ballots by the day following the308 23 LC 47 1936
H. B. 17
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election at 5:00 P.M., the State Election Board may convene an independent performance
309
review board pursuant to Code Section 21-2-107.310
(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall311
write 'Challenged,' the elector's name, and the alleged cause of challenge on the outer312
envelope and shall deposit the ballot in a secure, sealed ballot box for which there shall be
313
a chain of custody document as specified by the Secretary of State on which is recorded314
and witnessed the name and signature of each person taking custody of such ballots; and315
it shall be counted as other challenged ballots are counted. Where direct recording316
electronic voting systems are used for absentee balloting and a challenge to an elector's317
right to vote is made prior to the time that the elector votes, the elector shall vote on a paper318
or optical scanning ballot and such ballot shall be handled as provided in this subsection.319
The board of registrars or absentee ballot clerk shall promptly notify the elector of such320
challenge.321
(f) It shall be unlawful at any time prior to the close of the polls for any person to disclose322
or for any person to receive any information regarding the results of the tabulation of323
absentee ballots except as expressly provided by law."324
SECTION 3.325
Said chapter is further amended by revising subsection (a) of Code Section 21-2-419, relating326
to validation of provisional ballots and reporting to Secretary of State, as follows:327
"(a) A person shall cast a provisional ballot on the same type of ballot that is utilized by328
the county or municipality. Such provisional ballot shall be sealed in double envelopes as329
provided in Code Section 21-2-384 and shall be deposited by the person casting such ballot330
in a secure, sealed ballot box for which the number of the seal shall be recorded and331
witnessed on a chain of custody document as specified by the Secretary of State and the332
name and signature of the person or persons having custody of such ballots shall also be333 23 LC 47 1936
H. B. 17
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documented on such form. Such form shall remain with such ballots until such ballots are334
destroyed in accordance with law."335
SECTION 4.336
Said chapter is further amended by revising subsection (a) of Code Section 21-2-420, relating337
to procedure for counting and tabulation of votes, and by adding a new subsection to read as338
follows:339
"(a) After the time for the closing of the polls and the last elector voting, the poll officials340
in each precinct shall complete the required accounting and related documentation for the341
precinct and shall advise the election superintendent of the total number of ballots cast at342
such precinct and the total number of provisional ballots cast. The chief manager and at343
least one assistant manager shall post a copy of the tabulated results for the precinct on the344
door of the precinct and then immediately deliver all required documentation and election345
materials to the election superintendent in sealed containers accompanied by chain of346
custody documentation on which are recorded and witnessed the names and signatures of347
each person having custody of such ballots. The Upon receipt of such ballots, the election348
superintendent shall verify that the containers are sealed and contain the appropriate chain349
of custody documentation. The election superintendent shall then ensure that such ballots350
are processed, counted, and tabulated as soon as possible and shall not cease such count351
and tabulation until all such ballots are counted and tabulated."352
"(c) No ballots shall be handled without a poll official being present and without353
documentation on the chain of custody documentation of who is handling such ballots and354
when and why such ballots are being handled. After the activity requiring the handling of355
ballots is completed, such ballots shall be resealed in ballot boxes or other secure356
containers with numbered seals, the numbers of which shall be recorded and witnessed on357
chain of custody documentation as specified by the Secretary of State and shall be signed358 23 LC 47 1936
H. B. 17
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by the persons having custody of such ballots. Such chain of custody documentation shall359
remain with the ballots until such ballots are destroyed in accordance with law."360
SECTION 5.361
This Act shall become effective upon its approval by the Governor or upon its becoming law362
without such approval.363
SECTION 6.364
All laws and parts of laws in conflict with this Act are repealed.365