23 LC 47 2167S
H. B. 17 (SUB)
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The House Committee on Governmental Affairs offers the following substitute to HB 17:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to1
primaries and elections generally, so as to revise provisions as to notice of logic and accuracy2
testing of electronic ballot markers; to provide for the sealing of ballots in secure containers;3
to provide for chain of custody documentation and procedures; to provide that during the4
period of advance voting that absentee ballots are issued and mailed to qualified applicants5
for mail-in absentee ballots; to provide for related matters; to provide for an effective date;6
to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and10
elections generally, is amended by revising subsection (c) of Code Section 21-2-379.25,11
relating to programming for ballot design and style, verification, appointment of custodians,12
role of custodians, testing of electronic ballot marker, and public notice of testing, as follows:13
"(c) On or before the third day preceding a primary or election, including special primaries,14
special elections, and referendum elections, the superintendent shall have each electronic15
ballot marker tested to ascertain that it will correctly record the votes cast for all offices and16 23 LC 47 2167S
H. B. 17 (SUB)
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on all questions and produce a ballot reflecting such choices of the elector in a manner that17
the State Election Board shall prescribe by rule or regulation. Public notice of the time and18
place of the test shall be made at least five days prior thereto. The superintendent of each19
county or municipality shall publish such notice on the homepage of the county's or20
municipality's publicly accessible website associated with elections, if the county or21
municipality maintains a publicly accessible website, and or in a newspaper of general22
circulation in the county or municipality and by posting in a prominent location in the23
county or municipality. Such notice shall state the date, time, and place or places where24
preparation and testing of the voting system components for use in the primary or election25
will commence, that such preparation and testing shall continue from day to day until26
complete, and that representatives of political parties and bodies, news media, and the27
public shall be permitted to observe such tests. The superintendent of the county or28
municipality shall also provide such notice to the Secretary of State who shall publish on29
his or her website the information received from superintendents stating the dates, times,30
and locations for preparation and testing of voting system components. However, such31
representatives of political parties and bodies, news media, and the public shall not in any32
manner interfere with the preparation and testing of voting system components. The33
advertisement If notice is made in the a newspaper of general circulation, such notice shall34
be prominently displayed, shall not be less than 30 square inches, and shall not be placed35
in the section of the newspaper where legal notices appear."36
SECTION 2.37
Said chapter is further amended by revising subsection (c) of Code Section 21-2-382, relating38
to additional buildings as additional registrar's office or place of registration for receiving39
absentee ballots and for advance voting and drop boxes, as follows:40
"(c)(1) A board of registrars or absentee ballot clerk shall establish at least one drop box41
as a means for absentee by mail electors to deliver their ballots to the board of registrars42 23 LC 47 2167S
H. B. 17 (SUB)
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or absentee ballot clerk. A board of registrars or absentee ballot clerk may establish43
additional drop boxes, subject to the limitations of this Code section, but may only44
establish additional drop boxes totaling the lesser of either one drop box for45
every 100,000 active registered voters in the county or the number of advance voting46
locations in the county. Any additional drop boxes shall be evenly geographically47
distributed by population in the county. Drop boxes established pursuant to this Code48
section shall be established at the office of the board of registrars or absentee ballot clerk49
or inside locations at which advance voting, as set forth in subsection (d) of Code50
Section 21-2-385, is conducted in the applicable primary, election, or runoff and may be51
open during the hours of advance voting at that location. Such drop boxes shall be closed52
in a manner that prevents the insertion of ballots when advance voting is not being53
conducted at that location. All drop boxes shall be closed in a manner that prevents the54
insertion of ballots when the advance voting period ends, as set forth in subsection (d) of55
Code Section 21-2-385. The drop box location shall have adequate lighting and be under56
constant surveillance by an election official or his or her designee, law enforcement57
official, or licensed security guard. During an emergency declared by the Governor58
pursuant to Code Section 38-3-51, drop boxes may be located outside the office of the59
board of registrars or absentee ballot clerk or outside of locations at which advance voting60
is taking place, subject to the other limitations of this Code section.61
(2) The opening slot of a drop box shall not allow ballots to be tampered with or62
removed and shall be designed to minimize the ability for liquid or other substances that63
may damage ballots to be poured into the drop box. A drop box shall be labeled64
"OFFICIAL ABSENTEE BALLOT DROP BOX" and shall clearly display the signage65
developed by the Secretary of State pertaining to Georgia law with regard to who is66
allowed to return absentee ballots and destroying, defacing, or delaying delivery of67
ballots.68 23 LC 47 2167S
H. B. 17 (SUB)
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(3) The board of registrars or absentee ballot clerk shall arrange for the collecting and69
return of ballots deposited at each drop box at the conclusion of each day where advance70
voting takes place. Collection of ballots from a drop box shall be made by a team of at71
least two people. Any person collecting ballots from a drop box shall have sworn an oath72
in the same form as the oath for poll officers set forth in Code Section 21-2-95. The73
collection team shall complete and sign a ballot transfer form as specified by the74
Secretary of State upon removing the ballots from the drop box which shall include the75
date, time, location, number of ballots, confirmation that the drop box was locked after76
the removal of the ballots, and the identity of each person collecting the ballots. The77
ballot transfer form shall also serve as an initial chain of custody document on which78
each person who takes possession of the ballots shall sign for such ballots. The ballots79
shall be placed in a locked transfer case upon being removed from the drop box. Such80
cases shall be sealed with a numbered seal, the number of which shall be recorded on a81
ballot transfer form which shall be signed by the collection team. The collection team82
shall then immediately transfer the ballots to the board of registrars or absentee ballot83
clerk, who shall process and store the ballots in the same manner as absentee ballots84
returned by mail are processed and stored. The board of registrars, absentee ballot clerk,85
or a designee of the board of registrars or absentee ballot clerk shall verify that the seal86
on the transfer case has not been broken or otherwise tampered with or compromised, and87
shall sign the ballot transfer form upon receipt of the ballots from the collection team and88
shall include the date and time of signature and verification as provided for under this89
provision. Such form shall be considered a public record pursuant to Code90
Section 50-18-70.91
(4) At the beginning of voting at each advance location where a drop box is present, the92
manager of the advance voting location shall open the drop box and confirm on the93
reconciliation form for that advance voting location that the drop box is empty. If the94
drop box is not empty, the manager shall secure the contents of the drop box and95 23 LC 47 2167S
H. B. 17 (SUB)
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immediately inform the election superintendent, board of registrars, or absentee ballot96
clerk, who shall inform the Secretary of State."97
SECTION 3.98
Said chapter is further amended by revising paragraph (2) of subsection (a) of Code99
Section 21-2-384, relating to preparation and delivery of supplies, mailing of ballots, oath100
of absentee electors and persons assisting absentee electors, master list of ballots sent,101
challenges, special absentee run-off ballots, and electronic transmission of ballots, as follows:102
"(2) The board of registrars or absentee ballot clerk shall mail or issue official absentee103
ballots to all eligible applicants not more than 29 days but not less than 25 days prior to104
any presidential preference primary, general primary other than a municipal general105
primary, general election other than a municipal general election, or special primary or106
special election in which there is a candidate for a federal office on the ballot; 22 days107
prior to any municipal general primary or municipal general election; and as soon as108
possible prior to any runoff. In the case of all other special primaries or special elections,109
the board of registrars or absentee ballot clerk shall mail or issue official absentee ballots110
to all eligible applicants within three days after the receipt of such ballots and supplies,111
but no earlier than 22 days prior to the election; provided, however, that official absentee112
ballots shall be issued to any elector of the jurisdiction who is entitled to vote by absentee113
ballot under the federal Uniformed and Overseas Citizen Absentee Voting Act, 52 U.S.C.114
Section 20301, et seq., as amended, beginning 49 days prior to a federal primary or115
election and not later than 45 days prior to a federal primary or election. As additional116
applicants who submitted timely applications for an absentee ballot are determined to be117
eligible, the board or clerk shall mail or issue official absentee ballots to such additional118
applicants immediately upon determining their eligibility. For all timely received119
applications for absentee ballots, the board of registrars or absentee ballot clerk shall mail120
or issue absentee ballots, provisional absentee ballots, and notices of rejection as soon as121 23 LC 47 2167S
H. B. 17 (SUB)
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possible upon determining their eligibility within the time periods set forth in this122
subsection. During the period for advance voting set forth in Code Section 21-2-385, the123
board of registrars or absentee ballot clerk shall make such determinations and mail or124
issue absentee ballots, provisional absentee ballots, and notices of rejection of application125
within three days after receiving a timely application for an absentee ballot; provided,126
however, that for mail-in absentee ballot requests, absentee ballots shall be issued and127
mailed to qualified applicant within such time period. The board of registrars or absentee128
ballot clerk shall, within the time periods specified in this subsection, electronically129
transmit official absentee ballots to all electors who have requested to receive their130
official absentee ballot electronically and are entitled to vote such absentee ballot under131
the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.132
Section 20301, et seq., as amended."133
SECTION 4.134
Said chapter is further amended by revising Code Section 21-2-386, relating to safekeeping,135
certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to136
location designated by superintendent, duties of superintendent and managers, precinct137
returns, report of returns of verified and accepted absentee ballots cast as soon as possible138
following closing of polls, notification of challenged elector, and unlawful disclosure of139
tabulation results, as follows:140
"21-2-386.141
(a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely, unopened,142
and stored in a manner that will prevent tampering and unauthorized access to and shall143
document authorized access to all official absentee ballots received from absentee144
electors prior to the closing of the polls on the day of the primary or election except as145
otherwise provided in this subsection.146 23 LC 47 2167S
H. B. 17 (SUB)
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(B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the147
receipt of the ballot on its envelope. The registrar or clerk shall then compare the148
number of the elector's Georgia driver's license number or state identification card149
issued pursuant to Article 5 of Chapter 5 of Title 40 and date of birth entered on the150
absentee ballot envelope with the same information contained in the elector's voter151
registration records. If the elector has affirmed on the envelope that he or she does not152
have a Georgia driver's license or state identification card issued pursuant to Article 5153
of Chapter 5 of Title 40, the registrar or clerk shall compare the last four digits of the154
elector's social security number and date of birth entered on the envelope with the same155
information contained in the elector's voter registration records. The registrar or clerk156
shall also confirm that the elector signed the oath and the person assisting the elector,157
if any, signed the required oath. If the elector has signed the elector's oath, the person158
assisting has signed the required oath, if applicable, and the identifying information159
entered on the absentee ballot envelope matches the same information contained in the160
elector's voter registration record, the registrar or clerk shall so certify by signing or161
initialing his or her name below the voter's oath. Each elector's name so certified shall162
be listed by the registrar or clerk on the numbered list of absentee voters prepared for163
his or her precinct. All accepted absentee ballots shall be securely stored in either a164
sealed container or appropriately secured in an access controlled room that will prevent165
tampering or unauthorized access prior to the scanning of such ballots.166
(C) If the elector has failed to sign the oath, or if the identifying information entered167
on the absentee ballot envelope does not match the same information appearing in the168
elector's voter registration record, or if the elector has failed to furnish required169
information or information so furnished does not conform with that on file in the170
registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the171
registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason172
therefor. The board of registrars or absentee ballot clerk shall promptly notify the173 23 LC 47 2167S
H. B. 17 (SUB)
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elector of such rejection, a copy of which notification shall be retained in the files of174
the board of registrars or absentee ballot clerk for at least two years. Such elector shall175
have until the end of the period for verifying provisional ballots contained in176
subsection (c) of Code Section 21-2-419 to cure the problem resulting in the rejection177
of the ballot. The elector may cure a failure to sign the oath, nonmatching identifying178
information, or missing information by submitting an affidavit to the board of registrars179
or absentee ballot clerk along with a copy of one of the forms of identification180
enumerated in subsection (c) of Code Section 21-2-417 before the close of such period.181
The affidavit shall affirm that the ballot was submitted by the elector, is the elector's182
ballot, and that the elector is registered and qualified to vote in the primary, election,183
or runoff in question. If the board of registrars or absentee ballot clerk finds the184
affidavit and identification to be sufficient, the absentee ballot shall be counted.185
(D) An elector who registered to vote by mail, but did not comply with subsection (c)186
of Code Section 21-2-220, and who votes for the first time in this state by absentee187
ballot shall include with his or her application for an absentee ballot or in the outer oath188
envelope of his or her absentee ballot either one of the forms of identification listed in189
subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank190
statement, government check, paycheck, or other government document that shows the191
name and address of such elector. If such elector does not provide any of the forms of192
identification listed in this subparagraph with his or her application for an absentee193
ballot or with the absentee ballot, such absentee ballot shall be deemed to be a194
provisional ballot and such ballot shall only be counted if the registrars are able to195
verify current and valid identification of the elector as provided in this subparagraph196
within the time period for verifying provisional ballots pursuant to Code197
Section 21-2-419. The board of registrars or absentee ballot clerk shall promptly notify198
the elector that such ballot is deemed a provisional ballot and shall provide information199 23 LC 47 2167S
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on the types of identification needed and how and when such identification is to be200
submitted to the board of registrars or absentee ballot clerk to verify the ballot.201
(E) Three copies of the numbered list of voters shall also be prepared for such rejected202
absentee electors, giving the name of the elector and the reason for the rejection in each203
case. Three copies of the numbered list of certified absentee voters and three copies of204
the numbered list of rejected absentee voters for each precinct shall be turned over to205
the poll manager in charge of counting the absentee ballots and shall be distributed as206
required by law for numbered lists of voters.207
(F) All absentee ballots returned to the board or absentee ballot clerk after the closing208
of the polls on the day of the primary or election shall be safely kept unopened by the209
board or absentee ballot clerk and then transferred to the appropriate clerk with the210
documentation provided for in subparagraph (a)(1)(A) of this Code section for storage211
in a manner that will prevent tampering for the period of time required for the212
preservation of ballots used at the primary or election and shall then, without being213
opened, be destroyed in like manner as the used ballots of the primary or election. The214
board of registrars or absentee ballot clerk shall promptly notify the elector by215
first-class mail that the elector's ballot was returned too late to be counted and that the216
elector will not receive credit for voting in the primary or election. All such late217
absentee ballots shall be delivered to the appropriate clerk and stored as provided in218
Code Section 21-2-390.219
(G) Notwithstanding any provision of this chapter to the contrary, until the United220
States Department of Defense notifies the Secretary of State that the Department of221
Defense has implemented a system of expedited absentee voting for those electors222
covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by223
eligible absentee electors who reside outside the county or municipality in which the224
primary, election, or runoff is held and are members of the armed forces of the United225
States, members of the merchant marine of the United States, spouses or dependents of226 23 LC 47 2167S
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members of the armed forces or merchant marine residing with or accompanying such227
members, or overseas citizens that are postmarked by the date of such primary, election,228
or runoff and are received within the three-day period following such primary, election,229
or runoff, if proper in all other respects, shall be valid ballots and shall be counted and230
included in the certified election results.231
(2)(A) Beginning at 8:00 A.M. on the third Monday prior to the day of the primary,232
election, or runoff, the election superintendent shall be authorized to open the outer oath233
envelope of absentee ballots that have been verified and accepted pursuant to234
subparagraph (a)(1)(B) of this Code section, remove the contents of such outer235
envelope, open the inner envelope marked 'Official Absentee Ballot,' and scan the236
absentee ballot using one or more ballot scanners. At least three persons who are237
registrars, deputy registrars, poll workers, or absentee ballot clerks must shall be present238
before commencing; and three persons who are registrars, deputy registrars, or absentee239
ballot clerks shall be present at all times while the sealed containers containing verified240
and accepted absentee ballots are unsealed and verified for integrity, while the absentee241
ballot envelopes are being opened, and while the absentee ballots are being scanned.242
However, no person shall tally, tabulate, estimate, or attempt to tally, tabulate, or243
estimate or cause the ballot scanner or any other equipment to produce any tally or244
tabulate, partial or otherwise, of the absentee ballots cast until the time for the closing245
of the polls on the day of the primary, election, or runoff except as provided in this246
Code section. Prior to beginning the process set forth in this paragraph, the247
superintendent shall provide written notice to the Secretary of State in writing at least248
seven days prior to processing and scanning absentee ballots. Such notice shall contain249
the dates, start and end times, and location or locations where absentee ballots will be250
processed and scanned. The superintendent shall also post such notice publicly in a251
prominent location in the superintendent's office and on the home page of the county252
election superintendent's website, if the county election superintendent maintains such253 23 LC 47 2167S
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a website. The Secretary of State shall publish on his or her website the information254
he or she receives from superintendents stating the dates, times, and locations where255
absentee ballots will be processed.256
(B) The proceedings set forth in this paragraph shall be open to the view of the public,257
but no person except one employed and designated by the superintendent shall touch258
any ballot or ballot container. Any person involved in processing and scanning259
absentee ballots shall swear an oath, in the same form as the oath for poll officers260
provided in Code Section 21-2-95, prior to beginning the processing and scanning of261
absentee ballots. The county executive committee or, if there is no organized county262
executive committee, the state executive committee of each political party and political263
body having candidates whose names appear on the ballot for such election shall have264
the right to designate two persons and each independent and nonpartisan candidate265
whose name appears on the ballot for such election shall have the right to designate one266
person to act as monitors for such process. In the event that the only issue to be voted267
upon in an election is a referendum question, the superintendent shall also notify in268
writing the chief judge of the superior court of the county who shall appoint two269
electors of the county to monitor such process. While viewing or monitoring the270
process set forth in this paragraph, monitors and observers shall be prohibited from:271
(i) In any way interfering with the processing or scanning of absentee ballots or the272
conduct of the election;273
(ii) Using or bringing into the room any photographic or other electronic monitoring274
or recording devices, cellular telephones, or computers;275
(iii) Engaging in any form of campaigning or campaign activity;276
(iv) Taking any action that endangers the secrecy and security of the ballots;277
(v) Touching any ballot or ballot container;278
(vi) Tallying, tabulating, estimating, or attempting to tally, tabulate, or estimate,279
whether partial or otherwise, any of the votes on the absentee ballots cast; and280 23 LC 47 2167S
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(vii) Communicating any information that they see while monitoring the processing281
and scanning of the absentee ballots, whether intentionally or inadvertently, about any282
ballot, vote, or selection to anyone other than an election official who needs such283
information to lawfully carry out his or her official duties.284
(C) The State Election Board shall promulgate rules requiring reconciliation285
procedures; prompt and undelayed scanning of ballots after absentee ballot envelopes286
are opened; secrecy of election results prior to the closing of the polls on the day of a287
primary, election, or runoff; and other protections to protect the integrity of the process288
set forth in this paragraph.289
(D) At the conclusion of the scanning of ballots, such scanned ballots shall be stored290
in tamper-resistant containers sealed with numbered seals, the number of which shall291
be recorded on the chain of custody document specified by the Secretary of State, and292
such forms shall be signed by the person storing the ballots and the date and time of293
storage shall be entered on such forms.294
(3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on the295
day of the primary, election, or runoff begin tabulating the absentee ballots. If the county296
election superintendent chooses to open the inner envelopes and begin tabulating such297
ballots prior to the close of the polls on the day of the primary, election, or runoff, the298
superintendent shall notify in writing, at least seven days prior to the primary, election,299
or runoff, the Secretary of State of the superintendent's intent to begin the absentee ballot300
tabulation prior to the close of the polls. The county executive committee or, if there is301
no organized county executive committee, the state executive committee of each political302
party and political body having candidates whose names appear on the ballot for such303
election in such county shall have the right to designate two persons and each304
independent and nonpartisan candidate whose name appears on the ballot for such305
election in such county shall have the right to designate one person to act as monitors for306
such process. In the event that the only issue to be voted upon in an election is a307 23 LC 47 2167S
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referendum question, the superintendent shall also notify in writing the chief judge of the308
superior court of the county who shall appoint two electors of the county to monitor such309
process.310
(4) The county election superintendent shall publish a written notice in the311
superintendent's office of the superintendent's intent to begin the absentee ballot312
tabulation prior to the close of the polls and publish such notice at least one week prior313
to the primary, election, or runoff in the legal organ of the county.314
(5) The process for opening absentee ballot envelopes, scanning absentee ballots, and315
tabulating absentee ballots on the day of a primary, election, or runoff as provided in this316
subsection shall be conducted in a manner to maintain the secrecy of all ballots and to317
protect the disclosure of any balloting information before 7:00 P.M. on election day. No318
absentee ballots shall be tabulated before 7:00 A.M. on the day of a primary, election, or319
runoff.320
(6) All persons conducting the tabulation of absentee ballots during the day of a primary,321
election, or runoff, including the vote review panel required by Code Section 21-2-483,322
and all monitors and observers shall be sequestered until the time for the closing of the323
polls. All such persons shall have no contact with the news media; shall have no contact324
with other persons not involved in monitoring, observing, or conducting the tabulation;325
shall not use any type of communication device including radios, telephones, and cellular326
telephones; shall not utilize computers for the purpose of email, instant messaging, or327
other forms of communication; and shall not communicate any information concerning328
the tabulation until the time for the closing of the polls; provided, however, that329
supervisory and technical assistance personnel shall be permitted to enter and leave the330
area in which the tabulation is being conducted but shall not communicate any331
information concerning the tabulation to anyone other than the county election332
superintendent; the staff of the superintendent; those persons conducting, observing, or333 23 LC 47 2167S
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monitoring the tabulation; and those persons whose technical assistance is needed for the334
tabulation process to operate.335
(7) The absentee ballots shall be tabulated in accordance with the procedures of this336
chapter for the tabulation of absentee ballots. As such ballots are tabulated, they shall be337
placed into locked ballot boxes and may be transferred to locked ballot bags, if needed,338
for security. Such boxes or bags shall be sealed and witnessed and verified by each339
person taking custody of such items by each such person's signature and date and time340
of taking custody. The persons conducting the tabulation of the absentee ballots shall not341
cause the tabulating equipment to produce any count, partial or otherwise, of the absentee342
votes cast until the time for the closing of the polls except as otherwise provided in this343
Code section.344
(b) When requested by the superintendent, but not earlier than the third Monday prior to345
a primary, election, or runoff, a registrar or absentee ballot clerk shall deliver the official346
absentee ballot of each certified absentee elector, each rejected absentee ballot, applications347
for such ballots, and copies of the numbered lists of certified and rejected absentee electors348
to the location designated by the superintendent in secure, sealed containers with the chain349
of custody documents as specified by the Secretary of State and the signature and date and350
time of the person taking custody, and the superintendent or official receiving such351
absentee ballots shall issue his or her receipt therefor.352
(c) The superintendent shall cause the verified and accepted absentee ballots to be opened353
and tabulated as provided in this Code section. A manager shall then open the outer354
envelope in such manner as not to destroy the oath printed thereon and shall deposit the355
inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee356
ballots with an accompanying chain of custody documentation. Such ballot box shall be357
securely sealed if it is not in the direct control of the poll officers or if it is transferred to358
a different room or facility for tabulation. In the event that an outer envelope is found to359
contain an absentee ballot that is not in an inner envelope, the ballot shall be sealed in an360 23 LC 47 2167S
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inner envelope, initialed and dated by the person sealing the inner envelope, and deposited361
in the ballot box and counted in the same manner as other absentee ballots, provided that362
such ballot is otherwise proper. Such manager with two assistant managers, appointed by363
the superintendent, with such clerks as the manager deems necessary shall count the364
absentee ballots following the procedures prescribed by this chapter for other ballots,365
insofar as practicable.366
(d) All absentee ballots shall be counted and tabulated in such a manner that returns may367
be reported by precinct; and separate returns shall be made for each precinct in which368
absentee ballots were cast showing the results by each precinct in which the electors reside.369
The superintendent shall utilize the procedures set forth in this Code section to ensure that370
the returns of verified and accepted absentee ballots cast are reported to the public as soon371
as possible following the closing of the polls on the day of the primary, election, or runoff.372
Failure to utilize these procedures to ensure that the returns of verified and accepted373
absentee ballots are reported as soon as possible following the close of polls shall subject374
the superintendent to sanctions by the State Election Board. If a superintendent fails to375
report the returns of verified and accepted absentee ballots by the day following the376
election at 5:00 P.M., the State Election Board may convene an independent performance377
review board pursuant to Code Section 21-2-107.378
(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall379
write 'Challenged,' the elector's name, and the alleged cause of challenge on the outer380
envelope and shall deposit the ballot in a secure, sealed ballot box for which there shall be381
a chain of custody document as specified by the Secretary of State on which is recorded382
and witnessed the name and signature of each person taking custody of such ballots; and383
it shall be counted as other challenged ballots are counted. Where direct recording384
electronic voting systems are used for absentee balloting and a challenge to an elector's385
right to vote is made prior to the time that the elector votes, the elector shall vote on a paper386
or optical scanning ballot and such ballot shall be handled as provided in this subsection.387 23 LC 47 2167S
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The board of registrars or absentee ballot clerk shall promptly notify the elector of such388
challenge.389
(f) It shall be unlawful at any time prior to the close of the polls for any person to disclose390
or for any person to receive any information regarding the results of the tabulation of391
absentee ballots except as expressly provided by law."392
SECTION 5.393
Said chapter is further amended by revising subsection (a) of Code Section 21-2-419, relating394
to validation of provisional ballots and reporting to Secretary of State, as follows:395
"(a) A person shall cast a provisional ballot on the same type of ballot that is utilized by396
the county or municipality. Such provisional ballot shall be sealed in double envelopes as397
provided in Code Section 21-2-384 and shall be deposited by the person casting such ballot398
in a secure, sealed ballot box for which the number of the seal shall be recorded and399
witnessed on a chain of custody document as specified by the Secretary of State and the400
name and signature of the person or persons having custody of such ballots shall also be401
documented on such form. Such form shall remain with such ballots until such ballots are402
destroyed in accordance with law."403
SECTION 6.404
Said chapter is further amended by revising subsection (a) of Code Section 21-2-420, relating405
to procedure for counting and tabulation of votes, and by adding a new subsection to read as406
follows:407
"(a) After the time for the closing of the polls and the last elector voting, the poll officials408
in each precinct shall complete the required accounting and related documentation for the409
precinct and shall advise the election superintendent of the total number of ballots cast at410
such precinct and the total number of provisional ballots cast. The chief manager and at411
least one assistant manager shall post a copy of the tabulated results for the precinct on the412 23 LC 47 2167S
H. B. 17 (SUB)
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door of the precinct and then immediately deliver all required documentation and election413
materials to the election superintendent in sealed containers accompanied by chain of414
custody documentation on which are recorded and witnessed the names and signatures of415
each person having custody of such ballots. The Upon receipt of such ballots, the election416
superintendent shall verify that the containers are sealed and contain the appropriate chain417
of custody documentation. The election superintendent shall then ensure that such ballots418
are processed, counted, and tabulated as soon as possible and shall not cease such count419
and tabulation until all such ballots are counted and tabulated."420
"(c) No voted ballots shall be handled without a poll official being present and without421
documentation on the chain of custody documentation of who is handling such ballots and422
when and why such ballots are being handled. After the activity requiring the handling of423
ballots is completed, such ballots shall be resealed in ballot boxes or other secure424
containers with numbered seals, the numbers of which shall be recorded and witnessed on425
chain of custody documentation as specified by the Secretary of State and shall be signed426
by the persons having custody of such ballots. Such chain of custody documentation shall427
remain with the ballots until such ballots are destroyed in accordance with law."428
SECTION 7.429
This Act shall become effective upon its approval by the Governor or upon its becoming law430
without such approval.431
SECTION 8.432
All laws and parts of laws in conflict with this Act are repealed.433