23 LC 47 2328S
H. B. 426 (SUB)
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The House Committee on Governmental Affairs offers the following substitute to HB 426:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to1
elections and primaries generally, so as to revise provisions related to the retention and2
preservation of ballots and other election documents; to remove provisions for keeping such3
ballots and documents under seal; to provide for rulemaking regarding public inspection of4
ballots; to repeal conflicting laws; and for other 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 elections and8
primaries generally, is amended by revising Code Section 21-2-496, relating to preparation9
and filing by superintendent of four copies of consolidated return of primary, electronic10
filing, and superintendent to furnish final copy of each ballot used for primary, as follows:11
"21-2-496.12
(a) Each county and municipal superintendent shall prepare four copies of the consolidated13
return of the primary to be certified by the superintendent on forms furnished by the14
Secretary of State, such consolidated returns to be filed immediately upon certification as15
follows:16 23 LC 47 2328S
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(1) One copy to be posted at the office of the election superintendent for the information17
of the public;18
(2) One copy to be filed in the superintendent's office;19
(3) One copy to be forwarded to the Secretary of State together with a copy of each20
precinct return, the numbered list of voters of each precinct, and the returns and the21
numbered list of voters for absentee electors; and22
(4) One copy to be sealed and filed with the clerk of the superior court, in the case of a23
county election, or with the city clerk, in the case of a municipal election, as required by24
Code Section 21-2-500.25
(b) The Secretary of State is authorized to provide a method by which the election26
superintendent can file the results of primaries and elections electronically. Once the27
Secretary of State provides such a method of filing, the election superintendent shall file28
a copy of the election returns electronically in the manner prescribed by the Secretary of29
State in addition to the filing provided in subsection (a) of this Code section. The Secretary30
of State is authorized to promulgate such rules and regulations as necessary to provide for31
such an electronic filing.32
(c) Each county and municipal superintendent shall, upon certification, furnish to the33
Secretary of State in a manner determined by the Secretary of State a final copy of each34
ballot used for such primary."35
SECTION 2.36
Said chapter is further amended by revising Code Section 21-2-497, relating to preparation37
and filing by superintendent of four copies of consolidated return of elections, and38
superintendent to furnish final copy of each ballot used for election, as follows:39 23 LC 47 2328S
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"21-2-497.40
(a) Each county and municipal superintendent shall prepare four copies of the consolidated41
return of the election to be certified by the superintendent on forms furnished by the42
Secretary of State, such consolidated returns to be filed immediately upon certification as43
follows:44
(1) One copy to be posted at the office of the election superintendent for the information45
of the public;46
(2) One copy to be filed and recorded as a permanent record in the minutes of the47
superintendent's office;48
(3) One copy to be sealed and filed with the clerk of the superior court, in the case of a49
county election, or with the city clerk, in the case of a municipal election, as required by50
Code Section 21-2-500; and51
(4) One copy to be returned immediately to the Secretary of State unless required as52
follows:53
(A) In the case of election of federal and state officers, a separate return showing totals54
of the votes cast for each of such officers respectively shall be forwarded by the55
superintendent to the Secretary of State on forms furnished by the Secretary of State;56
(B) In the case of referendum elections provided for by an Act of the General57
Assembly, the returns shall immediately be certified by the authority holding such58
election to the Secretary of State, along with the precinct returns and numbered list of59
voters for each precinct. In addition thereto, the official citation of the Act involved60
and the purpose of such election shall be sent to the Secretary of State at the same time.61
The Secretary of State shall maintain a permanent record of such certifications;62
(C) In the case of elections on constitutional amendments, the returns shall be certified63
immediately to the Secretary of State. Upon receiving the certified returns from the64
various superintendents, the Secretary of State shall immediately proceed to canvass65 23 LC 47 2328S
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and tabulate the votes cast on such amendments and certify the results to the Governor;66
and67
(D) In the case of election for presidential electors, a separate return shall be prepared68
by each superintendent and certified immediately to the Secretary of State.69
(b) Each county and municipal superintendent shall, upon certification, furnish to the70
Secretary of State in a manner determined by the Secretary of State a final copy of each71
ballot used for such election."72
SECTION 3.73
Said chapter is further amended by revising Code Section 21-2-500, relating to delivery of74
voting materials, presentation to grand jury in certain cases, preservation and destruction, and75
destruction of unused ballots, as follows:76
"21-2-500.77
(a) Immediately upon completing the returns required by this article, in the case of78
elections other than municipal elections, the superintendent shall deliver in sealed79
containers to the clerk of the superior court or, if designated by the clerk of the superior80
court, to the county records manager or other office or officer under the jurisdiction of a81
county governing authority which maintains or is responsible for records, as provided in82
Code Section 50-18-99, the used and void ballots and the stubs of all ballots used; one copy83
of the oaths of poll officers; and one copy of each numbered list of voters, tally paper,84
voting machine paper proof sheet, and return sheet involved in the primary or election. In85
addition, the superintendent shall deliver copies of the voting machine ballot labels,86
computer chips containing ballot tabulation programs, copies of computer records of ballot87
design, and similar items or an electronic record of the program by which votes are to be88
recorded or tabulated, which is captured prior to the election, and which is stored on some89
alternative medium such as a CD-ROM or floppy disk simultaneously with the90
programming of the PROM or other memory storage device. The clerk, county records91 23 LC 47 2328S
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manager, or the office or officer designated by the clerk shall hold retain and preserve such92
ballots and other documents for at least 24 months under seal, unless otherwise directed by93
the superior court, in a manner so as to prevent such ballots or other documents from being94
altered, amended, damaged, modified, or mutilated, including during any public inspection95
of such ballots, after which time they shall be presented to the grand jury for inspection at96
its next meeting. Such ballots and other documents shall be retained and preserved in the97
office of the clerk, county records manager, or officer designated by the clerk until the98
adjournment of such grand jury, and then they may be destroyed, unless otherwise provided99
by order of the superior court. Ballots, numbered lists of voters, and oaths of poll officers100
retained pursuant to this Code section shall be subject to public inspection after initial101
certification of the relevant election by the local election superintendent subject to the rules102
and regulations promulgated by the State Election Board.103
(b) The superintendent shall retain all unused ballots for 30 days after the election or104
primary and, if no challenge or contest is filed prior to or during that period that could105
require future use of such ballots, may thereafter destroy such unused ballots. If a106
challenge or contest is filed during that period that could require the use of such ballots,107
they shall be retained until the final disposition of the challenge or contest and, if remaining108
unused, may thereafter be destroyed.109
(c) Immediately upon completing the returns required by this article, the municipal110
superintendent shall deliver in sealed containers to the city clerk the used and void ballots111
and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of112
each numbered list of voters, tally paper, voting machine paper proof sheet, and return113
sheet involved in the primary or election. In addition, the municipal superintendent shall114
deliver copies of the voting machine ballot labels, computer chips containing ballot115
tabulation programs, copies of computer records of ballot design, and similar items or an116
electronic record of the program by which votes are to be recorded or tabulated, which is117
captured prior to the election, and which is stored on some alternative medium such as a118 23 LC 47 2328S
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CD-ROM or floppy disk simultaneously with the programming of the PROM or other119
memory storage device. Such ballots and other documents shall be retained and preserved120
under seal in the office of the city clerk for at least 24 months; and then they may be121
destroyed unless otherwise provided by order of the mayor and council if a contest has122
been filed or by court order, provided that the electors list, voter's certificates, and duplicate123
oaths of assisted electors shall be immediately returned by the superintendent to the county124
registrar.125
(d) Within 90 days of the effective date of this subsection, the State Election Board shall126
promulgate rules and regulations providing for access for visual reviews of original ballots,127
copying ballots, and the costs of such record retrieval, inspection, and copying services.128
Such rules and regulations shall include, but not necessarily be limited to, provisions129
regarding:130
(1) The methods to be used to provide such services at the lowest reasonable cost;131
(2) Appropriate quality of copies made pursuant to this Code section;132
(3) Timeliness of responses and productions made pursuant to this Code section; and133
(4) Strict safeguards for the physical security of such ballots in a manner that restricts the134
handling of voted ballots during such inspection to the official custodian of such records135
or the designee of such custodian."136
SECTION 4.137
All laws and parts of laws in conflict with this Act are repealed.138