10 | | - | ballots and documents under seal; to provide for rulemaking regarding public inspection of4 |
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11 | | - | ballots; to repeal conflicting laws; and for other purposes.5 |
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12 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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13 | | - | SECTION 1.7 |
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14 | | - | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and8 |
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15 | | - | primaries generally, is amended by revising Code Section 21-2-496, relating to preparation9 |
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16 | | - | and filing by superintendent of four copies of consolidated return of primary, electronic10 |
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17 | | - | filing, and superintendent to furnish final copy of each ballot used for primary, as follows:11 |
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18 | | - | "21-2-496.12 |
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19 | | - | (a) Each county and municipal superintendent shall prepare four copies of the consolidated13 |
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20 | | - | return of the primary to be certified by the superintendent on forms furnished by the14 |
---|
21 | | - | Secretary of State, such consolidated returns to be filed immediately upon certification as15 |
---|
22 | | - | follows:16 23 LC 47 2328S |
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23 | | - | H. B. 426 (SUB) |
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| 23 | + | ballots and documents under seal; to repeal conflicting laws; and for other purposes.4 |
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| 24 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 25 | + | SECTION 1.6 |
---|
| 26 | + | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and7 |
---|
| 27 | + | primaries generally, is amended by revising Code Section 21-2-496, relating to preparation8 |
---|
| 28 | + | and filing by superintendent of four copies of consolidated return of primary, electronic9 |
---|
| 29 | + | filing, and superintendent to furnish final copy of each ballot used for primary, as follows:10 |
---|
| 30 | + | "21-2-496.11 |
---|
| 31 | + | (a) Each county and municipal superintendent shall prepare four copies of the consolidated12 |
---|
| 32 | + | return of the primary to be certified by the superintendent on forms furnished by the13 |
---|
| 33 | + | Secretary of State, such consolidated returns to be filed immediately upon certification as14 |
---|
| 34 | + | follows:15 23 LC 47 2137 |
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| 35 | + | H. B. 426 |
---|
25 | | - | (1) One copy to be posted at the office of the election superintendent for the information17 |
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26 | | - | of the public;18 |
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27 | | - | (2) One copy to be filed in the superintendent's office;19 |
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28 | | - | (3) One copy to be forwarded to the Secretary of State together with a copy of each20 |
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29 | | - | precinct return, the numbered list of voters of each precinct, and the returns and the21 |
---|
30 | | - | numbered list of voters for absentee electors; and22 |
---|
31 | | - | (4) One copy to be sealed and filed with the clerk of the superior court, in the case of a23 |
---|
32 | | - | county election, or with the city clerk, in the case of a municipal election, as required by24 |
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33 | | - | Code Section 21-2-500.25 |
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34 | | - | (b) The Secretary of State is authorized to provide a method by which the election26 |
---|
35 | | - | superintendent can file the results of primaries and elections electronically. Once the27 |
---|
36 | | - | Secretary of State provides such a method of filing, the election superintendent shall file28 |
---|
37 | | - | a copy of the election returns electronically in the manner prescribed by the Secretary of29 |
---|
38 | | - | State in addition to the filing provided in subsection (a) of this Code section. The Secretary30 |
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39 | | - | of State is authorized to promulgate such rules and regulations as necessary to provide for31 |
---|
40 | | - | such an electronic filing.32 |
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41 | | - | (c) Each county and municipal superintendent shall, upon certification, furnish to the33 |
---|
42 | | - | Secretary of State in a manner determined by the Secretary of State a final copy of each34 |
---|
43 | | - | ballot used for such primary."35 |
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44 | | - | SECTION 2.36 |
---|
45 | | - | Said chapter is further amended by revising Code Section 21-2-497, relating to preparation37 |
---|
46 | | - | and filing by superintendent of four copies of consolidated return of elections, and38 |
---|
47 | | - | superintendent to furnish final copy of each ballot used for election, as follows:39 23 LC 47 2328S |
---|
48 | | - | H. B. 426 (SUB) |
---|
| 37 | + | (1) One copy to be posted at the office of the election superintendent for the information |
---|
| 38 | + | 16 |
---|
| 39 | + | of the public;17 |
---|
| 40 | + | (2) One copy to be filed in the superintendent's office;18 |
---|
| 41 | + | (3) One copy to be forwarded to the Secretary of State together with a copy of each19 |
---|
| 42 | + | precinct return, the numbered list of voters of each precinct, and the returns and the20 |
---|
| 43 | + | numbered list of voters for absentee electors; and21 |
---|
| 44 | + | (4) One copy to be sealed and |
---|
| 45 | + | filed with the clerk of the superior court, in the case of a22 |
---|
| 46 | + | county election, or with the city clerk, in the case of a municipal election, as required by23 |
---|
| 47 | + | Code Section 21-2-500.24 |
---|
| 48 | + | (b) The Secretary of State is authorized to provide a method by which the election25 |
---|
| 49 | + | superintendent can file the results of primaries and elections electronically. Once the26 |
---|
| 50 | + | Secretary of State provides such a method of filing, the election superintendent shall file27 |
---|
| 51 | + | a copy of the election returns electronically in the manner prescribed by the Secretary of28 |
---|
| 52 | + | State in addition to the filing provided in subsection (a) of this Code section. The Secretary29 |
---|
| 53 | + | of State is authorized to promulgate such rules and regulations as necessary to provide for30 |
---|
| 54 | + | such an electronic filing.31 |
---|
| 55 | + | (c) Each county and municipal superintendent shall, upon certification, furnish to the32 |
---|
| 56 | + | Secretary of State in a manner determined by the Secretary of State a final copy of each33 |
---|
| 57 | + | ballot used for such primary."34 |
---|
| 58 | + | SECTION 2.35 |
---|
| 59 | + | Said chapter is further amended by revising Code Section 21-2-497, relating to preparation36 |
---|
| 60 | + | and filing by superintendent of four copies of consolidated return of elections, and37 |
---|
| 61 | + | superintendent to furnish final copy of each ballot used for election, as follows:38 23 LC 47 2137 |
---|
| 62 | + | H. B. 426 |
---|
50 | | - | "21-2-497.40 |
---|
51 | | - | (a) Each county and municipal superintendent shall prepare four copies of the consolidated41 |
---|
52 | | - | return of the election to be certified by the superintendent on forms furnished by the42 |
---|
53 | | - | Secretary of State, such consolidated returns to be filed immediately upon certification as43 |
---|
54 | | - | follows:44 |
---|
55 | | - | (1) One copy to be posted at the office of the election superintendent for the information45 |
---|
56 | | - | of the public;46 |
---|
57 | | - | (2) One copy to be filed and recorded as a permanent record in the minutes of the47 |
---|
58 | | - | superintendent's office;48 |
---|
59 | | - | (3) One copy to be sealed and filed with the clerk of the superior court, in the case of a49 |
---|
60 | | - | county election, or with the city clerk, in the case of a municipal election, as required by50 |
---|
61 | | - | Code Section 21-2-500; and51 |
---|
62 | | - | (4) One copy to be returned immediately to the Secretary of State unless required as52 |
---|
63 | | - | follows:53 |
---|
64 | | - | (A) In the case of election of federal and state officers, a separate return showing totals54 |
---|
65 | | - | of the votes cast for each of such officers respectively shall be forwarded by the55 |
---|
66 | | - | superintendent to the Secretary of State on forms furnished by the Secretary of State;56 |
---|
67 | | - | (B) In the case of referendum elections provided for by an Act of the General57 |
---|
68 | | - | Assembly, the returns shall immediately be certified by the authority holding such58 |
---|
69 | | - | election to the Secretary of State, along with the precinct returns and numbered list of59 |
---|
70 | | - | voters for each precinct. In addition thereto, the official citation of the Act involved60 |
---|
71 | | - | and the purpose of such election shall be sent to the Secretary of State at the same time.61 |
---|
72 | | - | The Secretary of State shall maintain a permanent record of such certifications;62 |
---|
73 | | - | (C) In the case of elections on constitutional amendments, the returns shall be certified63 |
---|
74 | | - | immediately to the Secretary of State. Upon receiving the certified returns from the64 |
---|
75 | | - | various superintendents, the Secretary of State shall immediately proceed to canvass65 23 LC 47 2328S |
---|
76 | | - | H. B. 426 (SUB) |
---|
| 64 | + | "21-2-497. |
---|
| 65 | + | 39 |
---|
| 66 | + | (a) Each county and municipal superintendent shall prepare four copies of the consolidated40 |
---|
| 67 | + | return of the election to be certified by the superintendent on forms furnished by the41 |
---|
| 68 | + | Secretary of State, such consolidated returns to be filed immediately upon certification as42 |
---|
| 69 | + | follows:43 |
---|
| 70 | + | (1) One copy to be posted at the office of the election superintendent for the information44 |
---|
| 71 | + | of the public;45 |
---|
| 72 | + | (2) One copy to be filed and recorded as a permanent record in the minutes of the46 |
---|
| 73 | + | superintendent's office;47 |
---|
| 74 | + | (3) One copy to be sealed and |
---|
| 75 | + | filed with the clerk of the superior court, in the case of a48 |
---|
| 76 | + | county election, or with the city clerk, in the case of a municipal election, as required by49 |
---|
| 77 | + | Code Section 21-2-500; and50 |
---|
| 78 | + | (4) One copy to be returned immediately to the Secretary of State unless required as51 |
---|
| 79 | + | follows:52 |
---|
| 80 | + | (A) In the case of election of federal and state officers, a separate return showing totals53 |
---|
| 81 | + | of the votes cast for each of such officers respectively shall be forwarded by the54 |
---|
| 82 | + | superintendent to the Secretary of State on forms furnished by the Secretary of State;55 |
---|
| 83 | + | (B) In the case of referendum elections provided for by an Act of the General56 |
---|
| 84 | + | Assembly, the returns shall immediately be certified by the authority holding such57 |
---|
| 85 | + | election to the Secretary of State, along with the precinct returns and numbered list of58 |
---|
| 86 | + | voters for each precinct. In addition thereto, the official citation of the Act involved59 |
---|
| 87 | + | and the purpose of such election shall be sent to the Secretary of State at the same time.60 |
---|
| 88 | + | The Secretary of State shall maintain a permanent record of such certifications;61 |
---|
| 89 | + | (C) In the case of elections on constitutional amendments, the returns shall be certified62 |
---|
| 90 | + | immediately to the Secretary of State. Upon receiving the certified returns from the63 |
---|
| 91 | + | various superintendents, the Secretary of State shall immediately proceed to canvass64 23 LC 47 2137 |
---|
| 92 | + | H. B. 426 |
---|
78 | | - | and tabulate the votes cast on such amendments and certify the results to the Governor;66 |
---|
79 | | - | and67 |
---|
80 | | - | (D) In the case of election for presidential electors, a separate return shall be prepared68 |
---|
81 | | - | by each superintendent and certified immediately to the Secretary of State.69 |
---|
82 | | - | (b) Each county and municipal superintendent shall, upon certification, furnish to the70 |
---|
83 | | - | Secretary of State in a manner determined by the Secretary of State a final copy of each71 |
---|
84 | | - | ballot used for such election."72 |
---|
85 | | - | SECTION 3.73 |
---|
86 | | - | Said chapter is further amended by revising Code Section 21-2-500, relating to delivery of74 |
---|
87 | | - | voting materials, presentation to grand jury in certain cases, preservation and destruction, and75 |
---|
88 | | - | destruction of unused ballots, as follows:76 |
---|
89 | | - | "21-2-500.77 |
---|
90 | | - | (a) Immediately upon completing the returns required by this article, in the case of78 |
---|
91 | | - | elections other than municipal elections, the superintendent shall deliver in sealed79 |
---|
92 | | - | containers to the clerk of the superior court or, if designated by the clerk of the superior80 |
---|
93 | | - | court, to the county records manager or other office or officer under the jurisdiction of a81 |
---|
94 | | - | county governing authority which maintains or is responsible for records, as provided in82 |
---|
95 | | - | Code Section 50-18-99, the used and void ballots and the stubs of all ballots used; one copy83 |
---|
96 | | - | of the oaths of poll officers; and one copy of each numbered list of voters, tally paper,84 |
---|
97 | | - | voting machine paper proof sheet, and return sheet involved in the primary or election. In85 |
---|
98 | | - | addition, the superintendent shall deliver copies of the voting machine ballot labels,86 |
---|
99 | | - | computer chips containing ballot tabulation programs, copies of computer records of ballot87 |
---|
100 | | - | design, and similar items or an electronic record of the program by which votes are to be88 |
---|
101 | | - | recorded or tabulated, which is captured prior to the election, and which is stored on some89 |
---|
102 | | - | alternative medium such as a CD-ROM or floppy disk simultaneously with the90 |
---|
103 | | - | programming of the PROM or other memory storage device. The clerk, county records91 23 LC 47 2328S |
---|
104 | | - | H. B. 426 (SUB) |
---|
| 94 | + | and tabulate the votes cast on such amendments and certify the results to the Governor; |
---|
| 95 | + | 65 |
---|
| 96 | + | and66 |
---|
| 97 | + | (D) In the case of election for presidential electors, a separate return shall be prepared67 |
---|
| 98 | + | by each superintendent and certified immediately to the Secretary of State.68 |
---|
| 99 | + | (b) Each county and municipal superintendent shall, upon certification, furnish to the69 |
---|
| 100 | + | Secretary of State in a manner determined by the Secretary of State a final copy of each70 |
---|
| 101 | + | ballot used for such election."71 |
---|
| 102 | + | SECTION 3.72 |
---|
| 103 | + | Said chapter is further amended by revising Code Section 21-2-500, relating to delivery of73 |
---|
| 104 | + | voting materials, presentation to grand jury in certain cases, preservation and destruction, and74 |
---|
| 105 | + | destruction of unused ballots, as follows:75 |
---|
| 106 | + | "21-2-500.76 |
---|
| 107 | + | (a) Immediately upon completing the returns required by this article, in the case of77 |
---|
| 108 | + | elections other than municipal elections, the superintendent shall deliver in sealed78 |
---|
| 109 | + | containers to the clerk of the superior court or, if designated by the clerk of the superior79 |
---|
| 110 | + | court, to the county records manager or other office or officer under the jurisdiction of a80 |
---|
| 111 | + | county governing authority which maintains or is responsible for records, as provided in81 |
---|
| 112 | + | Code Section 50-18-99, the used and void ballots and the stubs of all ballots used; one copy82 |
---|
| 113 | + | of the oaths of poll officers; and one copy of each numbered list of voters, tally paper,83 |
---|
| 114 | + | voting machine paper proof sheet, and return sheet involved in the primary or election. In84 |
---|
| 115 | + | addition, the superintendent shall deliver copies of the voting machine ballot labels,85 |
---|
| 116 | + | computer chips containing ballot tabulation programs, copies of computer records of ballot86 |
---|
| 117 | + | design, and similar items or an electronic record of the program by which votes are to be87 |
---|
| 118 | + | recorded or tabulated, which is captured prior to the election, and which is stored on some88 |
---|
| 119 | + | alternative medium such as a CD-ROM or floppy disk simultaneously with the89 |
---|
| 120 | + | programming of the PROM or other memory storage device. The clerk, county records90 23 LC 47 2137 |
---|
| 121 | + | H. B. 426 |
---|
106 | | - | manager, or the office or officer designated by the clerk shall hold retain and preserve such92 |
---|
107 | | - | ballots and other documents for at least 24 months under seal, unless otherwise directed by93 |
---|
108 | | - | the superior court, in a manner so as to prevent such ballots or other documents from being94 |
---|
109 | | - | altered, amended, damaged, modified, or mutilated, including during any public inspection95 |
---|
110 | | - | of such ballots, after which time they shall be presented to the grand jury for inspection at96 |
---|
111 | | - | its next meeting. Such ballots and other documents shall be retained and preserved in the97 |
---|
112 | | - | office of the clerk, county records manager, or officer designated by the clerk until the98 |
---|
113 | | - | adjournment of such grand jury, and then they may be destroyed, unless otherwise provided99 |
---|
114 | | - | by order of the superior court. Ballots, numbered lists of voters, and oaths of poll officers100 |
---|
115 | | - | retained pursuant to this Code section shall be subject to public inspection after initial101 |
---|
116 | | - | certification of the relevant election by the local election superintendent subject to the rules102 |
---|
117 | | - | and regulations promulgated by the State Election Board.103 |
---|
118 | | - | (b) The superintendent shall retain all unused ballots for 30 days after the election or104 |
---|
119 | | - | primary and, if no challenge or contest is filed prior to or during that period that could105 |
---|
120 | | - | require future use of such ballots, may thereafter destroy such unused ballots. If a106 |
---|
121 | | - | challenge or contest is filed during that period that could require the use of such ballots,107 |
---|
122 | | - | they shall be retained until the final disposition of the challenge or contest and, if remaining108 |
---|
123 | | - | unused, may thereafter be destroyed.109 |
---|
124 | | - | (c) Immediately upon completing the returns required by this article, the municipal110 |
---|
125 | | - | superintendent shall deliver in sealed containers to the city clerk the used and void ballots111 |
---|
126 | | - | and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of112 |
---|
127 | | - | each numbered list of voters, tally paper, voting machine paper proof sheet, and return113 |
---|
128 | | - | sheet involved in the primary or election. In addition, the municipal superintendent shall114 |
---|
129 | | - | deliver copies of the voting machine ballot labels, computer chips containing ballot115 |
---|
130 | | - | tabulation programs, copies of computer records of ballot design, and similar items or an116 |
---|
131 | | - | electronic record of the program by which votes are to be recorded or tabulated, which is117 |
---|
132 | | - | captured prior to the election, and which is stored on some alternative medium such as a118 23 LC 47 2328S |
---|
133 | | - | H. B. 426 (SUB) |
---|
| 123 | + | manager, or the office or officer designated by the clerk shall hold retain and preserve such91 |
---|
| 124 | + | ballots and other documents for at least 24 months under seal, unless otherwise directed by92 |
---|
| 125 | + | the superior court, in a manner so as to prevent such ballots or other documents from being93 |
---|
| 126 | + | altered, amended, damaged, modified, or mutilated, after which time they shall be94 |
---|
| 127 | + | presented to the grand jury for inspection at its next meeting. Such ballots and other95 |
---|
| 128 | + | documents shall be retained and preserved in the office of the clerk, county records96 |
---|
| 129 | + | manager, or officer designated by the clerk until the adjournment of such grand jury, and97 |
---|
| 130 | + | then they may be destroyed, unless otherwise provided by order of the superior court.98 |
---|
| 131 | + | (b) The superintendent shall retain all unused ballots for 30 days after the election or99 |
---|
| 132 | + | primary and, if no challenge or contest is filed prior to or during that period that could100 |
---|
| 133 | + | require future use of such ballots, may thereafter destroy such unused ballots. If a101 |
---|
| 134 | + | challenge or contest is filed during that period that could require the use of such ballots,102 |
---|
| 135 | + | they shall be retained until the final disposition of the challenge or contest and, if remaining103 |
---|
| 136 | + | unused, may thereafter be destroyed.104 |
---|
| 137 | + | (c) Immediately upon completing the returns required by this article, the municipal105 |
---|
| 138 | + | superintendent shall deliver in sealed containers to the city clerk the used and void ballots106 |
---|
| 139 | + | and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of107 |
---|
| 140 | + | each numbered list of voters, tally paper, voting machine paper proof sheet, and return108 |
---|
| 141 | + | sheet involved in the primary or election. In addition, the municipal superintendent shall109 |
---|
| 142 | + | deliver copies of the voting machine ballot labels, computer chips containing ballot110 |
---|
| 143 | + | tabulation programs, copies of computer records of ballot design, and similar items or an111 |
---|
| 144 | + | electronic record of the program by which votes are to be recorded or tabulated, which is112 |
---|
| 145 | + | captured prior to the election, and which is stored on some alternative medium such as a113 |
---|
| 146 | + | CD-ROM or floppy disk simultaneously with the programming of the PROM or other114 |
---|
| 147 | + | memory storage device. Such ballots and other documents shall be retained and preserved115 |
---|
| 148 | + | under seal in the office of the city clerk for at least 24 months; and then they may be116 |
---|
| 149 | + | destroyed unless otherwise provided by order of the mayor and council if a contest has117 23 LC 47 2137 |
---|
| 150 | + | H. B. 426 |
---|
135 | | - | CD-ROM or floppy disk simultaneously with the programming of the PROM or other119 |
---|
136 | | - | memory storage device. Such ballots and other documents shall be retained and preserved120 |
---|
137 | | - | under seal in the office of the city clerk for at least 24 months; and then they may be121 |
---|
138 | | - | destroyed unless otherwise provided by order of the mayor and council if a contest has122 |
---|
139 | | - | been filed or by court order, provided that the electors list, voter's certificates, and duplicate123 |
---|
140 | | - | oaths of assisted electors shall be immediately returned by the superintendent to the county124 |
---|
141 | | - | registrar.125 |
---|
142 | | - | (d) Within 90 days of the effective date of this subsection, the State Election Board shall126 |
---|
143 | | - | promulgate rules and regulations providing for access for visual reviews of original ballots,127 |
---|
144 | | - | copying ballots, and the costs of such record retrieval, inspection, and copying services.128 |
---|
145 | | - | Such rules and regulations shall include, but not necessarily be limited to, provisions129 |
---|
146 | | - | regarding:130 |
---|
147 | | - | (1) The methods to be used to provide such services at the lowest reasonable cost;131 |
---|
148 | | - | (2) Appropriate quality of copies made pursuant to this Code section;132 |
---|
149 | | - | (3) Timeliness of responses and productions made pursuant to this Code section; and133 |
---|
150 | | - | (4) Strict safeguards for the physical security of such ballots in a manner that restricts the134 |
---|
151 | | - | handling of voted ballots during such inspection to the official custodian of such records135 |
---|
152 | | - | or the designee of such custodian."136 |
---|
153 | | - | SECTION 4.137 |
---|
154 | | - | All laws and parts of laws in conflict with this Act are repealed.138 |
---|
| 152 | + | been filed or by court order, provided that the electors list, voter's certificates, and duplicate |
---|
| 153 | + | 118 |
---|
| 154 | + | oaths of assisted electors shall be immediately returned by the superintendent to the county119 |
---|
| 155 | + | registrar."120 |
---|
| 156 | + | SECTION 4.121 |
---|
| 157 | + | All laws and parts of laws in conflict with this Act are repealed.122 |
---|