GA
Georgia House Bill HB426

Georgia 2023-2024 Regular Session

Georgia House Bill HB426 Compare Versions

OldNewDifferences
1-23 LC 47 2328S
2-H. B. 426 (SUB)
1+23 LC 47 2137
2+H. B. 426
33 - 1 -
4-The House Committee on Governmental Affairs offers the following substitute to HB 426:
4+House Bill 426
5+By: Representatives Blackmon of the 146
6+th
7+, Taylor of the 173
8+rd
9+, Jones of the 47
10+th
11+, Jasperse
12+of the 11
13+th
14+, and Ballinger of the 23
15+rd
16+
517 A BILL TO BE ENTITLED
618 AN ACT
7-To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to1
19+To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
20+1
821 elections and primaries generally, so as to revise provisions related to the retention and2
922 preservation of ballots and other election documents; to remove provisions for keeping such3
10-ballots and documents under seal; to provide for rulemaking regarding public inspection of4
11-ballots; to repeal conflicting laws; and for other purposes.5
12-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
13-SECTION 1.7
14-Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and8
15-primaries generally, is amended by revising Code Section 21-2-496, relating to preparation9
16-and filing by superintendent of four copies of consolidated return of primary, electronic10
17-filing, and superintendent to furnish final copy of each ballot used for primary, as follows:11
18-"21-2-496.12
19-(a) Each county and municipal superintendent shall prepare four copies of the consolidated13
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
23-H. B. 426 (SUB)
23+ballots and documents under seal; to repeal conflicting laws; and for other purposes.4
24+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
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
35+H. B. 426
2436 - 2 -
25-(1) One copy to be posted at the office of the election superintendent for the information17
26-of the public;18
27-(2) One copy to be filed in the superintendent's office;19
28-(3) One copy to be forwarded to the Secretary of State together with a copy of each20
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
33-Code Section 21-2-500.25
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
39-of State is authorized to promulgate such rules and regulations as necessary to provide for31
40-such an electronic filing.32
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
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
4963 - 3 -
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
7793 - 4 -
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
105122 - 5 -
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
134151 - 6 -
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