| 5 | | - | To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to 1 |
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| 6 | | - | primaries and elections generally, so as to revise provisions for determining residency for2 |
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| 7 | | - | election purposes; to revise provisions related to challenging electors; to provide for chain3 |
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| 8 | | - | of custody and related procedures for absentee ballots; to provide procedures for requesting4 |
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| 9 | | - | high resolution scanned images of ballots; to revise a timing limitation on holding certain5 |
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| 10 | | - | special elections in conjunction with certain state-wide primaries or elections; to provide for6 |
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| 11 | | - | related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.7 |
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| 12 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 13 | | - | SECTION 1.9 |
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| 14 | | - | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and10 |
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| 15 | | - | primaries generally, is amended by revising Code Section 21-2-217, relating to rules for11 |
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| 16 | | - | determining residence, as follows:12 |
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| 17 | | - | - 1 - 24 LC 47 3080S |
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| 18 | | - | "21-2-217.13 |
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| 19 | | - | (a) In determining the residence of a person desiring to register to vote or to qualify to run14 |
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| 20 | | - | for elective office, the following rules shall be followed so far as they are applicable:15 |
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| 21 | | - | (1) The residence of any person shall be held to be in that place in which such person's16 |
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| 22 | | - | habitation is fixed, without any present intention of removing therefrom;17 |
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| 23 | | - | (1.1) The mailing address for election purposes of any person of this state who is18 |
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| 24 | | - | homeless and without a permanent address shall be the registrar's office of the county in19 |
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| 25 | | - | which such person resides;20 |
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| 26 | | - | (2) A person shall not be considered to have lost such person's residence who leaves such21 |
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| 27 | | - | person's home and goes into another state or county or municipality in this state, for22 |
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| 28 | | - | temporary purposes only, with the intention of returning, unless such person shall register23 |
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| 29 | | - | to vote or perform other acts indicating a desire to change such person's citizenship and24 |
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| 30 | | - | residence; provided, however, that:25 |
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| 31 | | - | (A) If a person registers to vote in another state, county, municipality, or legislative26 |
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| 32 | | - | district of any type or sort, that person shall be deemed to have changed his or her27 |
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| 33 | | - | residency;28 |
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| 34 | | - | (B) If a person returns to his or her original or new residence after voting or registering29 |
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| 35 | | - | to vote in a different or separate jurisdiction, such person shall update their voter30 |
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| 36 | | - | registration with their current residency jurisdiction in order to be deemed a valid31 |
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| 37 | | - | registered elector and resident of such jurisdiction for voting purposes; and32 |
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| 38 | | - | (C) Proof of ownership or rental of a post office box or private mailbox service address33 |
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| 39 | | - | within a particular jurisdiction shall not constitute sufficient grounds to establish a34 |
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| 40 | | - | person's residency within that particular jurisdiction;35 |
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| 41 | | - | (3) A person shall not be considered to have gained a residence in any county or36 |
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| 42 | | - | municipality of this state into which such person has come for temporary purposes only37 |
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| 43 | | - | without the intention of making such county or municipality such person's permanent38 |
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| 44 | | - | place of abode;39 |
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| 45 | | - | - 2 - 24 LC 47 3080S |
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| 46 | | - | (4) If a person removes to another state with the intention of making it such person's40 |
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| 47 | | - | residence, such person shall be considered to have lost such person's residence in this41 |
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| 48 | | - | state;42 |
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| 49 | | - | (4.1) If a person removes to another county or municipality in this state with the43 |
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| 50 | | - | intention of making it such person’s residence, such person shall be considered to have44 |
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| 51 | | - | lost such person's residence in the former county or municipality in this state;45 |
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| 52 | | - | (5) If a person removes to another state with the intention of remaining there an46 |
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| 53 | | - | indefinite time and making such state such person's place of residence, such person shall47 |
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| 54 | | - | be considered to have lost such person's residence in this state, notwithstanding that such48 |
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| 55 | | - | person may intend to return at some indefinite future period;49 |
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| 56 | | - | (6) If a person removes to another county or municipality within this state with the50 |
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| 57 | | - | intention of remaining there an indefinite time and making such other county or51 |
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| 58 | | - | municipality such person's place of residence, such person shall be considered to have52 |
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| 59 | | - | lost such person's residence in the former county or municipality, notwithstanding that53 |
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| 60 | | - | such person may intend to return at some indefinite future period;54 |
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| 61 | | - | (7) The residence for voting purposes of a person shall not be required to be the same as55 |
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| 62 | | - | the residence for voting purposes of his or her spouse;56 |
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| 63 | | - | (8) No person shall be deemed to have gained or lost a residence by reason of such57 |
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| 64 | | - | person's presence or absence while enrolled as a student at any college, university, or58 |
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| 65 | | - | other institution of learning in this state;59 |
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| 66 | | - | (9) The mere intention to acquire a new residence, without the fact of removal, shall60 |
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| 67 | | - | avail nothing; neither shall the fact of removal without the intention;61 |
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| 68 | | - | (10) No member of the armed forces of the United States shall be deemed to have62 |
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| 69 | | - | acquired a residence in this state by reason of being stationed on duty in this state;63 |
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| 70 | | - | (11) If a person removes to the District of Columbia or other federal territory, another64 |
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| 71 | | - | state, or foreign country to engage in government service, such person shall not be65 |
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| 72 | | - | considered to have lost such person's residence in this state during the period of such66 |
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| 73 | | - | - 3 - 24 LC 47 3080S |
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| 74 | | - | service; and the place where the person resided at the time of such person's removal shall67 |
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| 75 | | - | be considered and held to be such person's place of residence;68 |
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| 76 | | - | (12) If a person is adjudged mentally ill and is committed to an institution for the69 |
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| 77 | | - | mentally ill, such person shall not be considered to have gained a residence in the county70 |
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| 78 | | - | in which the institution to which such person is committed is located;71 |
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| 79 | | - | (13) If a person goes into another state and while there exercises the right of a citizen by72 |
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| 80 | | - | voting, such person shall be considered to have lost such person's residence in this state;73 |
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| 81 | | - | (14) The specific address in the county or municipality in which a person has declared74 |
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| 82 | | - | a homestead exemption, if a homestead exemption has been claimed, shall be deemed the75 |
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| 83 | | - | person's residence address; and76 |
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| 84 | | - | (15) For voter registration purposes, the board of registrars and, for candidacy residency77 |
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| 85 | | - | purposes, the Secretary of State, election superintendent, or hearing officer may consider78 |
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| 86 | | - | evidence of where the person receives significant mail such as personal bills and any79 |
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| 87 | | - | other evidence that indicates where the person resides.80 |
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| 88 | | - | (b) In determining a voter's qualification to register and vote, the registrars to whom such81 |
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| 89 | | - | application is made shall consider, in addition to the applicant's expressed intent, any82 |
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| 90 | | - | relevant circumstances determining the applicant's residence. The registrars taking such83 |
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| 91 | | - | registration may consider the applicant's financial independence, business pursuits,84 |
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| 92 | | - | employment, income sources, residence for income tax purposes, age, marital status,85 |
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| 93 | | - | residence of parents, spouse, and children, if any, leaseholds, sites of personal and real86 |
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| 94 | | - | property owned by the applicant, motor vehicle and other personal property registration,87 |
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| 95 | | - | National Change of Address program information sponsored by the United States Postal88 |
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| 96 | | - | Service, and other such factors that the registrars may reasonably deem necessary to89 |
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| 97 | | - | determine the qualification of an applicant to vote in a primary or election. The decision90 |
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| 98 | | - | of the registrars to whom such application is made shall be presumptive evidence of a91 |
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| 99 | | - | person's residence for voting purposes."92 |
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| 100 | | - | - 4 - 24 LC 47 3080S |
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| 101 | | - | SECTION 2.93 |
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| 102 | | - | Reserved.94 |
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| 103 | | - | SECTION 3.95 |
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| 104 | | - | Said chapter is further amended by revising subsection (b) of Code Section 21-2-230, relating96 |
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| 105 | | - | to challenge of persons on list of electors by other electors, procedure, hearing, and right of97 |
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| 106 | | - | appeal, and by adding a new subsection to read as follows:98 |
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| 107 | | - | "(b) Upon the filing of such challenge, the board of registrars shall immediately consider99 |
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| 108 | | - | such challenge and determine whether probable cause exists to sustain such challenge. If100 |
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| 109 | | - | the registrars do not find probable cause, the challenge shall be denied. If the registrars101 |
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| 110 | | - | find probable cause, the registrars shall notify the poll officers of the challenged elector's102 |
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| 111 | | - | precinct or, if the challenged elector voted by absentee ballot, notify the poll officers at the103 |
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| 112 | | - | absentee ballot precinct and, if practical, notify the challenged elector and afford such104 |
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| 113 | | - | elector an opportunity to answer. Probable causes shall include, but not be limited to, an105 |
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| 114 | | - | elector who is deceased; an elector voting or registering to vote in a different jurisdiction;106 |
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| 115 | | - | an elector obtaining a homestead exemption in a different jurisdiction; or an elector being107 |
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| 116 | | - | registered at a nonresidential address as confirmed or listed by or in a government office,108 |
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| 117 | | - | data base, website, or publicly available sources derived solely from such governmental109 |
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| 118 | | - | sources. If a challenged elector's name appears on the National Change of Address data110 |
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| 119 | | - | base, as maintained by the United States Postal Service, as having changed such elector's111 |
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| 120 | | - | residence to a different jurisdiction, the presence of such elector's name on such data base112 |
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| 121 | | - | shall be insufficient cause to sustain the challenge against the elector unless additional113 |
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| 122 | | - | evidence would indicate that the elector has lost his or her residency as determined114 |
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| 123 | | - | pursuant to Code Section 21-2-217; provided, however, that:115 |
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| 124 | | - | (1) Any challenge of an elector within 45 days of a primary, run-off primary, election,116 |
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| 125 | | - | or run-off election shall be postponed until the certification of such primary, election, or117 |
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| 126 | | - | runoff is completed; and118 |
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| 127 | | - | - 5 - 24 LC 47 3080S |
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| 128 | | - | (2) Any challenge of an elector who is determined eligible pursuant to the residency119 |
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| 129 | | - | determinations provided for in paragraph (8), (10), or (11) of subsection (a) of Code120 |
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| 130 | | - | Section 21-2-217 shall be deemed insufficient to sustain such challenge."121 |
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| 131 | | - | "(k) Any challenge of an elector that occurs during a primary or general election shall122 |
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| 132 | | - | continue through the run-off primary or run-off election of such primary or general123 |
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| 133 | | - | election."124 |
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| 134 | | - | SECTION 4.125 |
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| 135 | | - | Said chapter is further amended by revising Code Section 21-2-386, relating to safekeeping,126 |
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| 136 | | - | certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to127 |
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| 137 | | - | location designated by superintendent, duties of superintendent and managers, precinct128 |
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| 138 | | - | returns, report of returns of verified and accepted absentee ballots cast as soon as possible129 |
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| 139 | | - | following closing of polls, notification of challenged elector, and unlawful disclosure of130 |
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| 140 | | - | tabulation results, as follows:131 |
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| 141 | | - | "21-2-386.132 |
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| 142 | | - | (a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely, unopened,133 |
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| 143 | | - | and stored in a manner that will prevent tampering and unauthorized access to and shall134 |
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| 144 | | - | document authorized access to all official absentee ballots received from absentee135 |
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| 145 | | - | electors prior to the closing of the polls on the day of the primary or election except as136 |
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| 146 | | - | otherwise provided in this subsection.137 |
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| 147 | | - | (B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the138 |
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| 148 | | - | receipt of the ballot on its envelope. The registrar or clerk shall then compare the139 |
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| 149 | | - | number of the elector's Georgia driver's license number or state identification card140 |
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| 150 | | - | issued pursuant to Article 5 of Chapter 5 of Title 40 and date of birth entered on the141 |
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| 151 | | - | absentee ballot envelope with the same information contained in the elector's voter142 |
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| 152 | | - | registration records. If the elector has affirmed on the envelope that he or she does not143 |
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| 153 | | - | have a Georgia driver's license or state identification card issued pursuant to Article 5144 |
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| 154 | | - | - 6 - 24 LC 47 3080S |
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| 155 | | - | of Chapter 5 of Title 40, the registrar or clerk shall compare the last four digits of the145 |
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| 156 | | - | elector's social security number and date of birth entered on the envelope with the same146 |
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| 157 | | - | information contained in the elector's voter registration records. The registrar or clerk147 |
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| 158 | | - | shall also confirm that the elector signed the oath and the person assisting the elector,148 |
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| 159 | | - | if any, signed the required oath. If the elector has signed the elector's oath, the person149 |
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| 160 | | - | assisting has signed the required oath, if applicable, and the identifying information150 |
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| 161 | | - | entered on the absentee ballot envelope matches the same information contained in the151 |
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| 162 | | - | elector's voter registration record, the registrar or clerk shall so certify by signing or152 |
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| 163 | | - | initialing his or her name below the voter's oath. Each elector's name so certified shall153 |
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| 164 | | - | be listed by the registrar or clerk on the numbered list of absentee voters prepared for154 |
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| 165 | | - | his or her precinct. All accepted absentee ballots shall be securely stored in either a155 |
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| 166 | | - | sealed container or appropriately secured in an access controlled room that will prevent156 |
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| 167 | | - | tampering or unauthorized access prior to the scanning of such ballots.157 |
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| 168 | | - | (C) If the elector has failed to sign the oath, or if the identifying information entered158 |
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| 169 | | - | on the absentee ballot envelope does not match the same information appearing in the159 |
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| 170 | | - | elector's voter registration record, or if the elector has failed to furnish required160 |
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| 171 | | - | information or information so furnished does not conform with that on file in the161 |
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| 172 | | - | registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the162 |
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| 173 | | - | registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason163 |
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| 174 | | - | therefor. The board of registrars or absentee ballot clerk shall promptly notify the164 |
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| 175 | | - | elector of such rejection, a copy of which notification shall be retained in the files of165 |
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| 176 | | - | the board of registrars or absentee ballot clerk for at least two years. Such elector shall166 |
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| 177 | | - | have until the end of the period for verifying provisional ballots contained in167 |
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| 178 | | - | subsection (c) of Code Section 21-2-419 to cure the problem resulting in the rejection168 |
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| 179 | | - | of the ballot. The elector may cure a failure to sign the oath, nonmatching identifying169 |
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| 180 | | - | information, or missing information by submitting an affidavit to the board of registrars170 |
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| 181 | | - | or absentee ballot clerk along with a copy of one of the forms of identification171 |
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| 182 | | - | - 7 - 24 LC 47 3080S |
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| 183 | | - | enumerated in subsection (c) of Code Section 21-2-417 before the close of such period.172 |
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| 184 | | - | The affidavit shall affirm that the ballot was submitted by the elector, is the elector's173 |
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| 185 | | - | ballot, and that the elector is registered and qualified to vote in the primary, election,174 |
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| 186 | | - | or runoff in question. If the board of registrars or absentee ballot clerk finds the175 |
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| 187 | | - | affidavit and identification to be sufficient, the absentee ballot shall be counted.176 |
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| 188 | | - | (D) An elector who registered to vote by mail, but did not comply with subsection (c)177 |
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| 189 | | - | of Code Section 21-2-220, and who votes for the first time in this state by absentee178 |
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| 190 | | - | ballot shall include with his or her application for an absentee ballot or in the outer oath179 |
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| 191 | | - | envelope of his or her absentee ballot either one of the forms of identification listed in180 |
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| 192 | | - | subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank181 |
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| 193 | | - | statement, government check, paycheck, or other government document that shows the182 |
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| 194 | | - | name and address of such elector. If such elector does not provide any of the forms of183 |
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| 195 | | - | identification listed in this subparagraph with his or her application for an absentee184 |
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| 196 | | - | ballot or with the absentee ballot, such absentee ballot shall be deemed to be a185 |
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| 197 | | - | provisional ballot and such ballot shall only be counted if the registrars are able to186 |
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| 198 | | - | verify current and valid identification of the elector as provided in this subparagraph187 |
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| 199 | | - | within the time period for verifying provisional ballots pursuant to Code188 |
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| 200 | | - | Section 21-2-419. The board of registrars or absentee ballot clerk shall promptly notify189 |
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| 201 | | - | the elector that such ballot is deemed a provisional ballot and shall provide information190 |
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| 202 | | - | on the types of identification needed and how and when such identification is to be191 |
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| 203 | | - | submitted to the board of registrars or absentee ballot clerk to verify the ballot.192 |
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| 204 | | - | (E) Three copies of the numbered list of voters shall also be prepared for such rejected193 |
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| 205 | | - | absentee electors, giving the name of the elector and the reason for the rejection in each194 |
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| 206 | | - | case. Three copies of the numbered list of certified absentee voters and three copies of195 |
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| 207 | | - | the numbered list of rejected absentee voters for each precinct shall be turned over to196 |
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| 208 | | - | the poll manager in charge of counting the absentee ballots and shall be distributed as197 |
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| 209 | | - | required by law for numbered lists of voters.198 |
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| 210 | | - | - 8 - 24 LC 47 3080S |
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| 211 | | - | (F) All absentee ballots returned to the board or absentee ballot clerk after the closing199 |
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| 212 | | - | of the polls on the day of the primary or election shall be safely kept unopened by the200 |
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| 213 | | - | board or absentee ballot clerk and then transferred to the appropriate clerk with the201 |
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| 214 | | - | documentation provided for in subparagraph (a)(1)(A) of this Code section for storage202 |
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| 215 | | - | in a manner that will prevent tampering for the period of time required for the203 |
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| 216 | | - | preservation of ballots used at the primary or election and shall then, without being204 |
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| 217 | | - | opened, be destroyed in like manner as the used ballots of the primary or election. The205 |
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| 218 | | - | board of registrars or absentee ballot clerk shall promptly notify the elector by206 |
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| 219 | | - | first-class mail that the elector's ballot was returned too late to be counted and that the207 |
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| 220 | | - | elector will not receive credit for voting in the primary or election. All such late208 |
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| 221 | | - | absentee ballots shall be delivered to the appropriate clerk and stored as provided in209 |
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| 222 | | - | Code Section 21-2-390.210 |
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| 223 | | - | (G) Notwithstanding any provision of this chapter to the contrary, until the United211 |
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| 224 | | - | States Department of Defense notifies the Secretary of State that the Department of212 |
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| 225 | | - | Defense has implemented a system of expedited absentee voting for those electors213 |
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| 226 | | - | covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by214 |
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| 227 | | - | eligible absentee electors who reside outside the county or municipality in which the215 |
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| 228 | | - | primary, election, or runoff is held and are members of the armed forces of the United216 |
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| 229 | | - | States, members of the merchant marine of the United States, spouses or dependents of217 |
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| 230 | | - | members of the armed forces or merchant marine residing with or accompanying such218 |
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| 231 | | - | members, or overseas citizens that are postmarked by the date of such primary, election,219 |
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| 232 | | - | or runoff and are received within the three-day period following such primary, election,220 |
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| 233 | | - | or runoff, if proper in all other respects, shall be valid ballots and shall be counted and221 |
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| 234 | | - | included in the certified election results.222 |
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| 235 | | - | (2)(A) Beginning at 8:00 A.M. on the third Monday prior to the day of the primary,223 |
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| 236 | | - | election, or runoff, the election superintendent shall be authorized to open the outer oath224 |
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| 237 | | - | envelope of absentee ballots that have been verified and accepted pursuant to225 |
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| 238 | | - | - 9 - 24 LC 47 3080S |
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| 239 | | - | subparagraph (a)(1)(B) of this Code section, remove the contents of such outer226 |
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| 240 | | - | envelope, open the inner envelope marked 'Official Absentee Ballot,' and scan the227 |
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| 241 | | - | absentee ballot using one or more ballot scanners. At least three persons who are228 |
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| 242 | | - | registrars, deputy registrars, poll workers, or absentee ballot clerks must shall be present229 |
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| 243 | | - | before commencing; and three persons who are registrars, deputy registrars, or absentee230 |
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| 244 | | - | ballot clerks shall be present at all times while the sealed containers containing verified231 |
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| 245 | | - | and accepted absentee ballots are unsealed and verified for integrity, while the absentee232 |
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| 246 | | - | ballot envelopes are being opened, and while the absentee ballots are being scanned. 233 |
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| 247 | | - | However, no person shall tally, tabulate, estimate, or attempt to tally, tabulate, or234 |
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| 248 | | - | estimate or cause the ballot scanner or any other equipment to produce any tally or235 |
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| 249 | | - | tabulate, partial or otherwise, of the absentee ballots cast until the time for the closing236 |
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| 250 | | - | of the polls on the day of the primary, election, or runoff except as provided in this237 |
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| 251 | | - | Code section. Prior to beginning the process set forth in this paragraph, the238 |
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| 252 | | - | superintendent shall provide written notice to the Secretary of State in writing at least239 |
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| 253 | | - | seven days prior to processing and scanning absentee ballots. Such notice shall contain240 |
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| 254 | | - | the dates, start and end times, and location or locations where absentee ballots will be241 |
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| 255 | | - | processed and scanned. The superintendent shall also post such notice publicly in a242 |
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| 256 | | - | prominent location in the superintendent's office and on the home page of the county243 |
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| 257 | | - | election superintendent's website, if the county election superintendent maintains such244 |
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| 258 | | - | a website. The Secretary of State shall publish on his or her website the information245 |
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| 259 | | - | he or she receives from superintendents stating the dates, times, and locations where246 |
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| 260 | | - | absentee ballots will be processed.247 |
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| 261 | | - | (B) The proceedings set forth in this paragraph shall be open to the view of the public,248 |
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| 262 | | - | but no person except one employed and designated by the superintendent shall touch249 |
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| 263 | | - | any ballot or ballot container. Any person involved in processing and scanning250 |
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| 264 | | - | absentee ballots shall swear an oath, in the same form as the oath for poll officers251 |
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| 265 | | - | provided in Code Section 21-2-95, prior to beginning the processing and scanning of252 |
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| 266 | | - | - 10 - 24 LC 47 3080S |
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| 267 | | - | absentee ballots. The county executive committee or, if there is no organized county253 |
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| 268 | | - | executive committee, the state executive committee of each political party and political254 |
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| 269 | | - | body having candidates whose names appear on the ballot for such election shall have255 |
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| 270 | | - | the right to designate two persons and each independent and nonpartisan candidate256 |
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| 271 | | - | whose name appears on the ballot for such election shall have the right to designate one257 |
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| 272 | | - | person to act as monitors for such process. In the event that the only issue to be voted258 |
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| 273 | | - | upon in an election is a referendum question, the superintendent shall also notify in259 |
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| 274 | | - | writing the chief judge of the superior court of the county who shall appoint two260 |
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| 275 | | - | electors of the county to monitor such process. While viewing or monitoring the261 |
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| 276 | | - | process set forth in this paragraph, monitors and observers shall be prohibited from:262 |
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| 277 | | - | (i) In any way interfering with the processing or scanning of absentee ballots or the263 |
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| 278 | | - | conduct of the election;264 |
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| 279 | | - | (ii) Using or bringing into the room any photographic or other electronic monitoring265 |
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| 280 | | - | or recording devices, cellular telephones, or computers;266 |
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| 281 | | - | (iii) Engaging in any form of campaigning or campaign activity;267 |
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| 282 | | - | (iv) Taking any action that endangers the secrecy and security of the ballots;268 |
|---|
| 283 | | - | (v) Touching any ballot or ballot container;269 |
|---|
| 284 | | - | (vi) Tallying, tabulating, estimating, or attempting to tally, tabulate, or estimate,270 |
|---|
| 285 | | - | whether partial or otherwise, any of the votes on the absentee ballots cast; and271 |
|---|
| 286 | | - | (vii) Communicating any information that they see while monitoring the processing272 |
|---|
| 287 | | - | and scanning of the absentee ballots, whether intentionally or inadvertently, about any273 |
|---|
| 288 | | - | ballot, vote, or selection to anyone other than an election official who needs such274 |
|---|
| 289 | | - | information to lawfully carry out his or her official duties.275 |
|---|
| 290 | | - | (C) The State Election Board shall promulgate rules requiring reconciliation276 |
|---|
| 291 | | - | procedures; prompt and undelayed scanning of ballots after absentee ballot envelopes277 |
|---|
| 292 | | - | are opened; secrecy of election results prior to the closing of the polls on the day of a278 |
|---|
| 293 | | - | - 11 - 24 LC 47 3080S |
|---|
| 294 | | - | primary, election, or runoff; and other protections to protect the integrity of the process279 |
|---|
| 295 | | - | set forth in this paragraph.280 |
|---|
| 296 | | - | (D) At the conclusion of the scanning of ballots, such scanned ballots shall be stored281 |
|---|
| 297 | | - | in tamper-resistant containers sealed with numbered seals, the number of which shall282 |
|---|
| 298 | | - | be recorded on the chain of custody document specified by the Secretary of State, and283 |
|---|
| 299 | | - | such forms shall be signed by the person storing the ballots and the date and time of284 |
|---|
| 300 | | - | storage shall be entered on such forms.285 |
|---|
| 301 | | - | (3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on the286 |
|---|
| 302 | | - | day of the primary, election, or runoff begin tabulating the absentee ballots. If the county287 |
|---|
| 303 | | - | election superintendent chooses to open the inner envelopes and begin tabulating such288 |
|---|
| 304 | | - | ballots prior to the close of the polls on the day of the primary, election, or runoff, the289 |
|---|
| 305 | | - | superintendent shall notify in writing, at least seven days prior to the primary, election,290 |
|---|
| 306 | | - | or runoff, the Secretary of State of the superintendent's intent to begin the absentee ballot291 |
|---|
| 307 | | - | tabulation prior to the close of the polls. The county executive committee or, if there is292 |
|---|
| 308 | | - | no organized county executive committee, the state executive committee of each political293 |
|---|
| 309 | | - | party and political body having candidates whose names appear on the ballot for such294 |
|---|
| 310 | | - | election in such county shall have the right to designate two persons and each295 |
|---|
| 311 | | - | independent and nonpartisan candidate whose name appears on the ballot for such296 |
|---|
| 312 | | - | election in such county shall have the right to designate one person to act as monitors for297 |
|---|
| 313 | | - | such process. In the event that the only issue to be voted upon in an election is a298 |
|---|
| 314 | | - | referendum question, the superintendent shall also notify in writing the chief judge of the299 |
|---|
| 315 | | - | superior court of the county who shall appoint two electors of the county to monitor such300 |
|---|
| 316 | | - | process.301 |
|---|
| 317 | | - | (4) The county election superintendent shall publish a written notice in the302 |
|---|
| 318 | | - | superintendent's office of the superintendent's intent to begin the absentee ballot303 |
|---|
| 319 | | - | tabulation prior to the close of the polls and publish such notice at least one week prior304 |
|---|
| 320 | | - | to the primary, election, or runoff in the legal organ of the county.305 |
|---|
| 321 | | - | - 12 - 24 LC 47 3080S |
|---|
| 322 | | - | (5) The process for opening absentee ballot envelopes, scanning absentee ballots, and306 |
|---|
| 323 | | - | tabulating absentee ballots on the day of a primary, election, or runoff as provided in this307 |
|---|
| 324 | | - | subsection shall be conducted in a manner to maintain the secrecy of all ballots and to308 |
|---|
| 325 | | - | protect the disclosure of any balloting information before 7:00 P.M. on election day. No309 |
|---|
| 326 | | - | absentee ballots shall be tabulated before 7:00 A.M. on the day of a primary, election, or310 |
|---|
| 327 | | - | runoff.311 |
|---|
| 328 | | - | (6) All persons conducting the tabulation of absentee ballots during the day of a primary,312 |
|---|
| 329 | | - | election, or runoff, including the vote review panel required by Code Section 21-2-483,313 |
|---|
| 330 | | - | and all monitors and observers shall be sequestered until the time for the closing of the314 |
|---|
| 331 | | - | polls. All such persons shall have no contact with the news media; shall have no contact315 |
|---|
| 332 | | - | with other persons not involved in monitoring, observing, or conducting the tabulation;316 |
|---|
| 333 | | - | shall not use any type of communication device including radios, telephones, and cellular317 |
|---|
| 334 | | - | telephones; shall not utilize computers for the purpose of email, instant messaging, or318 |
|---|
| 335 | | - | other forms of communication; and shall not communicate any information concerning319 |
|---|
| 336 | | - | the tabulation until the time for the closing of the polls; provided, however, that320 |
|---|
| 337 | | - | supervisory and technical assistance personnel shall be permitted to enter and leave the321 |
|---|
| 338 | | - | area in which the tabulation is being conducted but shall not communicate any322 |
|---|
| 339 | | - | information concerning the tabulation to anyone other than the county election323 |
|---|
| 340 | | - | superintendent; the staff of the superintendent; those persons conducting, observing, or324 |
|---|
| 341 | | - | monitoring the tabulation; and those persons whose technical assistance is needed for the325 |
|---|
| 342 | | - | tabulation process to operate.326 |
|---|
| 343 | | - | (7) The absentee ballots shall be tabulated in accordance with the procedures of this327 |
|---|
| 344 | | - | chapter for the tabulation of absentee ballots. As such ballots are tabulated, they shall be328 |
|---|
| 345 | | - | placed into locked ballot boxes and may be transferred to locked ballot bags, if needed,329 |
|---|
| 346 | | - | for security. Such boxes or bags shall be sealed and witnessed and verified by each330 |
|---|
| 347 | | - | person taking custody of such items by each such person's signature and date and time331 |
|---|
| 348 | | - | of taking custody. The persons conducting the tabulation of the absentee ballots shall not332 |
|---|
| 349 | | - | - 13 - 24 LC 47 3080S |
|---|
| 350 | | - | cause the tabulating equipment to produce any count, partial or otherwise, of the absentee333 |
|---|
| 351 | | - | votes cast until the time for the closing of the polls except as otherwise provided in this334 |
|---|
| 352 | | - | Code section.335 |
|---|
| 353 | | - | (b) When requested by the superintendent, but not earlier than the third Monday prior to336 |
|---|
| 354 | | - | a primary, election, or runoff, a registrar or absentee ballot clerk shall deliver the official337 |
|---|
| 355 | | - | absentee ballot of each certified absentee elector, each rejected absentee ballot, applications338 |
|---|
| 356 | | - | for such ballots, and copies of the numbered lists of certified and rejected absentee electors339 |
|---|
| 357 | | - | to the location designated by the superintendent in secure, sealed containers with the chain340 |
|---|
| 358 | | - | of custody documents as specified by the Secretary of State and the signature and date and341 |
|---|
| 359 | | - | time of the person taking custody, and the superintendent or official receiving such342 |
|---|
| 360 | | - | absentee ballots shall issue his or her receipt therefor.343 |
|---|
| 361 | | - | (c) The superintendent shall cause the verified and accepted absentee ballots to be opened344 |
|---|
| 362 | | - | and tabulated as provided in this Code section. A manager shall then open the outer345 |
|---|
| 363 | | - | envelope in such manner as not to destroy the oath printed thereon and shall deposit the346 |
|---|
| 364 | | - | inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee347 |
|---|
| 365 | | - | ballots with an accompanying chain of custody documentation. Such ballot box shall be348 |
|---|
| 366 | | - | securely sealed if it is not in the direct control of the poll officers or if it is transferred to349 |
|---|
| 367 | | - | a different room or facility for tabulation. In the event that an outer envelope is found to350 |
|---|
| 368 | | - | contain an absentee ballot that is not in an inner envelope, the ballot shall be sealed in an351 |
|---|
| 369 | | - | inner envelope, initialed and dated by the person sealing the inner envelope, and deposited352 |
|---|
| 370 | | - | in the ballot box and counted in the same manner as other absentee ballots, provided that353 |
|---|
| 371 | | - | such ballot is otherwise proper. Such manager with two assistant managers, appointed by354 |
|---|
| 372 | | - | the superintendent, with such clerks as the manager deems necessary shall count the355 |
|---|
| 373 | | - | absentee ballots following the procedures prescribed by this chapter for other ballots,356 |
|---|
| 374 | | - | insofar as practicable.357 |
|---|
| 375 | | - | (d) All absentee ballots shall be counted and tabulated in such a manner that returns may358 |
|---|
| 376 | | - | be reported by precinct; and separate returns shall be made for each precinct in which359 |
|---|
| 377 | | - | - 14 - 24 LC 47 3080S |
|---|
| 378 | | - | absentee ballots were cast showing the results by each precinct in which the electors reside.360 |
|---|
| 379 | | - | The superintendent shall utilize the procedures set forth in this Code section to ensure that361 |
|---|
| 380 | | - | the returns of verified and accepted absentee ballots cast are reported to the public as soon362 |
|---|
| 381 | | - | as possible following the closing of the polls on the day of the primary, election, or runoff.363 |
|---|
| 382 | | - | Failure to utilize these procedures to ensure that the returns of verified and accepted364 |
|---|
| 383 | | - | absentee ballots are reported as soon as possible following the close of polls shall subject365 |
|---|
| 384 | | - | the superintendent to sanctions by the State Election Board. If a superintendent fails to366 |
|---|
| 385 | | - | report the returns of verified and accepted absentee ballots by the day following the367 |
|---|
| 386 | | - | election at 5:00 P.M., the State Election Board may convene an independent performance368 |
|---|
| 387 | | - | review board pursuant to Code Section 21-2-107.369 |
|---|
| 388 | | - | (e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall370 |
|---|
| 389 | | - | write 'Challenged,' the elector's name, and the alleged cause of challenge on the outer371 |
|---|
| 390 | | - | envelope and shall deposit the ballot in a secure, sealed ballot box for which there shall be372 |
|---|
| 391 | | - | a chain of custody document as specified by the Secretary of State on which is recorded373 |
|---|
| 392 | | - | and witnessed the name and signature of each person taking custody of such ballots; and374 |
|---|
| 393 | | - | it shall be counted as other challenged ballots are counted. Where direct recording375 |
|---|
| 394 | | - | electronic voting systems are used for absentee balloting and a challenge to an elector's376 |
|---|
| 395 | | - | right to vote is made prior to the time that the elector votes, the elector shall vote on a paper377 |
|---|
| 396 | | - | or optical scanning ballot and such ballot shall be handled as provided in this subsection. 378 |
|---|
| 397 | | - | The board of registrars or absentee ballot clerk shall promptly notify the elector of such379 |
|---|
| 398 | | - | challenge.380 |
|---|
| 399 | | - | (f) It shall be unlawful at any time prior to the close of the polls for any person to disclose381 |
|---|
| 400 | | - | or for any person to receive any information regarding the results of the tabulation of382 |
|---|
| 401 | | - | absentee ballots except as expressly provided by law."383 |
|---|
| 402 | | - | - 15 - 24 LC 47 3080S |
|---|
| 403 | | - | SECTION 5.384 |
|---|
| 404 | | - | Said chapter is further amended in Code Section 21-2-493, relating to computation,385 |
|---|
| 405 | | - | canvassing, and tabulation of returns, investigation of discrepancies in vote counts, recount386 |
|---|
| 406 | | - | procedure, pilot program for posting of digital images of scanned paper ballots, certification387 |
|---|
| 407 | | - | of returns, and change in returns, by adding a new subsection to read as follows:388 |
|---|
| 408 | | - | "(j.2)(1) In the event that a superintendent receives a request pursuant to Code389 |
|---|
| 409 | | - | Section 50-18-71 for scanned ballot images at a resolution higher than the ballot images390 |
|---|
| 410 | | - | available from the Secretary of State pursuant to subsection (j.1) of this Code section, and391 |
|---|
| 411 | | - | such request is received following the final certification of the results of the election in392 |
|---|
| 412 | | - | which such ballots were created, the superintendent shall, consistent with Code393 |
|---|
| 413 | | - | Section 50-18-71, produce digital scans of the requested ballots at a resolution of no less394 |
|---|
| 414 | | - | than 600 dots per inch and deliver such scans to the requestor. A person making a request395 |
|---|
| 415 | | - | pursuant to this subsection may observe the scanning and related handling process, but396 |
|---|
| 416 | | - | under no circumstances shall anyone other than an authorized election official touch or397 |
|---|
| 417 | | - | handle a physical ballot.398 |
|---|
| 418 | | - | (2) Notwithstanding any seal provided for by Code Section 21-2-500, a superintendent399 |
|---|
| 419 | | - | shall have access to the ballots cast within its jurisdiction so as to comply with the400 |
|---|
| 420 | | - | provisions of this subsection. Upon receiving a request pursuant to this subsection, the401 |
|---|
| 421 | | - | superintendent shall notify the clerk of the superior court or, if designated by the clerk of402 |
|---|
| 422 | | - | the superior court, the county records manager or other office or official under the403 |
|---|
| 423 | | - | jurisdiction of a county governing authority which maintains or is responsible for404 |
|---|
| 424 | | - | maintaining such sealed ballots, and such official or office that maintains such requested405 |
|---|
| 425 | | - | ballot shall provide the superintendent access to such ballot without the need for406 |
|---|
| 426 | | - | obtaining a court order. All ballots provided to a superintendent pursuant to this407 |
|---|
| 427 | | - | paragraph shall be immediately returned by such superintendent to the official or office408 |
|---|
| 428 | | - | that maintains such ballots upon the scanning of such ballot."409 |
|---|
| 429 | | - | - 16 - 24 LC 47 3080S |
|---|
| 430 | | - | SECTION 5.1.410 |
|---|
| 431 | | - | Said chapter is further amended in Code Section 21-2-540, relating to conduct of special411 |
|---|
| 432 | | - | primaries and special elections generally, by revising subsection (b) as follows:412 |
|---|
| 433 | | - | "(b) At least 29 days shall intervene between the call of a special primary and the holding413 |
|---|
| 434 | | - | of same, and at least 29 days shall intervene between the call of a special election and the414 |
|---|
| 435 | | - | holding of same. The period during which candidates may qualify to run in a special415 |
|---|
| 436 | | - | primary or a special election shall remain open for a minimum of two and one-half days. 416 |
|---|
| 437 | | - | Special primaries and special elections to present questions to the voters which are to be417 |
|---|
| 438 | | - | held in conjunction with the presidential preference primary, a state-wide general primary,418 |
|---|
| 439 | | - | or state-wide general election shall be called at least 90 days prior to the date of such419 |
|---|
| 440 | | - | presidential preference primary, state-wide general primary, or state-wide general election;420 |
|---|
| 441 | | - | provided, however, that this requirement shall not apply to special primaries and special421 |
|---|
| 442 | | - | elections to present questions to the voters held on the same date as such presidential422 |
|---|
| 443 | | - | preference primary, state-wide general primary, or state-wide general election but423 |
|---|
| 444 | | - | conducted completely separate and apart from such state-wide general primary or424 |
|---|
| 445 | | - | state-wide general election using different ballots or voting equipment, facilities, poll425 |
|---|
| 446 | | - | workers, and paperwork."426 |
|---|
| 447 | | - | SECTION 6.427 |
|---|
| 448 | | - | (a) This section and Sections 5.1 and 7 of this Act shall become effective upon its approval428 |
|---|
| 449 | | - | by the Governor or upon its becoming law without such approval.429 |
|---|
| 450 | | - | (b) Sections 4 and 5 of this Act shall become effective on January 1, 2025.430 |
|---|
| 451 | | - | (c) Except as provided in subsections (a) or (b) of this section, this provisions of this Act431 |
|---|
| 452 | | - | shall become effective on July 1, 2024.432 |
|---|
| 453 | | - | SECTION 7.433 |
|---|
| 454 | | - | All laws and parts of laws in conflict with this Act are repealed.434 |
|---|
| 455 | | - | - 17 - |
|---|
| 17 | + | To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to |
|---|
| 18 | + | 1 |
|---|
| 19 | + | primaries and elections generally, so as to provide that ballots used in optical scan voting2 |
|---|
| 20 | + | systems shall use paper with a visible watermark security feature; to provide that ballots used3 |
|---|
| 21 | + | in ballot marking devices shall use paper with a visible watermark security feature; to4 |
|---|
| 22 | + | provide for related matters; to repeal conflicting laws; and for other purposes.5 |
|---|
| 23 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
|---|
| 24 | + | SECTION 1.7 |
|---|
| 25 | + | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and8 |
|---|
| 26 | + | elections generally, is amended by revising Code Section 21-2-372, relating to ballot9 |
|---|
| 27 | + | descriptions, as follows:10 |
|---|
| 28 | + | "21-2-372. 11 |
|---|
| 29 | + | Ballots shall be of suitable design, size, and stock to permit processing by a ballot scanner12 |
|---|
| 30 | + | and shall be printed in black ink on clear, white, or colored material. Other than ballots13 |
|---|
| 31 | + | delivered electronically to qualified electors who are entitled to vote by absentee ballot14 |
|---|
| 32 | + | under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C.15 |
|---|
| 33 | + | Section 20301, et seq., the ballots shall be printed on security paper that incorporates16 |
|---|
| 34 | + | H. B. 976 |
|---|
| 35 | + | - 1 - 24 LC 47 2682 |
|---|
| 36 | + | features which can be used to authenticate the ballot as an official ballot but which do not |
|---|
| 37 | + | 17 |
|---|
| 38 | + | make the ballot identifiable to a particular elector, provided that at least one such feature |
|---|
| 39 | + | 18 |
|---|
| 40 | + | is a visible watermark that identifies the ballot as an official Georgia ballot."19 |
|---|
| 41 | + | SECTION 2.20 |
|---|
| 42 | + | Said chapter is further amended in Code Section 21-2-379.23, relating to requirements for21 |
|---|
| 43 | + | ballot display, role of Secretary of State, and printed paper ballot controls during recount, by22 |
|---|
| 44 | + | revising subsection (b) as follows:23 |
|---|
| 45 | + | "(b) The form and arrangement of ballots marked and printed by an electronic ballot24 |
|---|
| 46 | + | marker shall be prescribed by the Secretary of State; provided, however, that such ballots25 |
|---|
| 47 | + | shall be printed on security paper that incorporates features which can be used to26 |
|---|
| 48 | + | authenticate the ballot as an official ballot but which do not make the ballot identifiable to27 |
|---|
| 49 | + | a particular elector; provided, further, that at least one such feature is a visible watermark28 |
|---|
| 50 | + | that identifies the ballot as an official Georgia ballot."29 |
|---|
| 51 | + | SECTION 3.30 |
|---|
| 52 | + | All laws and parts of laws in conflict with this Act are repealed.31 |
|---|
| 53 | + | H. B. 976 |
|---|
| 54 | + | - 2 - |
|---|