24 LC 47 3080S
The Senate Committee on Ethics offered the following substitute to HB 976:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to 1
primaries and elections generally, so as to revise provisions for determining residency for2
election purposes; to revise provisions related to challenging electors; to provide for chain3
of custody and related procedures for absentee ballots; to provide procedures for requesting4
high resolution scanned images of ballots; to revise a timing limitation on holding certain5
special elections in conjunction with certain state-wide primaries or elections; to provide for6
related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and10
primaries generally, is amended by revising Code Section 21-2-217, relating to rules for11
determining residence, as follows:12
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"21-2-217.13
(a) In determining the residence of a person desiring to register to vote or to qualify to run14
for elective office, the following rules shall be followed so far as they are applicable:15
(1) The residence of any person shall be held to be in that place in which such person's16
habitation is fixed, without any present intention of removing therefrom;17
(1.1) The mailing address for election purposes of any person of this state who is18
homeless and without a permanent address shall be the registrar's office of the county in19
which such person resides;20
(2) A person shall not be considered to have lost such person's residence who leaves such21
person's home and goes into another state or county or municipality in this state, for22
temporary purposes only, with the intention of returning, unless such person shall register23
to vote or perform other acts indicating a desire to change such person's citizenship and24
residence; provided, however, that:25
(A) If a person registers to vote in another state, county, municipality, or legislative26
district of any type or sort, that person shall be deemed to have changed his or her27
residency;28
(B) If a person returns to his or her original or new residence after voting or registering29
to vote in a different or separate jurisdiction, such person shall update their voter30
registration with their current residency jurisdiction in order to be deemed a valid31
registered elector and resident of such jurisdiction for voting purposes; and32
(C) Proof of ownership or rental of a post office box or private mailbox service address33
within a particular jurisdiction shall not constitute sufficient grounds to establish a34
person's residency within that particular jurisdiction;35
(3) A person shall not be considered to have gained a residence in any county or36
municipality of this state into which such person has come for temporary purposes only37
without the intention of making such county or municipality such person's permanent38
place of abode;39
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(4) If a person removes to another state with the intention of making it such person's40
residence, such person shall be considered to have lost such person's residence in this41
state;42
(4.1) If a person removes to another county or municipality in this state with the43
intention of making it such person’s residence, such person shall be considered to have44
lost such person's residence in the former county or municipality in this state;45
(5) If a person removes to another state with the intention of remaining there an46
indefinite time and making such state such person's place of residence, such person shall47
be considered to have lost such person's residence in this state, notwithstanding that such48
person may intend to return at some indefinite future period;49
(6) If a person removes to another county or municipality within this state with the50
intention of remaining there an indefinite time and making such other county or51
municipality such person's place of residence, such person shall be considered to have52
lost such person's residence in the former county or municipality, notwithstanding that53
such person may intend to return at some indefinite future period;54
(7) The residence for voting purposes of a person shall not be required to be the same as55
the residence for voting purposes of his or her spouse;56
(8) No person shall be deemed to have gained or lost a residence by reason of such57
person's presence or absence while enrolled as a student at any college, university, or58
other institution of learning in this state;59
(9) The mere intention to acquire a new residence, without the fact of removal, shall60
avail nothing; neither shall the fact of removal without the intention;61
(10) No member of the armed forces of the United States shall be deemed to have62
acquired a residence in this state by reason of being stationed on duty in this state;63
(11) If a person removes to the District of Columbia or other federal territory, another64
state, or foreign country to engage in government service, such person shall not be65
considered to have lost such person's residence in this state during the period of such66
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service; and the place where the person resided at the time of such person's removal shall67
be considered and held to be such person's place of residence;68
(12) If a person is adjudged mentally ill and is committed to an institution for the69
mentally ill, such person shall not be considered to have gained a residence in the county70
in which the institution to which such person is committed is located;71
(13) If a person goes into another state and while there exercises the right of a citizen by72
voting, such person shall be considered to have lost such person's residence in this state;73
(14) The specific address in the county or municipality in which a person has declared74
a homestead exemption, if a homestead exemption has been claimed, shall be deemed the75
person's residence address; and76
(15) For voter registration purposes, the board of registrars and, for candidacy residency77
purposes, the Secretary of State, election superintendent, or hearing officer may consider78
evidence of where the person receives significant mail such as personal bills and any79
other evidence that indicates where the person resides.80
(b) In determining a voter's qualification to register and vote, the registrars to whom such81
application is made shall consider, in addition to the applicant's expressed intent, any82
relevant circumstances determining the applicant's residence. The registrars taking such83
registration may consider the applicant's financial independence, business pursuits,84
employment, income sources, residence for income tax purposes, age, marital status,85
residence of parents, spouse, and children, if any, leaseholds, sites of personal and real86
property owned by the applicant, motor vehicle and other personal property registration,87
National Change of Address program information sponsored by the United States Postal88
Service, and other such factors that the registrars may reasonably deem necessary to89
determine the qualification of an applicant to vote in a primary or election. The decision90
of the registrars to whom such application is made shall be presumptive evidence of a91
person's residence for voting purposes."92
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SECTION 2.93
Reserved.94
SECTION 3.95
Said chapter is further amended by revising subsection (b) of Code Section 21-2-230, relating96
to challenge of persons on list of electors by other electors, procedure, hearing, and right of97
appeal, and by adding a new subsection to read as follows:98
"(b) Upon the filing of such challenge, the board of registrars shall immediately consider99
such challenge and determine whether probable cause exists to sustain such challenge. If100
the registrars do not find probable cause, the challenge shall be denied. If the registrars101
find probable cause, the registrars shall notify the poll officers of the challenged elector's102
precinct or, if the challenged elector voted by absentee ballot, notify the poll officers at the103
absentee ballot precinct and, if practical, notify the challenged elector and afford such104
elector an opportunity to answer. Probable causes shall include, but not be limited to, an105
elector who is deceased; an elector voting or registering to vote in a different jurisdiction;106
an elector obtaining a homestead exemption in a different jurisdiction; or an elector being107
registered at a nonresidential address as confirmed or listed by or in a government office,108
data base, website, or publicly available sources derived solely from such governmental109
sources. If a challenged elector's name appears on the National Change of Address data110
base, as maintained by the United States Postal Service, as having changed such elector's111
residence to a different jurisdiction, the presence of such elector's name on such data base112
shall be insufficient cause to sustain the challenge against the elector unless additional113
evidence would indicate that the elector has lost his or her residency as determined114
pursuant to Code Section 21-2-217; provided, however, that:115
(1) Any challenge of an elector within 45 days of a primary, run-off primary, election,116
or run-off election shall be postponed until the certification of such primary, election, or117
runoff is completed; and118
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(2) Any challenge of an elector who is determined eligible pursuant to the residency119
determinations provided for in paragraph (8), (10), or (11) of subsection (a) of Code120
Section 21-2-217 shall be deemed insufficient to sustain such challenge."121
"(k) Any challenge of an elector that occurs during a primary or general election shall122
continue through the run-off primary or run-off election of such primary or general123
election."124
SECTION 4.125
Said chapter is further amended by revising Code Section 21-2-386, relating to safekeeping,126
certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to127
location designated by superintendent, duties of superintendent and managers, precinct128
returns, report of returns of verified and accepted absentee ballots cast as soon as possible129
following closing of polls, notification of challenged elector, and unlawful disclosure of130
tabulation results, as follows:131
"21-2-386.132
(a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely, unopened,133
and stored in a manner that will prevent tampering and unauthorized access to and shall134
document authorized access to all official absentee ballots received from absentee135
electors prior to the closing of the polls on the day of the primary or election except as136
otherwise provided in this subsection.137
(B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the138
receipt of the ballot on its envelope. The registrar or clerk shall then compare the139
number of the elector's Georgia driver's license number or state identification card140
issued pursuant to Article 5 of Chapter 5 of Title 40 and date of birth entered on the141
absentee ballot envelope with the same information contained in the elector's voter142
registration records. If the elector has affirmed on the envelope that he or she does not143
have a Georgia driver's license or state identification card issued pursuant to Article 5144
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of Chapter 5 of Title 40, the registrar or clerk shall compare the last four digits of the145
elector's social security number and date of birth entered on the envelope with the same146
information contained in the elector's voter registration records. The registrar or clerk147
shall also confirm that the elector signed the oath and the person assisting the elector,148
if any, signed the required oath. If the elector has signed the elector's oath, the person149
assisting has signed the required oath, if applicable, and the identifying information150
entered on the absentee ballot envelope matches the same information contained in the151
elector's voter registration record, the registrar or clerk shall so certify by signing or152
initialing his or her name below the voter's oath. Each elector's name so certified shall153
be listed by the registrar or clerk on the numbered list of absentee voters prepared for154
his or her precinct. All accepted absentee ballots shall be securely stored in either a155
sealed container or appropriately secured in an access controlled room that will prevent156
tampering or unauthorized access prior to the scanning of such ballots.157
(C) If the elector has failed to sign the oath, or if the identifying information entered158
on the absentee ballot envelope does not match the same information appearing in the159
elector's voter registration record, or if the elector has failed to furnish required160
information or information so furnished does not conform with that on file in the161
registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the162
registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason163
therefor. The board of registrars or absentee ballot clerk shall promptly notify the164
elector of such rejection, a copy of which notification shall be retained in the files of165
the board of registrars or absentee ballot clerk for at least two years. Such elector shall166
have until the end of the period for verifying provisional ballots contained in167
subsection (c) of Code Section 21-2-419 to cure the problem resulting in the rejection168
of the ballot. The elector may cure a failure to sign the oath, nonmatching identifying169
information, or missing information by submitting an affidavit to the board of registrars170
or absentee ballot clerk along with a copy of one of the forms of identification171
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enumerated in subsection (c) of Code Section 21-2-417 before the close of such period.172
The affidavit shall affirm that the ballot was submitted by the elector, is the elector's173
ballot, and that the elector is registered and qualified to vote in the primary, election,174
or runoff in question. If the board of registrars or absentee ballot clerk finds the175
affidavit and identification to be sufficient, the absentee ballot shall be counted.176
(D) An elector who registered to vote by mail, but did not comply with subsection (c)177
of Code Section 21-2-220, and who votes for the first time in this state by absentee178
ballot shall include with his or her application for an absentee ballot or in the outer oath179
envelope of his or her absentee ballot either one of the forms of identification listed in180
subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank181
statement, government check, paycheck, or other government document that shows the182
name and address of such elector. If such elector does not provide any of the forms of183
identification listed in this subparagraph with his or her application for an absentee184
ballot or with the absentee ballot, such absentee ballot shall be deemed to be a185
provisional ballot and such ballot shall only be counted if the registrars are able to186
verify current and valid identification of the elector as provided in this subparagraph187
within the time period for verifying provisional ballots pursuant to Code188
Section 21-2-419. The board of registrars or absentee ballot clerk shall promptly notify189
the elector that such ballot is deemed a provisional ballot and shall provide information190
on the types of identification needed and how and when such identification is to be191
submitted to the board of registrars or absentee ballot clerk to verify the ballot.192
(E) Three copies of the numbered list of voters shall also be prepared for such rejected193
absentee electors, giving the name of the elector and the reason for the rejection in each194
case. Three copies of the numbered list of certified absentee voters and three copies of195
the numbered list of rejected absentee voters for each precinct shall be turned over to196
the poll manager in charge of counting the absentee ballots and shall be distributed as197
required by law for numbered lists of voters.198
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(F) All absentee ballots returned to the board or absentee ballot clerk after the closing199
of the polls on the day of the primary or election shall be safely kept unopened by the200
board or absentee ballot clerk and then transferred to the appropriate clerk with the201
documentation provided for in subparagraph (a)(1)(A) of this Code section for storage202
in a manner that will prevent tampering for the period of time required for the203
preservation of ballots used at the primary or election and shall then, without being204
opened, be destroyed in like manner as the used ballots of the primary or election. The205
board of registrars or absentee ballot clerk shall promptly notify the elector by206
first-class mail that the elector's ballot was returned too late to be counted and that the207
elector will not receive credit for voting in the primary or election. All such late208
absentee ballots shall be delivered to the appropriate clerk and stored as provided in209
Code Section 21-2-390.210
(G) Notwithstanding any provision of this chapter to the contrary, until the United211
States Department of Defense notifies the Secretary of State that the Department of212
Defense has implemented a system of expedited absentee voting for those electors213
covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by214
eligible absentee electors who reside outside the county or municipality in which the215
primary, election, or runoff is held and are members of the armed forces of the United216
States, members of the merchant marine of the United States, spouses or dependents of217
members of the armed forces or merchant marine residing with or accompanying such218
members, or overseas citizens that are postmarked by the date of such primary, election,219
or runoff and are received within the three-day period following such primary, election,220
or runoff, if proper in all other respects, shall be valid ballots and shall be counted and221
included in the certified election results.222
(2)(A) Beginning at 8:00 A.M. on the third Monday prior to the day of the primary,223
election, or runoff, the election superintendent shall be authorized to open the outer oath224
envelope of absentee ballots that have been verified and accepted pursuant to225
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subparagraph (a)(1)(B) of this Code section, remove the contents of such outer226
envelope, open the inner envelope marked 'Official Absentee Ballot,' and scan the227
absentee ballot using one or more ballot scanners. At least three persons who are228
registrars, deputy registrars, poll workers, or absentee ballot clerks must shall be present229
before commencing; and three persons who are registrars, deputy registrars, or absentee230
ballot clerks shall be present at all times while the sealed containers containing verified231
and accepted absentee ballots are unsealed and verified for integrity, while the absentee232
ballot envelopes are being opened, and while the absentee ballots are being scanned. 233
However, no person shall tally, tabulate, estimate, or attempt to tally, tabulate, or234
estimate or cause the ballot scanner or any other equipment to produce any tally or235
tabulate, partial or otherwise, of the absentee ballots cast until the time for the closing236
of the polls on the day of the primary, election, or runoff except as provided in this237
Code section. Prior to beginning the process set forth in this paragraph, the238
superintendent shall provide written notice to the Secretary of State in writing at least239
seven days prior to processing and scanning absentee ballots. Such notice shall contain240
the dates, start and end times, and location or locations where absentee ballots will be241
processed and scanned. The superintendent shall also post such notice publicly in a242
prominent location in the superintendent's office and on the home page of the county243
election superintendent's website, if the county election superintendent maintains such244
a website. The Secretary of State shall publish on his or her website the information245
he or she receives from superintendents stating the dates, times, and locations where246
absentee ballots will be processed.247
(B) The proceedings set forth in this paragraph shall be open to the view of the public,248
but no person except one employed and designated by the superintendent shall touch249
any ballot or ballot container. Any person involved in processing and scanning250
absentee ballots shall swear an oath, in the same form as the oath for poll officers251
provided in Code Section 21-2-95, prior to beginning the processing and scanning of252
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absentee ballots. The county executive committee or, if there is no organized county253
executive committee, the state executive committee of each political party and political254
body having candidates whose names appear on the ballot for such election shall have255
the right to designate two persons and each independent and nonpartisan candidate256
whose name appears on the ballot for such election shall have the right to designate one257
person to act as monitors for such process. In the event that the only issue to be voted258
upon in an election is a referendum question, the superintendent shall also notify in259
writing the chief judge of the superior court of the county who shall appoint two260
electors of the county to monitor such process. While viewing or monitoring the261
process set forth in this paragraph, monitors and observers shall be prohibited from:262
(i) In any way interfering with the processing or scanning of absentee ballots or the263
conduct of the election;264
(ii) Using or bringing into the room any photographic or other electronic monitoring265
or recording devices, cellular telephones, or computers;266
(iii) Engaging in any form of campaigning or campaign activity;267
(iv) Taking any action that endangers the secrecy and security of the ballots;268
(v) Touching any ballot or ballot container;269
(vi) Tallying, tabulating, estimating, or attempting to tally, tabulate, or estimate,270
whether partial or otherwise, any of the votes on the absentee ballots cast; and271
(vii) Communicating any information that they see while monitoring the processing272
and scanning of the absentee ballots, whether intentionally or inadvertently, about any273
ballot, vote, or selection to anyone other than an election official who needs such274
information to lawfully carry out his or her official duties.275
(C) The State Election Board shall promulgate rules requiring reconciliation276
procedures; prompt and undelayed scanning of ballots after absentee ballot envelopes277
are opened; secrecy of election results prior to the closing of the polls on the day of a278
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primary, election, or runoff; and other protections to protect the integrity of the process279
set forth in this paragraph.280
(D) At the conclusion of the scanning of ballots, such scanned ballots shall be stored281
in tamper-resistant containers sealed with numbered seals, the number of which shall282
be recorded on the chain of custody document specified by the Secretary of State, and283
such forms shall be signed by the person storing the ballots and the date and time of284
storage shall be entered on such forms.285
(3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on the286
day of the primary, election, or runoff begin tabulating the absentee ballots. If the county287
election superintendent chooses to open the inner envelopes and begin tabulating such288
ballots prior to the close of the polls on the day of the primary, election, or runoff, the289
superintendent shall notify in writing, at least seven days prior to the primary, election,290
or runoff, the Secretary of State of the superintendent's intent to begin the absentee ballot291
tabulation prior to the close of the polls. The county executive committee or, if there is292
no organized county executive committee, the state executive committee of each political293
party and political body having candidates whose names appear on the ballot for such294
election in such county shall have the right to designate two persons and each295
independent and nonpartisan candidate whose name appears on the ballot for such296
election in such county shall have the right to designate one person to act as monitors for297
such process. In the event that the only issue to be voted upon in an election is a298
referendum question, the superintendent shall also notify in writing the chief judge of the299
superior court of the county who shall appoint two electors of the county to monitor such300
process.301
(4) The county election superintendent shall publish a written notice in the302
superintendent's office of the superintendent's intent to begin the absentee ballot303
tabulation prior to the close of the polls and publish such notice at least one week prior304
to the primary, election, or runoff in the legal organ of the county.305
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(5) The process for opening absentee ballot envelopes, scanning absentee ballots, and306
tabulating absentee ballots on the day of a primary, election, or runoff as provided in this307
subsection shall be conducted in a manner to maintain the secrecy of all ballots and to308
protect the disclosure of any balloting information before 7:00 P.M. on election day. No309
absentee ballots shall be tabulated before 7:00 A.M. on the day of a primary, election, or310
runoff.311
(6) All persons conducting the tabulation of absentee ballots during the day of a primary,312
election, or runoff, including the vote review panel required by Code Section 21-2-483,313
and all monitors and observers shall be sequestered until the time for the closing of the314
polls. All such persons shall have no contact with the news media; shall have no contact315
with other persons not involved in monitoring, observing, or conducting the tabulation;316
shall not use any type of communication device including radios, telephones, and cellular317
telephones; shall not utilize computers for the purpose of email, instant messaging, or318
other forms of communication; and shall not communicate any information concerning319
the tabulation until the time for the closing of the polls; provided, however, that320
supervisory and technical assistance personnel shall be permitted to enter and leave the321
area in which the tabulation is being conducted but shall not communicate any322
information concerning the tabulation to anyone other than the county election323
superintendent; the staff of the superintendent; those persons conducting, observing, or324
monitoring the tabulation; and those persons whose technical assistance is needed for the325
tabulation process to operate.326
(7) The absentee ballots shall be tabulated in accordance with the procedures of this327
chapter for the tabulation of absentee ballots. As such ballots are tabulated, they shall be328
placed into locked ballot boxes and may be transferred to locked ballot bags, if needed,329
for security. Such boxes or bags shall be sealed and witnessed and verified by each330
person taking custody of such items by each such person's signature and date and time331
of taking custody. The persons conducting the tabulation of the absentee ballots shall not332
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cause the tabulating equipment to produce any count, partial or otherwise, of the absentee333
votes cast until the time for the closing of the polls except as otherwise provided in this334
Code section.335
(b) When requested by the superintendent, but not earlier than the third Monday prior to336
a primary, election, or runoff, a registrar or absentee ballot clerk shall deliver the official337
absentee ballot of each certified absentee elector, each rejected absentee ballot, applications338
for such ballots, and copies of the numbered lists of certified and rejected absentee electors339
to the location designated by the superintendent in secure, sealed containers with the chain340
of custody documents as specified by the Secretary of State and the signature and date and341
time of the person taking custody, and the superintendent or official receiving such342
absentee ballots shall issue his or her receipt therefor.343
(c) The superintendent shall cause the verified and accepted absentee ballots to be opened344
and tabulated as provided in this Code section. A manager shall then open the outer345
envelope in such manner as not to destroy the oath printed thereon and shall deposit the346
inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee347
ballots with an accompanying chain of custody documentation. Such ballot box shall be348
securely sealed if it is not in the direct control of the poll officers or if it is transferred to349
a different room or facility for tabulation. In the event that an outer envelope is found to350
contain an absentee ballot that is not in an inner envelope, the ballot shall be sealed in an351
inner envelope, initialed and dated by the person sealing the inner envelope, and deposited352
in the ballot box and counted in the same manner as other absentee ballots, provided that353
such ballot is otherwise proper. Such manager with two assistant managers, appointed by354
the superintendent, with such clerks as the manager deems necessary shall count the355
absentee ballots following the procedures prescribed by this chapter for other ballots,356
insofar as practicable.357
(d) All absentee ballots shall be counted and tabulated in such a manner that returns may358
be reported by precinct; and separate returns shall be made for each precinct in which359
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absentee ballots were cast showing the results by each precinct in which the electors reside.360
The superintendent shall utilize the procedures set forth in this Code section to ensure that361
the returns of verified and accepted absentee ballots cast are reported to the public as soon362
as possible following the closing of the polls on the day of the primary, election, or runoff.363
Failure to utilize these procedures to ensure that the returns of verified and accepted364
absentee ballots are reported as soon as possible following the close of polls shall subject365
the superintendent to sanctions by the State Election Board. If a superintendent fails to366
report the returns of verified and accepted absentee ballots by the day following the367
election at 5:00 P.M., the State Election Board may convene an independent performance368
review board pursuant to Code Section 21-2-107.369
(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall370
write 'Challenged,' the elector's name, and the alleged cause of challenge on the outer371
envelope and shall deposit the ballot in a secure, sealed ballot box for which there shall be372
a chain of custody document as specified by the Secretary of State on which is recorded373
and witnessed the name and signature of each person taking custody of such ballots; and374
it shall be counted as other challenged ballots are counted. Where direct recording375
electronic voting systems are used for absentee balloting and a challenge to an elector's376
right to vote is made prior to the time that the elector votes, the elector shall vote on a paper377
or optical scanning ballot and such ballot shall be handled as provided in this subsection. 378
The board of registrars or absentee ballot clerk shall promptly notify the elector of such379
challenge.380
(f) It shall be unlawful at any time prior to the close of the polls for any person to disclose381
or for any person to receive any information regarding the results of the tabulation of382
absentee ballots except as expressly provided by law."383
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SECTION 5.384
Said chapter is further amended in Code Section 21-2-493, relating to computation,385
canvassing, and tabulation of returns, investigation of discrepancies in vote counts, recount386
procedure, pilot program for posting of digital images of scanned paper ballots, certification387
of returns, and change in returns, by adding a new subsection to read as follows:388
"(j.2)(1) In the event that a superintendent receives a request pursuant to Code389
Section 50-18-71 for scanned ballot images at a resolution higher than the ballot images390
available from the Secretary of State pursuant to subsection (j.1) of this Code section, and391
such request is received following the final certification of the results of the election in392
which such ballots were created, the superintendent shall, consistent with Code393
Section 50-18-71, produce digital scans of the requested ballots at a resolution of no less394
than 600 dots per inch and deliver such scans to the requestor. A person making a request395
pursuant to this subsection may observe the scanning and related handling process, but396
under no circumstances shall anyone other than an authorized election official touch or397
handle a physical ballot.398
(2) Notwithstanding any seal provided for by Code Section 21-2-500, a superintendent399
shall have access to the ballots cast within its jurisdiction so as to comply with the400
provisions of this subsection. Upon receiving a request pursuant to this subsection, the401
superintendent shall notify the clerk of the superior court or, if designated by the clerk of402
the superior court, the county records manager or other office or official under the403
jurisdiction of a county governing authority which maintains or is responsible for404
maintaining such sealed ballots, and such official or office that maintains such requested405
ballot shall provide the superintendent access to such ballot without the need for406
obtaining a court order. All ballots provided to a superintendent pursuant to this407
paragraph shall be immediately returned by such superintendent to the official or office408
that maintains such ballots upon the scanning of such ballot."409
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SECTION 5.1.410
Said chapter is further amended in Code Section 21-2-540, relating to conduct of special411
primaries and special elections generally, by revising subsection (b) as follows:412
"(b) At least 29 days shall intervene between the call of a special primary and the holding413
of same, and at least 29 days shall intervene between the call of a special election and the414
holding of same. The period during which candidates may qualify to run in a special415
primary or a special election shall remain open for a minimum of two and one-half days. 416
Special primaries and special elections to present questions to the voters which are to be417
held in conjunction with the presidential preference primary, a state-wide general primary,418
or state-wide general election shall be called at least 90 days prior to the date of such419
presidential preference primary, state-wide general primary, or state-wide general election;420
provided, however, that this requirement shall not apply to special primaries and special421
elections to present questions to the voters held on the same date as such presidential422
preference primary, state-wide general primary, or state-wide general election but423
conducted completely separate and apart from such state-wide general primary or424
state-wide general election using different ballots or voting equipment, facilities, poll425
workers, and paperwork."426
SECTION 6.427
(a) This section and Sections 5.1 and 7 of this Act shall become effective upon its approval428
by the Governor or upon its becoming law without such approval.429
(b) Sections 4 and 5 of this Act shall become effective on January 1, 2025.430
(c) Except as provided in subsections (a) or (b) of this section, this provisions of this Act431
shall become effective on July 1, 2024.432
SECTION 7.433
All laws and parts of laws in conflict with this Act are repealed.434
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