23 LC 47 2147
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Senate Bill 122
By: Senators Kirkpatrick of the 32nd, Burns of the 23rd, Anavitarte of the 31st, Gooch of the
51st, Watson of the 11th and others
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 provide for the qualifications of members of2
performance review boards; to provide for ballots and ballot labels to be securely stored; to3
provide for construction; to revise provisions related to the retention and preservation of4
ballots and other election documents; to remove provisions for keeping such ballots and5
documents under seal; to provide for electronic document inspection upon certification of6
election results; to provide for related matters; to repeal conflicting laws; and for other7
purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and11
elections generally, is amended in Code Section 21-2-106, relating to performance review12
of local election official, role of performance review board, and findings as grounds for13
removal, by revising subsection (a) as follows:14
"(a) The following officials may request that a performance review of a local election15
official be conducted:16
(1) The governing authority of the same jurisdiction as the local election official;17 23 LC 47 2147
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(2) For counties represented by more than three members of the Georgia House of
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Representatives and Georgia Senate, at least two members of the Georgia House of19
Representatives and two members of the Georgia Senate who represent the county; and20
(3) For counties represented by fewer than four members of the Georgia House of21
Representatives and Georgia Senate, at least one member of the Georgia House of22
Representatives and one member of the Georgia Senate who represent the county.23
Such request shall be transmitted to the State Election Board which shall appoint an24
independent performance review board within 30 days after receiving such resolution. The25
State Election Board shall appoint three competent persons to serve as members of the26
performance review board, one of whom shall be an employee of the elections division of27
the Secretary of State and two of whom shall be local election officials,
or members of a28
county board of elections or county board of elections and registration, provided that no29
such appointee shall be a local election official or member of a county board of elections30
or county board of elections and registration for the county or municipality, as applicable,31
under review."32
SECTION 2.33
Said chapter is further amended by revising Code Section 21-2-283, relating to printing and34
safekeeping of ballots and labels by superintendent, as follows:35
"21-2-283.36
In any primary or election, the superintendent or municipal governing authority shall cause37
all the ballots and ballot labels to be printed accurately and in the form prescribed by this38
chapter, and securely stored and protected from unauthorized access. Access to the secure39
space where the ballots are located shall be limited to the county election superintendent;40
members of the county board of elections; the election supervisor, if any; personnel of the41
county election superintendent's office designated by the county election superintendent;42
building maintenance personnel; emergency personnel; and law enforcement personnel43 23 LC 47 2147
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during the course of active investigations. Building maintenance personnel shall have44
access to the area where such items are stored only to the extent necessary to carry out their45
maintenance duties. Emergency personnel shall have access to the room in which the46
election management system is located as necessary in the event of an emergency and only47
for the duration of such emergency conditions, and the superintendent or municipal48
governing authority shall be responsible for the safekeeping of the same while in his or her49
or its possession or that of his or her or its agent. The superintendent or municipal50
governing authority shall keep a record of the number of official ballots printed and51
furnished to each precinct at each primary and election and the number of stubs, unused52
ballots, and canceled ballots subsequently returned therefrom. When unvoted blank ballots53
are transported to and from precincts, the ballots shall be securely stored in sealed54
containers which are accompanied by ballot transfer forms signed by at least two55
individuals so as to serve as an integrated chain of custody; such forms shall be provided56
by the Secretary of State."57
SECTION 3.58
Said chapter is further amended by revising Code Section 21-2-496, relating to preparation59
and filing by superintendent of four copies of consolidated return of primary, electronic60
filing, and superintendent to furnish final copy of each ballot used for primary, as follows:61
"21-2-496.62
(a) Each county and municipal superintendent shall prepare four copies of the consolidated63
return of the primary to be certified by the superintendent on forms furnished by the64
Secretary of State, such consolidated returns to be filed immediately upon certification as65
follows:66
(1) One copy to be posted at the office of the election superintendent for the information67
of the public;68
(2) One copy to be filed in the superintendent's office;69 23 LC 47 2147
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(3) One copy to be forwarded to the Secretary of State together with a copy of each
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precinct return, the numbered list of voters of each precinct, and the returns and the71
numbered list of voters for absentee electors; and72
(4) One copy to be sealed and
filed with the clerk of the superior court, in the case of a73
county election, or with the city clerk, in the case of a municipal election, as required by74
Code Section 21-2-500.75
(b) The Secretary of State is authorized to provide a method by which the election76
superintendent can file the results of primaries and elections electronically. Once the77
Secretary of State provides such a method of filing, the election superintendent shall file78
a copy of the election returns electronically in the manner prescribed by the Secretary of79
State in addition to the filing provided in subsection (a) of this Code section. The Secretary80
of State is authorized to promulgate such rules and regulations as necessary to provide for81
such an electronic filing.82
(c) Each county and municipal superintendent shall, upon certification, furnish to the83
Secretary of State in a manner determined by the Secretary of State a final copy of each84
ballot used for such primary."85
SECTION 4.86
Said chapter is further amended by revising Code Section 21-2-497, relating to preparation87
and filing by superintendent of four copies of consolidated return of elections, and88
superintendent to furnish final copy of each ballot used for election, as follows:89
"21-2-497.90
(a) Each county and municipal superintendent shall prepare four copies of the consolidated91
return of the election to be certified by the superintendent on forms furnished by the92
Secretary of State, such consolidated returns to be filed immediately upon certification as93
follows:94 23 LC 47 2147
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(1) One copy to be posted at the office of the election superintendent for the information
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of the public;96
(2) One copy to be filed and recorded as a permanent record in the minutes of the97
superintendent's office;98
(3) One copy to be sealed and
filed with the clerk of the superior court, in the case of a99
county election, or with the city clerk, in the case of a municipal election, as required by100
Code Section 21-2-500; and101
(4) One copy to be returned immediately to the Secretary of State unless required as102
follows:103
(A) In the case of election of federal and state officers, a separate return showing totals104
of the votes cast for each of such officers respectively shall be forwarded by the105
superintendent to the Secretary of State on forms furnished by the Secretary of State;106
(B) In the case of referendum elections provided for by an Act of the General107
Assembly, the returns shall immediately be certified by the authority holding such108
election to the Secretary of State, along with the precinct returns and numbered list of109
voters for each precinct. In addition thereto, the official citation of the Act involved110
and the purpose of such election shall be sent to the Secretary of State at the same time.111
The Secretary of State shall maintain a permanent record of such certifications;112
(C) In the case of elections on constitutional amendments, the returns shall be certified113
immediately to the Secretary of State. Upon receiving the certified returns from the114
various superintendents, the Secretary of State shall immediately proceed to canvass115
and tabulate the votes cast on such amendments and certify the results to the Governor;116
and117
(D) In the case of election for presidential electors, a separate return shall be prepared118
by each superintendent and certified immediately to the Secretary of State.119 23 LC 47 2147
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(b) Each county and municipal superintendent shall, upon certification, furnish to the
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Secretary of State in a manner determined by the Secretary of State a final copy of each121
ballot used for such election."122
SECTION 5.123
Said chapter is further amended by revising Code Section 21-2-500, relating to delivery of124
voting materials, presentation to grand jury in certain cases, preservation and destruction, and125
destruction of unused ballots, as follows:126
"21-2-500.127
(a) Immediately upon completing the returns required by this article, in the case of128
elections other than municipal elections, the superintendent shall deliver in sealed129
containers to the clerk of the superior court or, if designated by the clerk of the superior130
court, to the county records manager or other office or officer under the jurisdiction of a131
county governing authority which maintains or is responsible for records, as provided in132
Code Section 50-18-99, the used and void ballots and the stubs of all ballots used; one copy133
of the oaths of poll officers; and one copy of each numbered list of voters, tally paper,134
voting machine paper proof sheet, and return sheet involved in the primary or election. In135
addition, the superintendent shall deliver copies of the voting machine ballot labels,136
computer chips containing ballot tabulation programs, copies of computer records of ballot137
design, and similar items or an electronic record of the program by which votes are to be138
recorded or tabulated, which is captured prior to the election, and which is stored on some139
alternative medium such as a CD-ROM or floppy disk simultaneously with the140
programming of the PROM or other memory storage device. The clerk, county records141
manager, or the office or officer designated by the clerk shall hold
retain and preserve such142
ballots and other documents for at least 24 months under seal, unless otherwise directed by143
the superior court, in a manner so as to prevent such ballots or other documents from being144
altered, amended, damaged, modified, or mutilated, after which time they shall be145 23 LC 47 2147
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presented to the grand jury for inspection at its next meeting. Such ballots and other
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documents shall be retained and
preserved in the office of the clerk, county records147
manager, or officer designated by the clerk until the adjournment of such grand jury, and148
then they may be destroyed, unless otherwise provided by order of the superior court.149
(a.1) Upon certification of all matters on the ballot in a particular election, all such150
documents from such election shall be subject to electronic inspection pursuant to Code151
Section 21-2-72, provided that such electronic documents are high resolution images of no152
less than 300 pixels per inch.153
(b) The superintendent shall retain all unused ballots for 30 days after the election or154
primary and, if no challenge or contest is filed prior to or during that period that could155
require future use of such ballots, may thereafter destroy such unused ballots. If a156
challenge or contest is filed during that period that could require the use of such ballots,157
they shall be retained until the final disposition of the challenge or contest and, if remaining158
unused, may thereafter be destroyed.159
(c) Immediately upon completing the returns required by this article, the municipal160
superintendent shall deliver in sealed containers to the city clerk the used and void ballots161
and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of162
each numbered list of voters, tally paper, voting machine paper proof sheet, and return163
sheet involved in the primary or election. In addition, the municipal superintendent shall164
deliver copies of the voting machine ballot labels, computer chips containing ballot165
tabulation programs, copies of computer records of ballot design, and similar items or an166
electronic record of the program by which votes are to be recorded or tabulated, which is167
captured prior to the election, and which is stored on some alternative medium such as a168
CD-ROM or floppy disk simultaneously with the programming of the PROM or other169
memory storage device. Such ballots and other documents shall be retained and preserved170
under seal in the office of the city clerk for at least 24 months; and then they may be171
destroyed unless otherwise provided by order of the mayor and council if a contest has172 23 LC 47 2147
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been filed or by court order, provided that the electors list, voter's certificates, and duplicate
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oaths of assisted electors shall be immediately returned by the superintendent to the county174
registrar."175
SECTION 6.176
All laws and parts of laws in conflict with this Act are repealed.177