23 SB 129/AP
S. B. 129
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Senate Bill 129
By: Senators Williams of the 25th, Burns of the 23rd, Harbin of the 16th, Anderson of the
24th, Beach of the 21st and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
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primaries and elections generally, so as to revise provisions related to performance review2
boards; to revise the language that must be used on absentee ballot applications distributed3
by persons or entities; to provide for time off for employees to advance vote; to revise4
provisions related to time off for employees to vote on election day; to revise the latest5
reporting time for required election night reporting; to mandate audits following all6
state-wide primaries, elections, or runoffs; to provide for related matters; to repeal conflicting7
laws; and for other 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 by revising subsection (a) of Code Section 21-2-106, relating12
to performance review of local election official, role of performance review board, and13
findings as grounds for removal, as follows:14
"(a) The following officials may request that a performance review of a local election15
official be conducted:16 23 SB 129/AP
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(1) The governing authority of the same jurisdiction as the local election official;
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(2) For counties represented by more than three members of the Georgia House of18
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 a
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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 subparagraph (a)(1)(C) of Code34
Section 21-2-381, relating to making of application for absentee ballot, determination of35
eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons36
entitled to make application, as follows:37
"(C)(i) Any person applying for an absentee-by-mail ballot shall make application in38
writing on the form made available by the Secretary of State. In order to confirm the39
identity of the voter, such form shall require the elector to provide his or her name,40
date of birth, address as registered, address where the elector wishes the ballot to be41
mailed, and the number of his or her Georgia driver's license or identification card42 23 SB 129/AP
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issued pursuant to Article 5 of Chapter 5 of Title 40. If such elector does not have a
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Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 544
of Title 40, the elector shall affirm this fact in the manner prescribed in the application45
and the elector shall provide a copy of a form of identification listed in subsection (c)46
of Code Section 21-2-417. The form made available by the Secretary of State shall47
include a space to affix a photocopy or electronic image of such identification. The48
Secretary of State shall develop a method to allow secure electronic transmission of49
such form. The application shall also include the identity of the primary, election, or50
runoff in which the elector wishes to vote; the name and relationship of the person51
requesting the ballot if other than the elector; and an oath for the elector or relative to52
write his or her usual signature with a pen and ink affirming that the elector is a53
qualified Georgia elector and the facts presented on the application are true.54
Submitting false information on an application for an absentee ballot shall be a55
violation of Code Sections 21-2-560 and 21-2-571.56
(ii) A blank application for an absentee ballot shall be made available online by the57
Secretary of State and each election superintendent and registrar, but neither the58
Secretary of State, election superintendent, board of registrars, other governmental59
entity, nor employee or agent thereof shall send absentee ballot applications directly60
to any elector except upon request of such elector or a relative authorized to request61
an absentee ballot for such elector. No person or entity other than a relative62
authorized to request an absentee ballot for such elector or a person signing as63
assisting an illiterate or physically disabled elector shall send any elector an absentee64
ballot application that is prefilled with the elector's required information set forth in65
this subparagraph. No person or entity other than the elector, a relative authorized to66
request an absentee ballot for such elector, a person signing as assisting an illiterate67
or physically disabled elector with his or her application, a common carrier charged68
with returning the ballot application, an absentee ballot clerk, a registrar, or a law69 23 SB 129/AP
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enforcement officer in the course of an investigation shall handle or return an elector's
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completed absentee ballot application. Handling a completed absentee ballot71
application by any person or entity other than as allowed in this subsection shall be72
a misdemeanor. Any application for an absentee ballot sent to any elector by any73
person or entity shall utilize the form of the application made available by the74
Secretary of State and shall clearly and prominently disclose on the face of the form:75
'This is NOT an official government publication and was NOT provided to you
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by any governmental entity and this is NOT a ballot. It is being distributed by77
[insert name and address of person, organization, or other entity distributing such78
document or material]79
This application is being distributed by [insert name and address of person,80
organization, or other entity distributing such document or material], not by any81
government agency or any state or local election office. THIS IS NOT A82
BALLOT.'83
(iii) The disclaimer required by division (ii) of this subparagraph shall be:84
(I) Of sufficient font size to be clearly readable by the recipient of the85
communication;86
(II) Be contained Contained in a printed box set apart from the other contents of the87
communication; and88
(III) Be printed Printed with a reasonable degree of color contrast between the89
background and the printed disclaimer."90
SECTION 3.91
Said chapter is further amended by revising Code Section 21-2-404, relating to affording92
employees time off to vote, as follows:93 23 SB 129/AP
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"21-2-404.
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Each employee in this state shall, upon reasonable notice to his or her employer, be95
permitted by his or her employer to take any necessary time off from his or her96
employment to vote in any municipal, county, state, or federal political party primary or97
election for which such employee is qualified and registered to vote either on one of the
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days that are designated for advance in-person voting or on the day on which such primary99
or election is held; provided, however, that such necessary time off shall not exceed two100
hours; and provided, further, that, if the hours of work of such employee commence at least101
two hours after the opening of the polls or end at least two hours prior to the closing of the102
polls, then the time off for voting as provided for in this Code section shall not be available.103
The employer may specify the hours during which the employee may absent himself or104
herself as provided in this Code section."105
SECTION 4.106
Said chapter is further amended by revising Code Section 21-2-421, relating to posting of107
required information after closing of polls and reporting to Secretary of State, as follows:108
"21-2-421.109
(a) As soon as possible but not later than 10:00 11:59 P.M. following the close of the polls110
on the day of a primary, election, or runoff, the election superintendent shall report to the111
Secretary of State and post in a prominent public place the following information:112
(1) The number of ballots cast at the polls on the day of the primary, election, or runoff,113
including provisional ballots cast;114
(2) The number of ballots cast at advance voting locations during the advance voting115
period for the primary, election, or runoff; and116
(3) The total number of absentee ballots returned to the board of registrars by the117
deadline to receive such absentee ballots on the day of the primary, election, or runoff.118 23 SB 129/AP
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(b) Upon the completion of the report provided for in subsection (a) of this Code section,
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the election superintendent shall compare the total number of ballots received as reported120
in subsection (a) of this Code section and the counting of the ballots in the primary,121
election, or runoff minus any rejected and uncured absentee ballots, uncounted provisional122
ballots, and any other uncounted ballots, with the total number of ballots cast in the123
primary, election, or runoff. The results of such comparison and all explanatory materials124
shall be reported to the Secretary of State. The reason for any discrepancy shall be fully125
investigated and reported to the Secretary of State."126
SECTION 5.127
Said chapter is further amended by revising Code Section 21-2-498, relating to128
precertification tabulation audits, as follows:129
"21-2-498.130
(a) As used in this Code section, the term:131
(1) 'Incorrect outcome' is when
means the winner of a contest or the answer to a132
proposed constitutional amendment or question would be different from the results found133
in a manual recount of paper official ballots.134
(2) 'Risk limit' means the largest statistical probability that an incorrect outcome is not135
detected or corrected in a risk-limiting audit.136
(3) 'Risk-limiting audit' means an audit protocol that makes use of statistical methods and137
is designed to limit to acceptable levels the risk of certifying a preliminary election138
outcome that constitutes an incorrect outcome.139
(b) As soon as possible, but no later than the November, 2020, general election, the local140
Local election superintendents shall conduct precertification tabulation or risk-limiting141
audits on one contest following any election, special election, election runoff, special142
election runoff, primary, special primary, primary runoff, or special primary runoff for any143
with federal or state general election state-wide contests in accordance with requirements144 23 SB 129/AP
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set forth by rule or regulation of the State Election Board. Audits performed under this
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Code section shall be conducted by manual inspection of random samples of the paper146
official ballots.147
(c) In conducting each audit, the local election superintendents shall:148
(1) Complete the audit prior to final certification of the contest;149
(2) Ensure that all types of ballots are included in the audit, whether cast in person, by150
absentee ballot, advance voting, provisional ballot, or otherwise;151
(3) Provide a report of the unofficial final tabulated vote results for the contest to the152
public prior to conducting the audit;153
(4) Complete the audit in public view; and154
(5) Provide details of the audit to the public within 48 hours of completion.155
(d) The State Election Board shall be authorized to promulgate rules, regulations, and156
procedures to implement and administer the provisions of this Code section. The157
procedures prescribed by the State Election Board shall include security procedures to158
ensure that collection of validly cast ballots is complete, accurate, and trustworthy159
throughout the audit.160
(e) The Secretary of State shall conduct a risk-limiting audit pilot program with a risk limit
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of not greater than 10 percent in one or more counties by December 31, 2021. The162
Secretary of State shall review the results of the pilot program and, within 90 days163
following the election in which such pilot program is used, shall provide the members of164
the General Assembly with a comprehensive report, including a plan on how to implement165
risk-limiting audits state wide. If such risk-limiting audit is successful in achieving the166
specified confidence level within five business days following the election for which it was167
conducted, then all audits performed pursuant to this Code section shall be similarly168
conducted, beginning not later than November 1, 2024."169 23 SB 129/AP
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SECTION 6.
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All laws and parts of laws in conflict with this Act are repealed.171