Georgia 2023-2024 Regular Session

Georgia Senate Bill SB129 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 ~~SB 129/AP~~
2		-	S. B. 129
	1	+	23 LC 47 2471S
	2	+	S. B. 129 (SUB)
3	3		- 1 -
4		-	Senate Bill 129
5		-	By: Senators Williams of the 25th, Burns of the 23rd, Harbin of the 16th, Anderson of the
6		-	24th, Beach of the 21st and others
7		-	AS PASSED
	4	+	The House Committee on Governmental Affairs offers the following substitute to SB 129:
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10		-	To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
11		-	1
	7	+	To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to1
12	8		primaries and elections generally, so as to revise provisions related to performance review2
13	9		boards; to revise the language that must be used on absentee ballot applications distributed3
14	10		by persons or entities; to provide for time off for employees to advance vote; to revise4
15	11		provisions related to time off for employees to vote on election day; to revise the latest5
16	12		reporting time for required election night reporting; to mandate audits following all6
17	13		state-wide primaries, elections, or runoffs; to provide for related matters; to repeal conflicting7
18	14		laws; and for other purposes.8
19	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
20	16		SECTION 1.10
21	17		Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and11
22	18		elections generally, is amended by revising subsection (a) of Code Section 21-2-106, relating12
23	19		to performance review of local election official, role of performance review board, and13
24	20		findings as grounds for removal, as follows:14
25	21		"(a) The following officials may request that a performance review of a local election15
26		-	official be conducted:16 23 ~~SB 129/AP~~
27		-	S. B. 129
	22	+	official be conducted:16 23 LC 47 2471S
	23	+	S. B. 129 (SUB)
28	24		- 2 -
29		-	(1) The governing authority of the same jurisdiction as the local election official;
30		-	17
	25	+	(1) The governing authority of the same jurisdiction as the local election official;17
31	26		(2) For counties represented by more than three members of the Georgia House of18
32	27		Representatives and Georgia Senate, at least two members of the Georgia House of19
33	28		Representatives and two members of the Georgia Senate who represent the county; and20
34	29		(3) For counties represented by fewer than four members of the Georgia House of21
35	30		Representatives and Georgia Senate, at least one member of the Georgia House of22
36	31		Representatives and one member of the Georgia Senate who represent the county.23
37	32		Such request shall be transmitted to the State Election Board which shall appoint an24
38	33		independent performance review board within 30 days after receiving such resolution. The25
39	34		State Election Board shall appoint three competent persons to serve as members of the26
40	35		performance review board, one of whom shall be an employee of the elections division of27
41		-	the Secretary of State and two of whom shall be local election officials or members of a
42		-	28
	36	+	the Secretary of State and two of whom shall be local election officials or members of a28
43	37		county board of elections or county board of elections and registration, provided that no29
44	38		such appointee shall be a local election official or member of a county board of elections30
45	39		or county board of elections and registration for the county or municipality, as applicable,31
46	40		under review."32
47	41		SECTION 2.33
48	42		Said chapter is further amended by revising subparagraph (a)(1)(C) of Code34
49	43		Section 21-2-381, relating to making of application for absentee ballot, determination of35
50	44		eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons36
51	45		entitled to make application, as follows:37
52	46		"(C)(i) Any person applying for an absentee-by-mail ballot shall make application in38
53	47		writing on the form made available by the Secretary of State. In order to confirm the39
54	48		identity of the voter, such form shall require the elector to provide his or her name,40
55	49		date of birth, address as registered, address where the elector wishes the ballot to be41
56		-	mailed, and the number of his or her Georgia driver's license or identification card42 23 ~~SB 129/AP~~
57		-	S. B. 129
	50	+	mailed, and the number of his or her Georgia driver's license or identification card42 23 LC 47 2471S
	51	+	S. B. 129 (SUB)
58	52		- 3 -
59		-	issued pursuant to Article 5 of Chapter 5 of Title 40. If such elector does not have a
60		-	43
	53	+	issued pursuant to Article 5 of Chapter 5 of Title 40. If such elector does not have a43
61	54		Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 544
62	55		of Title 40, the elector shall affirm this fact in the manner prescribed in the application45
63	56		and the elector shall provide a copy of a form of identification listed in subsection (c)46
64	57		of Code Section 21-2-417. The form made available by the Secretary of State shall47
65	58		include a space to affix a photocopy or electronic image of such identification. The48
66	59		Secretary of State shall develop a method to allow secure electronic transmission of49
67	60		such form. The application shall also include the identity of the primary, election, or50
68	61		runoff in which the elector wishes to vote; the name and relationship of the person51
69	62		requesting the ballot if other than the elector; and an oath for the elector or relative to52
70	63		write his or her usual signature with a pen and ink affirming that the elector is a53
71	64		qualified Georgia elector and the facts presented on the application are true.54
72	65		Submitting false information on an application for an absentee ballot shall be a55
73	66		violation of Code Sections 21-2-560 and 21-2-571.56
74	67		(ii) A blank application for an absentee ballot shall be made available online by the57
75	68		Secretary of State and each election superintendent and registrar, but neither the58
76	69		Secretary of State, election superintendent, board of registrars, other governmental59
77	70		entity, nor employee or agent thereof shall send absentee ballot applications directly60
78	71		to any elector except upon request of such elector or a relative authorized to request61
79	72		an absentee ballot for such elector. No person or entity other than a relative62
80	73		authorized to request an absentee ballot for such elector or a person signing as63
81	74		assisting an illiterate or physically disabled elector shall send any elector an absentee64
82	75		ballot application that is prefilled with the elector's required information set forth in65
83	76		this subparagraph. No person or entity other than the elector, a relative authorized to66
84	77		request an absentee ballot for such elector, a person signing as assisting an illiterate67
85	78		or physically disabled elector with his or her application, a common carrier charged68
86		-	with returning the ballot application, an absentee ballot clerk, a registrar, or a law69 23 ~~SB 129/AP~~
87		-	S. B. 129
	79	+	with returning the ballot application, an absentee ballot clerk, a registrar, or a law69 23 LC 47 2471S
	80	+	S. B. 129 (SUB)
88	81		- 4 -
89		-	enforcement officer in the course of an investigation shall handle or return an elector's
90		-	70
	82	+	enforcement officer in the course of an investigation shall handle or return an elector's70
91	83		completed absentee ballot application. Handling a completed absentee ballot71
92	84		application by any person or entity other than as allowed in this subsection shall be72
93	85		a misdemeanor. Any application for an absentee ballot sent to any elector by any73
94	86		person or entity shall utilize the form of the application made available by the74
95	87		Secretary of State and shall clearly and prominently disclose on the face of the form:75
96		-	'This is NOT an official government publication and was NOT provided to you
97		-	76
	88	+	'This is NOT an official government publication and was NOT provided to you76
98	89		by any governmental entity and this is NOT a ballot. It is being distributed by77
99	90		[insert name and address of person, organization, or other entity distributing such78
100	91		document or material]79
101	92		This application is being distributed by [insert name and address of person,80
102	93		organization, or other entity distributing such document or material], not by any81
103	94		government agency or any state or local election office. THIS IS NOT A82
104	95		BALLOT.'83
105	96		(iii) The disclaimer required by division (ii) of this subparagraph shall be:84
106	97		(I) Of sufficient font size to be clearly readable by the recipient of the85
107	98		communication;86
108	99		(II) Be contained Contained in a printed box set apart from the other contents of the87
109	100		communication; and88
110	101		(III) Be printed Printed with a reasonable degree of color contrast between the89
111	102		background and the printed disclaimer."90
112	103		SECTION 3.91
113	104		Said chapter is further amended by revising Code Section 21-2-404, relating to affording92
114		-	employees time off to vote, as follows:93 23 ~~SB 129/AP~~
115		-	S. B. 129
	105	+	employees time off to vote, as follows:93 23 LC 47 2471S
	106	+	S. B. 129 (SUB)
116	107		- 5 -
117		-	"21-2-404.
118		-	94
	108	+	"21-2-404.94
119	109		Each employee in this state shall, upon reasonable notice to his or her employer, be95
120	110		permitted by his or her employer to take any necessary time off from his or her96
121	111		employment to vote in any municipal, county, state, or federal political party primary or97
122		-	election for which such employee is qualified and registered to vote either on one of the
123		-	98
	112	+	election for which such employee is qualified and registered to vote either on one of the98
124	113		days that are designated for advance in-person voting or on the day on which such primary99
125	114		or election is held; provided, however, that such necessary time off shall not exceed two100
126	115		hours; and provided, further, that, if the hours of work of such employee commence at least101
127	116		two hours after the opening of the polls or end at least two hours prior to the closing of the102
128	117		polls, then the time off for voting as provided for in this Code section shall not be available.103
129	118		The employer may specify the hours during which the employee may absent himself or104
130	119		herself as provided in this Code section."105
131	120		SECTION 4.106
132	121		Said chapter is further amended by revising Code Section 21-2-421, relating to posting of107
133	122		required information after closing of polls and reporting to Secretary of State, as follows:108
134	123		"21-2-421.109
135	124		(a) As soon as possible but not later than 10:00 11:59 P.M. following the close of the polls110
136	125		on the day of a primary, election, or runoff, the election superintendent shall report to the111
137	126		Secretary of State and post in a prominent public place the following information:112
138	127		(1) The number of ballots cast at the polls on the day of the primary, election, or runoff,113
139	128		including provisional ballots cast;114
140	129		(2) The number of ballots cast at advance voting locations during the advance voting115
141	130		period for the primary, election, or runoff; and116
142	131		(3) The total number of absentee ballots returned to the board of registrars by the117
143		-	deadline to receive such absentee ballots on the day of the primary, election, or runoff.118 23 ~~SB 129/AP~~
144		-	S. B. 129
	132	+	deadline to receive such absentee ballots on the day of the primary, election, or runoff.118 23 LC 47 2471S
	133	+	S. B. 129 (SUB)
145	134		- 6 -
146		-	(b) Upon the completion of the report provided for in subsection (a) of this Code section,
147		-	119
	135	+	(b) Upon the completion of the report provided for in subsection (a) of this Code section,119
148	136		the election superintendent shall compare the total number of ballots received as reported120
149	137		in subsection (a) of this Code section and the counting of the ballots in the primary,121
150	138		election, or runoff minus any rejected and uncured absentee ballots, uncounted provisional122
151	139		ballots, and any other uncounted ballots, with the total number of ballots cast in the123
152	140		primary, election, or runoff. The results of such comparison and all explanatory materials124
153	141		shall be reported to the Secretary of State. The reason for any discrepancy shall be fully125
154	142		investigated and reported to the Secretary of State."126
155	143		SECTION 5.127
156	144		Said chapter is further amended by revising Code Section 21-2-498, relating to128
157	145		precertification tabulation audits, as follows:129
158	146		"21-2-498.130
159	147		(a) As used in this Code section, the term:131
160		-	(1) 'Incorrect outcome' is when
161		-	means the winner of a contest or the answer to a132
	148	+	(1) 'Incorrect outcome' is when means the winner of a contest or the answer to a132
162	149		proposed constitutional amendment or question would be different from the results found133
163	150		in a manual recount of paper official ballots.134
164	151		(2) 'Risk limit' means the largest statistical probability that an incorrect outcome is not135
165	152		detected or corrected in a risk-limiting audit.136
166	153		(3) 'Risk-limiting audit' means an audit protocol that makes use of statistical methods and137
167	154		is designed to limit to acceptable levels the risk of certifying a preliminary election138
168	155		outcome that constitutes an incorrect outcome.139
169	156		(b) As soon as possible, but no later than the November, 2020, general election, the local140
170	157		Local election superintendents shall conduct precertification tabulation or risk-limiting141
171	158		audits on one contest following any election, special election, election runoff, special142
172	159		election runoff, primary, special primary, primary runoff, or special primary runoff for any143
173		-	with federal or state general election state-wide contests in accordance with requirements144 23 ~~SB 129/AP~~
174		-	S. B. 129
	160	+	with federal or state general election state-wide contests in accordance with requirements144 23 LC 47 2471S
	161	+	S. B. 129 (SUB)
175	162		- 7 -
176		-	set forth by rule or regulation of the State Election Board. Audits performed under this
177		-	145
	163	+	set forth by rule or regulation of the State Election Board. Audits performed under this145
178	164		Code section shall be conducted by manual inspection of random samples of the paper146
179	165		official ballots.147
180	166		(c) In conducting each audit, the local election superintendents shall:148
181	167		(1) Complete the audit prior to final certification of the contest;149
182	168		(2) Ensure that all types of ballots are included in the audit, whether cast in person, by150
183	169		absentee ballot, advance voting, provisional ballot, or otherwise;151
184	170		(3) Provide a report of the unofficial final tabulated vote results for the contest to the152
185	171		public prior to conducting the audit;153
186	172		(4) Complete the audit in public view; and154
187	173		(5) Provide details of the audit to the public within 48 hours of completion.155
188	174		(d) The State Election Board shall be authorized to promulgate rules, regulations, and156
189	175		procedures to implement and administer the provisions of this Code section. The157
190	176		procedures prescribed by the State Election Board shall include security procedures to158
191	177		ensure that collection of validly cast ballots is complete, accurate, and trustworthy159
192	178		throughout the audit.160
193		-	(e) The Secretary of State shall conduct a risk-limiting audit pilot program with a risk limit
194		-	161
	179	+	(e) The Secretary of State shall conduct a risk-limiting audit pilot program with a risk limit161
195	180		of not greater than 10 percent in one or more counties by December 31, 2021. The162
196	181		Secretary of State shall review the results of the pilot program and, within 90 days163
197	182		following the election in which such pilot program is used, shall provide the members of164
198	183		the General Assembly with a comprehensive report, including a plan on how to implement165
199	184		risk-limiting audits state wide. If such risk-limiting audit is successful in achieving the166
200	185		specified confidence level within five business days following the election for which it was167
201	186		conducted, then all audits performed pursuant to this Code section shall be similarly168
202		-	conducted, beginning not later than November 1, 2024."169 23 ~~SB 129/AP~~
203		-	S. B. 129
	187	+	conducted, beginning not later than November 1, 2024."169 23 LC 47 2471S
	188	+	S. B. 129 (SUB)
204	189		- 8 -
205		-	SECTION 6.
206		-	170
	190	+	SECTION 6.170
207	191		All laws and parts of laws in conflict with this Act are repealed.171