Georgia 2023 2023-2024 Regular Session

Georgia Senate Bill SB189 Introduced / Bill

Filed 02/15/2023

                    23 LC 47 2048
S. B. 189
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Senate Bill 189
By: Senators Burns of the 23rd, Dolezal of the 27th, Brass of the 28th, Anavitarte of the 31st,
Moore of the 53rd 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 that the text portions of ballots produced2
by ballot marking devices shall be counted for vote tabulation and recounts purposes instead3
of any machine coding; to provide for related matters; to repeal conflicting laws; and for4
other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and8
elections generally, is amended in Code Section 21-2-379.23, relating to requirements for9
ballot display, role of Secretary of State, and printed paper ballot controls during recount, by10
revising subsection (d) as follows:11
"(d)  The text portion of the
 paper ballot marked and printed by the electronic ballot marker12
indicating the elector's selection shall constitute the official ballot and shall be used for, and13
govern the result in, constitute the official vote for purposes of vote tabulation, any recount14
conducted pursuant to Code Section 21-2-495, and any audit conducted pursuant to Code15
Section 21-2-498.  The official tabulation count of any ballot scanner shall be based upon16 23 LC 47 2048
S. B. 189
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the text portion of such ballots and not any machine coding that is also printed on such17
ballots."18
SECTION 2.19
All laws and parts of laws in conflict with this Act are repealed.20