24 LC 47 2770S (SCS)
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
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
1
elections and primaries generally, so as to provide that the text portions or machine mark of2
ballots produced by ballot marking devices shall be counted for vote tabulation and recount3
purposes instead of any machine coding; to provide for related matters; to repeal conflicting4
laws; and for 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 elections and8
primaries 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
S. B. 189
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the text portion or the machine mark, provided that such mark clearly denotes the elector's17
selection and does not use a QR code, bar code, or similar coding, of such ballots and not18
any machine coding that may be printed on such ballots."19
SECTION 2.20
All laws and parts of laws in conflict with this Act are repealed. 21
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