24 LC 47 3089S
The House Committee on Governmental Affairs offers the following substitute to SB 189:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to1
elections and primaries generally, so as to provide that the text portions or machine marks2
on ballots produced by ballot marking devices shall be counted for vote tabulation and3
recount purposes instead of any machine coding; to authorize the use of physical ballots in4
certain circumstances; to provide timelines for the tabulation of absentee ballots and ballots5
cast by advance voting; to provide for related matters; to provide effective dates; to repeal6
conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and10
primaries generally, is amended in Code Section 21-2-300, relating to provision of new11
voting equipment by state, uniform system for all elections to be conducted with the use of12
scanning ballots marked by electronic ballot markers, pilot programs, county responsibilities,13
education, and county and municipal contracts for equipment, by adding a new subsection14
to read as follows:15
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"(f)(1) Notwithstanding any provision of this Code section to the contrary, provided that16
the county election superintendent has petitioned and received the approval of the State17
Election Board at least 10 days prior to the beginning of advance voting, in any election18
with less than 5,000 registered electors, such superintendent may provide the electors19
physical ballots on the same type of ballot that is used for absentee ballots pursuant to20
subsection (a) of Code Section 21-2-383 and allow electors to mark their ballot using a21
pen, pencil, or similar non-electronic writing tool as an alternative to using electronic22
ballot marking devices.23
(2) Such physical ballots may only be used to conduct:24
(A) Special primaries, special elections, or runoffs thereof for county offices; or25
(B) Special elections to present a question to the voters of a county.26
Furthermore, such primary, special primary, election, or special election shall occur27
independently and apart from a presidential preference primary, state-wide general28
primary, state-wide special primary, state-wide general election, or state-wide special29
election."30
SECTION 2.31
Said chapter is further amended in Code Section 21-2-379.23, relating to requirements for32
ballot display, role of Secretary of State, and printed paper ballot controls during recount, by33
revising subsection (d) as follows:34
"(d) The text portion of the paper ballot marked and printed by the electronic ballot marker35
indicating the elector's selection shall constitute the official ballot and shall be used for, and36
govern the result in, constitute the official vote for purposes of vote tabulation, any recount37
conducted pursuant to Code Section 21-2-495, and any audit conducted pursuant to Code38
Section 21-2-498. The official tabulation count of any ballot scanner shall be based upon39
the text portion or the machine mark, provided that such mark clearly denotes the elector's40
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selection and does not use a QR code, bar code, or similar coding, of such ballots and not41
any machine coding that may be printed on such ballots."42
SECTION 3.43
Said chapter is further amended in Code Section 21-2-386, relating to safekeeping,44
certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to45
location designated by superintendent, duties of superintendent and managers, precinct46
returns, report of returns of verified and accepted absentee ballots cast as soon as possible47
following closing of polls, notification of challenged elector, and unlawful disclosure of48
tabulation results, by revising paragraph (3) of subsection (a) as follows:49
"(3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on50
the day of the primary, election, or runoff begin tabulating the absentee ballots; provided,51
however, that all absentee ballots that have been verified and accepted pursuant to52
subparagraph (a)(1)(B) of this Code section by the Monday prior to the day of the53
primary, election, or runoff shall be tabulated and the results reported by no later than54
8:00 P.M. on the day of such primary, election, or runoff or within one hour of the55
closing of all polls in such county, whichever occurs later. If the county election56
superintendent chooses to open the inner envelopes and begin tabulating such ballots57
prior to the close of the polls on the day of the primary, election, or runoff, the58
superintendent shall notify in writing, at least seven days prior to the primary, election,59
or runoff, the Secretary of State of the superintendent's intent to begin the absentee ballot60
tabulation prior to the close of the polls. The county executive committee or, if there is61
no organized county executive committee, the state executive committee of each political62
party and political body having candidates whose names appear on the ballot for such63
election in such county shall have the right to designate two persons and each64
independent and nonpartisan candidate whose name appears on the ballot for such65
election in such county shall have the right to designate one person to act as monitors for66
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such process. In the event that the only issue to be voted upon in an election is a67
referendum question, the superintendent shall also notify in writing the chief judge of the68
superior court of the county who shall appoint two electors of the county to monitor such69
process."70
SECTION 4.71
Said chapter is further amended in Code Section 21-2-493, relating to computation,72
canvassing, and tabulation of returns, investigation of discrepancies in vote counts, recount73
procedure, pilot program for posting of digital images of scanned paper ballots, certification74
of returns, and change in returns, by revising subsection (a) as follows:75
"(a) The superintendent shall, after the close of the polls on the day of a primary or76
election, at his or her office or at some other convenient public place at the county seat or77
in the municipality, of which due notice shall have been given as provided by Code78
Section 21-2-492, publicly commence the computation and canvassing of the returns and79
continue until all absentee ballots received by the close of the polls, including those cast80
by advance voting,; provided, however, that such votes cast by advance voting shall be81
tabulated and the results reported by no later than 8:00 P.M. on such day or within one hour82
of the closing of all polls in such county, whichever occurs later, and all ballots cast on the83
day of the primary or election have been counted and tabulated and the results of such84
tabulation released to the public and, then, continuing with provisional ballots as provided85
in Code Sections 21-2-418 and 21-2-419 and those absentee ballots as provided in86
subparagraph (a)(1)(G) of Code Section 21-2-386 from day to day until completed. For87
this purpose, the superintendent may organize his or her assistants into sections, each of88
whom may simultaneously proceed with the computation and canvassing of the returns89
from various precincts of the county or municipality in the manner provided by this Code90
section. Upon the completion of such computation and canvassing, the superintendent91
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shall tabulate the figures for the entire county or municipality and sign, announce, and92
attest the same, as required by this Code section."93
SECTION 5.94
Sections 1 and 2 of this Act shall become effective on July 1, 2026. The remaining95
provisions of this Act shall become effective on July 1, 2024.96
SECTION 6.97
All laws and parts of laws in conflict with this Act are repealed.98
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