| 10 | 6 | | elections and primaries generally, so as to remove the Secretary of State from the State2 |
|---|
| 11 | 7 | | Election Board; to provide additional conflict of interest provisions for state-wide and local3 |
|---|
| 12 | 8 | | election officers, officials, and employees relating to businesses providing goods and services4 |
|---|
| 13 | 9 | | related to voting equipment or any other equipment related to the tabulation, auditing,5 |
|---|
| 14 | 10 | | processing, or scanning of ballots; to provide for ballot access to certain political parties or6 |
|---|
| 15 | 11 | | political bodies relating to nomination of presidential electors and candidates; to provide for7 |
|---|
| 16 | 12 | | definitions; to revise provisions for determining residency for election purposes; to revise8 |
|---|
| 17 | 13 | | provisions related to challenging electors; to provide that the text portions or machine marks9 |
|---|
| 18 | 14 | | on ballots produced by ballot marking devices shall be counted for vote tabulation and10 |
|---|
| 19 | 15 | | recount purposes instead of any machine coding; to authorize the use of physical ballots in11 |
|---|
| 20 | 16 | | certain circumstances; to provide for chain of custody and related procedures for absentee12 |
|---|
| 21 | 17 | | ballots; to provide timelines for the tabulation of absentee ballots and ballots cast by advance13 |
|---|
| 22 | 18 | | voting; to provide procedures for requesting high resolution scanned images of ballots; to14 |
|---|
| 23 | 19 | | provide for a pilot program to audit paper ballots using optical character recognition; to15 |
|---|
| 24 | 20 | | revise a timing limitation on holding certain special elections in conjunction with certain16 |
|---|
| 25 | 21 | | state-wide primaries or elections; to provide for related matters; to provide effective dates;17 |
|---|
| 26 | 22 | | to repeal conflicting laws; and for other purposes.18 |
|---|
| 31 | 25 | | SECTION 1.20 |
|---|
| 32 | 26 | | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and21 |
|---|
| 33 | 27 | | primaries generally, is amended in Code Section 21-2-30, relating to creation, membership,22 |
|---|
| 34 | 28 | | terms of service, vacancies, quorum, bylaws, meetings, and executive director, by revising23 |
|---|
| 35 | 29 | | subsections (d) and (f) as follows:24 |
|---|
| 38 | 31 | | voting members of the board shall constitute a quorum, and no vacancy on the board shall26 |
|---|
| 39 | 32 | | impair the right of the quorum to exercise all the powers and perform all the duties of the27 |
|---|
| 40 | 33 | | board. The board shall adopt a seal for its use and bylaws for its own government and28 |
|---|
| 41 | 34 | | procedure."29 |
|---|
| 42 | 35 | | "(f) If any member of the board, other than the Secretary of State, shall qualify as a30 |
|---|
| 43 | 36 | | candidate for any public office which is to be voted upon in any primary or election31 |
|---|
| 44 | 37 | | regulated by the board, that member's position on the board shall be immediately vacated32 |
|---|
| 45 | 38 | | and such vacancy shall be filled in the manner provided for filling other vacancies on the33 |
|---|
| 46 | 39 | | board."34 |
|---|
| 47 | 40 | | SECTION 2.35 |
|---|
| 48 | 41 | | Said chapter is further amended in Code Section 21-2-35, relating to emergency rules and36 |
|---|
| 49 | 42 | | regulations, imminent peril requirement, and procedures, by revising paragraph (2) of37 |
|---|
| 50 | 43 | | subsection (a) as follows:38 |
|---|
| 51 | 44 | | "(2) Immediately upon the setting of the date and time of the meeting at which such39 |
|---|
| 52 | 45 | | emergency rule or regulation is to be considered give notice by email of its intended40 |
|---|
| 53 | 46 | | action to:41 |
|---|
| 54 | 47 | | (A) The Governor;42 |
|---|
| 55 | 48 | | (B) The Lieutenant Governor;43 |
|---|
| 64 | 54 | | (E)(F) Legislative counsel; and48 |
|---|
| 65 | 55 | | (F)(G) The chief executive officer of each political party registered pursuant to49 |
|---|
| 66 | 56 | | subsection (a) of Code Section 21-2-110; and"50 |
|---|
| 67 | 57 | | SECTION 3.51 |
|---|
| 68 | 58 | | Said chapter is further amended by adding a new Code section to read as follows:52 |
|---|
| 69 | 59 | | "21-2-19.53 |
|---|
| 70 | 60 | | (a) As used in this Code section, the term:54 |
|---|
| 71 | 61 | | (1) 'Business' means any corporation, partnership, proprietorship, firm, enterprise,55 |
|---|
| 72 | 62 | | franchise, association, organization, self-employed individual, trust, or other legal entity. 56 |
|---|
| 73 | 63 | | (2) 'Family' means spouse and dependents.57 |
|---|
| 74 | 64 | | (3) 'Full-time' means 30 hours of work for the state per week for more than 26 weeks per58 |
|---|
| 75 | 65 | | calendar year.59 |
|---|
| 76 | 66 | | (4) 'Part-time' means any amount of work other than full-time work.60 |
|---|
| 77 | 67 | | (5) 'Substantial interest' means the direct or indirect ownership of more than 5 percent61 |
|---|
| 78 | 68 | | of the assets or stock of any business.62 |
|---|
| 79 | 69 | | (6) 'Transact business' or 'transact any business' means to sell or lease any personal63 |
|---|
| 80 | 70 | | property, real property, or services on behalf of oneself or on behalf of any third party as64 |
|---|
| 81 | 71 | | an agent, broker, dealer, or representative and to purchase surplus real or personal65 |
|---|
| 82 | 72 | | property on behalf of oneself or on behalf of any third party as an agent, broker, dealer,66 |
|---|
| 83 | 73 | | or representative.67 |
|---|
| 84 | 74 | | (b) In addition to and notwithstanding any contrary provisions of Chapter 10 of Title 45,68 |
|---|
| 85 | 75 | | it shall be unlawful for any member of the State Board of Elections, the Secretary of State, 69 |
|---|
| 88 | 77 | | a county or municipal superintendent or registrar, or any full-time, part-time, or contractual70 |
|---|
| 89 | 78 | | employee of such officer or official, for himself or herself or on behalf of any business, or71 |
|---|
| 90 | 79 | | for any business in which such officer, official, or employee or member of his or her family72 |
|---|
| 91 | 80 | | has a substantial interest to transact any business with a business that has contracted with73 |
|---|
| 92 | 81 | | the state, or any county or municipal government, to provide goods or services related to74 |
|---|
| 93 | 82 | | voting equipment or any other equipment related to the tabulation, auditing, processing, or75 |
|---|
| 94 | 83 | | scanning of ballots."76 |
|---|
| 95 | 84 | | SECTION 3.1.77 |
|---|
| 96 | 85 | | Code Section 21-2-172 of the Official Code of Georgia Annotated, relating to nomination78 |
|---|
| 97 | 86 | | of presidential electors and candidates of political bodies by convention, is amended by79 |
|---|
| 98 | 87 | | adding a new subsection to read as follows:80 |
|---|
| 99 | 88 | | "(g) Notwithstanding any provision of law to the contrary, any political party or political81 |
|---|
| 100 | 89 | | body which has obtained ballot access in no fewer than 20 states or territories for the office82 |
|---|
| 101 | 90 | | of presidential elector shall be allowed to qualify candidates for presidential elector and83 |
|---|
| 102 | 91 | | receive access to the general election ballot for the purpose of election of the office of84 |
|---|
| 103 | 92 | | presidential elector."85 |
|---|
| 104 | 93 | | SECTION 4.86 |
|---|
| 105 | 94 | | Said chapter is further amended by revising Code Section 21-2-217, relating to rules for87 |
|---|
| 106 | 95 | | determining residence, as follows:88 |
|---|
| 107 | 96 | | "21-2-217.89 |
|---|
| 108 | 97 | | (a) In determining the residence of a person desiring to register to vote or to qualify to run90 |
|---|
| 109 | 98 | | for elective office, the following rules shall be followed so far as they are applicable:91 |
|---|
| 110 | 99 | | (1) The residence of any person shall be held to be in that place in which such person's92 |
|---|
| 111 | 100 | | habitation is fixed, without any present intention of removing therefrom;93 |
|---|
| 114 | 102 | | (1.1) The mailing address for election purposes of any person of this state who is94 |
|---|
| 115 | 103 | | homeless and without a permanent address shall be the registrar's office of the county in95 |
|---|
| 116 | 104 | | which such person resides;96 |
|---|
| 117 | 105 | | (2) A person shall not be considered to have lost such person's residence who leaves such97 |
|---|
| 118 | 106 | | person's home and goes into another state or county or municipality in this state, for98 |
|---|
| 119 | 107 | | temporary purposes only, with the intention of returning, unless such person shall register99 |
|---|
| 120 | 108 | | to vote or perform other acts indicating a desire to change such person's citizenship and100 |
|---|
| 121 | 109 | | residence; provided, however, that:101 |
|---|
| 122 | 110 | | (A) If a person registers to vote in another state, county, municipality, or legislative102 |
|---|
| 123 | 111 | | district of any type or sort, that person shall be deemed to have changed his or her103 |
|---|
| 124 | 112 | | residency;104 |
|---|
| 125 | 113 | | (B) If a person returns to his or her original or new residence after voting or registering105 |
|---|
| 126 | 114 | | to vote in a different or separate jurisdiction, such person shall update their voter106 |
|---|
| 127 | 115 | | registration with their current residency jurisdiction in order to be deemed a valid107 |
|---|
| 128 | 116 | | registered elector and resident of such jurisdiction for voting purposes; and108 |
|---|
| 129 | 117 | | (C) Proof of ownership or rental of a post office box or private mailbox service address109 |
|---|
| 130 | 118 | | within a particular jurisdiction shall not constitute sufficient grounds to establish a110 |
|---|
| 131 | 119 | | person's residency within that particular jurisdiction;111 |
|---|
| 132 | 120 | | (3) A person shall not be considered to have gained a residence in any county or112 |
|---|
| 133 | 121 | | municipality of this state into which such person has come for temporary purposes only113 |
|---|
| 134 | 122 | | without the intention of making such county or municipality such person's permanent114 |
|---|
| 135 | 123 | | place of abode;115 |
|---|
| 136 | 124 | | (4) If a person removes to another state with the intention of making it such person's116 |
|---|
| 137 | 125 | | residence, such person shall be considered to have lost such person's residence in this117 |
|---|
| 138 | 126 | | state;118 |
|---|
| 143 | 129 | | intention of making it such person's residence, such person shall be considered to have120 |
|---|
| 144 | 130 | | lost such person's residence in the former county or municipality in this state;121 |
|---|
| 145 | 131 | | (5) If a person removes to another state with the intention of remaining there an122 |
|---|
| 146 | 132 | | indefinite time and making such state such person's place of residence, such person shall123 |
|---|
| 147 | 133 | | be considered to have lost such person's residence in this state, notwithstanding that such124 |
|---|
| 148 | 134 | | person may intend to return at some indefinite future period;125 |
|---|
| 149 | 135 | | (6) If a person removes to another county or municipality within this state with the126 |
|---|
| 150 | 136 | | intention of remaining there an indefinite time and making such other county or127 |
|---|
| 151 | 137 | | municipality such person's place of residence, such person shall be considered to have128 |
|---|
| 152 | 138 | | lost such person's residence in the former county or municipality, notwithstanding that129 |
|---|
| 153 | 139 | | such person may intend to return at some indefinite future period;130 |
|---|
| 154 | 140 | | (7) The residence for voting purposes of a person shall not be required to be the same as131 |
|---|
| 155 | 141 | | the residence for voting purposes of his or her spouse;132 |
|---|
| 156 | 142 | | (8) No person shall be deemed to have gained or lost a residence by reason of such133 |
|---|
| 157 | 143 | | person's presence or absence while enrolled as a student at any college, university, or134 |
|---|
| 158 | 144 | | other institution of learning in this state;135 |
|---|
| 159 | 145 | | (9) The mere intention to acquire a new residence, without the fact of removal, shall136 |
|---|
| 160 | 146 | | avail nothing; neither shall the fact of removal without the intention;137 |
|---|
| 161 | 147 | | (10) No member of the armed forces of the United States shall be deemed to have138 |
|---|
| 162 | 148 | | acquired a residence in this state by reason of being stationed on duty in this state;139 |
|---|
| 163 | 149 | | (11) If a person removes to the District of Columbia or other federal territory, another140 |
|---|
| 164 | 150 | | state, or foreign country to engage in government service, such person shall not be141 |
|---|
| 165 | 151 | | considered to have lost such person's residence in this state during the period of such142 |
|---|
| 166 | 152 | | service; and the place where the person resided at the time of such person's removal shall143 |
|---|
| 167 | 153 | | be considered and held to be such person's place of residence;144 |
|---|
| 172 | 156 | | mentally ill, such person shall not be considered to have gained a residence in the county146 |
|---|
| 173 | 157 | | in which the institution to which such person is committed is located;147 |
|---|
| 174 | 158 | | (13) If a person goes into another state and while there exercises the right of a citizen by148 |
|---|
| 175 | 159 | | voting, such person shall be considered to have lost such person's residence in this state;149 |
|---|
| 176 | 160 | | (14) The specific address in the county or municipality in which a person has declared150 |
|---|
| 177 | 161 | | a homestead exemption, if a homestead exemption has been claimed, shall be deemed the151 |
|---|
| 178 | 162 | | person's residence address; and152 |
|---|
| 179 | 163 | | (15) For voter registration purposes, the board of registrars and, for candidacy residency153 |
|---|
| 180 | 164 | | purposes, the Secretary of State, election superintendent, or hearing officer may consider154 |
|---|
| 181 | 165 | | evidence of where the person receives significant mail such as personal bills and any155 |
|---|
| 182 | 166 | | other evidence that indicates where the person resides.156 |
|---|
| 183 | 167 | | (b) In determining a voter's qualification to register and vote, the registrars to whom such157 |
|---|
| 184 | 168 | | application is made shall consider, in addition to the applicant's expressed intent, any158 |
|---|
| 185 | 169 | | relevant circumstances determining the applicant's residence. The registrars taking such159 |
|---|
| 186 | 170 | | registration may consider the applicant's financial independence, business pursuits,160 |
|---|
| 187 | 171 | | employment, income sources, residence for income tax purposes, age, marital status,161 |
|---|
| 188 | 172 | | residence of parents, spouse, and children, if any, leaseholds, sites of personal and real162 |
|---|
| 189 | 173 | | property owned by the applicant, motor vehicle and other personal property registration,163 |
|---|
| 200 | 181 | | Said chapter is further amended by revising subsection (b) of Code Section 21-2-230, relating170 |
|---|
| 201 | 182 | | to challenge of persons on list of electors by other electors, procedure, hearing, and right of171 |
|---|
| 202 | 183 | | appeal, and by adding a new subsection to read as follows:172 |
|---|
| 203 | 184 | | "(b) Upon the filing of such challenge, the board of registrars shall immediately consider173 |
|---|
| 204 | 185 | | such challenge and determine whether probable cause exists to sustain such challenge. If174 |
|---|
| 205 | 186 | | the registrars do not find probable cause, the challenge shall be denied. If the registrars175 |
|---|
| 206 | 187 | | find probable cause, the registrars shall notify the poll officers of the challenged elector's176 |
|---|
| 207 | 188 | | precinct or, if the challenged elector voted by absentee ballot, notify the poll officers at the177 |
|---|
| 208 | 189 | | absentee ballot precinct and, if practical, notify the challenged elector and afford such178 |
|---|
| 211 | 191 | | elector who is deceased; an elector voting or registering to vote in a different jurisdiction;180 |
|---|
| 212 | 192 | | an elector obtaining a homestead exemption in a different jurisdiction; or an elector being181 |
|---|
| 213 | 193 | | registered at a nonresidential address as confirmed or listed by or in a government office,182 |
|---|
| 214 | 194 | | data base, website, or publicly available sources derived solely from such governmental183 |
|---|
| 215 | 195 | | sources. If a challenged elector's name appears on the National Change of Address data184 |
|---|
| 216 | 196 | | base, as maintained by the United States Postal Service, as having changed such elector's185 |
|---|
| 217 | 197 | | residence to a different jurisdiction, the presence of such elector's name on such data base186 |
|---|
| 218 | 198 | | shall be insufficient cause to sustain the challenge against the elector unless additional187 |
|---|
| 219 | 199 | | evidence would indicate that the elector has lost his or her residency as determined188 |
|---|
| 220 | 200 | | pursuant to Code Section 21-2-217; provided, however, that:189 |
|---|
| 221 | 201 | | (1) Any challenge of an elector within 45 days of a primary, run-off primary, election,190 |
|---|
| 222 | 202 | | or run-off election shall be postponed until the certification of such primary, election, or191 |
|---|
| 223 | 203 | | runoff is completed; and192 |
|---|
| 224 | 204 | | (2) Any challenge of an elector who is determined eligible pursuant to the residency193 |
|---|
| 225 | 205 | | determinations provided for in paragraph (8), (10), or (11) of subsection (a) of Code194 |
|---|
| 226 | 206 | | Section 21-2-217 shall be deemed insufficient to sustain such challenge."195 |
|---|
| 229 | 208 | | "(k) Any challenge of an elector that occurs during a primary or general election shall196 |
|---|
| 230 | 209 | | continue through the run-off primary or run-off election of such primary or general197 |
|---|
| 231 | 210 | | election."198 |
|---|
| 232 | 211 | | SECTION 6.199 |
|---|
| 233 | 212 | | Said chapter is further amended in Code Section 21-2-300, relating to provision of new200 |
|---|
| 234 | 213 | | voting equipment by state, uniform system for all elections to be conducted with the use of201 |
|---|
| 235 | 214 | | scanning ballots marked by electronic ballot markers, pilot programs, county responsibilities,202 |
|---|
| 236 | 215 | | education, and county and municipal contracts for equipment, by adding a new subsection203 |
|---|
| 237 | 216 | | to read as follows:204 |
|---|
| 238 | 217 | | "(f)(1) Notwithstanding any provision of this Code section to the contrary, provided that205 |
|---|
| 239 | 218 | | the county election superintendent has petitioned and received the approval of the State206 |
|---|
| 240 | 219 | | Election Board at least 10 days prior to the beginning of advance voting, in any election207 |
|---|
| 241 | 220 | | with less than 5,000 registered electors, such superintendent may provide the electors208 |
|---|
| 242 | 221 | | physical ballots on the same type of ballot that is used for absentee ballots pursuant to209 |
|---|
| 243 | 222 | | subsection (a) of Code Section 21-2-383 and allow electors to mark their ballot using a210 |
|---|
| 244 | 223 | | pen, pencil, or similar non-electronic writing tool as an alternative to using electronic211 |
|---|
| 245 | 224 | | ballot marking devices.212 |
|---|
| 246 | 225 | | (2) Such physical ballots may only be used to conduct:213 |
|---|
| 247 | 226 | | (A) Special primaries, special elections, or runoffs thereof for county offices; or214 |
|---|
| 248 | 227 | | (B) Special elections to present a question to the voters of a county.215 |
|---|
| 249 | 228 | | Furthermore, such primary, special primary, election, or special election shall occur216 |
|---|
| 250 | 229 | | independently and apart from a presidential preference primary, state-wide general217 |
|---|
| 251 | 230 | | primary, state-wide special primary, state-wide general election, or state-wide special218 |
|---|
| 252 | 231 | | election."219 |
|---|
| 262 | 238 | | indicating the elector's selection shall constitute the official ballot and shall be used for, and225 |
|---|
| 263 | 239 | | govern the result in, constitute the official vote for purposes of vote tabulation, any recount226 |
|---|
| 264 | 240 | | conducted pursuant to Code Section 21-2-495, and any audit conducted pursuant to Code227 |
|---|
| 265 | 241 | | Section 21-2-498. The official tabulation count of any ballot scanner shall be based upon228 |
|---|
| 266 | 242 | | the text portion or the machine mark, provided that such mark clearly denotes the elector's229 |
|---|
| 267 | 243 | | selection and does not use a QR code, bar code, or similar coding, of such ballots and not230 |
|---|
| 268 | 244 | | any machine coding that may be printed on such ballots."231 |
|---|
| 269 | 245 | | SECTION 8.232 |
|---|
| 270 | 246 | | Said chapter is further amended in Code Section 21-2-386, relating to safekeeping,233 |
|---|
| 271 | 247 | | certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to234 |
|---|
| 272 | 248 | | location designated by superintendent, duties of superintendent and managers, precinct235 |
|---|
| 273 | 249 | | returns, report of returns of verified and accepted absentee ballots cast as soon as possible236 |
|---|
| 274 | 250 | | following closing of polls, notification of challenged elector, and unlawful disclosure of237 |
|---|
| 275 | 251 | | tabulation results, by revising paragraph (3) of subsection (a) as follows:238 |
|---|
| 276 | 252 | | "(3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on239 |
|---|
| 277 | 253 | | the day of the primary, election, or runoff begin tabulating the absentee ballots; provided,240 |
|---|
| 278 | 254 | | however, that all absentee ballots that have been verified and accepted pursuant to241 |
|---|
| 279 | 255 | | subparagraph (a)(1)(B) of this Code section by the Monday prior to the day of the242 |
|---|
| 280 | 256 | | primary, election, or runoff shall be tabulated and the results reported by no later than243 |
|---|
| 281 | 257 | | 8:00 P.M. on the day of such primary, election, or runoff or within one hour of the244 |
|---|
| 282 | 258 | | closing of all polls in such county, whichever occurs later. If the county election245 |
|---|
| 287 | 261 | | prior to the close of the polls on the day of the primary, election, or runoff, the247 |
|---|
| 288 | 262 | | superintendent shall notify in writing, at least seven days prior to the primary, election,248 |
|---|
| 289 | 263 | | or runoff, the Secretary of State of the superintendent's intent to begin the absentee ballot249 |
|---|
| 290 | 264 | | tabulation prior to the close of the polls. The county executive committee or, if there is250 |
|---|
| 291 | 265 | | no organized county executive committee, the state executive committee of each political251 |
|---|
| 292 | 266 | | party and political body having candidates whose names appear on the ballot for such252 |
|---|
| 293 | 267 | | election in such county shall have the right to designate two persons and each253 |
|---|
| 294 | 268 | | independent and nonpartisan candidate whose name appears on the ballot for such254 |
|---|
| 295 | 269 | | election in such county shall have the right to designate one person to act as monitors for255 |
|---|
| 296 | 270 | | such process. In the event that the only issue to be voted upon in an election is a256 |
|---|
| 297 | 271 | | referendum question, the superintendent shall also notify in writing the chief judge of the257 |
|---|
| 298 | 272 | | superior court of the county who shall appoint two electors of the county to monitor such258 |
|---|
| 299 | 273 | | process."259 |
|---|
| 300 | 274 | | SECTION 9.260 |
|---|
| 301 | 275 | | Said chapter is further amended by revising Code Section 21-2-386, relating to safekeeping,261 |
|---|
| 302 | 276 | | certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to262 |
|---|
| 303 | 277 | | location designated by superintendent, duties of superintendent and managers, precinct263 |
|---|
| 304 | 278 | | returns, report of returns of verified and accepted absentee ballots cast as soon as possible264 |
|---|
| 305 | 279 | | following closing of polls, notification of challenged elector, and unlawful disclosure of265 |
|---|
| 306 | 280 | | tabulation results, as follows:266 |
|---|
| 307 | 281 | | "21-2-386.267 |
|---|
| 308 | 282 | | (a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely, unopened,268 |
|---|
| 316 | 287 | | otherwise provided in this subsection.272 |
|---|
| 317 | 288 | | (B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the273 |
|---|
| 318 | 289 | | receipt of the ballot on its envelope. The registrar or clerk shall then compare the274 |
|---|
| 319 | 290 | | number of the elector's Georgia driver's license number or state identification card275 |
|---|
| 320 | 291 | | issued pursuant to Article 5 of Chapter 5 of Title 40 and date of birth entered on the276 |
|---|
| 321 | 292 | | absentee ballot envelope with the same information contained in the elector's voter277 |
|---|
| 322 | 293 | | registration records. If the elector has affirmed on the envelope that he or she does not278 |
|---|
| 323 | 294 | | have a Georgia driver's license or state identification card issued pursuant to Article 5279 |
|---|
| 324 | 295 | | of Chapter 5 of Title 40, the registrar or clerk shall compare the last four digits of the280 |
|---|
| 325 | 296 | | elector's social security number and date of birth entered on the envelope with the same281 |
|---|
| 326 | 297 | | information contained in the elector's voter registration records. The registrar or clerk282 |
|---|
| 327 | 298 | | shall also confirm that the elector signed the oath and the person assisting the elector,283 |
|---|
| 328 | 299 | | if any, signed the required oath. If the elector has signed the elector's oath, the person284 |
|---|
| 329 | 300 | | assisting has signed the required oath, if applicable, and the identifying information285 |
|---|
| 330 | 301 | | entered on the absentee ballot envelope matches the same information contained in the286 |
|---|
| 331 | 302 | | elector's voter registration record, the registrar or clerk shall so certify by signing or287 |
|---|
| 332 | 303 | | initialing his or her name below the voter's oath. Each elector's name so certified shall288 |
|---|
| 333 | 304 | | be listed by the registrar or clerk on the numbered list of absentee voters prepared for289 |
|---|
| 336 | 306 | | sealed container or appropriately secured in an access controlled room that will prevent291 |
|---|
| 337 | 307 | | tampering or unauthorized access prior to the scanning of such ballots.292 |
|---|
| 338 | 308 | | (C) If the elector has failed to sign the oath, or if the identifying information entered293 |
|---|
| 339 | 309 | | on the absentee ballot envelope does not match the same information appearing in the294 |
|---|
| 340 | 310 | | elector's voter registration record, or if the elector has failed to furnish required295 |
|---|
| 341 | 311 | | information or information so furnished does not conform with that on file in the296 |
|---|
| 342 | 312 | | registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the297 |
|---|
| 347 | 315 | | therefor. The board of registrars or absentee ballot clerk shall promptly notify the299 |
|---|
| 348 | 316 | | elector of such rejection, a copy of which notification shall be retained in the files of300 |
|---|
| 349 | 317 | | the board of registrars or absentee ballot clerk for at least two years. Such elector shall301 |
|---|
| 350 | 318 | | have until the end of the period for verifying provisional ballots contained in302 |
|---|
| 351 | 319 | | subsection (c) of Code Section 21-2-419 to cure the problem resulting in the rejection303 |
|---|
| 352 | 320 | | of the ballot. The elector may cure a failure to sign the oath, nonmatching identifying304 |
|---|
| 353 | 321 | | information, or missing information by submitting an affidavit to the board of registrars305 |
|---|
| 354 | 322 | | or absentee ballot clerk along with a copy of one of the forms of identification306 |
|---|
| 355 | 323 | | enumerated in subsection (c) of Code Section 21-2-417 before the close of such period.307 |
|---|
| 356 | 324 | | The affidavit shall affirm that the ballot was submitted by the elector, is the elector's308 |
|---|
| 357 | 325 | | ballot, and that the elector is registered and qualified to vote in the primary, election,309 |
|---|
| 358 | 326 | | or runoff in question. If the board of registrars or absentee ballot clerk finds the310 |
|---|
| 359 | 327 | | affidavit and identification to be sufficient, the absentee ballot shall be counted.311 |
|---|
| 360 | 328 | | (D) An elector who registered to vote by mail, but did not comply with subsection (c)312 |
|---|
| 361 | 329 | | of Code Section 21-2-220, and who votes for the first time in this state by absentee313 |
|---|
| 362 | 330 | | ballot shall include with his or her application for an absentee ballot or in the outer oath314 |
|---|
| 363 | 331 | | envelope of his or her absentee ballot either one of the forms of identification listed in315 |
|---|
| 364 | 332 | | subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank316 |
|---|
| 365 | 333 | | statement, government check, paycheck, or other government document that shows the317 |
|---|
| 366 | 334 | | name and address of such elector. If such elector does not provide any of the forms of318 |
|---|
| 367 | 335 | | identification listed in this subparagraph with his or her application for an absentee319 |
|---|
| 368 | 336 | | ballot or with the absentee ballot, such absentee ballot shall be deemed to be a320 |
|---|
| 369 | 337 | | provisional ballot and such ballot shall only be counted if the registrars are able to321 |
|---|
| 370 | 338 | | verify current and valid identification of the elector as provided in this subparagraph322 |
|---|
| 371 | 339 | | within the time period for verifying provisional ballots pursuant to Code323 |
|---|
| 372 | 340 | | Section 21-2-419. The board of registrars or absentee ballot clerk shall promptly notify324 |
|---|
| 377 | 343 | | on the types of identification needed and how and when such identification is to be326 |
|---|
| 378 | 344 | | submitted to the board of registrars or absentee ballot clerk to verify the ballot.327 |
|---|
| 379 | 345 | | (E) Three copies of the numbered list of voters shall also be prepared for such rejected328 |
|---|
| 380 | 346 | | absentee electors, giving the name of the elector and the reason for the rejection in each329 |
|---|
| 381 | 347 | | case. Three copies of the numbered list of certified absentee voters and three copies of330 |
|---|
| 382 | 348 | | the numbered list of rejected absentee voters for each precinct shall be turned over to331 |
|---|
| 383 | 349 | | the poll manager in charge of counting the absentee ballots and shall be distributed as332 |
|---|
| 384 | 350 | | required by law for numbered lists of voters.333 |
|---|
| 385 | 351 | | (F) All absentee ballots returned to the board or absentee ballot clerk after the closing334 |
|---|
| 386 | 352 | | of the polls on the day of the primary or election shall be safely kept unopened by the335 |
|---|
| 389 | 354 | | documentation provided for in subparagraph (a)(1)(A) of this Code section for storage337 |
|---|
| 390 | 355 | | in a manner that will prevent tampering for the period of time required for the338 |
|---|
| 391 | 356 | | preservation of ballots used at the primary or election and shall then, without being339 |
|---|
| 392 | 357 | | opened, be destroyed in like manner as the used ballots of the primary or election. The340 |
|---|
| 393 | 358 | | board of registrars or absentee ballot clerk shall promptly notify the elector by341 |
|---|
| 394 | 359 | | first-class mail that the elector's ballot was returned too late to be counted and that the342 |
|---|
| 395 | 360 | | elector will not receive credit for voting in the primary or election. All such late343 |
|---|
| 396 | 361 | | absentee ballots shall be delivered to the appropriate clerk and stored as provided in344 |
|---|
| 397 | 362 | | Code Section 21-2-390.345 |
|---|
| 398 | 363 | | (G) Notwithstanding any provision of this chapter to the contrary, until the United346 |
|---|
| 399 | 364 | | States Department of Defense notifies the Secretary of State that the Department of347 |
|---|
| 400 | 365 | | Defense has implemented a system of expedited absentee voting for those electors348 |
|---|
| 401 | 366 | | covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by349 |
|---|
| 402 | 367 | | eligible absentee electors who reside outside the county or municipality in which the350 |
|---|
| 403 | 368 | | primary, election, or runoff is held and are members of the armed forces of the United351 |
|---|
| 408 | 371 | | members of the armed forces or merchant marine residing with or accompanying such353 |
|---|
| 409 | 372 | | members, or overseas citizens that are postmarked by the date of such primary, election,354 |
|---|
| 410 | 373 | | or runoff and are received within the three-day period following such primary, election,355 |
|---|
| 411 | 374 | | or runoff, if proper in all other respects, shall be valid ballots and shall be counted and356 |
|---|
| 412 | 375 | | included in the certified election results.357 |
|---|
| 413 | 376 | | (2)(A) Beginning at 8:00 A.M. on the third Monday prior to the day of the primary,358 |
|---|
| 414 | 377 | | election, or runoff, the election superintendent shall be authorized to open the outer oath359 |
|---|
| 415 | 378 | | envelope of absentee ballots that have been verified and accepted pursuant to360 |
|---|
| 416 | 379 | | subparagraph (a)(1)(B) of this Code section, remove the contents of such outer361 |
|---|
| 417 | 380 | | envelope, open the inner envelope marked 'Official Absentee Ballot,' and scan the362 |
|---|
| 418 | 381 | | absentee ballot using one or more ballot scanners. At least three persons who are363 |
|---|
| 421 | 383 | | before commencing; and three persons who are registrars, deputy registrars, or absentee365 |
|---|
| 422 | 384 | | ballot clerks shall be present at all times while the sealed containers containing verified366 |
|---|
| 423 | 385 | | and accepted absentee ballots are unsealed and verified for integrity, while the absentee367 |
|---|
| 424 | 386 | | ballot envelopes are being opened, and while the absentee ballots are being scanned. 368 |
|---|
| 425 | 387 | | However, no person shall tally, tabulate, estimate, or attempt to tally, tabulate, or369 |
|---|
| 426 | 388 | | estimate or cause the ballot scanner or any other equipment to produce any tally or370 |
|---|
| 427 | 389 | | tabulate, partial or otherwise, of the absentee ballots cast until the time for the closing371 |
|---|
| 428 | 390 | | of the polls on the day of the primary, election, or runoff except as provided in this372 |
|---|
| 429 | 391 | | Code section. Prior to beginning the process set forth in this paragraph, the373 |
|---|
| 430 | 392 | | superintendent shall provide written notice to the Secretary of State in writing at least374 |
|---|
| 431 | 393 | | seven days prior to processing and scanning absentee ballots. Such notice shall contain375 |
|---|
| 432 | 394 | | the dates, start and end times, and location or locations where absentee ballots will be376 |
|---|
| 433 | 395 | | processed and scanned. The superintendent shall also post such notice publicly in a377 |
|---|
| 434 | 396 | | prominent location in the superintendent's office and on the home page of the county378 |
|---|
| 439 | 399 | | a website. The Secretary of State shall publish on his or her website the information380 |
|---|
| 440 | 400 | | he or she receives from superintendents stating the dates, times, and locations where381 |
|---|
| 441 | 401 | | absentee ballots will be processed.382 |
|---|
| 442 | 402 | | (B) The proceedings set forth in this paragraph shall be open to the view of the public,383 |
|---|
| 443 | 403 | | but no person except one employed and designated by the superintendent shall touch384 |
|---|
| 444 | 404 | | any ballot or ballot container. Any person involved in processing and scanning385 |
|---|
| 445 | 405 | | absentee ballots shall swear an oath, in the same form as the oath for poll officers386 |
|---|
| 446 | 406 | | provided in Code Section 21-2-95, prior to beginning the processing and scanning of387 |
|---|
| 447 | 407 | | absentee ballots. The county executive committee or, if there is no organized county388 |
|---|
| 448 | 408 | | executive committee, the state executive committee of each political party and political389 |
|---|
| 449 | 409 | | body having candidates whose names appear on the ballot for such election shall have390 |
|---|
| 450 | 410 | | the right to designate two persons and each independent and nonpartisan candidate391 |
|---|
| 451 | 411 | | whose name appears on the ballot for such election shall have the right to designate one392 |
|---|
| 452 | 412 | | person to act as monitors for such process. In the event that the only issue to be voted393 |
|---|
| 453 | 413 | | upon in an election is a referendum question, the superintendent shall also notify in394 |
|---|
| 454 | 414 | | writing the chief judge of the superior court of the county who shall appoint two395 |
|---|
| 455 | 415 | | electors of the county to monitor such process. While viewing or monitoring the396 |
|---|
| 456 | 416 | | process set forth in this paragraph, monitors and observers shall be prohibited from:397 |
|---|
| 457 | 417 | | (i) In any way interfering with the processing or scanning of absentee ballots or the398 |
|---|
| 458 | 418 | | conduct of the election;399 |
|---|
| 459 | 419 | | (ii) Using or bringing into the room any photographic or other electronic monitoring400 |
|---|
| 460 | 420 | | or recording devices, cellular telephones, or computers;401 |
|---|
| 461 | 421 | | (iii) Engaging in any form of campaigning or campaign activity;402 |
|---|
| 462 | 422 | | (iv) Taking any action that endangers the secrecy and security of the ballots;403 |
|---|
| 463 | 423 | | (v) Touching any ballot or ballot container;404 |
|---|
| 468 | 426 | | whether partial or otherwise, any of the votes on the absentee ballots cast; and406 |
|---|
| 469 | 427 | | (vii) Communicating any information that they see while monitoring the processing407 |
|---|
| 470 | 428 | | and scanning of the absentee ballots, whether intentionally or inadvertently, about any408 |
|---|
| 471 | 429 | | ballot, vote, or selection to anyone other than an election official who needs such409 |
|---|
| 472 | 430 | | information to lawfully carry out his or her official duties.410 |
|---|
| 473 | 431 | | (C) The State Election Board shall promulgate rules requiring reconciliation411 |
|---|
| 474 | 432 | | procedures; prompt and undelayed scanning of ballots after absentee ballot envelopes412 |
|---|
| 475 | 433 | | are opened; secrecy of election results prior to the closing of the polls on the day of a413 |
|---|
| 476 | 434 | | primary, election, or runoff; and other protections to protect the integrity of the process414 |
|---|
| 477 | 435 | | set forth in this paragraph.415 |
|---|
| 480 | 437 | | in tamper-resistant containers sealed with numbered seals, the number of which shall417 |
|---|
| 481 | 438 | | be recorded on the chain of custody document specified by the Secretary of State, and418 |
|---|
| 482 | 439 | | such forms shall be signed by the person storing the ballots and the date and time of419 |
|---|
| 483 | 440 | | storage shall be entered on such forms.420 |
|---|
| 484 | 441 | | (3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on the421 |
|---|
| 485 | 442 | | day of the primary, election, or runoff begin tabulating the absentee ballots; provided,422 |
|---|
| 486 | 443 | | however, that all absentee ballots that have been verified and accepted pursuant to423 |
|---|
| 487 | 444 | | subparagraph (a)(1)(B) of this Code section by the Monday prior to the day of the424 |
|---|
| 488 | 445 | | primary, election, or runoff shall be tabulated and the results reported by no later than425 |
|---|
| 489 | 446 | | 8:00 P.M. on the day of such primary, election, or runoff or within one hour of the426 |
|---|
| 490 | 447 | | closing of all polls in such county, whichever occurs later. If the county election427 |
|---|
| 491 | 448 | | superintendent chooses to open the inner envelopes and begin tabulating such ballots428 |
|---|
| 492 | 449 | | prior to the close of the polls on the day of the primary, election, or runoff, the429 |
|---|
| 493 | 450 | | superintendent shall notify in writing, at least seven days prior to the primary, election,430 |
|---|
| 494 | 451 | | or runoff, the Secretary of State of the superintendent's intent to begin the absentee ballot431 |
|---|
| 499 | 454 | | no organized county executive committee, the state executive committee of each political433 |
|---|
| 500 | 455 | | party and political body having candidates whose names appear on the ballot for such434 |
|---|
| 501 | 456 | | election in such county shall have the right to designate two persons and each435 |
|---|
| 502 | 457 | | independent and nonpartisan candidate whose name appears on the ballot for such436 |
|---|
| 503 | 458 | | election in such county shall have the right to designate one person to act as monitors for437 |
|---|
| 504 | 459 | | such process. In the event that the only issue to be voted upon in an election is a438 |
|---|
| 505 | 460 | | referendum question, the superintendent shall also notify in writing the chief judge of the439 |
|---|
| 506 | 461 | | superior court of the county who shall appoint two electors of the county to monitor such440 |
|---|
| 507 | 462 | | process.441 |
|---|
| 508 | 463 | | (4) The county election superintendent shall publish a written notice in the442 |
|---|
| 509 | 464 | | superintendent's office of the superintendent's intent to begin the absentee ballot443 |
|---|
| 510 | 465 | | tabulation prior to the close of the polls and publish such notice at least one week prior444 |
|---|
| 511 | 466 | | to the primary, election, or runoff in the legal organ of the county.445 |
|---|
| 512 | 467 | | (5) The process for opening absentee ballot envelopes, scanning absentee ballots, and446 |
|---|
| 513 | 468 | | tabulating absentee ballots on the day of a primary, election, or runoff as provided in this447 |
|---|
| 514 | 469 | | subsection shall be conducted in a manner to maintain the secrecy of all ballots and to448 |
|---|
| 515 | 470 | | protect the disclosure of any balloting information before 7:00 P.M. on election day. No449 |
|---|
| 516 | 471 | | absentee ballots shall be tabulated before 7:00 A.M. on the day of a primary, election, or450 |
|---|
| 517 | 472 | | runoff.451 |
|---|
| 518 | 473 | | (6) All persons conducting the tabulation of absentee ballots during the day of a primary,452 |
|---|
| 519 | 474 | | election, or runoff, including the vote review panel required by Code Section 21-2-483,453 |
|---|
| 520 | 475 | | and all monitors and observers shall be sequestered until the time for the closing of the454 |
|---|
| 521 | 476 | | polls. All such persons shall have no contact with the news media; shall have no contact455 |
|---|
| 522 | 477 | | with other persons not involved in monitoring, observing, or conducting the tabulation;456 |
|---|
| 523 | 478 | | shall not use any type of communication device including radios, telephones, and cellular457 |
|---|
| 524 | 479 | | telephones; shall not utilize computers for the purpose of email, instant messaging, or458 |
|---|
| 529 | 482 | | the tabulation until the time for the closing of the polls; provided, however, that460 |
|---|
| 530 | 483 | | supervisory and technical assistance personnel shall be permitted to enter and leave the461 |
|---|
| 531 | 484 | | area in which the tabulation is being conducted but shall not communicate any462 |
|---|
| 532 | 485 | | information concerning the tabulation to anyone other than the county election463 |
|---|
| 533 | 486 | | superintendent; the staff of the superintendent; those persons conducting, observing, or464 |
|---|
| 534 | 487 | | monitoring the tabulation; and those persons whose technical assistance is needed for the465 |
|---|
| 535 | 488 | | tabulation process to operate.466 |
|---|
| 536 | 489 | | (7) The absentee ballots shall be tabulated in accordance with the procedures of this467 |
|---|
| 537 | 490 | | chapter for the tabulation of absentee ballots. As such ballots are tabulated, they shall be468 |
|---|
| 538 | 491 | | placed into locked ballot boxes and may be transferred to locked ballot bags, if needed,469 |
|---|
| 541 | 493 | | person taking custody of such items by each such person's signature and date and time471 |
|---|
| 542 | 494 | | of taking custody. The persons conducting the tabulation of the absentee ballots shall not472 |
|---|
| 543 | 495 | | cause the tabulating equipment to produce any count, partial or otherwise, of the absentee473 |
|---|
| 544 | 496 | | votes cast until the time for the closing of the polls except as otherwise provided in this474 |
|---|
| 545 | 497 | | Code section.475 |
|---|
| 546 | 498 | | (b) When requested by the superintendent, but not earlier than the third Monday prior to476 |
|---|
| 547 | 499 | | a primary, election, or runoff, a registrar or absentee ballot clerk shall deliver the official477 |
|---|
| 548 | 500 | | absentee ballot of each certified absentee elector, each rejected absentee ballot, applications478 |
|---|
| 549 | 501 | | for such ballots, and copies of the numbered lists of certified and rejected absentee electors479 |
|---|
| 550 | 502 | | to the location designated by the superintendent in secure, sealed containers with the chain480 |
|---|
| 551 | 503 | | of custody documents as specified by the Secretary of State and the signature and date and481 |
|---|
| 552 | 504 | | time of the person taking custody, and the superintendent or official receiving such482 |
|---|
| 553 | 505 | | absentee ballots shall issue his or her receipt therefor.483 |
|---|
| 554 | 506 | | (c) The superintendent shall cause the verified and accepted absentee ballots to be opened484 |
|---|
| 555 | 507 | | and tabulated as provided in this Code section. A manager shall then open the outer485 |
|---|
| 563 | 512 | | securely sealed if it is not in the direct control of the poll officers or if it is transferred to489 |
|---|
| 564 | 513 | | a different room or facility for tabulation. In the event that an outer envelope is found to490 |
|---|
| 565 | 514 | | contain an absentee ballot that is not in an inner envelope, the ballot shall be sealed in an491 |
|---|
| 566 | 515 | | inner envelope, initialed and dated by the person sealing the inner envelope, and deposited492 |
|---|
| 567 | 516 | | in the ballot box and counted in the same manner as other absentee ballots, provided that493 |
|---|
| 568 | 517 | | such ballot is otherwise proper. Such manager with two assistant managers, appointed by494 |
|---|
| 569 | 518 | | the superintendent, with such clerks as the manager deems necessary shall count the495 |
|---|
| 570 | 519 | | absentee ballots following the procedures prescribed by this chapter for other ballots,496 |
|---|
| 571 | 520 | | insofar as practicable.497 |
|---|
| 572 | 521 | | (d) All absentee ballots shall be counted and tabulated in such a manner that returns may498 |
|---|
| 573 | 522 | | be reported by precinct; and separate returns shall be made for each precinct in which499 |
|---|
| 574 | 523 | | absentee ballots were cast showing the results by each precinct in which the electors reside.500 |
|---|
| 575 | 524 | | The superintendent shall utilize the procedures set forth in this Code section to ensure that501 |
|---|
| 576 | 525 | | the returns of verified and accepted absentee ballots cast are reported to the public as soon502 |
|---|
| 577 | 526 | | as possible following the closing of the polls on the day of the primary, election, or runoff.503 |
|---|
| 578 | 527 | | Failure to utilize these procedures to ensure that the returns of verified and accepted504 |
|---|
| 579 | 528 | | absentee ballots are reported as soon as possible following the close of polls shall subject505 |
|---|
| 580 | 529 | | the superintendent to sanctions by the State Election Board. If a superintendent fails to506 |
|---|
| 581 | 530 | | report the returns of verified and accepted absentee ballots by the day following the507 |
|---|
| 582 | 531 | | election at 5:00 P.M., the State Election Board may convene an independent performance508 |
|---|
| 583 | 532 | | review board pursuant to Code Section 21-2-107.509 |
|---|
| 584 | 533 | | (e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall510 |
|---|
| 585 | 534 | | write 'Challenged,' the elector's name, and the alleged cause of challenge on the outer511 |
|---|
| 586 | 535 | | envelope and shall deposit the ballot in a secure, sealed ballot box for which there shall be512 |
|---|
| 589 | 537 | | a chain of custody document as specified by the Secretary of State on which is recorded513 |
|---|
| 590 | 538 | | and witnessed the name and signature of each person taking custody of such ballots; and514 |
|---|
| 591 | 539 | | it shall be counted as other challenged ballots are counted. Where direct recording515 |
|---|
| 592 | 540 | | electronic voting systems are used for absentee balloting and a challenge to an elector's516 |
|---|
| 593 | 541 | | right to vote is made prior to the time that the elector votes, the elector shall vote on a paper517 |
|---|
| 594 | 542 | | or optical scanning ballot and such ballot shall be handled as provided in this subsection. 518 |
|---|
| 595 | 543 | | The board of registrars or absentee ballot clerk shall promptly notify the elector of such519 |
|---|
| 596 | 544 | | challenge.520 |
|---|
| 597 | 545 | | (f) It shall be unlawful at any time prior to the close of the polls for any person to disclose521 |
|---|
| 598 | 546 | | or for any person to receive any information regarding the results of the tabulation of522 |
|---|
| 599 | 547 | | absentee ballots except as expressly provided by law."523 |
|---|
| 600 | 548 | | SECTION 10.524 |
|---|
| 601 | 549 | | Said chapter is further amended in Code Section 21-2-493, relating to computation,525 |
|---|
| 602 | 550 | | canvassing, and tabulation of returns, investigation of discrepancies in vote counts, recount526 |
|---|
| 603 | 551 | | procedure, pilot program for posting of digital images of scanned paper ballots, certification527 |
|---|
| 604 | 552 | | of returns, and change in returns, by revising subsection (a) and adding a new subsection to528 |
|---|
| 605 | 553 | | read as follows:529 |
|---|
| 606 | 554 | | "(a) The superintendent shall, after the close of the polls on the day of a primary or530 |
|---|
| 607 | 555 | | election, at his or her office or at some other convenient public place at the county seat or531 |
|---|
| 608 | 556 | | in the municipality, of which due notice shall have been given as provided by Code532 |
|---|
| 609 | 557 | | Section 21-2-492, publicly commence the computation and canvassing of the returns and533 |
|---|
| 610 | 558 | | continue until all absentee ballots received by the close of the polls, including those cast534 |
|---|
| 611 | 559 | | by advance voting,; provided, however, that such votes cast by advance voting shall be535 |
|---|
| 612 | 560 | | tabulated and the results reported by no later than 8:00 P.M. on such day or within one hour536 |
|---|
| 613 | 561 | | of the closing of all polls in such county, whichever occurs later, and all ballots cast on the537 |
|---|
| 614 | 562 | | day of the primary or election have been counted and tabulated and the results of such538 |
|---|
| 619 | 565 | | in Code Sections 21-2-418 and 21-2-419 and those absentee ballots as provided in540 |
|---|
| 620 | 566 | | subparagraph (a)(1)(G) of Code Section 21-2-386 from day to day until completed. For541 |
|---|
| 621 | 567 | | this purpose, the superintendent may organize his or her assistants into sections, each of542 |
|---|
| 622 | 568 | | whom may simultaneously proceed with the computation and canvassing of the returns543 |
|---|
| 623 | 569 | | from various precincts of the county or municipality in the manner provided by this Code544 |
|---|
| 624 | 570 | | section. Upon the completion of such computation and canvassing, the superintendent545 |
|---|
| 625 | 571 | | shall tabulate the figures for the entire county or municipality and sign, announce, and546 |
|---|
| 626 | 572 | | attest the same, as required by this Code section."547 |
|---|
| 629 | 574 | | pursuant to Code Section 50-18-71 for scanned ballot images at a resolution higher than549 |
|---|
| 630 | 575 | | the ballot images available from the Secretary of State pursuant to subsection (j.1) of this550 |
|---|
| 631 | 576 | | Code section, and such request is received following the final certification of the results551 |
|---|
| 632 | 577 | | of the election in which such ballots were created, the superintendent shall, consistent552 |
|---|
| 633 | 578 | | with Code Section 50-18-71, produce digital scans of the requested ballots at a resolution553 |
|---|
| 634 | 579 | | of no less than 600 dots per inch and deliver such scans to the requestor. A person554 |
|---|
| 635 | 580 | | making a request pursuant to this subsection may observe the scanning and related555 |
|---|
| 636 | 581 | | handling process, but under no circumstances shall anyone other than an authorized556 |
|---|
| 637 | 582 | | election official touch or handle a physical ballot.557 |
|---|
| 638 | 583 | | (2) Notwithstanding any seal provided for by Code Section 21-2-500, a superintendent558 |
|---|
| 639 | 584 | | shall have access to the ballots cast within its jurisdiction so as to comply with the559 |
|---|
| 640 | 585 | | provisions of this subsection. Upon receiving a request pursuant to this subsection, the560 |
|---|
| 641 | 586 | | superintendent shall notify the clerk of the superior court or, if designated by the clerk of561 |
|---|
| 642 | 587 | | the superior court, the county records manager or other office or official under the562 |
|---|
| 643 | 588 | | jurisdiction of a county governing authority which maintains or is responsible for563 |
|---|
| 644 | 589 | | maintaining such sealed ballots, and such official or office that maintains such requested564 |
|---|
| 645 | 590 | | ballot shall provide the superintendent access to such ballot without the need for565 |
|---|
| 648 | 592 | | obtaining a court order. All ballots provided to a superintendent pursuant to this566 |
|---|
| 649 | 593 | | paragraph shall be immediately returned by such superintendent to the official or office567 |
|---|
| 650 | 594 | | that maintains such ballots upon the scanning of such ballot."568 |
|---|
| 651 | 595 | | SECTION 11.569 |
|---|
| 652 | 596 | | Said chapter is further amended by adding a new Code section to read as follows:570 |
|---|
| 653 | 597 | | "21-2-498.1.571 |
|---|
| 654 | 598 | | The Secretary of State shall create a pilot program for the auditing of paper ballot images572 |
|---|
| 655 | 599 | | using optical character recognition technology or other related technology which shall573 |
|---|
| 656 | 600 | | verify the human-readable text portion of the ballot. Such auditing program shall not be574 |
|---|
| 657 | 601 | | based on or tabulate any QR code, bar code, or similar machine coding that may be printed575 |
|---|
| 658 | 602 | | on such ballots. Such audits shall include all ballot types, and the audit findings shall be576 |
|---|
| 659 | 603 | | reported prior to final certification of the election."577 |
|---|
| 660 | 604 | | SECTION 12.578 |
|---|
| 661 | 605 | | Said chapter is further amended in Code Section 21-2-540, relating to conduct of special579 |
|---|
| 662 | 606 | | primaries and special elections generally, by revising subsection (b) as follows:580 |
|---|
| 663 | 607 | | "(b) At least 29 days shall intervene between the call of a special primary and the holding581 |
|---|
| 664 | 608 | | of same, and at least 29 days shall intervene between the call of a special election and the582 |
|---|
| 665 | 609 | | holding of same. The period during which candidates may qualify to run in a special583 |
|---|
| 666 | 610 | | primary or a special election shall remain open for a minimum of two and one-half days. 584 |
|---|
| 667 | 611 | | Special primaries and special elections to present questions to the voters which are to be585 |
|---|
| 668 | 612 | | held in conjunction with the presidential preference primary, a state-wide general primary,586 |
|---|
| 669 | 613 | | or state-wide general election shall be called at least 90 days prior to the date of such587 |
|---|
| 670 | 614 | | presidential preference primary, state-wide general primary, or state-wide general election;588 |
|---|
| 671 | 615 | | provided, however, that this requirement shall not apply to special primaries and special589 |
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| 672 | 616 | | elections to present questions to the voters held on the same date as such presidential590 |
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| 677 | 619 | | conducted completely separate and apart from such state-wide general primary or592 |
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| 678 | 620 | | state-wide general election using different ballots or voting equipment, facilities, poll593 |
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| 679 | 621 | | workers, and paperwork."594 |
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| 680 | 622 | | SECTION 13.595 |
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| 681 | 623 | | (a) This section and Sections 12 and 14 of this Act shall become effective upon its approval596 |
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| 682 | 624 | | by the Governor or upon its becoming law without such approval.597 |
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| 683 | 625 | | (b) Sections 1, 2, 3, 3.1, 5, 8, 10, and 11 of this Act shall become effective on July 1, 2024.598 |
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| 684 | 626 | | (c) Sections 4, 6, and 9 of this Act shall become effective on January 1, 2025.599 |
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| 685 | 627 | | (d) Section 7 of this Act shall become effective on July 1, 2026.600 |
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| 686 | 628 | | SECTION 14.601 |
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| 687 | 629 | | All laws and parts of laws in conflict with this Act are repealed. All laws and parts of laws602 |
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| 688 | 630 | | in conflict with this Act are repealed.603 |
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