24 LC 47 3110S
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
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 remove the Secretary of State from the State2
Election Board; to provide additional conflict of interest provisions for state-wide and local3
election officers, officials, and employees relating to businesses providing goods and services4
related to voting equipment or any other equipment related to the tabulation, auditing,5
processing, or scanning of ballots; to provide for ballot access to certain political parties or6
political bodies relating to nomination of presidential electors and candidates; to provide for7
definitions; to revise provisions for determining residency for election purposes; to revise8
provisions related to challenging electors; to provide that the text portions or machine marks9
on ballots produced by ballot marking devices shall be counted for vote tabulation and10
recount purposes instead of any machine coding; to authorize the use of physical ballots in11
certain circumstances; to provide for chain of custody and related procedures for absentee12
ballots; to provide timelines for the tabulation of absentee ballots and ballots cast by advance13
voting; to provide procedures for requesting high resolution scanned images of ballots; to14
provide for a pilot program to audit paper ballots using optical character recognition; to15
revise a timing limitation on holding certain special elections in conjunction with certain16
state-wide primaries or elections; to provide for related matters; to provide effective dates;17
to repeal conflicting laws; and for other purposes.18
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
19
SECTION 1.20
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and21
primaries generally, is amended in Code Section 21-2-30, relating to creation, membership,22
terms of service, vacancies, quorum, bylaws, meetings, and executive director, by revising23
subsections (d) and (f) as follows:24
"(d) The Secretary of State shall be an ex officio nonvoting member of the board.
Three25
voting members of the board shall constitute a quorum, and no vacancy on the board shall26
impair the right of the quorum to exercise all the powers and perform all the duties of the27
board. The board shall adopt a seal for its use and bylaws for its own government and28
procedure."29
"(f) If any member of the board, other than the Secretary of State, shall qualify as a30
candidate for any public office which is to be voted upon in any primary or election31
regulated by the board, that member's position on the board shall be immediately vacated32
and such vacancy shall be filled in the manner provided for filling other vacancies on the33
board."34
SECTION 2.35
Said chapter is further amended in Code Section 21-2-35, relating to emergency rules and36
regulations, imminent peril requirement, and procedures, by revising paragraph (2) of37
subsection (a) as follows:38
"(2) Immediately upon the setting of the date and time of the meeting at which such39
emergency rule or regulation is to be considered give notice by email of its intended40
action to:41
(A) The Governor;42
(B) The Lieutenant Governor;43
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(C) The Speaker of the House of Representatives;
44
(D) The chairpersons of the standing committees of each house of the General45
Assembly tasked with election matters;46
(E) The Secretary of State;
47
(E)(F) Legislative counsel; and48
(F)(G) The chief executive officer of each political party registered pursuant to49
subsection (a) of Code Section 21-2-110; and"50
SECTION 3.51
Said chapter is further amended by adding a new Code section to read as follows:52
"21-2-19.53
(a) As used in this Code section, the term:54
(1) 'Business' means any corporation, partnership, proprietorship, firm, enterprise,55
franchise, association, organization, self-employed individual, trust, or other legal entity. 56
(2) 'Family' means spouse and dependents.57
(3) 'Full-time' means 30 hours of work for the state per week for more than 26 weeks per58
calendar year.59
(4) 'Part-time' means any amount of work other than full-time work.60
(5) 'Substantial interest' means the direct or indirect ownership of more than 5 percent61
of the assets or stock of any business.62
(6) 'Transact business' or 'transact any business' means to sell or lease any personal63
property, real property, or services on behalf of oneself or on behalf of any third party as64
an agent, broker, dealer, or representative and to purchase surplus real or personal65
property on behalf of oneself or on behalf of any third party as an agent, broker, dealer,66
or representative.67
(b) In addition to and notwithstanding any contrary provisions of Chapter 10 of Title 45,68
it shall be unlawful for any member of the State Board of Elections, the Secretary of State, 69
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a county or municipal superintendent or registrar, or any full-time, part-time, or contractual70
employee of such officer or official, for himself or herself or on behalf of any business, or71
for any business in which such officer, official, or employee or member of his or her family72
has a substantial interest to transact any business with a business that has contracted with73
the state, or any county or municipal government, to provide goods or services related to74
voting equipment or any other equipment related to the tabulation, auditing, processing, or75
scanning of ballots."76
SECTION 3.1.77
Code Section 21-2-172 of the Official Code of Georgia Annotated, relating to nomination78
of presidential electors and candidates of political bodies by convention, is amended by79
adding a new subsection to read as follows:80
"(g) Notwithstanding any provision of law to the contrary, any political party or political81
body which has obtained ballot access in no fewer than 20 states or territories for the office82
of presidential elector shall be allowed to qualify candidates for presidential elector and83
receive access to the general election ballot for the purpose of election of the office of84
presidential elector."85
SECTION 4.86
Said chapter is further amended by revising Code Section 21-2-217, relating to rules for87
determining residence, as follows:88
"21-2-217.89
(a) In determining the residence of a person desiring to register to vote or to qualify to run90
for elective office, the following rules shall be followed so far as they are applicable:91
(1) The residence of any person shall be held to be in that place in which such person's92
habitation is fixed, without any present intention of removing therefrom;93
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(1.1) The mailing address for election purposes of any person of this state who is94
homeless and without a permanent address shall be the registrar's office of the county in95
which such person resides;96
(2) A person shall not be considered to have lost such person's residence who leaves such97
person's home and goes into another state or county or municipality in this state, for98
temporary purposes only, with the intention of returning, unless such person shall register99
to vote or perform other acts indicating a desire to change such person's citizenship and100
residence; provided, however, that:101
(A) If a person registers to vote in another state, county, municipality, or legislative102
district of any type or sort, that person shall be deemed to have changed his or her103
residency;104
(B) If a person returns to his or her original or new residence after voting or registering105
to vote in a different or separate jurisdiction, such person shall update their voter106
registration with their current residency jurisdiction in order to be deemed a valid107
registered elector and resident of such jurisdiction for voting purposes; and108
(C) Proof of ownership or rental of a post office box or private mailbox service address109
within a particular jurisdiction shall not constitute sufficient grounds to establish a110
person's residency within that particular jurisdiction;111
(3) A person shall not be considered to have gained a residence in any county or112
municipality of this state into which such person has come for temporary purposes only113
without the intention of making such county or municipality such person's permanent114
place of abode;115
(4) If a person removes to another state with the intention of making it such person's116
residence, such person shall be considered to have lost such person's residence in this117
state;118
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(4.1) If a person removes to another county or municipality in this state with the
119
intention of making it such person's residence, such person shall be considered to have120
lost such person's residence in the former county or municipality in this state;121
(5) If a person removes to another state with the intention of remaining there an122
indefinite time and making such state such person's place of residence, such person shall123
be considered to have lost such person's residence in this state, notwithstanding that such124
person may intend to return at some indefinite future period;125
(6) If a person removes to another county or municipality within this state with the126
intention of remaining there an indefinite time and making such other county or127
municipality such person's place of residence, such person shall be considered to have128
lost such person's residence in the former county or municipality, notwithstanding that129
such person may intend to return at some indefinite future period;130
(7) The residence for voting purposes of a person shall not be required to be the same as131
the residence for voting purposes of his or her spouse;132
(8) No person shall be deemed to have gained or lost a residence by reason of such133
person's presence or absence while enrolled as a student at any college, university, or134
other institution of learning in this state;135
(9) The mere intention to acquire a new residence, without the fact of removal, shall136
avail nothing; neither shall the fact of removal without the intention;137
(10) No member of the armed forces of the United States shall be deemed to have138
acquired a residence in this state by reason of being stationed on duty in this state;139
(11) If a person removes to the District of Columbia or other federal territory, another140
state, or foreign country to engage in government service, such person shall not be141
considered to have lost such person's residence in this state during the period of such142
service; and the place where the person resided at the time of such person's removal shall143
be considered and held to be such person's place of residence;144
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(12) If a person is adjudged mentally ill and is committed to an institution for the
145
mentally ill, such person shall not be considered to have gained a residence in the county146
in which the institution to which such person is committed is located;147
(13) If a person goes into another state and while there exercises the right of a citizen by148
voting, such person shall be considered to have lost such person's residence in this state;149
(14) The specific address in the county or municipality in which a person has declared150
a homestead exemption, if a homestead exemption has been claimed, shall be deemed the151
person's residence address; and152
(15) For voter registration purposes, the board of registrars and, for candidacy residency153
purposes, the Secretary of State, election superintendent, or hearing officer may consider154
evidence of where the person receives significant mail such as personal bills and any155
other evidence that indicates where the person resides.156
(b) In determining a voter's qualification to register and vote, the registrars to whom such157
application is made shall consider, in addition to the applicant's expressed intent, any158
relevant circumstances determining the applicant's residence. The registrars taking such159
registration may consider the applicant's financial independence, business pursuits,160
employment, income sources, residence for income tax purposes, age, marital status,161
residence of parents, spouse, and children, if any, leaseholds, sites of personal and real162
property owned by the applicant, motor vehicle and other personal property registration,163
National Change of Address program information sponsored by the United States Postal
164
Service, and other such factors that the registrars may reasonably deem necessary to165
determine the qualification of an applicant to vote in a primary or election. The decision166
of the registrars to whom such application is made shall be presumptive evidence of a167
person's residence for voting purposes."168
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SECTION 5.
169
Said chapter is further amended by revising subsection (b) of Code Section 21-2-230, relating170
to challenge of persons on list of electors by other electors, procedure, hearing, and right of171
appeal, and by adding a new subsection to read as follows:172
"(b) Upon the filing of such challenge, the board of registrars shall immediately consider173
such challenge and determine whether probable cause exists to sustain such challenge. If174
the registrars do not find probable cause, the challenge shall be denied. If the registrars175
find probable cause, the registrars shall notify the poll officers of the challenged elector's176
precinct or, if the challenged elector voted by absentee ballot, notify the poll officers at the177
absentee ballot precinct and, if practical, notify the challenged elector and afford such178
elector an opportunity to answer. Probable causes shall include, but not be limited to, an
179
elector who is deceased; an elector voting or registering to vote in a different jurisdiction;180
an elector obtaining a homestead exemption in a different jurisdiction; or an elector being181
registered at a nonresidential address as confirmed or listed by or in a government office,182
data base, website, or publicly available sources derived solely from such governmental183
sources. If a challenged elector's name appears on the National Change of Address data184
base, as maintained by the United States Postal Service, as having changed such elector's185
residence to a different jurisdiction, the presence of such elector's name on such data base186
shall be insufficient cause to sustain the challenge against the elector unless additional187
evidence would indicate that the elector has lost his or her residency as determined188
pursuant to Code Section 21-2-217; provided, however, that:189
(1) Any challenge of an elector within 45 days of a primary, run-off primary, election,190
or run-off election shall be postponed until the certification of such primary, election, or191
runoff is completed; and192
(2) Any challenge of an elector who is determined eligible pursuant to the residency193
determinations provided for in paragraph (8), (10), or (11) of subsection (a) of Code194
Section 21-2-217 shall be deemed insufficient to sustain such challenge."195
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"(k) Any challenge of an elector that occurs during a primary or general election shall196
continue through the run-off primary or run-off election of such primary or general197
election."198
SECTION 6.199
Said chapter is further amended in Code Section 21-2-300, relating to provision of new200
voting equipment by state, uniform system for all elections to be conducted with the use of201
scanning ballots marked by electronic ballot markers, pilot programs, county responsibilities,202
education, and county and municipal contracts for equipment, by adding a new subsection203
to read as follows:204
"(f)(1) Notwithstanding any provision of this Code section to the contrary, provided that205
the county election superintendent has petitioned and received the approval of the State206
Election Board at least 10 days prior to the beginning of advance voting, in any election207
with less than 5,000 registered electors, such superintendent may provide the electors208
physical ballots on the same type of ballot that is used for absentee ballots pursuant to209
subsection (a) of Code Section 21-2-383 and allow electors to mark their ballot using a210
pen, pencil, or similar non-electronic writing tool as an alternative to using electronic211
ballot marking devices.212
(2) Such physical ballots may only be used to conduct:213
(A) Special primaries, special elections, or runoffs thereof for county offices; or214
(B) Special elections to present a question to the voters of a county.215
Furthermore, such primary, special primary, election, or special election shall occur216
independently and apart from a presidential preference primary, state-wide general217
primary, state-wide special primary, state-wide general election, or state-wide special218
election."219
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SECTION 7.
220
Said chapter is further amended in Code Section 21-2-379.23, relating to requirements for221
ballot display, role of Secretary of State, and printed paper ballot controls during recount, by222
revising subsection (d) as follows:223
"(d) The text portion of the
paper ballot marked and printed by the electronic ballot marker224
indicating the elector's selection shall constitute the official ballot and shall be used for, and225
govern the result in, constitute the official vote for purposes of vote tabulation, any recount226
conducted pursuant to Code Section 21-2-495, and any audit conducted pursuant to Code227
Section 21-2-498. The official tabulation count of any ballot scanner shall be based upon228
the text portion or the machine mark, provided that such mark clearly denotes the elector's229
selection and does not use a QR code, bar code, or similar coding, of such ballots and not230
any machine coding that may be printed on such ballots."231
SECTION 8.232
Said chapter is further amended in Code Section 21-2-386, relating to safekeeping,233
certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to234
location designated by superintendent, duties of superintendent and managers, precinct235
returns, report of returns of verified and accepted absentee ballots cast as soon as possible236
following closing of polls, notification of challenged elector, and unlawful disclosure of237
tabulation results, by revising paragraph (3) of subsection (a) as follows:238
"(3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on239
the day of the primary, election, or runoff begin tabulating the absentee ballots; provided,240
however, that all absentee ballots that have been verified and accepted pursuant to241
subparagraph (a)(1)(B) of this Code section by the Monday prior to the day of the242
primary, election, or runoff shall be tabulated and the results reported by no later than243
8:00 P.M. on the day of such primary, election, or runoff or within one hour of the244
closing of all polls in such county, whichever occurs later. If the county election245
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superintendent chooses to open the inner envelopes and begin tabulating such ballots
246
prior to the close of the polls on the day of the primary, election, or runoff, the247
superintendent shall notify in writing, at least seven days prior to the primary, election,248
or runoff, the Secretary of State of the superintendent's intent to begin the absentee ballot249
tabulation prior to the close of the polls. The county executive committee or, if there is250
no organized county executive committee, the state executive committee of each political251
party and political body having candidates whose names appear on the ballot for such252
election in such county shall have the right to designate two persons and each253
independent and nonpartisan candidate whose name appears on the ballot for such254
election in such county shall have the right to designate one person to act as monitors for255
such process. In the event that the only issue to be voted upon in an election is a256
referendum question, the superintendent shall also notify in writing the chief judge of the257
superior court of the county who shall appoint two electors of the county to monitor such258
process."259
SECTION 9.260
Said chapter is further amended by revising Code Section 21-2-386, relating to safekeeping,261
certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to262
location designated by superintendent, duties of superintendent and managers, precinct263
returns, report of returns of verified and accepted absentee ballots cast as soon as possible264
following closing of polls, notification of challenged elector, and unlawful disclosure of265
tabulation results, as follows:266
"21-2-386.267
(a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely, unopened,268
and stored in a manner that will prevent tampering and unauthorized access to and shall
269
document authorized access to all official absentee ballots received from absentee270
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electors prior to the closing of the polls on the day of the primary or election except as
271
otherwise provided in this subsection.272
(B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the273
receipt of the ballot on its envelope. The registrar or clerk shall then compare the274
number of the elector's Georgia driver's license number or state identification card275
issued pursuant to Article 5 of Chapter 5 of Title 40 and date of birth entered on the276
absentee ballot envelope with the same information contained in the elector's voter277
registration records. If the elector has affirmed on the envelope that he or she does not278
have a Georgia driver's license or state identification card issued pursuant to Article 5279
of Chapter 5 of Title 40, the registrar or clerk shall compare the last four digits of the280
elector's social security number and date of birth entered on the envelope with the same281
information contained in the elector's voter registration records. The registrar or clerk282
shall also confirm that the elector signed the oath and the person assisting the elector,283
if any, signed the required oath. If the elector has signed the elector's oath, the person284
assisting has signed the required oath, if applicable, and the identifying information285
entered on the absentee ballot envelope matches the same information contained in the286
elector's voter registration record, the registrar or clerk shall so certify by signing or287
initialing his or her name below the voter's oath. Each elector's name so certified shall288
be listed by the registrar or clerk on the numbered list of absentee voters prepared for289
his or her precinct. All accepted absentee ballots shall be securely stored in either a
290
sealed container or appropriately secured in an access controlled room that will prevent291
tampering or unauthorized access prior to the scanning of such ballots.292
(C) If the elector has failed to sign the oath, or if the identifying information entered293
on the absentee ballot envelope does not match the same information appearing in the294
elector's voter registration record, or if the elector has failed to furnish required295
information or information so furnished does not conform with that on file in the296
registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the297
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registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason
298
therefor. The board of registrars or absentee ballot clerk shall promptly notify the299
elector of such rejection, a copy of which notification shall be retained in the files of300
the board of registrars or absentee ballot clerk for at least two years. Such elector shall301
have until the end of the period for verifying provisional ballots contained in302
subsection (c) of Code Section 21-2-419 to cure the problem resulting in the rejection303
of the ballot. The elector may cure a failure to sign the oath, nonmatching identifying304
information, or missing information by submitting an affidavit to the board of registrars305
or absentee ballot clerk along with a copy of one of the forms of identification306
enumerated in subsection (c) of Code Section 21-2-417 before the close of such period.307
The affidavit shall affirm that the ballot was submitted by the elector, is the elector's308
ballot, and that the elector is registered and qualified to vote in the primary, election,309
or runoff in question. If the board of registrars or absentee ballot clerk finds the310
affidavit and identification to be sufficient, the absentee ballot shall be counted.311
(D) An elector who registered to vote by mail, but did not comply with subsection (c)312
of Code Section 21-2-220, and who votes for the first time in this state by absentee313
ballot shall include with his or her application for an absentee ballot or in the outer oath314
envelope of his or her absentee ballot either one of the forms of identification listed in315
subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank316
statement, government check, paycheck, or other government document that shows the317
name and address of such elector. If such elector does not provide any of the forms of318
identification listed in this subparagraph with his or her application for an absentee319
ballot or with the absentee ballot, such absentee ballot shall be deemed to be a320
provisional ballot and such ballot shall only be counted if the registrars are able to321
verify current and valid identification of the elector as provided in this subparagraph322
within the time period for verifying provisional ballots pursuant to Code323
Section 21-2-419. The board of registrars or absentee ballot clerk shall promptly notify324
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the elector that such ballot is deemed a provisional ballot and shall provide information
325
on the types of identification needed and how and when such identification is to be326
submitted to the board of registrars or absentee ballot clerk to verify the ballot.327
(E) Three copies of the numbered list of voters shall also be prepared for such rejected328
absentee electors, giving the name of the elector and the reason for the rejection in each329
case. Three copies of the numbered list of certified absentee voters and three copies of330
the numbered list of rejected absentee voters for each precinct shall be turned over to331
the poll manager in charge of counting the absentee ballots and shall be distributed as332
required by law for numbered lists of voters.333
(F) All absentee ballots returned to the board or absentee ballot clerk after the closing334
of the polls on the day of the primary or election shall be safely kept unopened by the335
board or absentee ballot clerk and then transferred to the appropriate clerk with the
336
documentation provided for in subparagraph (a)(1)(A) of this Code section for storage337
in a manner that will prevent tampering for the period of time required for the338
preservation of ballots used at the primary or election and shall then, without being339
opened, be destroyed in like manner as the used ballots of the primary or election. The340
board of registrars or absentee ballot clerk shall promptly notify the elector by341
first-class mail that the elector's ballot was returned too late to be counted and that the342
elector will not receive credit for voting in the primary or election. All such late343
absentee ballots shall be delivered to the appropriate clerk and stored as provided in344
Code Section 21-2-390.345
(G) Notwithstanding any provision of this chapter to the contrary, until the United346
States Department of Defense notifies the Secretary of State that the Department of347
Defense has implemented a system of expedited absentee voting for those electors348
covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by349
eligible absentee electors who reside outside the county or municipality in which the350
primary, election, or runoff is held and are members of the armed forces of the United351
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States, members of the merchant marine of the United States, spouses or dependents of
352
members of the armed forces or merchant marine residing with or accompanying such353
members, or overseas citizens that are postmarked by the date of such primary, election,354
or runoff and are received within the three-day period following such primary, election,355
or runoff, if proper in all other respects, shall be valid ballots and shall be counted and356
included in the certified election results.357
(2)(A) Beginning at 8:00 A.M. on the third Monday prior to the day of the primary,358
election, or runoff, the election superintendent shall be authorized to open the outer oath359
envelope of absentee ballots that have been verified and accepted pursuant to360
subparagraph (a)(1)(B) of this Code section, remove the contents of such outer361
envelope, open the inner envelope marked 'Official Absentee Ballot,' and scan the362
absentee ballot using one or more ballot scanners. At least three persons who are363
registrars, deputy registrars, poll workers, or absentee ballot clerks must
shall be present364
before commencing; and three persons who are registrars, deputy registrars, or absentee365
ballot clerks shall be present at all times while the sealed containers containing verified366
and accepted absentee ballots are unsealed and verified for integrity, while the absentee367
ballot envelopes are being opened, and while the absentee ballots are being scanned. 368
However, no person shall tally, tabulate, estimate, or attempt to tally, tabulate, or369
estimate or cause the ballot scanner or any other equipment to produce any tally or370
tabulate, partial or otherwise, of the absentee ballots cast until the time for the closing371
of the polls on the day of the primary, election, or runoff except as provided in this372
Code section. Prior to beginning the process set forth in this paragraph, the373
superintendent shall provide written notice to the Secretary of State in writing at least374
seven days prior to processing and scanning absentee ballots. Such notice shall contain375
the dates, start and end times, and location or locations where absentee ballots will be376
processed and scanned. The superintendent shall also post such notice publicly in a377
prominent location in the superintendent's office and on the home page of the county378
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election superintendent's website, if the county election superintendent maintains such
379
a website. The Secretary of State shall publish on his or her website the information380
he or she receives from superintendents stating the dates, times, and locations where381
absentee ballots will be processed.382
(B) The proceedings set forth in this paragraph shall be open to the view of the public,383
but no person except one employed and designated by the superintendent shall touch384
any ballot or ballot container. Any person involved in processing and scanning385
absentee ballots shall swear an oath, in the same form as the oath for poll officers386
provided in Code Section 21-2-95, prior to beginning the processing and scanning of387
absentee ballots. The county executive committee or, if there is no organized county388
executive committee, the state executive committee of each political party and political389
body having candidates whose names appear on the ballot for such election shall have390
the right to designate two persons and each independent and nonpartisan candidate391
whose name appears on the ballot for such election shall have the right to designate one392
person to act as monitors for such process. In the event that the only issue to be voted393
upon in an election is a referendum question, the superintendent shall also notify in394
writing the chief judge of the superior court of the county who shall appoint two395
electors of the county to monitor such process. While viewing or monitoring the396
process set forth in this paragraph, monitors and observers shall be prohibited from:397
(i) In any way interfering with the processing or scanning of absentee ballots or the398
conduct of the election;399
(ii) Using or bringing into the room any photographic or other electronic monitoring400
or recording devices, cellular telephones, or computers;401
(iii) Engaging in any form of campaigning or campaign activity;402
(iv) Taking any action that endangers the secrecy and security of the ballots;403
(v) Touching any ballot or ballot container;404
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(vi) Tallying, tabulating, estimating, or attempting to tally, tabulate, or estimate,
405
whether partial or otherwise, any of the votes on the absentee ballots cast; and406
(vii) Communicating any information that they see while monitoring the processing407
and scanning of the absentee ballots, whether intentionally or inadvertently, about any408
ballot, vote, or selection to anyone other than an election official who needs such409
information to lawfully carry out his or her official duties.410
(C) The State Election Board shall promulgate rules requiring reconciliation411
procedures; prompt and undelayed scanning of ballots after absentee ballot envelopes412
are opened; secrecy of election results prior to the closing of the polls on the day of a413
primary, election, or runoff; and other protections to protect the integrity of the process414
set forth in this paragraph.415
(D) At the conclusion of the scanning of ballots, such scanned ballots shall be stored
416
in tamper-resistant containers sealed with numbered seals, the number of which shall417
be recorded on the chain of custody document specified by the Secretary of State, and418
such forms shall be signed by the person storing the ballots and the date and time of419
storage shall be entered on such forms.420
(3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on the421
day of the primary, election, or runoff begin tabulating the absentee ballots; provided,422
however, that all absentee ballots that have been verified and accepted pursuant to423
subparagraph (a)(1)(B) of this Code section by the Monday prior to the day of the424
primary, election, or runoff shall be tabulated and the results reported by no later than425
8:00 P.M. on the day of such primary, election, or runoff or within one hour of the426
closing of all polls in such county, whichever occurs later. If the county election427
superintendent chooses to open the inner envelopes and begin tabulating such ballots428
prior to the close of the polls on the day of the primary, election, or runoff, the429
superintendent shall notify in writing, at least seven days prior to the primary, election,430
or runoff, the Secretary of State of the superintendent's intent to begin the absentee ballot431
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tabulation prior to the close of the polls. The county executive committee or, if there is
432
no organized county executive committee, the state executive committee of each political433
party and political body having candidates whose names appear on the ballot for such434
election in such county shall have the right to designate two persons and each435
independent and nonpartisan candidate whose name appears on the ballot for such436
election in such county shall have the right to designate one person to act as monitors for437
such process. In the event that the only issue to be voted upon in an election is a438
referendum question, the superintendent shall also notify in writing the chief judge of the439
superior court of the county who shall appoint two electors of the county to monitor such440
process.441
(4) The county election superintendent shall publish a written notice in the442
superintendent's office of the superintendent's intent to begin the absentee ballot443
tabulation prior to the close of the polls and publish such notice at least one week prior444
to the primary, election, or runoff in the legal organ of the county.445
(5) The process for opening absentee ballot envelopes, scanning absentee ballots, and446
tabulating absentee ballots on the day of a primary, election, or runoff as provided in this447
subsection shall be conducted in a manner to maintain the secrecy of all ballots and to448
protect the disclosure of any balloting information before 7:00 P.M. on election day. No449
absentee ballots shall be tabulated before 7:00 A.M. on the day of a primary, election, or450
runoff.451
(6) All persons conducting the tabulation of absentee ballots during the day of a primary,452
election, or runoff, including the vote review panel required by Code Section 21-2-483,453
and all monitors and observers shall be sequestered until the time for the closing of the454
polls. All such persons shall have no contact with the news media; shall have no contact455
with other persons not involved in monitoring, observing, or conducting the tabulation;456
shall not use any type of communication device including radios, telephones, and cellular457
telephones; shall not utilize computers for the purpose of email, instant messaging, or458
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other forms of communication; and shall not communicate any information concerning
459
the tabulation until the time for the closing of the polls; provided, however, that460
supervisory and technical assistance personnel shall be permitted to enter and leave the461
area in which the tabulation is being conducted but shall not communicate any462
information concerning the tabulation to anyone other than the county election463
superintendent; the staff of the superintendent; those persons conducting, observing, or464
monitoring the tabulation; and those persons whose technical assistance is needed for the465
tabulation process to operate.466
(7) The absentee ballots shall be tabulated in accordance with the procedures of this467
chapter for the tabulation of absentee ballots. As such ballots are tabulated, they shall be468
placed into locked ballot boxes and may be transferred to locked ballot bags, if needed,469
for security. Such boxes or bags shall be sealed and witnessed and verified by each
470
person taking custody of such items by each such person's signature and date and time471
of taking custody. The persons conducting the tabulation of the absentee ballots shall not472
cause the tabulating equipment to produce any count, partial or otherwise, of the absentee473
votes cast until the time for the closing of the polls except as otherwise provided in this474
Code section.475
(b) When requested by the superintendent, but not earlier than the third Monday prior to476
a primary, election, or runoff, a registrar or absentee ballot clerk shall deliver the official477
absentee ballot of each certified absentee elector, each rejected absentee ballot, applications478
for such ballots, and copies of the numbered lists of certified and rejected absentee electors479
to the location designated by the superintendent in secure, sealed containers with the chain480
of custody documents as specified by the Secretary of State and the signature and date and481
time of the person taking custody, and the superintendent or official receiving such482
absentee ballots shall issue his or her receipt therefor.483
(c) The superintendent shall cause the verified and accepted absentee ballots to be opened484
and tabulated as provided in this Code section. A manager shall then open the outer485
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envelope in such manner as not to destroy the oath printed thereon and shall deposit the
486
inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee487
ballots with an accompanying chain of custody documentation. Such ballot box shall be
488
securely sealed if it is not in the direct control of the poll officers or if it is transferred to489
a different room or facility for tabulation. In the event that an outer envelope is found to490
contain an absentee ballot that is not in an inner envelope, the ballot shall be sealed in an491
inner envelope, initialed and dated by the person sealing the inner envelope, and deposited492
in the ballot box and counted in the same manner as other absentee ballots, provided that493
such ballot is otherwise proper. Such manager with two assistant managers, appointed by494
the superintendent, with such clerks as the manager deems necessary shall count the495
absentee ballots following the procedures prescribed by this chapter for other ballots,496
insofar as practicable.497
(d) All absentee ballots shall be counted and tabulated in such a manner that returns may498
be reported by precinct; and separate returns shall be made for each precinct in which499
absentee ballots were cast showing the results by each precinct in which the electors reside.500
The superintendent shall utilize the procedures set forth in this Code section to ensure that501
the returns of verified and accepted absentee ballots cast are reported to the public as soon502
as possible following the closing of the polls on the day of the primary, election, or runoff.503
Failure to utilize these procedures to ensure that the returns of verified and accepted504
absentee ballots are reported as soon as possible following the close of polls shall subject505
the superintendent to sanctions by the State Election Board. If a superintendent fails to506
report the returns of verified and accepted absentee ballots by the day following the507
election at 5:00 P.M., the State Election Board may convene an independent performance508
review board pursuant to Code Section 21-2-107.509
(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall510
write 'Challenged,' the elector's name, and the alleged cause of challenge on the outer511
envelope and shall deposit the ballot in a secure, sealed ballot box for which there shall be512
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a chain of custody document as specified by the Secretary of State on which is recorded513
and witnessed the name and signature of each person taking custody of such ballots; and514
it shall be counted as other challenged ballots are counted. Where direct recording515
electronic voting systems are used for absentee balloting and a challenge to an elector's516
right to vote is made prior to the time that the elector votes, the elector shall vote on a paper517
or optical scanning ballot and such ballot shall be handled as provided in this subsection. 518
The board of registrars or absentee ballot clerk shall promptly notify the elector of such519
challenge.520
(f) It shall be unlawful at any time prior to the close of the polls for any person to disclose521
or for any person to receive any information regarding the results of the tabulation of522
absentee ballots except as expressly provided by law."523
SECTION 10.524
Said chapter is further amended in Code Section 21-2-493, relating to computation,525
canvassing, and tabulation of returns, investigation of discrepancies in vote counts, recount526
procedure, pilot program for posting of digital images of scanned paper ballots, certification527
of returns, and change in returns, by revising subsection (a) and adding a new subsection to528
read as follows:529
"(a) The superintendent shall, after the close of the polls on the day of a primary or530
election, at his or her office or at some other convenient public place at the county seat or531
in the municipality, of which due notice shall have been given as provided by Code532
Section 21-2-492, publicly commence the computation and canvassing of the returns and533
continue until all absentee ballots received by the close of the polls, including those cast534
by advance voting,; provided, however, that such votes cast by advance voting shall be535
tabulated and the results reported by no later than 8:00 P.M. on such day or within one hour536
of the closing of all polls in such county, whichever occurs later, and all ballots cast on the537
day of the primary or election have been counted and tabulated and the results of such538
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tabulation released to the public and, then, continuing with provisional ballots as provided
539
in Code Sections 21-2-418 and 21-2-419 and those absentee ballots as provided in540
subparagraph (a)(1)(G) of Code Section 21-2-386 from day to day until completed. For541
this purpose, the superintendent may organize his or her assistants into sections, each of542
whom may simultaneously proceed with the computation and canvassing of the returns543
from various precincts of the county or municipality in the manner provided by this Code544
section. Upon the completion of such computation and canvassing, the superintendent545
shall tabulate the figures for the entire county or municipality and sign, announce, and546
attest the same, as required by this Code section."547
"(j.2)(1) On or after January 1, 2025, in the event that a superintendent receives a request
548
pursuant to Code Section 50-18-71 for scanned ballot images at a resolution higher than549
the ballot images available from the Secretary of State pursuant to subsection (j.1) of this550
Code section, and such request is received following the final certification of the results551
of the election in which such ballots were created, the superintendent shall, consistent552
with Code Section 50-18-71, produce digital scans of the requested ballots at a resolution553
of no less than 600 dots per inch and deliver such scans to the requestor. A person554
making a request pursuant to this subsection may observe the scanning and related555
handling process, but under no circumstances shall anyone other than an authorized556
election official touch or handle a physical ballot.557
(2) Notwithstanding any seal provided for by Code Section 21-2-500, a superintendent558
shall have access to the ballots cast within its jurisdiction so as to comply with the559
provisions of this subsection. Upon receiving a request pursuant to this subsection, the560
superintendent shall notify the clerk of the superior court or, if designated by the clerk of561
the superior court, the county records manager or other office or official under the562
jurisdiction of a county governing authority which maintains or is responsible for563
maintaining such sealed ballots, and such official or office that maintains such requested564
ballot shall provide the superintendent access to such ballot without the need for565
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obtaining a court order. All ballots provided to a superintendent pursuant to this566
paragraph shall be immediately returned by such superintendent to the official or office567
that maintains such ballots upon the scanning of such ballot."568
SECTION 11.569
Said chapter is further amended by adding a new Code section to read as follows:570
"21-2-498.1.571
The Secretary of State shall create a pilot program for the auditing of paper ballot images572
using optical character recognition technology or other related technology which shall573
verify the human-readable text portion of the ballot. Such auditing program shall not be574
based on or tabulate any QR code, bar code, or similar machine coding that may be printed575
on such ballots. Such audits shall include all ballot types, and the audit findings shall be576
reported prior to final certification of the election."577
SECTION 12.578
Said chapter is further amended in Code Section 21-2-540, relating to conduct of special579
primaries and special elections generally, by revising subsection (b) as follows:580
"(b) At least 29 days shall intervene between the call of a special primary and the holding581
of same, and at least 29 days shall intervene between the call of a special election and the582
holding of same. The period during which candidates may qualify to run in a special583
primary or a special election shall remain open for a minimum of two and one-half days. 584
Special primaries and special elections to present questions to the voters which are to be585
held in conjunction with the presidential preference primary, a state-wide general primary,586
or state-wide general election shall be called at least 90 days prior to the date of such587
presidential preference primary, state-wide general primary, or state-wide general election;588
provided, however, that this requirement shall not apply to special primaries and special589
elections to present questions to the voters held on the same date as such presidential590
S. B. 189
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preference primary, state-wide general primary, or state-wide general election but
591
conducted completely separate and apart from such state-wide general primary or592
state-wide general election using different ballots or voting equipment, facilities, poll593
workers, and paperwork."594
SECTION 13.595
(a) This section and Sections 12 and 14 of this Act shall become effective upon its approval596
by the Governor or upon its becoming law without such approval.597
(b) Sections 1, 2, 3, 3.1, 5, 8, 10, and 11 of this Act shall become effective on July 1, 2024.598
(c) Sections 4, 6, and 9 of this Act shall become effective on January 1, 2025.599
(d) Section 7 of this Act shall become effective on July 1, 2026.600
SECTION 14.601
All laws and parts of laws in conflict with this Act are repealed. All laws and parts of laws602
in conflict with this Act are repealed.603
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