23 LC 47 2270
S. B. 221
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Senate Bill 221
By: Senators Burns of the 23rd, Williams of the 25th, Harbin of the 16th, Anavitarte of the
31st and Gooch of the 51st
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
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primaries and elections generally, so as to revise the language that must be used on absentee2
ballot applications distributed by persons or entities; to revise provisions relating to advance3
voting on certain Saturdays preceding or following legal holidays; to revise the latest4
reporting time for required election night reporting; to mandate audits following all5
state-wide primaries or elections; to penalize the willful neglect or refusal of a county or6
municipal election superintendent to call an election where required to do so by a local Act7
of the General Assembly; to provide for related matters; to repeal conflicting laws; and for8
other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and12
elections generally, is amended by revising subparagraph (a)(1)(C) of Code13
Section 21-2-381, relating to making of application for absentee ballot, determination of14
eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons15
entitled to make application, as follows:16 23 LC 47 2270
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"(C)(i) Any person applying for an absentee-by-mail ballot shall make application in
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writing on the form made available by the Secretary of State. In order to confirm the18
identity of the voter, such form shall require the elector to provide his or her name,19
date of birth, address as registered, address where the elector wishes the ballot to be20
mailed, and the number of his or her Georgia driver's license or identification card21
issued pursuant to Article 5 of Chapter 5 of Title 40. If such elector does not have a22
Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 523
of Title 40, the elector shall affirm this fact in the manner prescribed in the application24
and the elector shall provide a copy of a form of identification listed in subsection (c)25
of Code Section 21-2-417. The form made available by the Secretary of State shall26
include a space to affix a photocopy or electronic image of such identification. The27
Secretary of State shall develop a method to allow secure electronic transmission of28
such form. The application shall also include the identity of the primary, election, or29
runoff in which the elector wishes to vote; the name and relationship of the person30
requesting the ballot if other than the elector; and an oath for the elector or relative to31
write his or her usual signature with a pen and ink affirming that the elector is a32
qualified Georgia elector and the facts presented on the application are true.33
Submitting false information on an application for an absentee ballot shall be a34
violation of Code Sections 21-2-560 and 21-2-571.35
(ii) A blank application for an absentee ballot shall be made available online by the36
Secretary of State and each election superintendent and registrar, but neither the37
Secretary of State, election superintendent, board of registrars, other governmental38
entity, nor employee or agent thereof shall send absentee ballot applications directly39
to any elector except upon request of such elector or a relative authorized to request40
an absentee ballot for such elector. No person or entity other than a relative41
authorized to request an absentee ballot for such elector or a person signing as42
assisting an illiterate or physically disabled elector shall send any elector an absentee43 23 LC 47 2270
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ballot application that is prefilled with the elector's required information set forth in
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this subparagraph. No person or entity other than the elector, a relative authorized to45
request an absentee ballot for such elector, a person signing as assisting an illiterate46
or physically disabled elector with his or her application, a common carrier charged47
with returning the ballot application, an absentee ballot clerk, a registrar, or a law48
enforcement officer in the course of an investigation shall handle or return an elector's49
completed absentee ballot application. Handling a completed absentee ballot50
application by any person or entity other than as allowed in this subsection shall be51
a misdemeanor. Any application for an absentee ballot sent to any elector by any52
person or entity shall utilize the form of the application made available by the53
Secretary of State and shall clearly and prominently disclose on the face of the form:54
'This is NOT an official government publication and was NOT provided to you
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by any governmental entity and this is NOT a ballot. It is being distributed by56
[insert name and address of person, organization, or other entity distributing such57
document or material]58
This application is being distributed by [insert name and address of person,59
organization, or other entity distributing such document or material], not by any60
government agency or any state or local election office. THIS IS NOT A61
BALLOT.'62
(iii) The disclaimer required by division (ii) of this subparagraph shall be:63
(I) Of sufficient font size to be clearly readable by the recipient of the64
communication;65
(II) Be contained Contained in a printed box set apart from the other contents of the66
communication; and67
(III) Be printed Printed with a reasonable degree of color contrast between the68
background and the printed disclaimer."69 23 LC 47 2270
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SECTION 2.
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Said chapter is further amended by revising paragraph (1) of subsection (d) of Code71
Section 21-2-385, relating to procedure for voting by absentee ballot and advance voting, as72
follows:73
"(d)(1) There shall be a period of advance voting that shall commence:74
(A) On the fourth Monday immediately prior to each primary or election; and75
(B) As soon as possible prior to a runoff from any general primary or election but no76
later than the second Monday immediately prior to such runoff 77
and shall end on the Friday immediately prior to each primary, election, or runoff.78
Voting shall be conducted beginning at 9:00 A.M. and ending at 5:00 P.M. on weekdays,79
other than observed state holidays, during such period and shall be conducted on the80
second and third Saturdays during the hours of 9:00 A.M. through 5:00 P.M. and, if the81
registrar or absentee ballot clerk so chooses, the second Sunday, the third Sunday, or both82
the second and third Sundays prior to a primary,
or election, or runoff during hours83
determined by the registrar or absentee ballot clerk, but no longer than 7:00 A.M. through84
7:00 P.M.; provided, however, that, if such the first or second Saturday prior to a primary,85
election, or runoff is a public and legal holiday pursuant to Code Section 1-4-1, if such86
second Saturday follows a public and legal holiday occurring on the Thursday or Friday87
immediately preceding such second Saturday, or if such second Saturday immediately88
precedes a public and legal holiday occurring on the following Sunday or Monday, such89
advance voting shall not be held on such second Saturday but shall be held on the third90
Saturday prior to such primary or election, or if possible prior to such runoff, beginning91
at 9:00 A.M. and ending at 5:00 P.M. Except as otherwise provided in this paragraph,92
the registrars may extend the hours for voting to permit advance voting from 7:00 A.M.93
until 7:00 P.M. and may provide for additional voting locations pursuant to Code94
Section 21-2-382 to suit the needs of the electors of the jurisdiction at their option;95
provided, however, that voting shall occur only on the days specified in this paragraph96 23 LC 47 2270
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and counties and municipalities shall not be authorized to conduct advance voting on any
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other days."98
SECTION 3.99
Said chapter is further amended by revising Code Section 21-2-421, relating to posting of100
required information after closing of polls and reporting to Secretary of State, as follows:101
"21-2-421.102
(a) As soon as possible but not later than 10:00
11:59 P.M. following the close of the polls103
on the day of a primary, election, or runoff, the election superintendent shall report to the104
Secretary of State and post in a prominent public place the following information:105
(1) The number of ballots cast at the polls on the day of the primary, election, or runoff,106
including provisional ballots cast;107
(2) The number of ballots cast at advance voting locations during the advance voting108
period for the primary, election, or runoff; and109
(3) The total number of absentee ballots returned to the board of registrars by the110
deadline to receive such absentee ballots on the day of the primary, election, or runoff.111
(b) Upon the completion of the report provided for in subsection (a) of this Code section,112
the election superintendent shall compare the total number of ballots received as reported113
in subsection (a) of this Code section and the counting of the ballots in the primary,114
election, or runoff minus any rejected and uncured absentee ballots, uncounted provisional115
ballots, and any other uncounted ballots, with the total number of ballots cast in the116
primary, election, or runoff. The results of such comparison and all explanatory materials117
shall be reported to the Secretary of State. The reason for any discrepancy shall be fully118
investigated and reported to the Secretary of State."119 23 LC 47 2270
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SECTION 4.
120
Said chapter is further amended by revising Code Section 21-2-498, relating to121
precertification tabulation audits, as follows:122
"21-2-498.123
(a) As used in this Code section, the term:124
(1) 'Incorrect outcome' is when
means the winner of a contest or the answer to a125
proposed constitutional amendment or question would be different from the results found126
in a manual recount of paper official ballots.127
(2) 'Risk limit' means the largest statistical probability that an incorrect outcome is not128
detected or corrected in a risk-limiting audit.129
(3) 'Risk-limiting audit' means an audit protocol that makes use of statistical methods and130
is designed to limit to acceptable levels the risk of certifying a preliminary election131
outcome that constitutes an incorrect outcome.132
(b) As soon as possible, but no later than the November, 2020, general election, the local133
Local election superintendents shall conduct precertification tabulation risk-limiting audits134
for any federal or state primary or general election in accordance with requirements set135
forth by rule or regulation of the State Election Board. Audits performed under this Code136
section shall be conducted by manual inspection of random samples of the paper official137
ballots.138
(c) In conducting each audit, the local election superintendents shall:139
(1) Complete the audit prior to final certification of the contest;140
(2) Ensure that all types of ballots are included in the audit, whether cast in person, by141
absentee ballot, advance voting, provisional ballot, or otherwise;142
(3) Provide a report of the unofficial final tabulated vote results for the contest to the143
public prior to conducting the audit;144
(4) Complete the audit in public view; and145
(5) Provide details of the audit to the public within 48 hours of completion.146 23 LC 47 2270
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(d) The State Election Board shall be authorized to promulgate rules, regulations, and
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procedures to implement and administer the provisions of this Code section. The148
procedures prescribed by the State Election Board shall include security procedures to149
ensure that collection of validly cast ballots is complete, accurate, and trustworthy150
throughout the audit.151
(e) The Secretary of State shall conduct a risk-limiting audit pilot program with a risk limit
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of not greater than 10 percent in one or more counties by December 31, 2021. The153
Secretary of State shall review the results of the pilot program and, within 90 days154
following the election in which such pilot program is used, shall provide the members of155
the General Assembly with a comprehensive report, including a plan on how to implement156
risk-limiting audits state wide. If such risk-limiting audit is successful in achieving the157
specified confidence level within five business days following the election for which it was158
conducted, then all audits performed pursuant to this Code section shall be similarly159
conducted, beginning not later than November 1, 2024."160
SECTION 5.161
Said chapter is further amended by adding a new Code section to read as follows:162
"21-2-596.1.163
Any county or municipal election superintendent on whom a duty to call an election is laid164
by a local Act of the General Assembly who willfully neglects or refuses to perform his or165
her duty shall be guilty of a misdemeanor."166
SECTION 6.167
All laws and parts of laws in conflict with this Act are repealed.168