| 9 | | - | States; to revise the rules for determining residence for voter registration; to provide that4 |
|---|
| 10 | | - | motor-voter applications shall be opt-in instead of opt-out; to revise provisions related to5 |
|---|
| 11 | | - | challenging electors; to provide for voting with paper ballots; to provide a definition; to6 |
|---|
| 12 | | - | expand the crime of interfering with a poll officer to include interfering with other election7 |
|---|
| 13 | | - | officials; to provide that intimidation of poll officers and other election officials is also8 |
|---|
| 14 | | - | criminal interference; to penalize the willful neglect or refusal of a county or municipal9 |
|---|
| 15 | | - | election superintendent to call an election where required to do so by a local Act of the10 |
|---|
| 16 | | - | General Assembly; to provide for related matters; to repeal conflicting laws; and for other11 |
|---|
| 17 | | - | purposes.12 |
|---|
| 18 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 |
|---|
| 19 | | - | SECTION 1.14 |
|---|
| 20 | | - | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and15 |
|---|
| 21 | | - | primaries generally, is amended by adding a new Code section to read as follows:16 |
|---|
| 22 | | - | - 1 - 24 LC 47 2914S |
|---|
| 23 | | - | "21-2-78.17 |
|---|
| 24 | | - | Any person employed or retained by a county election superintendent to undertake any18 |
|---|
| 25 | | - | election related duties arising from this chapter shall be a judicious, intelligent, and upright19 |
|---|
| 26 | | - | citizen of the United States."20 |
|---|
| 27 | | - | SECTION 2.21 |
|---|
| 28 | | - | Said chapter is further amended by revising Code Section 21-2-217, relating to rules for22 |
|---|
| 29 | | - | determining residence, as follows:23 |
|---|
| 30 | | - | "21-2-217.24 |
|---|
| 31 | | - | (a) In determining the residence of a person desiring to register to vote or to qualify to run25 |
|---|
| 32 | | - | for elective office, the following rules shall be followed so far as they are applicable:26 |
|---|
| 33 | | - | (1) The residence of any person shall be held to be in that place in which such person's27 |
|---|
| 34 | | - | habitation is fixed, without any present intention of removing therefrom;28 |
|---|
| 35 | | - | (1.1) The residence of any person of this state who is homeless and without a permanent29 |
|---|
| 36 | | - | address shall be the location of the courthouse of the county in which such person resides;30 |
|---|
| 37 | | - | (2) A person shall not be considered to have lost such person's residence who leaves such31 |
|---|
| 38 | | - | person's home and goes into another state or county or municipality in this state, for32 |
|---|
| 39 | | - | temporary purposes only, with the intention of returning, unless such person shall register33 |
|---|
| 40 | | - | to vote or perform other acts indicating a desire to change such person's citizenship and34 |
|---|
| 41 | | - | residence; provided, however, that:35 |
|---|
| 42 | | - | (A) If a person registers to vote in another state, county, municipality, or legislative36 |
|---|
| 43 | | - | district of any type or sort, that person shall automatically be deemed to have changed37 |
|---|
| 44 | | - | his or her residency;38 |
|---|
| 45 | | - | (B) If a person returns to his or her original place of residence after registering to vote39 |
|---|
| 46 | | - | in a different or separate jurisdiction, such person shall submit a new application for40 |
|---|
| 47 | | - | registration to vote in such person's original jurisdiction in order to be deemed a valid41 |
|---|
| 48 | | - | registered elector and resident of such jurisdiction for voting purposes; and42 |
|---|
| 49 | | - | - 2 - 24 LC 47 2914S |
|---|
| 50 | | - | (C) Proof of ownership or rental of a post office box within a particular jurisdiction43 |
|---|
| 51 | | - | shall not constitute sufficient grounds to establish a person's residency within that44 |
|---|
| 52 | | - | particular jurisdiction;45 |
|---|
| 53 | | - | (3) A person shall not be considered to have gained a residence in any county or46 |
|---|
| 54 | | - | municipality of this state into which such person has come for temporary purposes only47 |
|---|
| 55 | | - | without the intention of making such county or municipality such person's permanent48 |
|---|
| 56 | | - | place of abode;49 |
|---|
| 57 | | - | (4) If a person removes to another state with the intention of making it such person's50 |
|---|
| 58 | | - | residence, such person shall be considered to have lost such person's residence in this51 |
|---|
| 59 | | - | state;52 |
|---|
| 60 | | - | (4.1) If a person removes to another county or municipality in this state with the intention53 |
|---|
| 61 | | - | of making it such person’s residence, such person shall be considered to have lost such54 |
|---|
| 62 | | - | person’s residence in the former county or municipality in this state;55 |
|---|
| 63 | | - | (5) If a person removes to another state with the intention of remaining there an indefinite56 |
|---|
| 64 | | - | time and making such state such person's place of residence, such person shall be57 |
|---|
| 65 | | - | considered to have lost such person's residence in this state, notwithstanding that such58 |
|---|
| 66 | | - | person may intend to return at some indefinite future period;59 |
|---|
| 67 | | - | (6) If a person removes to another county or municipality within this state with the60 |
|---|
| 68 | | - | intention of remaining there an indefinite time and making such other county or61 |
|---|
| 69 | | - | municipality such person's place of residence, such person shall be considered to have lost62 |
|---|
| 70 | | - | such person's residence in the former county or municipality, notwithstanding that such63 |
|---|
| 71 | | - | person may intend to return at some indefinite future period;64 |
|---|
| 72 | | - | (7) The residence for voting purposes of a person shall not be required to be the same as65 |
|---|
| 73 | | - | the residence for voting purposes of his or her spouse;66 |
|---|
| 74 | | - | (8) No person shall be deemed to have gained or lost a residence by reason of such67 |
|---|
| 75 | | - | person's presence or absence while enrolled as a student at any college, university, or68 |
|---|
| 76 | | - | other institution of learning in this state;69 |
|---|
| 77 | | - | - 3 - 24 LC 47 2914S |
|---|
| 78 | | - | (9) The mere intention to acquire a new residence, without the fact of removal, shall avail70 |
|---|
| 79 | | - | nothing; neither shall the fact of removal without the intention;71 |
|---|
| 80 | | - | (10) No member of the armed forces of the United States shall be deemed to have72 |
|---|
| 81 | | - | acquired a residence in this state by reason of being stationed on duty in this state;73 |
|---|
| 82 | | - | (11) If a person removes to the District of Columbia or other federal territory, another74 |
|---|
| 83 | | - | state, or foreign country to engage in government service, such person shall not be75 |
|---|
| 84 | | - | considered to have lost such person's residence in this state during the period of such76 |
|---|
| 85 | | - | service; and the place where the person resided at the time of such person's removal shall77 |
|---|
| 86 | | - | be considered and held to be such person's place of residence;78 |
|---|
| 87 | | - | (12) If a person is adjudged mentally ill and is committed to an institution for the79 |
|---|
| 88 | | - | mentally ill, such person shall not be considered to have gained a residence in the county80 |
|---|
| 89 | | - | in which the institution to which such person is committed is located;81 |
|---|
| 90 | | - | (13) If a person goes into another state and while there exercises the right of a citizen by82 |
|---|
| 91 | | - | voting, such person shall be considered to have lost such person's residence in this state;83 |
|---|
| 92 | | - | (14) The specific address in the county or municipality in which a person has declared84 |
|---|
| 93 | | - | a homestead exemption, if a homestead exemption has been claimed, shall be deemed the85 |
|---|
| 94 | | - | person's residence address; and86 |
|---|
| 95 | | - | (15) For voter registration purposes, the board of registrars and, for candidacy residency87 |
|---|
| 96 | | - | purposes, the Secretary of State, election superintendent, or hearing officer may consider88 |
|---|
| 97 | | - | evidence of where the person receives significant mail such as personal bills and any89 |
|---|
| 98 | | - | other evidence that indicates where the person resides.90 |
|---|
| 99 | | - | (b) In determining a voter's qualification to register and vote, the registrars to whom such91 |
|---|
| 100 | | - | application is made shall consider, in addition to the applicant's expressed intent, any92 |
|---|
| 101 | | - | relevant circumstances determining the applicant's residence. The registrars taking such93 |
|---|
| 102 | | - | registration may consider the applicant's financial independence, business pursuits,94 |
|---|
| 103 | | - | employment, income sources, residence for income tax purposes, age, marital status,95 |
|---|
| 104 | | - | residence of parents, spouse, and children, if any, leaseholds, sites of personal and real96 |
|---|
| 105 | | - | - 4 - 24 LC 47 2914S |
|---|
| 106 | | - | property owned by the applicant, motor vehicle and other personal property registration,97 |
|---|
| 107 | | - | national change of address program information sponsored by the United States Postal98 |
|---|
| 108 | | - | Service, and any other factor, including, but not limited to, professionally aggregated99 |
|---|
| 109 | | - | commercial or proprietary information that includes, but is not limited to, change of100 |
|---|
| 110 | | - | addresses, lease information, insurance change of addresses, and identification change of101 |
|---|
| 111 | | - | addresses, and other such factors that the registrars may reasonably deem necessary to102 |
|---|
| 112 | | - | determine in good faith the qualification of an applicant to vote in a primary or election103 |
|---|
| 113 | | - | including a sworn statement by any person with relevant information pertaining to a factor104 |
|---|
| 114 | | - | indicating an applicant's residence or nonresidence. The decision of the registrars to whom105 |
|---|
| 115 | | - | such application is made shall be presumptive evidence of a person's residence for voting106 |
|---|
| 116 | | - | purposes."107 |
|---|
| 117 | | - | SECTION 3.108 |
|---|
| 118 | | - | Said chapter is further amended by revising subsection (a) of Code Section 21-2-221, relating109 |
|---|
| 119 | | - | to driver's license or identification card application as application for voter registration, as110 |
|---|
| 120 | | - | follows:111 |
|---|
| 121 | | - | "(a) Each application to obtain, renew, or change the name or address on a driver's license112 |
|---|
| 122 | | - | or identification card issued by the Department of Driver Services pursuant to Chapter 5113 |
|---|
| 123 | | - | of Title 40 made by an applicant who is within six months of such applicant's eighteenth114 |
|---|
| 124 | | - | birthday or older shall may, if eligible, also serve as an application for voter registration115 |
|---|
| 125 | | - | unless the applicant declines to register to vote through specific declination or by failing116 |
|---|
| 126 | | - | to sign the voter registration application. The applicant may sign the voter registration117 |
|---|
| 127 | | - | application to register to vote or to update the voter's registration if the voter has changed118 |
|---|
| 128 | | - | his or her address. Such applicant must be a citizen of the United States and a resident of119 |
|---|
| 129 | | - | Georgia."120 |
|---|
| 130 | | - | - 5 - 24 LC 47 2914S |
|---|
| 131 | | - | SECTION 4.121 |
|---|
| 132 | | - | Said chapter is further amended by revising subsection (b) of Code Section 21-2-230, relating122 |
|---|
| 133 | | - | to challenge of persons on list of electors by other electors, procedure, hearing, and right of123 |
|---|
| 134 | | - | appeal, and by adding a new subsection to read as follows:124 |
|---|
| 135 | | - | "(b) Upon the filing of such challenge, the board of registrars shall immediately consider125 |
|---|
| 136 | | - | such challenge and determine whether probable cause exists to sustain such challenge. If126 |
|---|
| 137 | | - | the registrars do not find probable cause, the challenge shall be denied. If the registrars find127 |
|---|
| 138 | | - | probable cause, the registrars shall notify the poll officers of the challenged elector's128 |
|---|
| 139 | | - | precinct or, if the challenged elector voted by absentee ballot, notify the poll officers at the129 |
|---|
| 140 | | - | absentee ballot precinct and, if practical, notify the challenged elector and afford such130 |
|---|
| 141 | | - | elector an opportunity to answer. Probable causes shall include, but not be limited to, an131 |
|---|
| 142 | | - | elector registering to vote in different jurisdiction; an elector obtaining a homestead132 |
|---|
| 143 | | - | exemption in different jurisdiction; a missing or invalid date of birth for an elector; a133 |
|---|
| 144 | | - | missing, nonexistent, or invalid address for an elector; or an elector being registered at a134 |
|---|
| 145 | | - | nonresidential address. If a challenged elector's name appears on a search on the National135 |
|---|
| 146 | | - | Change of Address data base, as maintained by the United States Postal Service, as having136 |
|---|
| 147 | | - | changed such elector's residence to a new jurisdiction, the presence of such elector's name137 |
|---|
| 148 | | - | on such data base shall constitute sufficient cause to sustain the challenge against the138 |
|---|
| 149 | | - | elector; provided, however, that:139 |
|---|
| 150 | | - | (1) If the challenge is based solely upon an elector's name appearing on such data base140 |
|---|
| 151 | | - | within 45 days of a primary, run-off primary, election, or run-off election, such challenge141 |
|---|
| 152 | | - | shall be postponed until the certification of such primary, election, or runoff is completed;142 |
|---|
| 153 | | - | and143 |
|---|
| 154 | | - | (2) Any challenge based solely upon an elector's name appearing on such data base but144 |
|---|
| 155 | | - | who is determined eligible pursuant to the residency definitions provided for in145 |
|---|
| 156 | | - | paragraph (8), (10), or (11) of subsection (a) of Code Section 21-2-217 shall be deemed146 |
|---|
| 157 | | - | insufficient to sustain such challenge."147 |
|---|
| 158 | | - | - 6 - 24 LC 47 2914S |
|---|
| 159 | | - | "(k) Any challenge of an elector that occurs during a primary or general election shall148 |
|---|
| 160 | | - | continue through the run-off primary or run-off election of such primary or general149 |
|---|
| 161 | | - | election."150 |
|---|
| 162 | | - | SECTION 5.151 |
|---|
| 163 | | - | Said chapter is further amended in Article 6, relating to registration of voters, by adding a152 |
|---|
| 164 | | - | new Code section to read as follows:153 |
|---|
| 165 | | - | "21-2-237.154 |
|---|
| 166 | | - | Any proceedings relating to a challenge brought against an elector under this chapter shall155 |
|---|
| 167 | | - | not be governed by Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' or the rules of156 |
|---|
| 168 | | - | evidence set forth in Title 24. However, such evidence presented at any hearing on a157 |
|---|
| 169 | | - | challenge shall be persuasive and reliable."158 |
|---|
| 170 | | - | SECTION 6.159 |
|---|
| 171 | | - | Said chapter is further amended by revising Code Section 21-2-334, relating to voting by160 |
|---|
| 172 | | - | paper ballot when use of voting machine impossible or impracticable, as follows:161 |
|---|
| 173 | | - | "21-2-334. 162 |
|---|
| 174 | | - | For any If a method of nomination or election for any candidate or office, or of for voting163 |
|---|
| 175 | | - | on any question is prescribed by law, in which the use of voting machines is not possible164 |
|---|
| 176 | | - | or practicable, or in case, at any primary or election, the number of candidates seeking165 |
|---|
| 177 | | - | nomination or nominated for any office renders the use of voting machines for such office166 |
|---|
| 178 | | - | at such primary or election impracticable, or if, for any other reason, at any primary or167 |
|---|
| 179 | | - | election the use of voting machines wholly or in part is not practicable, the superintendent,168 |
|---|
| 180 | | - | with the review and approval by the State Election Board, may arrange to have the voting169 |
|---|
| 181 | | - | for such candidates or offices or for such questions conducted by paper ballots. In such170 |
|---|
| 182 | | - | cases, paper ballots shall be printed for such candidates, offices, or questions, and the171 |
|---|
| 183 | | - | primary or election shall be conducted by the poll officers, and the ballots shall be counted172 |
|---|
| 184 | | - | - 7 - 24 LC 47 2914S |
|---|
| 185 | | - | and return thereof made in the manner required by law for such nominations, offices, or173 |
|---|
| 186 | | - | questions, insofar as paper ballots are used."174 |
|---|
| 187 | | - | SECTION 7.175 |
|---|
| 188 | | - | Said chapter is further amended by revising Code Section 21-2-529, relating to liability for176 |
|---|
| 189 | | - | costs and methods of collecting, as follows:177 |
|---|
| 190 | | - | "21-2-529.178 |
|---|
| 191 | | - | The contestant and the defendant shall be liable to the officers and witnesses for the costs179 |
|---|
| 192 | | - | made by them, respectively. If the result of the primary or election is confirmed, the180 |
|---|
| 193 | | - | petition dismissed, or the prosecution fails, judgment shall be rendered against the181 |
|---|
| 194 | | - | contestant for costs; and, if the judgment is against the defendant or the result of the182 |
|---|
| 195 | | - | primary or election is set aside, he or she shall pay the costs at the discretion of the court. 183 |
|---|
| 196 | | - | After entry of judgment, the costs may be collected by attachment or otherwise. Under no184 |
|---|
| 197 | | - | circumstances shall a nonprevailing party be liable for reasonable or actual attorney's fees185 |
|---|
| 198 | | - | so long as the election contest was brought in good faith."186 |
|---|
| 199 | | - | SECTION 8.187 |
|---|
| 200 | | - | Said chapter is further amended by revising Code Section 21-2-569, relating to interfering188 |
|---|
| 201 | | - | with poll officers, as follows:189 |
|---|
| 202 | | - | "21-2-569. 190 |
|---|
| 203 | | - | (a) As used in this Code section, the term 'acts in any other manner to intimidate' means191 |
|---|
| 204 | | - | to undertake or pursue a knowing and willful course of conduct which causes emotional192 |
|---|
| 205 | | - | distress by placing another person in reasonable fear for such person's safety or for the193 |
|---|
| 206 | | - | safety of another person and which serves no legitimate purpose.194 |
|---|
| 207 | | - | (b) Any person, including any poll officer or other election official, who willfully prevents195 |
|---|
| 208 | | - | any poll officer or other election official from performing the duties imposed on him or her196 |
|---|
| 209 | | - | - 8 - 24 LC 47 2914S |
|---|
| 210 | | - | by this chapter or acts in any other manner to intimidate any poll officer or election official197 |
|---|
| 211 | | - | from faithfully performing his or her duties as required by law shall be guilty of a felony."198 |
|---|
| 212 | | - | SECTION 9.199 |
|---|
| 213 | | - | Said chapter is further amended by adding a new Code section to read as follows:200 |
|---|
| 214 | | - | "21-2-596.1.201 |
|---|
| 215 | | - | Any county or municipal election superintendent on whom a duty to call an election is laid202 |
|---|
| 216 | | - | by a local Act of the General Assembly who willfully neglects or refuses to perform his or203 |
|---|
| 217 | | - | her duty to call such election shall be guilty of a misdemeanor."204 |
|---|
| 218 | | - | SECTION 10.205 |
|---|
| 219 | | - | All laws and parts of laws in conflict with this Act are repealed.206 |
|---|
| 9 | + | States; to revise provisions related to performance review boards; to revise the rules for4 |
|---|
| 10 | + | determining residence for voter registration; to revise provisions related to challenging5 |
|---|
| 11 | + | electors; to provide for ballots and ballot labels to be securely stored; to provide for use of6 |
|---|
| 12 | + | paper ballots in certain circumstances; to provide for number of voting booths in optical7 |
|---|
| 13 | + | scanning precincts; to revise provisions related to the retention and preservation of ballots8 |
|---|
| 14 | + | and other election documents; to revise the language that must be used on absentee ballot9 |
|---|
| 15 | + | applications distributed by persons or entities; to deauthorize the use of absentee ballot drop10 |
|---|
| 16 | + | boxes; to revise the latest reporting time for required election night reporting; to mandate11 |
|---|
| 17 | + | audits following all state-wide primaries or elections; to provide for electronic document12 |
|---|
| 18 | + | inspection upon certification of election results; to penalize the willful neglect or refusal of13 |
|---|
| 19 | + | a county or municipal election superintendent to call an election where required to do so by14 |
|---|
| 20 | + | a local Act of the General Assembly; to provide for related matters; to repeal conflicting15 |
|---|
| 21 | + | laws; and for other purposes.16 |
|---|
| 22 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 23 LC 47 2329S |
|---|
| 23 | + | - 2 - |
|---|
| 24 | + | SECTION 1.18 |
|---|
| 25 | + | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and19 |
|---|
| 26 | + | primaries generally, is amended by adding a new Code section to read as follows:20 |
|---|
| 27 | + | "21-2-78.21 |
|---|
| 28 | + | Any persons employed or retained by a county election superintendent to undertake any22 |
|---|
| 29 | + | election related duties arising from this chapter shall be a judicious, intelligent, and upright23 |
|---|
| 30 | + | citizen of the United States."24 |
|---|
| 31 | + | SECTION 2.25 |
|---|
| 32 | + | Said chapter is further amended by revising subsection (a) of Code Section 21-2-106, relating26 |
|---|
| 33 | + | to performance review of local election official, role of performance review board, and27 |
|---|
| 34 | + | findings as grounds for removal, as follows:28 |
|---|
| 35 | + | "(a) The following officials may request that a performance review of a local election29 |
|---|
| 36 | + | official be conducted:30 |
|---|
| 37 | + | (1) The governing authority of the same jurisdiction as the local election official;31 |
|---|
| 38 | + | (2) For counties represented by more than three members of the Georgia House of32 |
|---|
| 39 | + | Representatives and Georgia Senate, at least two members of the Georgia House of33 |
|---|
| 40 | + | Representatives and two members of the Georgia Senate who represent the county; and34 |
|---|
| 41 | + | (3) For counties represented by fewer than four members of the Georgia House of35 |
|---|
| 42 | + | Representatives and Georgia Senate, at least one member of the Georgia House of36 |
|---|
| 43 | + | Representatives and one member of the Georgia Senate who represent the county.37 |
|---|
| 44 | + | Such request shall be transmitted to the State Election Board which shall appoint an38 |
|---|
| 45 | + | independent performance review board within 30 days after receiving such resolution. The39 |
|---|
| 46 | + | State Election Board shall appoint three competent persons to serve as members of the40 |
|---|
| 47 | + | performance review board, one of whom shall be an employee of the elections division of41 |
|---|
| 48 | + | the Secretary of State and two of whom shall be local election officials or members of a42 |
|---|
| 49 | + | county board of elections or county board of elections and registration, provided that no43 23 LC 47 2329S |
|---|
| 50 | + | - 3 - |
|---|
| 51 | + | such appointee shall be a local election official or member of a county board of elections44 |
|---|
| 52 | + | or county board of elections and registration for the county or municipality, as applicable,45 |
|---|
| 53 | + | under review."46 |
|---|
| 54 | + | SECTION 3.47 |
|---|
| 55 | + | Said chapter is further amended by revising Code Section 21-2-217, relating to rules for48 |
|---|
| 56 | + | determining residence, as follows:49 |
|---|
| 57 | + | "21-2-217.50 |
|---|
| 58 | + | (a) In determining the residence of a person desiring to register to vote or to qualify to run51 |
|---|
| 59 | + | for elective office, the following rules shall be followed so far as they are applicable:52 |
|---|
| 60 | + | (1) The residence of any person shall be held to be in that place in which such person's53 |
|---|
| 61 | + | habitation is fixed, without any present intention of removing therefrom;54 |
|---|
| 62 | + | (1.1) The residence of any person of this state who is homeless and without a permanent55 |
|---|
| 63 | + | address shall be the location of the courthouse of the county in which such person resides;56 |
|---|
| 64 | + | (2) A person shall not be considered to have lost such person's residence who leaves such57 |
|---|
| 65 | + | person's home and goes into another state or county or municipality in this state, for58 |
|---|
| 66 | + | temporary purposes only, with the intention of returning, unless such person shall register59 |
|---|
| 67 | + | to vote or perform other acts indicating a desire to change such person's citizenship and60 |
|---|
| 68 | + | residence; provided, however, that:61 |
|---|
| 69 | + | (A) If a person registers to vote in another state, county, municipality, or legislative62 |
|---|
| 70 | + | district of any type or sort, that person shall automatically be deemed to have changed63 |
|---|
| 71 | + | his or her residency;64 |
|---|
| 72 | + | (B) If a person returns to his or her original place of residence after registering to vote65 |
|---|
| 73 | + | in a different or separate jurisdiction, such person shall submit a new application for66 |
|---|
| 74 | + | registration to vote in such person's original jurisdiction in order to be deemed a valid67 |
|---|
| 75 | + | registered elector and resident of such jurisdiction for voting purposes; and68 23 LC 47 2329S |
|---|
| 76 | + | - 4 - |
|---|
| 77 | + | (C) Proof of ownership or rental of a post office box within a particular jurisdiction69 |
|---|
| 78 | + | shall not constitute sufficient grounds to establish a person's residency within that70 |
|---|
| 79 | + | particular jurisdiction;71 |
|---|
| 80 | + | (3) A person shall not be considered to have gained a residence in any county or72 |
|---|
| 81 | + | municipality of this state into which such person has come for temporary purposes only73 |
|---|
| 82 | + | without the intention of making such county or municipality such person's permanent74 |
|---|
| 83 | + | place of abode;75 |
|---|
| 84 | + | (4) If a person removes to another state with the intention of making it such person's76 |
|---|
| 85 | + | residence, such person shall be considered to have lost such person's residence in this77 |
|---|
| 86 | + | state;78 |
|---|
| 87 | + | (4.1) If a person removes to another county or municipality in this state with the79 |
|---|
| 88 | + | intention of making it such person’s residence, such person shall be considered to have80 |
|---|
| 89 | + | lost such person’s residence in the former county or municipality in this state;81 |
|---|
| 90 | + | (5) If a person removes to another state with the intention of remaining there an82 |
|---|
| 91 | + | indefinite time and making such state such person's place of residence, such person shall83 |
|---|
| 92 | + | be considered to have lost such person's residence in this state, notwithstanding that such84 |
|---|
| 93 | + | person may intend to return at some indefinite future period;85 |
|---|
| 94 | + | (6) If a person removes to another county or municipality within this state with the86 |
|---|
| 95 | + | intention of remaining there an indefinite time and making such other county or87 |
|---|
| 96 | + | municipality such person's place of residence, such person shall be considered to have88 |
|---|
| 97 | + | lost such person's residence in the former county or municipality, notwithstanding that89 |
|---|
| 98 | + | such person may intend to return at some indefinite future period;90 |
|---|
| 99 | + | (7) The residence for voting purposes of a person shall not be required to be the same as91 |
|---|
| 100 | + | the residence for voting purposes of his or her spouse;92 |
|---|
| 101 | + | (8) No person shall be deemed to have gained or lost a residence by reason of such93 |
|---|
| 102 | + | person's presence or absence while enrolled as a student at any college, university, or94 |
|---|
| 103 | + | other institution of learning in this state;95 23 LC 47 2329S |
|---|
| 104 | + | - 5 - |
|---|
| 105 | + | (9) The mere intention to acquire a new residence, without the fact of removal, shall96 |
|---|
| 106 | + | avail nothing; neither shall the fact of removal without the intention;97 |
|---|
| 107 | + | (10) No member of the armed forces of the United States shall be deemed to have98 |
|---|
| 108 | + | acquired a residence in this state by reason of being stationed on duty in this state;99 |
|---|
| 109 | + | (11) If a person removes to the District of Columbia or other federal territory, another100 |
|---|
| 110 | + | state, or foreign country to engage in government service, such person shall not be101 |
|---|
| 111 | + | considered to have lost such person's residence in this state during the period of such102 |
|---|
| 112 | + | service; and the place where the person resided at the time of such person's removal shall103 |
|---|
| 113 | + | be considered and held to be such person's place of residence;104 |
|---|
| 114 | + | (12) If a person is adjudged mentally ill and is committed to an institution for the105 |
|---|
| 115 | + | mentally ill, such person shall not be considered to have gained a residence in the county106 |
|---|
| 116 | + | in which the institution to which such person is committed is located;107 |
|---|
| 117 | + | (13) If a person goes into another state and while there exercises the right of a citizen by108 |
|---|
| 118 | + | voting, such person shall be considered to have lost such person's residence in this state;109 |
|---|
| 119 | + | (14) The specific address in the county or municipality in which a person has declared110 |
|---|
| 120 | + | a homestead exemption, if a homestead exemption has been claimed, shall be deemed the111 |
|---|
| 121 | + | person's residence address; and112 |
|---|
| 122 | + | (15) For voter registration purposes, the board of registrars and, for candidacy residency113 |
|---|
| 123 | + | purposes, the Secretary of State, election superintendent, or hearing officer may consider114 |
|---|
| 124 | + | evidence of where the person receives significant mail such as personal bills and any115 |
|---|
| 125 | + | other evidence that indicates where the person resides.116 |
|---|
| 126 | + | (b) In determining a voter's qualification to register and vote, the registrars to whom such117 |
|---|
| 127 | + | application is made shall consider, in addition to the applicant's expressed intent, any118 |
|---|
| 128 | + | relevant circumstances determining the applicant's residence. The registrars taking such119 |
|---|
| 129 | + | registration may consider the applicant's financial independence, business pursuits,120 |
|---|
| 130 | + | employment, income sources, residence for income tax purposes, age, marital status,121 |
|---|
| 131 | + | residence of parents, spouse, and children, if any, leaseholds, sites of personal and real122 23 LC 47 2329S |
|---|
| 132 | + | - 6 - |
|---|
| 133 | + | property owned by the applicant, motor vehicle and other personal property registration,123 |
|---|
| 134 | + | and other such factors that the registrars may reasonably deem necessary to determine the124 |
|---|
| 135 | + | qualification of an applicant to vote in a primary or election. The decision of the registrars125 |
|---|
| 136 | + | to whom such application is made shall be presumptive evidence of a person's residence126 |
|---|
| 137 | + | for voting purposes national change of address program information sponsored by the127 |
|---|
| 138 | + | United States Postal Service, and any other factor, including, but not limited to,128 |
|---|
| 139 | + | professionally aggregated commercial or proprietary information that includes, but is not129 |
|---|
| 140 | + | limited to, change of addresses, lease information, insurance change of addresses,130 |
|---|
| 141 | + | identification change of addresses, and any other reasonably reliable information, to be131 |
|---|
| 142 | + | determined in good faith, including a sworn statement by any person with relevant132 |
|---|
| 143 | + | information pertaining to a factor indicating an elector's residence or nonresidence."133 |
|---|
| 144 | + | SECTION 4.134 |
|---|
| 145 | + | Said chapter is further amended by revising subsection (b) of Code Section 21-2-230, relating135 |
|---|
| 146 | + | to challenge of persons on list of electors by other electors, procedure, hearing, and right of136 |
|---|
| 147 | + | appeal, and by adding a new subsection to read as follows:137 |
|---|
| 148 | + | "(b) Upon the filing of such challenge, the board of registrars shall immediately consider138 |
|---|
| 149 | + | such challenge and determine whether probable cause exists to sustain such challenge. If139 |
|---|
| 150 | + | the registrars do not find probable cause, the challenge shall be denied. If the registrars140 |
|---|
| 151 | + | find probable cause, the registrars shall notify the poll officers of the challenged elector's141 |
|---|
| 152 | + | precinct or, if the challenged elector voted by absentee ballot, notify the poll officers at the142 |
|---|
| 153 | + | absentee ballot precinct and, if practical, notify the challenged elector and afford such143 |
|---|
| 154 | + | elector an opportunity to answer. If a challenged elector's name appears on a search on the144 |
|---|
| 155 | + | National Change of Address data base, as maintained by the United States Postal Service,145 |
|---|
| 156 | + | as having changed such elector's residence to a new jurisdiction, the presence of such146 |
|---|
| 157 | + | elector's name on such data base shall constitute sufficient cause to sustain the challenge147 |
|---|
| 158 | + | against the elector; provided, however, that:148 23 LC 47 2329S |
|---|
| 159 | + | - 7 - |
|---|
| 160 | + | (1) If the challenge is based solely upon an elector's name appearing on such data base149 |
|---|
| 161 | + | within 45 days of a primary, run-off primary, election, or run-off election, such challenge150 |
|---|
| 162 | + | shall be postponed until the certification of such primary, election, or runoff is completed;151 |
|---|
| 163 | + | and152 |
|---|
| 164 | + | (2) Any challenge based solely upon an elector's name appearing on such data base but153 |
|---|
| 165 | + | who is determined eligible pursuant to the residency definitions provided for in154 |
|---|
| 166 | + | paragraph (8), (10), or (11) of subsection (a) of Code Section 21-2-217 shall be deemed155 |
|---|
| 167 | + | insufficient to sustain such challenge."156 |
|---|
| 168 | + | "(k) Any challenge of an elector that occurs during a primary or general election shall157 |
|---|
| 169 | + | continue through the run-off primary or run-off election of such primary or general158 |
|---|
| 170 | + | election."159 |
|---|
| 171 | + | SECTION 5.160 |
|---|
| 172 | + | Said chapter is further amended in Article 6, relating to registration of voters, by adding a161 |
|---|
| 173 | + | new Code section to read as follows:162 |
|---|
| 174 | + | "21-2-237.163 |
|---|
| 175 | + | Any proceedings relating to a challenge brought against an elector under this chapter shall164 |
|---|
| 176 | + | not be governed by Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' or the rules of165 |
|---|
| 177 | + | evidence set forth in Title 24. However, such evidence presented at any hearing on a166 |
|---|
| 178 | + | challenge shall be persuasive and reliable."167 |
|---|
| 179 | + | SECTION 6.168 |
|---|
| 180 | + | Said chapter is further amended by revising Code Section 21-2-283, relating to printing and169 |
|---|
| 181 | + | safekeeping of ballots and labels by superintendent, as follows:170 |
|---|
| 182 | + | "21-2-283.171 |
|---|
| 183 | + | In any primary or election, the superintendent or municipal governing authority shall cause172 |
|---|
| 184 | + | all the ballots and ballot labels to be printed accurately and in the form prescribed by this173 23 LC 47 2329S |
|---|
| 185 | + | - 8 - |
|---|
| 186 | + | chapter and securely stored and protected from unauthorized access. Access to the secure174 |
|---|
| 187 | + | space where the ballots are located shall be limited to the county election superintendent;175 |
|---|
| 188 | + | chief registrar; members of the county board of elections; the election supervisor, if any;176 |
|---|
| 189 | + | personnel of the county election superintendent's office designated by the county election177 |
|---|
| 190 | + | superintendent; building maintenance personnel; emergency personnel; and law178 |
|---|
| 191 | + | enforcement personnel during the course of active investigations. Building maintenance179 |
|---|
| 192 | + | personnel shall have access to the area where such items are stored only to the extent180 |
|---|
| 193 | + | necessary to carry out their maintenance duties. Emergency personnel shall have access181 |
|---|
| 194 | + | to the space in which the ballots are located as necessary in the event of an emergency and182 |
|---|
| 195 | + | only for the duration of such emergency conditions, and the superintendent or municipal183 |
|---|
| 196 | + | governing authority shall be responsible for the safekeeping of the same while in his or her184 |
|---|
| 197 | + | or its possession or that of his or her or its agent. The superintendent or municipal185 |
|---|
| 198 | + | governing authority shall keep a record of the number of official ballots printed and186 |
|---|
| 199 | + | furnished to each precinct at each primary and election and the number of stubs, unused187 |
|---|
| 200 | + | ballots, and canceled ballots subsequently returned therefrom. When unvoted blank ballots188 |
|---|
| 201 | + | are transported to and from precincts, the ballots shall be securely stored in sealed189 |
|---|
| 202 | + | containers which are accompanied by ballot transfer forms signed by at least two190 |
|---|
| 203 | + | individuals so as to serve as an integrated chain of custody; such forms shall be provided191 |
|---|
| 204 | + | by the Secretary of State."192 |
|---|
| 205 | + | SECTION 7.193 |
|---|
| 206 | + | Said chapter is further amended by revising Code Section 21-2-334, relating to voting by194 |
|---|
| 207 | + | paper ballot when use of voting machine impossible or impracticable, as follows:195 23 LC 47 2329S |
|---|
| 209 | + | "21-2-334. 196 |
|---|
| 210 | + | For any If a method of nomination or election for any candidate or office, or of for voting197 |
|---|
| 211 | + | on any question is prescribed by law, in which the use of voting machines is not possible198 |
|---|
| 212 | + | or practicable, or in case, at any primary or election, the number of candidates seeking199 |
|---|
| 213 | + | nomination or nominated for any office renders the use of voting machines for such office200 |
|---|
| 214 | + | at such primary or election impracticable, or if, for any other reason, at any primary or201 |
|---|
| 215 | + | election the use of voting machines wholly or in part is not practicable, the superintendent,202 |
|---|
| 216 | + | with the review and approval by the State Election Board, may arrange to have the voting203 |
|---|
| 217 | + | for such candidates or offices or for such questions conducted by paper ballots. In such204 |
|---|
| 218 | + | cases, paper ballots shall be printed for such candidates, offices, or questions, and the205 |
|---|
| 219 | + | primary or election shall be conducted by the poll officers, and the ballots shall be counted206 |
|---|
| 220 | + | and return thereof made in the manner required by law for such nominations, offices, or207 |
|---|
| 221 | + | questions, insofar as paper ballots are used."208 |
|---|
| 222 | + | SECTION 8.209 |
|---|
| 223 | + | Said chapter is further amended by revising paragraph (1) of subsection (b) of Code210 |
|---|
| 224 | + | Section 21-2-367, relating to installation of optical scanning voting systems, number of211 |
|---|
| 225 | + | systems, and good working order, as follows:212 |
|---|
| 226 | + | "(b)(1) In each precinct in which optical scanning voting systems are used in a state-wide213 |
|---|
| 227 | + | general election, the county election superintendent shall provide at least one voting214 |
|---|
| 228 | + | booth or enclosure for each 250 electors therein, or fraction thereof, who have not215 |
|---|
| 229 | + | previously cast a ballot in the current election."216 |
|---|
| 230 | + | SECTION 9.217 |
|---|
| 231 | + | Said chapter is further amended by revising subparagraph (a)(1)(C) of Code218 |
|---|
| 232 | + | Section 21-2-381, relating to making of application for absentee ballot, determination of219 23 LC 47 2329S |
|---|
| 233 | + | - 10 - |
|---|
| 234 | + | eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons220 |
|---|
| 235 | + | entitled to make application, as follows:221 |
|---|
| 236 | + | "(C)(i) Any person applying for an absentee-by-mail ballot shall make application in222 |
|---|
| 237 | + | writing on the form made available by the Secretary of State. In order to confirm the223 |
|---|
| 238 | + | identity of the voter, such form shall require the elector to provide his or her name,224 |
|---|
| 239 | + | date of birth, address as registered, address where the elector wishes the ballot to be225 |
|---|
| 240 | + | mailed, and the number of his or her Georgia driver's license or identification card226 |
|---|
| 241 | + | issued pursuant to Article 5 of Chapter 5 of Title 40. If such elector does not have a227 |
|---|
| 242 | + | Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 5228 |
|---|
| 243 | + | of Title 40, the elector shall affirm this fact in the manner prescribed in the application229 |
|---|
| 244 | + | and the elector shall provide a copy of a form of identification listed in subsection (c)230 |
|---|
| 245 | + | of Code Section 21-2-417. The form made available by the Secretary of State shall231 |
|---|
| 246 | + | include a space to affix a photocopy or electronic image of such identification. The232 |
|---|
| 247 | + | Secretary of State shall develop a method to allow secure electronic transmission of233 |
|---|
| 248 | + | such form. The application shall also include the identity of the primary, election, or234 |
|---|
| 249 | + | runoff in which the elector wishes to vote; the name and relationship of the person235 |
|---|
| 250 | + | requesting the ballot if other than the elector; and an oath for the elector or relative to236 |
|---|
| 251 | + | write his or her usual signature with a pen and ink affirming that the elector is a237 |
|---|
| 252 | + | qualified Georgia elector and the facts presented on the application are true.238 |
|---|
| 253 | + | Submitting false information on an application for an absentee ballot shall be a239 |
|---|
| 254 | + | violation of Code Sections 21-2-560 and 21-2-571.240 |
|---|
| 255 | + | (ii) A blank application for an absentee ballot shall be made available online by the241 |
|---|
| 256 | + | Secretary of State and each election superintendent and registrar, but neither the242 |
|---|
| 257 | + | Secretary of State, election superintendent, board of registrars, other governmental243 |
|---|
| 258 | + | entity, nor employee or agent thereof shall send absentee ballot applications directly244 |
|---|
| 259 | + | to any elector except upon request of such elector or a relative authorized to request245 |
|---|
| 260 | + | an absentee ballot for such elector. No person or entity other than a relative246 23 LC 47 2329S |
|---|
| 261 | + | - 11 - |
|---|
| 262 | + | authorized to request an absentee ballot for such elector or a person signing as247 |
|---|
| 263 | + | assisting an illiterate or physically disabled elector shall send any elector an absentee248 |
|---|
| 264 | + | ballot application that is prefilled with the elector's required information set forth in249 |
|---|
| 265 | + | this subparagraph. No person or entity other than the elector, a relative authorized to250 |
|---|
| 266 | + | request an absentee ballot for such elector, a person signing as assisting an illiterate251 |
|---|
| 267 | + | or physically disabled elector with his or her application, a common carrier charged252 |
|---|
| 268 | + | with returning the ballot application, an absentee ballot clerk, a registrar, or a law253 |
|---|
| 269 | + | enforcement officer in the course of an investigation shall handle or return an elector's254 |
|---|
| 270 | + | completed absentee ballot application. Handling a completed absentee ballot255 |
|---|
| 271 | + | application by any person or entity other than as allowed in this subsection shall be256 |
|---|
| 272 | + | a misdemeanor. Any application for an absentee ballot sent to any elector by any257 |
|---|
| 273 | + | person or entity shall utilize the form of the application made available by the258 |
|---|
| 274 | + | Secretary of State and shall clearly and prominently disclose on the face of the form:259 |
|---|
| 275 | + | 'This is NOT an official government publication and was NOT provided to you260 |
|---|
| 276 | + | by any governmental entity and this is NOT a ballot. It is being distributed by261 |
|---|
| 277 | + | [insert name and address of person, organization, or other entity distributing such262 |
|---|
| 278 | + | document or material]263 |
|---|
| 279 | + | This application is being distributed by [insert name and address of person,264 |
|---|
| 280 | + | organization, or other entity distributing such document or material], not by any265 |
|---|
| 281 | + | government agency or any state or local election office. THIS IS NOT A266 |
|---|
| 282 | + | BALLOT.'267 |
|---|
| 283 | + | (iii) The disclaimer required by division (ii) of this subparagraph shall be:268 |
|---|
| 284 | + | (I) Of sufficient font size to be clearly readable by the recipient of the269 |
|---|
| 285 | + | communication;270 |
|---|
| 286 | + | (II) Be contained Contained in a printed box set apart from the other contents of the271 |
|---|
| 287 | + | communication; and272 23 LC 47 2329S |
|---|
| 288 | + | - 12 - |
|---|
| 289 | + | (III) Be printed Printed with a reasonable degree of color contrast between the273 |
|---|
| 290 | + | background and the printed disclaimer."274 |
|---|
| 291 | + | SECTION 10.275 |
|---|
| 292 | + | Said chapter is further amended by revising subsection (c) of Code Section 21-2-382, relating276 |
|---|
| 293 | + | to additional buildings as additional registrar's office or place of registration for receiving277 |
|---|
| 294 | + | absentee ballots and for advance voting and drop boxes, as follows:278 |
|---|
| 295 | + | (c)(1) A board of registrars or absentee ballot clerk shall establish at least one drop box279 |
|---|
| 296 | + | as a means for absentee by mail electors to deliver their ballots to the board of registrars280 |
|---|
| 297 | + | or absentee ballot clerk. A board of registrars or absentee ballot clerk may establish281 |
|---|
| 298 | + | additional drop boxes, subject to the limitations of this Code section, but may only282 |
|---|
| 299 | + | establish additional drop boxes totaling the lesser of either one drop box for every283 |
|---|
| 300 | + | 100,000 active registered voters in the county or the number of advance voting locations284 |
|---|
| 301 | + | in the county. Any additional drop boxes shall be evenly geographically distributed by285 |
|---|
| 302 | + | population in the county. Drop boxes established pursuant to this Code section shall be286 |
|---|
| 303 | + | established at the office of the board of registrars or absentee ballot clerk or inside287 |
|---|
| 304 | + | locations at which advance voting, as set forth in subsection (d) of Code Section288 |
|---|
| 305 | + | 21-2-385, is conducted in the applicable primary, election, or runoff and may be open289 |
|---|
| 306 | + | during the hours of advance voting at that location. Such drop boxes shall be closed290 |
|---|
| 307 | + | when advance voting is not being conducted at that location. All drop boxes shall be291 |
|---|
| 308 | + | closed when the advance voting period ends, as set forth in subsection (d) of Code292 |
|---|
| 309 | + | Section 21-2-385. The drop box location shall have adequate lighting and be under293 |
|---|
| 310 | + | constant surveillance by an election official or his or her designee, law enforcement294 |
|---|
| 311 | + | official, or licensed security guard. During an emergency declared by the Governor295 |
|---|
| 312 | + | pursuant to Code Section 38-3-51, drop boxes may be located outside the office of the296 |
|---|
| 313 | + | board of registrars or absentee ballot clerk or outside of locations at which advance voting297 |
|---|
| 314 | + | is taking place, subject to the other limitations of this Code section.298 23 LC 47 2329S |
|---|
| 315 | + | - 13 - |
|---|
| 316 | + | (2) The opening slot of a drop box shall not allow ballots to be tampered with or299 |
|---|
| 317 | + | removed and shall be designed to minimize the ability for liquid or other substances that300 |
|---|
| 318 | + | may damage ballots to be poured into the drop box. A drop box shall be labeled301 |
|---|
| 319 | + | 'OFFICIAL ABSENTEE BALLOT DROP BOX' and shall clearly display the signage302 |
|---|
| 320 | + | developed by the Secretary of State pertaining to Georgia law with regard to who is303 |
|---|
| 321 | + | allowed to return absentee ballots and destroying, defacing, or delaying delivery of304 |
|---|
| 322 | + | ballots.305 |
|---|
| 323 | + | (3) The board of registrars or absentee ballot clerk shall arrange for the collecting and306 |
|---|
| 324 | + | return of ballots deposited at each drop box at the conclusion of each day where advance307 |
|---|
| 325 | + | voting takes place. Collection of ballots from a drop box shall be made by a team of at308 |
|---|
| 326 | + | least two people. Any person collecting ballots from a drop box shall have sworn an oath309 |
|---|
| 327 | + | in the same form as the oath for poll officers set forth in Code Section 21-2-95. The310 |
|---|
| 328 | + | collection team shall complete and sign a ballot transfer form upon removing the ballots311 |
|---|
| 329 | + | from the drop box which shall include the date, time, location, number of ballots,312 |
|---|
| 330 | + | confirmation that the drop box was locked after the removal of the ballots, and the313 |
|---|
| 331 | + | identity of each person collecting the ballots. The collection team shall then immediately314 |
|---|
| 332 | + | transfer the ballots to the board of registrars or absentee ballot clerk, who shall process315 |
|---|
| 333 | + | and store the ballots in the same manner as absentee ballots returned by mail are316 |
|---|
| 334 | + | processed and stored. The board of registrars, absentee ballot clerk, or a designee of the317 |
|---|
| 335 | + | board of registrars or absentee ballot clerk shall sign the ballot transfer form upon receipt318 |
|---|
| 336 | + | of the ballots from the collection team. Such form shall be considered a public record319 |
|---|
| 337 | + | pursuant to Code Section 50-18-70.320 |
|---|
| 338 | + | (4) At the beginning of voting at each advance location where a drop box is present, the321 |
|---|
| 339 | + | manager of the advance voting location shall open the drop box and confirm on the322 |
|---|
| 340 | + | reconciliation form for that advance voting location that the drop box is empty. If the323 |
|---|
| 341 | + | drop box is not empty, the manager shall secure the contents of the drop box and324 23 LC 47 2329S |
|---|
| 342 | + | - 14 - |
|---|
| 343 | + | immediately inform the election superintendent, board of registrars, or absentee ballot325 |
|---|
| 344 | + | clerk, who shall inform the Secretary of State Reserved."326 |
|---|
| 345 | + | SECTION 11.327 |
|---|
| 346 | + | Said chapter is further amended by revising Code Section 21-2-421, relating to posting of328 |
|---|
| 347 | + | required information after closing of polls and reporting to Secretary of State, as follows:329 |
|---|
| 348 | + | "21-2-421.330 |
|---|
| 349 | + | (a) As soon as possible but not later than 10:00 11:59 P.M. following the close of the polls331 |
|---|
| 350 | + | on the day of a primary, election, or runoff, the election superintendent shall report to the332 |
|---|
| 351 | + | Secretary of State and post in a prominent public place the following information:333 |
|---|
| 352 | + | (1) The number of ballots cast at the polls on the day of the primary, election, or runoff,334 |
|---|
| 353 | + | including provisional ballots cast;335 |
|---|
| 354 | + | (2) The number of ballots cast at advance voting locations during the advance voting336 |
|---|
| 355 | + | period for the primary, election, or runoff; and337 |
|---|
| 356 | + | (3) The total number of absentee ballots returned to the board of registrars by the338 |
|---|
| 357 | + | deadline to receive such absentee ballots on the day of the primary, election, or runoff.339 |
|---|
| 358 | + | (b) Upon the completion of the report provided for in subsection (a) of this Code section,340 |
|---|
| 359 | + | the election superintendent shall compare the total number of ballots received as reported341 |
|---|
| 360 | + | in subsection (a) of this Code section and the counting of the ballots in the primary,342 |
|---|
| 361 | + | election, or runoff minus any rejected and uncured absentee ballots, uncounted provisional343 |
|---|
| 362 | + | ballots, and any other uncounted ballots, with the total number of ballots cast in the344 |
|---|
| 363 | + | primary, election, or runoff. The results of such comparison and all explanatory materials345 |
|---|
| 364 | + | shall be reported to the Secretary of State. The reason for any discrepancy shall be fully346 |
|---|
| 365 | + | investigated and reported to the Secretary of State."347 23 LC 47 2329S |
|---|
| 366 | + | - 15 - |
|---|
| 367 | + | SECTION 12.348 |
|---|
| 368 | + | Said chapter is further amended by revising Code Section 21-2-498, relating to349 |
|---|
| 369 | + | precertification tabulation audits, as follows:350 |
|---|
| 370 | + | "21-2-498.351 |
|---|
| 371 | + | (a) As used in this Code section, the term:352 |
|---|
| 372 | + | (1) 'Incorrect outcome' is when means the winner of a contest or the answer to a353 |
|---|
| 373 | + | proposed constitutional amendment or question would be different from the results found354 |
|---|
| 374 | + | in a manual recount of paper official ballots.355 |
|---|
| 375 | + | (2) 'Risk limit' means the largest statistical probability that an incorrect outcome is not356 |
|---|
| 376 | + | detected or corrected in a risk-limiting audit.357 |
|---|
| 377 | + | (3) 'Risk-limiting audit' means an audit protocol that makes use of statistical methods and358 |
|---|
| 378 | + | is designed to limit to acceptable levels the risk of certifying a preliminary election359 |
|---|
| 379 | + | outcome that constitutes an incorrect outcome.360 |
|---|
| 380 | + | (b) As soon as possible, but no later than the November, 2020, general election, the local361 |
|---|
| 381 | + | Local election superintendents shall conduct precertification tabulation or risk-limiting362 |
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| 382 | + | audits for any federal or state primary or general election in accordance with requirements363 |
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| 383 | + | set forth by rule or regulation of the State Election Board. Audits performed under this364 |
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| 384 | + | Code section shall be conducted by manual inspection of random samples of the paper365 |
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| 385 | + | official ballots.366 |
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| 386 | + | (c) In conducting each audit, the local election superintendents shall:367 |
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| 387 | + | (1) Complete the audit prior to final certification of the contest;368 |
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| 388 | + | (2) Ensure that all types of ballots are included in the audit, whether cast in person, by369 |
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| 389 | + | absentee ballot, advance voting, provisional ballot, or otherwise;370 |
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| 390 | + | (3) Provide a report of the unofficial final tabulated vote results for the contest to the371 |
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| 391 | + | public prior to conducting the audit;372 |
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| 392 | + | (4) Complete the audit in public view; and373 |
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| 393 | + | (5) Provide details of the audit to the public within 48 hours of completion.374 23 LC 47 2329S |
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| 394 | + | - 16 - |
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| 395 | + | (d) The State Election Board shall be authorized to promulgate rules, regulations, and375 |
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| 396 | + | procedures to implement and administer the provisions of this Code section. The376 |
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| 397 | + | procedures prescribed by the State Election Board shall include security procedures to377 |
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| 398 | + | ensure that collection of validly cast ballots is complete, accurate, and trustworthy378 |
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| 399 | + | throughout the audit.379 |
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| 400 | + | (e) The Secretary of State shall conduct a risk-limiting audit pilot program with a risk limit380 |
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| 401 | + | of not greater than 10 percent in one or more counties by December 31, 2021. The381 |
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| 402 | + | Secretary of State shall review the results of the pilot program and, within 90 days382 |
|---|
| 403 | + | following the election in which such pilot program is used, shall provide the members of383 |
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| 404 | + | the General Assembly with a comprehensive report, including a plan on how to implement384 |
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| 405 | + | risk-limiting audits state wide. If such risk-limiting audit is successful in achieving the385 |
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| 406 | + | specified confidence level within five business days following the election for which it was386 |
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| 407 | + | conducted, then all audits performed pursuant to this Code section shall be similarly387 |
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| 408 | + | conducted, beginning not later than November 1, 2024."388 |
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| 409 | + | SECTION 13.389 |
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| 410 | + | Said chapter is further amended by revising Code Section 21-2-500, relating to delivery of390 |
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| 411 | + | voting materials, presentation to grand jury in certain cases, preservation and destruction, and391 |
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| 412 | + | destruction of unused ballots, as follows:392 |
|---|
| 413 | + | "21-2-500.393 |
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| 414 | + | (a) Immediately upon completing the returns required by this article, in the case of394 |
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| 415 | + | elections other than municipal elections, the superintendent shall deliver in sealed395 |
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| 416 | + | containers to the clerk of the superior court or, if designated by the clerk of the superior396 |
|---|
| 417 | + | court, to the county records manager or other office or officer under the jurisdiction of a397 |
|---|
| 418 | + | county governing authority which maintains or is responsible for records, as provided in398 |
|---|
| 419 | + | Code Section 50-18-99, the used and void ballots and the stubs of all ballots used; one copy399 |
|---|
| 420 | + | of the oaths of poll officers; and one copy of each numbered list of voters, tally paper,400 23 LC 47 2329S |
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| 421 | + | - 17 - |
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| 422 | + | voting machine paper proof sheet, and return sheet involved in the primary or election. In401 |
|---|
| 423 | + | addition, the superintendent shall deliver copies of the voting machine ballot labels,402 |
|---|
| 424 | + | computer chips containing ballot tabulation programs, copies of computer records of ballot403 |
|---|
| 425 | + | design, and similar items or an electronic record of the program by which votes are to be404 |
|---|
| 426 | + | recorded or tabulated, which is captured prior to the election, and which is stored on some405 |
|---|
| 427 | + | alternative medium such as a CD-ROM or floppy disk simultaneously with the406 |
|---|
| 428 | + | programming of the PROM or other memory storage device. The clerk, county records407 |
|---|
| 429 | + | manager, or the office or officer designated by the clerk shall hold retain and preserve such408 |
|---|
| 430 | + | ballots and other documents under seal, unless otherwise directed by the superior court, in409 |
|---|
| 431 | + | a manner so as to prevent such ballots and other documents from being altered, amended,410 |
|---|
| 432 | + | damaged, modified, or mutilated, for at least 24 months, after which time they shall be411 |
|---|
| 433 | + | presented to the grand jury for inspection at its next meeting. Such ballots and other412 |
|---|
| 434 | + | documents shall be retained and preserved in the office of the clerk, county records413 |
|---|
| 435 | + | manager, or officer designated by the clerk until the adjournment of such grand jury, and414 |
|---|
| 436 | + | then they may be destroyed, unless otherwise provided by order of the superior court.415 |
|---|
| 437 | + | (a.1) Upon certification of all matters on the ballot in a particular election, all such416 |
|---|
| 438 | + | documents from such election shall be subject to electronic inspection pursuant to Code417 |
|---|
| 439 | + | Section 21-2-72, provided that such electronic documents are high resolution images of no418 |
|---|
| 440 | + | less than 300 pixels per inch.419 |
|---|
| 441 | + | (b) The superintendent shall retain all unused ballots for 30 days after the election or420 |
|---|
| 442 | + | primary and, if no challenge or contest is filed prior to or during that period that could421 |
|---|
| 443 | + | require future use of such ballots, may thereafter destroy such unused ballots. If a422 |
|---|
| 444 | + | challenge or contest is filed during that period that could require the use of such ballots,423 |
|---|
| 445 | + | they shall be retained until the final disposition of the challenge or contest and, if remaining424 |
|---|
| 446 | + | unused, may thereafter be destroyed.425 |
|---|
| 447 | + | (c) Immediately upon completing the returns required by this article, the municipal426 |
|---|
| 448 | + | superintendent shall deliver in sealed containers to the city clerk the used and void ballots427 23 LC 47 2329S |
|---|
| 449 | + | - 18 - |
|---|
| 450 | + | and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of428 |
|---|
| 451 | + | each numbered list of voters, tally paper, voting machine paper proof sheet, and return429 |
|---|
| 452 | + | sheet involved in the primary or election. In addition, the municipal superintendent shall430 |
|---|
| 453 | + | deliver copies of the voting machine ballot labels, computer chips containing ballot431 |
|---|
| 454 | + | tabulation programs, copies of computer records of ballot design, and similar items or an432 |
|---|
| 455 | + | electronic record of the program by which votes are to be recorded or tabulated, which is433 |
|---|
| 456 | + | captured prior to the election, and which is stored on some alternative medium such as a434 |
|---|
| 457 | + | CD-ROM or floppy disk simultaneously with the programming of the PROM or other435 |
|---|
| 458 | + | memory storage device. Such ballots and other documents shall be retained and preserved436 |
|---|
| 459 | + | under seal, in a manner so as to prevent such ballots and other documents from being437 |
|---|
| 460 | + | altered, amended, damaged, modified, or mutilated, in the office of the city clerk for at438 |
|---|
| 461 | + | least 24 months; and then they may be destroyed unless otherwise provided by order of the439 |
|---|
| 462 | + | mayor and council if a contest has been filed or by court order, provided that the electors440 |
|---|
| 463 | + | list, voter's certificates, and duplicate oaths of assisted electors shall be immediately441 |
|---|
| 464 | + | returned by the superintendent to the county registrar."442 |
|---|
| 465 | + | SECTION 14.443 |
|---|
| 466 | + | Said chapter is further amended by revising Code Section 21-2-529, relating to liability for444 |
|---|
| 467 | + | costs and methods of collecting, as follows:445 |
|---|
| 468 | + | "21-2-529.446 |
|---|
| 469 | + | The contestant and the defendant shall be liable to the officers and witnesses for the costs447 |
|---|
| 470 | + | made by them, respectively. If the result of the primary or election is confirmed, the448 |
|---|
| 471 | + | petition dismissed, or the prosecution fails, judgment shall be rendered against the449 |
|---|
| 472 | + | contestant for costs; and, if the judgment is against the defendant or the result of the450 |
|---|
| 473 | + | primary or election is set aside, he or she shall pay the costs at the discretion of the court.451 |
|---|
| 474 | + | After entry of judgment, the costs may be collected by attachment or otherwise. Under no452 23 LC 47 2329S |
|---|
| 475 | + | - 19 - |
|---|
| 476 | + | circumstances shall a nonprevailing party be liable for reasonable or actual attorney fees453 |
|---|
| 477 | + | so long as the election contest was brought in good faith."454 |
|---|
| 478 | + | SECTION 15.455 |
|---|
| 479 | + | Said chapter is further amended by adding a new Code section to read as follows:456 |
|---|
| 480 | + | "21-2-596.1.457 |
|---|
| 481 | + | Any county or municipal election superintendent on whom a duty to call an election is laid458 |
|---|
| 482 | + | by a local Act of the General Assembly who willfully neglects or refuses to perform his or459 |
|---|
| 483 | + | her duty to call such election shall be guilty of a misdemeanor."460 |
|---|
| 484 | + | SECTION 16.461 |
|---|
| 485 | + | All laws and parts of laws in conflict with this Act are repealed.462 |
|---|