25 LC 47 3286
Senate Bill 214
By: Senators Burns of the 23rd, Williams of the 25th, Moore of the 53rd, Harbin of the 16th,
Gooch of the 51st and others
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 authorize electors to cast physical absentee2
on-request ballots as an alternative to using other authorized means of casting in-person3
votes; to provide procedures for form, collection, and tabulation of such ballots; to revise4
reporting provisions to reference such ballots; to provide for related matters; to repeal5
conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and9
primaries generally, is amended by revising Code Section 21-2-416, which is reserved, as10
follows:11
"21-2-416.12
(a) Notwithstanding any other provision of this chapter to the contrary except
13
subsection (d) of Code Section 21-2-418:14
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(1) If on the date of a primary, election, or runoff, an elector presents himself or herself15
at the polling place in his or her designated precinct for the purpose of casting a ballot in16
such primary, election, or runoff; or17
(2) If during the period of advance voting provided for by subsection (d) of Code18
Section 21-2-385, an elector presents himself or herself at an absentee polling place,19
advance voting location, or registration office in his or her county of residence for the20
purpose of casting a ballot in a primary, election, or runoff21
and if the elector's name appears on the list of registered electors and he or she has22
presented proper identification pursuant to Code Section 21-2-417, then such elector shall23
be entitled to cast an absentee on-request ballot pursuant to this Code section.24
(b) An elector qualified pursuant to subsection (a) of this Code section may request to cast25
an absentee on-request ballot on the same physical type of ballot that is used for absentee26
ballots pursuant to subsection (a) of Code Section 21-2-383.27
(c) Upon the elector hand marking the ballot provided for in subsection (b) of this Code28
section, such ballot shall not be sealed in the envelopes provided for in Code29
Section 21-2-384, but shall be deposited by the elector casting such ballot in a secure,30
sealed ballot box.31
(d)(1) Upon the closing of the polls and the last elector voting, ballots cast pursuant to32
paragraph (1) of subsection (a) of this Code section shall be tabulated at the precinct in33
the same manner provided for in Code Section 21-2-483.34
(2) Ballots cast pursuant to paragraph (2) of subsection (a) of this Code section shall be35
kept, stored, processed, and tabulated in the same manner as absentee ballots pursuant to36
Code Section 21-2-386, except that any provisions of that Code section relating to37
envelopes, signatures, oaths, or curing defects shall not apply to any ballots cast pursuant38
to this Code section.39
(e) The election superintendent shall provide at each polling place, absentee polling place,40
advance voting location, and registration office:41
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(1) Sufficient ballots and enclosures so as to allow electors opting to cast a ballot42
pursuant to this Code section the ability to cast such ballot in secrecy; and43
(2) Sufficient equipment for the counting and tabulation of any ballots cast pursuant to44
this Code section. Reserved."45
SECTION 2.46
Said chapter is further amended by revising Code Section 21-2-420, relating to procedure for47
counting and tabulation of ballots, as follows:48
"21-2-420.49
(a) After the time for the closing of the polls and the last elector voting, the poll officials50
in each precinct shall complete the required accounting and related documentation for the51
precinct and shall advise the election superintendent of the total number of ballots cast at52
such precinct, the total number of ballots cast pursuant to Code Section 21-2-416, and the53
total number of provisional ballots cast. The chief manager and at least one assistant54
manager shall post a copy of the tabulated results for the precinct on the door of the55
precinct and then immediately deliver all required documentation and election materials56
to the election superintendent. The election superintendent shall then ensure that such57
ballots are processed, counted, and tabulated as soon as possible and shall not cease such58
count and tabulation until all such ballots are counted and tabulated.59
(b) The election superintendent shall ensure that each precinct notifies the election60
superintendent of the number of ballots cast, the number of ballots cast pursuant to Code61
Section 21-2-416, and the number of provisional ballots cast as soon as possible after the62
time for the closing of the polls and the last elector votes. The election superintendent shall63
post such information publicly. The State Election Board shall promulgate rules and64
regulations regarding how such information shall be publicly posted to ensure65
transparency, accuracy, and security."66
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SECTION 3.
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All laws and parts of laws in conflict with this Act are repealed.68
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