25 LC 47 3679S(SCS)
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
AS PASSED SENATE
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 provide for new voting equipment by the state2
using and optical scanning voting system and hand marked paper ballots; to provide for3
ballot on demand printing; to revise and provide for definitions; to repeal superseded4
provisions; to authorize the use of certain election equipment for accessibility purposes; to5
revise provisions related to certain offenses to include references to new election equipment6
systems; to provide for related matters; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and10
primaries generally, is amended in Code Section 21-2-2, relating to definitions, by adding11
a new paragraph to read as follows:12
"(2.05) 'Ballot on demand printing' means a stand-alone system that prints ballots for
13
each ballot style within a county or municipality."14
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SECTION 2.
15
Said chapter is further amended by revising Code Section 21-2-300, relating to provision of16
new voting equipment by state, uniform system using ballot scanners, pilot programs, county17
obligations, and use of physical ballots, as follows:18
"21-2-300.19
(a)(1) The equipment used for casting and counting votes in county, state, and federal20
elections shall be the same in each county in this state and shall be provided to each21
county by the state, as determined by the Secretary of State.22
(2) As soon as possible, once such equipment is certified by the Secretary of State as safe23
and practicable for use, all federal, state, and county general primaries and general24
elections as well as special primaries and special elections in the State of Georgia shall25
be conducted with the use of scanning ballots marked by electronic ballot markers and
26
an optical scanning voting system utilizing nonelectronic ballot markers and ballot on27
demand printing, and shall be tabulated by using ballot scanners that also create scanned28
images of tabulated ballots, for voting at the polls and for absentee ballots cast in person,29
unless otherwise authorized by law; provided, however, that such electronic ballot30
markers system shall produce paper ballots which are marked with the elector's choices31
in a format readable by the elector.32
(3) The state shall furnish a uniform optical scanning voting system and ballot on33
demand printing system of electronic ballot markers and ballot scanners for use in each34
county as soon as possible. Such equipment shall be certified by the United States35
Election Assistance Commission prior to purchase, lease, or acquisition. At its own36
expense, the governing authority of a county may purchase, lease, or otherwise acquire37
additional electronic ballot markers optical scanning voting and on ballot on demand38
printing equipment and ballot scanners of the type furnished by the state, if the governing39
authority so desires. Additionally, at its own expense, the governing authority of a40
municipality may choose to acquire its own electronic ballot markers optical scanning41
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voting system, ballot on demand printing equipment, and ballot scanners by purchase,42
lease, or other procurement process.43
(4) Notwithstanding any provision of law to the contrary, the Secretary of State is44
authorized to conduct pilot programs to test and evaluate the use of electronic ballot45
markers an optical scanning voting system, ballot on demand printing, and ballot scanners46
in primaries and elections in this state.47
(b) Each county shall, prior to being provided with voting equipment by the state, provide48
polling places that are adequate for the operation of such equipment including, if necessary,49
the placement within the polling places of a sufficient number of electrical outlets and50
telephone lines.51
(c) Each county shall, prior to being provided with voting equipment by the state, provide52
or contract for adequate technical support for the installation, set up, and operation of such53
voting equipment for each primary, election, and special primary and special election as54
the Secretary of State shall determine by rule or regulation.55
(d) The Secretary of State shall be responsible for the development, implementation, and56
provision of a continuing program to educate voters, election officials, and poll workers57
in the proper use of such voting equipment. Each county shall bear the costs, including58
transportation, subsistence, and lodging, incurred by its election and registration officials59
in attending courses taught by or arranged by the Secretary of State for instruction in the60
use of the voting equipment.61
(e)(1) Counties shall be authorized to contract with municipal governments for the use62
of such voting equipment in municipal elections under terms and conditions specified by63
the Secretary of State to assure that the equipment is properly used and kept secure.64
(2) Notwithstanding the provisions of Code Section 21-2-45, counties may not levy a fee65
for use of state owned voting equipment but may require municipalities to reimburse the66
county for the actual expenses related to the election or elections that are subject to the67
county and municipal contract.68
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(f)(1) Notwithstanding any provision of this Code section to the contrary, provided that69
the county election superintendent has petitioned and received the approval of the State70
Election Board at least 10 days prior to the beginning of advance voting, in any election71
with less than 5,000 registered electors, such superintendent may provide the electors72
physical ballots on the same type of ballot that is used for absentee ballots pursuant to73
subsection (a) of Code Section 21-2-383 and allow electors to mark their ballot using a74
pen, pencil, or similar non-electronic writing tool as an alternative to using electronic75
ballot marking devices.76
(2) Such physical ballots may only be used to conduct:77
(A) Special primaries, special elections, or runoffs thereof for county offices; or78
(B) Special elections to present a question to the voters of a county.79
Furthermore, such primary, special primary, election, or special election shall occur80
independently and apart from a presidential preference primary, state-wide general81
primary, state-wide special primary, state-wide general election, or state-wide special82
election."83
SECTION 3.84
Said chapter is further amended by revising Code Section 21-2-367, relating to installation85
of systems, number of systems, and good working order, as follows:86
"21-2-367.87
(a) When the use of optical scanning voting systems has been authorized in the manner88
prescribed in this part, such optical scanning voting systems shall be installed, either89
simultaneously or gradually, within the county or municipality.90
(b)(1) In each precinct in which optical scanning voting systems are used in a state-wide91
general election, except as provided for in paragraph (2) of this subsection, the county92
election superintendent shall provide at least one voting booth or enclosure for each 25093
electors therein, or fraction thereof.94
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(2) For any primary, election, or runoff, the county or municipal election superintendent
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may provide a greater or lesser number of voting booths or enclosures if, after a thorough96
consideration of the type of election, expected turnout, the number of electors who have97
already voted by advance voting or absentee ballot, and other relevant factors that inform98
the appropriate amount of equipment needed, such superintendent determines that a99
different amount of equipment is needed or sufficient. Such determination shall be100
subject to the provisions of Code Section 21-2-263.101
(c) Reserved.
102
(d) The county or municipal governing authority, as appropriate, shall provide optical103
scanning voting systems in good working order and of sufficient capacity to accommodate104
the names of a reasonable number of candidates for all party offices and nominations and105
public offices which, under the provisions of existing laws and party rules, are likely to be106
voted for at any future primary or election."107
SECTION 4.108
Said chapter is further amended by repealing and reserving Code Section 21-2-378, relating109
to payment for systems.110
SECTION 5.111
Said chapter is further amended by revising Code Section 21-2-379.21, relating to access to112
optical scanning voting systems for disabled, as follows:113
"21-2-379.21.114
Notwithstanding any provision of Code Section 21-2-300 to the contrary, each Each polling115
place in this state utilizing optical scanning voting systems shall be equipped with at least116
one electronic ballot marker that meets the requirements as set forth in this part that is117
accessible to individuals with disabilities."118
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SECTION 6.
119
Said chapter is further amended by revising Code Section 21-2-482, relating to absentee120
ballots for precincts using optical scanning voting equipment, as follows:121
"21-2-482.122
Ballots in a precinct using optical scanning voting equipment for voting by absentee123
electors shall be either be
prepared sufficiently in advance by the superintendent and shall124
be delivered to the board of registrars as provided in Code Section 21-2-384, or shall be125
printed using ballot on demand printing. Such ballots shall be marked 'Official Absentee126
Ballot' and shall be in substantially the form for ballots required by Article 8 of this127
chapter, except that in counties or municipalities using voting machines, or direct recording128
electronic (DRE) units, or ballot scanners, the ballots may be in substantially the form for129
the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot130
to be machine tabulated. Every such ballot shall have printed on the face thereof the131
following:132
'I understand that the offer or acceptance of money or any other object of value to vote133
for any particular candidate, list of candidates, issue, or list of issues included in this134
election constitutes an act of voter fraud and is a felony under Georgia law.'135
The form for either ballot shall be determined and prescribed by the Secretary of State and136
shall have printed at the top the name and designation of the precinct."137
SECTION 7.138
Said chapter is further amended by revising Code Section 21-2-566, relating to interference139
with primaries and elections generally, as follows:140
"21-2-566.141
Any person who: 142
(1) Willfully prevents or attempts to prevent any poll officer from holding any primary143
or election under this chapter;144
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(2) Uses or threatens violence in a manner that would prevent a reasonable poll officer,
145
election official, or poll watcher or actually prevents a poll officer, election official, or146
poll watcher,
as provided for by Code Section 21-2-408, from the execution of his or her147
duties or materially interrupts or improperly and materially interferes with the execution148
of a poll officer, election official, or poll watcher's, as provided for by Code Section149
21-2-408, duties;150
(3) Willfully blocks or attempts to block the avenue to the door of any polling place;151
(4) Uses or threatens violence in a manner that would prevent a reasonable elector from152
voting or actually prevents any elector from voting;153
(5) Willfully prepares or presents to any poll officer a fraudulent voter's certificate not154
signed by the elector whose certificate it purports to be;155
(6) Knowingly deposits fraudulent ballots in the ballot box;156
(7) Knowingly registers fraudulent votes upon any voting machine; or157
(8) Willfully tampers with any electors list, voter's certificate, numbered list of voters,158
ballot box, voting machine, direct recording electronic (DRE) equipment, electronic159
ballot marker, optical scanning voting system, ballot on demand printing equipment, or160
tabulating machine161
shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment162
for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00,163
or both."164
SECTION 8.165
Said chapter is further amended by revising Code Section 21-2-580, relating to tampering166
with, damaging, improper preparation of, or prevention of proper operation of voting167
machines or electronic ballot markers or tabulating machines, as follows:168
"21-2-580.169
Any person who:170
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(1) Unlawfully opens, tampers with, or damages any voting machine, or electronic ballot171
marker, optical scanning voting system, ballot on demand printing equipment, ballot172
scanner, or tabulating machine to be used or being used at any primary or election;173
(2) Willfully prepares a voting machine, or an electronic ballot marker, optical scanning174
voting system, ballot on demand printing, ballot scanner, or tabulating machine for use175
in a primary or election in improper order for voting; or176
(3) Prevents or attempts to prevent the correct operation of such voting machine,177
electronic ballot marker, optical scanning voting system, ballot on demand printing178
equipment, ballot scanner, or tabulating machine or voting machine,179
shall be guilty of a felony."180
SECTION 9.181
Said chapter is further amended by revising Code Section 21-2-582, relating to tampering182
with, damaging, or preventing of proper operation of direct recording electronic equipment183
or electronic ballot marker or tabulating machine or device, as follows:184
"21-2-582.185
Any person who tampers with or damages any direct recording electronic (DRE)186
equipment, or electronic ballot marker, optical scanning voting system, ballot on demand 187
printing equipment, ballot scanner, or tabulating machine or device to be used or being188
used at or in connection with any primary or election or who prevents or attempts to189
prevent the correct operation of any direct recording electronic (DRE) equipment, or190
electronic ballot marker, optical scanning voting system, ballot on demand printing191
equipment, ballot scanner, or tabulating machine or device shall be guilty of a felony."192
SECTION 10.193
Said chapter is further amended by revising Code Section 21-2-582.1, relating to penalty for194
voting equipment modification, as follows:195
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"21-2-582.1.
196
(a) As used in
For the purposes of this Code section, the term 'voting equipment' shall197
mean a voting machine, ballot scanner, tabulating machine, optical scanning voting system,198
ballot on demand printing equipment, direct recording electronic voting system, or199
electronic ballot marker.200
(b) Any person or entity, including, but not limited to, a manufacturer or seller of voting201
equipment, who alters, modifies, or changes any aspect of such voting equipment without202
prior approval of the Secretary of State is shall be guilty of a felony."203
SECTION 11.204
Said chapter is further amended by revising Code Section 21-2-587, relating to frauds by poll205
officers as follows:206
"21-2-587.207
Any poll officer who willfully:208
(1) Makes a false return of the votes cast at any primary or election;209
(2) Deposits fraudulent ballots in the ballot box or certifies as correct a false return of210
ballots;211
(3) Registers fraudulent votes upon any voting machine or certifies as correct a return212
of fraudulent votes cast upon any voting machine;213
(4) Makes any false entries in the electors list;214
(5) Destroys or alters any ballot, voter's certificate, or electors list;215
(6) Tampers with any voting machine, direct recording electronic (DRE) equipment,216
electronic ballot marker, optical scanning voting system, ballot on demand printing217
equipment, ballot scanner, or tabulating machine or device;218
(7) Prepares or files any false voter's certificate not prepared by or for an elector actually219
voting at such primary or election; or220
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(8) Fails to return to the officials prescribed by this chapter, following any primary or
221
election, any keys of a voting machine; ballot box; general or duplicate return sheet; tally222
paper; oaths of poll officers; affidavits of electors and others; record of assisted voters;223
numbered list of voters; electors list; voter's certificate; spoiled and canceled ballots;224
ballots deposited, written, or affixed in or upon a voting machine; DRE, electronic ballot225
marker, ballot scanner,
or tabulating machine memory cards; or any certificate or any226
other paper or record required to be returned under this chapter,227
shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment228
for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00,229
or both."230
SECTION 12.231
All laws and parts of laws in conflict with this Act are repealed.232
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