| 10 | 7 | | elections and primaries generally, so as to provide for new voting equipment by the state2 |
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| 11 | 8 | | using and optical scanning voting system and hand marked paper ballots; to provide for3 |
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| 12 | 9 | | ballot on demand printing; to revise and provide for definitions; to repeal superseded4 |
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| 13 | 10 | | provisions; to authorize the use of certain election equipment for accessibility purposes; to5 |
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| 14 | 11 | | revise provisions related to certain offenses to include references to new election equipment6 |
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| 15 | 12 | | systems; to provide for related matters; to repeal conflicting laws; and for other purposes.7 |
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| 16 | 13 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 17 | 14 | | SECTION 1.9 |
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| 18 | 15 | | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and10 |
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| 19 | 16 | | primaries generally, is amended in Code Section 21-2-2, relating to definitions, by adding11 |
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| 20 | 17 | | a new paragraph to read as follows:12 |
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| 28 | 22 | | Said chapter is further amended by revising Code Section 21-2-300, relating to provision of16 |
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| 29 | 23 | | new voting equipment by state, uniform system using ballot scanners, pilot programs, county17 |
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| 30 | 24 | | obligations, and use of physical ballots, as follows:18 |
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| 31 | 25 | | "21-2-300.19 |
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| 32 | 26 | | (a)(1) The equipment used for casting and counting votes in county, state, and federal20 |
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| 33 | 27 | | elections shall be the same in each county in this state and shall be provided to each21 |
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| 34 | 28 | | county by the state, as determined by the Secretary of State.22 |
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| 35 | 29 | | (2) As soon as possible, once such equipment is certified by the Secretary of State as safe23 |
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| 36 | 30 | | and practicable for use, all federal, state, and county general primaries and general24 |
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| 37 | 31 | | elections as well as special primaries and special elections in the State of Georgia shall25 |
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| 40 | 33 | | an optical scanning voting system utilizing nonelectronic ballot markers and ballot on27 |
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| 41 | 34 | | demand printing, and shall be tabulated by using ballot scanners that also create scanned28 |
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| 42 | 35 | | images of tabulated ballots, for voting at the polls and for absentee ballots cast in person,29 |
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| 43 | 36 | | unless otherwise authorized by law; provided, however, that such electronic ballot30 |
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| 44 | 37 | | markers system shall produce paper ballots which are marked with the elector's choices31 |
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| 45 | 38 | | in a format readable by the elector.32 |
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| 46 | 39 | | (3) The state shall furnish a uniform optical scanning voting system and ballot on33 |
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| 47 | 40 | | demand printing system of electronic ballot markers and ballot scanners for use in each34 |
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| 48 | 41 | | county as soon as possible. Such equipment shall be certified by the United States35 |
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| 49 | 42 | | Election Assistance Commission prior to purchase, lease, or acquisition. At its own36 |
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| 50 | 43 | | expense, the governing authority of a county may purchase, lease, or otherwise acquire37 |
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| 51 | 44 | | additional electronic ballot markers optical scanning voting and on ballot on demand38 |
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| 52 | 45 | | printing equipment and ballot scanners of the type furnished by the state, if the governing39 |
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| 53 | 46 | | authority so desires. Additionally, at its own expense, the governing authority of a40 |
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| 54 | 47 | | municipality may choose to acquire its own electronic ballot markers optical scanning41 |
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| 57 | 49 | | voting system, ballot on demand printing equipment, and ballot scanners by purchase,42 |
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| 58 | 50 | | lease, or other procurement process.43 |
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| 59 | 51 | | (4) Notwithstanding any provision of law to the contrary, the Secretary of State is44 |
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| 60 | 52 | | authorized to conduct pilot programs to test and evaluate the use of electronic ballot45 |
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| 61 | 53 | | markers an optical scanning voting system, ballot on demand printing, and ballot scanners46 |
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| 62 | 54 | | in primaries and elections in this state.47 |
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| 63 | 55 | | (b) Each county shall, prior to being provided with voting equipment by the state, provide48 |
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| 64 | 56 | | polling places that are adequate for the operation of such equipment including, if necessary,49 |
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| 65 | 57 | | the placement within the polling places of a sufficient number of electrical outlets and50 |
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| 66 | 58 | | telephone lines.51 |
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| 67 | 59 | | (c) Each county shall, prior to being provided with voting equipment by the state, provide52 |
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| 68 | 60 | | or contract for adequate technical support for the installation, set up, and operation of such53 |
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| 69 | 61 | | voting equipment for each primary, election, and special primary and special election as54 |
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| 70 | 62 | | the Secretary of State shall determine by rule or regulation.55 |
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| 71 | 63 | | (d) The Secretary of State shall be responsible for the development, implementation, and56 |
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| 72 | 64 | | provision of a continuing program to educate voters, election officials, and poll workers57 |
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| 73 | 65 | | in the proper use of such voting equipment. Each county shall bear the costs, including58 |
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| 74 | 66 | | transportation, subsistence, and lodging, incurred by its election and registration officials59 |
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| 75 | 67 | | in attending courses taught by or arranged by the Secretary of State for instruction in the60 |
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| 76 | 68 | | use of the voting equipment.61 |
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| 77 | 69 | | (e)(1) Counties shall be authorized to contract with municipal governments for the use62 |
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| 78 | 70 | | of such voting equipment in municipal elections under terms and conditions specified by63 |
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| 79 | 71 | | the Secretary of State to assure that the equipment is properly used and kept secure.64 |
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| 80 | 72 | | (2) Notwithstanding the provisions of Code Section 21-2-45, counties may not levy a fee65 |
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| 81 | 73 | | for use of state owned voting equipment but may require municipalities to reimburse the66 |
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| 82 | 74 | | county for the actual expenses related to the election or elections that are subject to the67 |
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| 83 | 75 | | county and municipal contract.68 |
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| 86 | 77 | | (f)(1) Notwithstanding any provision of this Code section to the contrary, provided that69 |
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| 87 | 78 | | the county election superintendent has petitioned and received the approval of the State70 |
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| 88 | 79 | | Election Board at least 10 days prior to the beginning of advance voting, in any election71 |
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| 89 | 80 | | with less than 5,000 registered electors, such superintendent may provide the electors72 |
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| 90 | 81 | | physical ballots on the same type of ballot that is used for absentee ballots pursuant to73 |
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| 91 | 82 | | subsection (a) of Code Section 21-2-383 and allow electors to mark their ballot using a74 |
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| 92 | 83 | | pen, pencil, or similar non-electronic writing tool as an alternative to using electronic75 |
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| 93 | 84 | | ballot marking devices.76 |
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| 94 | 85 | | (2) Such physical ballots may only be used to conduct:77 |
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| 95 | 86 | | (A) Special primaries, special elections, or runoffs thereof for county offices; or78 |
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| 96 | 87 | | (B) Special elections to present a question to the voters of a county.79 |
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| 97 | 88 | | Furthermore, such primary, special primary, election, or special election shall occur80 |
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| 98 | 89 | | independently and apart from a presidential preference primary, state-wide general81 |
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| 99 | 90 | | primary, state-wide special primary, state-wide general election, or state-wide special82 |
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| 100 | 91 | | election."83 |
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| 101 | 92 | | SECTION 3.84 |
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| 102 | 93 | | Said chapter is further amended by revising Code Section 21-2-367, relating to installation85 |
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| 103 | 94 | | of systems, number of systems, and good working order, as follows:86 |
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| 104 | 95 | | "21-2-367.87 |
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| 105 | 96 | | (a) When the use of optical scanning voting systems has been authorized in the manner88 |
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| 106 | 97 | | prescribed in this part, such optical scanning voting systems shall be installed, either89 |
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| 107 | 98 | | simultaneously or gradually, within the county or municipality.90 |
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| 108 | 99 | | (b)(1) In each precinct in which optical scanning voting systems are used in a state-wide91 |
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| 109 | 100 | | general election, except as provided for in paragraph (2) of this subsection, the county92 |
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| 110 | 101 | | election superintendent shall provide at least one voting booth or enclosure for each 25093 |
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| 111 | 102 | | electors therein, or fraction thereof.94 |
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| 116 | 105 | | may provide a greater or lesser number of voting booths or enclosures if, after a thorough96 |
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| 117 | 106 | | consideration of the type of election, expected turnout, the number of electors who have97 |
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| 118 | 107 | | already voted by advance voting or absentee ballot, and other relevant factors that inform98 |
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| 119 | 108 | | the appropriate amount of equipment needed, such superintendent determines that a99 |
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| 120 | 109 | | different amount of equipment is needed or sufficient. Such determination shall be100 |
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| 121 | 110 | | subject to the provisions of Code Section 21-2-263.101 |
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| 124 | 112 | | (d) The county or municipal governing authority, as appropriate, shall provide optical103 |
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| 125 | 113 | | scanning voting systems in good working order and of sufficient capacity to accommodate104 |
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| 126 | 114 | | the names of a reasonable number of candidates for all party offices and nominations and105 |
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| 127 | 115 | | public offices which, under the provisions of existing laws and party rules, are likely to be106 |
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| 128 | 116 | | voted for at any future primary or election."107 |
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| 129 | 117 | | SECTION 4.108 |
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| 130 | 118 | | Said chapter is further amended by repealing and reserving Code Section 21-2-378, relating109 |
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| 131 | 119 | | to payment for systems.110 |
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| 132 | 120 | | SECTION 5.111 |
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| 133 | 121 | | Said chapter is further amended by revising Code Section 21-2-379.21, relating to access to112 |
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| 134 | 122 | | optical scanning voting systems for disabled, as follows:113 |
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| 135 | 123 | | "21-2-379.21.114 |
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| 136 | 124 | | Notwithstanding any provision of Code Section 21-2-300 to the contrary, each Each polling115 |
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| 137 | 125 | | place in this state utilizing optical scanning voting systems shall be equipped with at least116 |
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| 138 | 126 | | one electronic ballot marker that meets the requirements as set forth in this part that is117 |
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| 139 | 127 | | accessible to individuals with disabilities."118 |
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| 150 | 135 | | be delivered to the board of registrars as provided in Code Section 21-2-384, or shall be125 |
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| 151 | 136 | | printed using ballot on demand printing. Such ballots shall be marked 'Official Absentee126 |
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| 152 | 137 | | Ballot' and shall be in substantially the form for ballots required by Article 8 of this127 |
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| 153 | 138 | | chapter, except that in counties or municipalities using voting machines, or direct recording128 |
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| 154 | 139 | | electronic (DRE) units, or ballot scanners, the ballots may be in substantially the form for129 |
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| 155 | 140 | | the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot130 |
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| 156 | 141 | | to be machine tabulated. Every such ballot shall have printed on the face thereof the131 |
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| 157 | 142 | | following:132 |
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| 158 | 143 | | 'I understand that the offer or acceptance of money or any other object of value to vote133 |
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| 159 | 144 | | for any particular candidate, list of candidates, issue, or list of issues included in this134 |
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| 160 | 145 | | election constitutes an act of voter fraud and is a felony under Georgia law.'135 |
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| 161 | 146 | | The form for either ballot shall be determined and prescribed by the Secretary of State and136 |
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| 162 | 147 | | shall have printed at the top the name and designation of the precinct."137 |
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| 163 | 148 | | SECTION 7.138 |
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| 164 | 149 | | Said chapter is further amended by revising Code Section 21-2-566, relating to interference139 |
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| 165 | 150 | | with primaries and elections generally, as follows:140 |
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| 166 | 151 | | "21-2-566.141 |
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| 167 | 152 | | Any person who: 142 |
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| 168 | 153 | | (1) Willfully prevents or attempts to prevent any poll officer from holding any primary143 |
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| 169 | 154 | | or election under this chapter;144 |
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| 177 | 159 | | duties or materially interrupts or improperly and materially interferes with the execution148 |
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| 178 | 160 | | of a poll officer, election official, or poll watcher's, as provided for by Code Section149 |
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| 179 | 161 | | 21-2-408, duties;150 |
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| 180 | 162 | | (3) Willfully blocks or attempts to block the avenue to the door of any polling place;151 |
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| 181 | 163 | | (4) Uses or threatens violence in a manner that would prevent a reasonable elector from152 |
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| 182 | 164 | | voting or actually prevents any elector from voting;153 |
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| 183 | 165 | | (5) Willfully prepares or presents to any poll officer a fraudulent voter's certificate not154 |
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| 184 | 166 | | signed by the elector whose certificate it purports to be;155 |
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| 185 | 167 | | (6) Knowingly deposits fraudulent ballots in the ballot box;156 |
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| 186 | 168 | | (7) Knowingly registers fraudulent votes upon any voting machine; or157 |
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| 187 | 169 | | (8) Willfully tampers with any electors list, voter's certificate, numbered list of voters,158 |
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| 188 | 170 | | ballot box, voting machine, direct recording electronic (DRE) equipment, electronic159 |
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| 189 | 171 | | ballot marker, optical scanning voting system, ballot on demand printing equipment, or160 |
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| 190 | 172 | | tabulating machine161 |
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| 191 | 173 | | shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment162 |
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| 192 | 174 | | for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00,163 |
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| 193 | 175 | | or both."164 |
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| 194 | 176 | | SECTION 8.165 |
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| 195 | 177 | | Said chapter is further amended by revising Code Section 21-2-580, relating to tampering166 |
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| 196 | 178 | | with, damaging, improper preparation of, or prevention of proper operation of voting167 |
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| 197 | 179 | | machines or electronic ballot markers or tabulating machines, as follows:168 |
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| 198 | 180 | | "21-2-580.169 |
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| 199 | 181 | | Any person who:170 |
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| 202 | 183 | | (1) Unlawfully opens, tampers with, or damages any voting machine, or electronic ballot171 |
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| 203 | 184 | | marker, optical scanning voting system, ballot on demand printing equipment, ballot172 |
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| 204 | 185 | | scanner, or tabulating machine to be used or being used at any primary or election;173 |
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| 205 | 186 | | (2) Willfully prepares a voting machine, or an electronic ballot marker, optical scanning174 |
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| 206 | 187 | | voting system, ballot on demand printing, ballot scanner, or tabulating machine for use175 |
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| 207 | 188 | | in a primary or election in improper order for voting; or176 |
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| 208 | 189 | | (3) Prevents or attempts to prevent the correct operation of such voting machine,177 |
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| 209 | 190 | | electronic ballot marker, optical scanning voting system, ballot on demand printing178 |
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| 210 | 191 | | equipment, ballot scanner, or tabulating machine or voting machine,179 |
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| 211 | 192 | | shall be guilty of a felony."180 |
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| 212 | 193 | | SECTION 9.181 |
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| 213 | 194 | | Said chapter is further amended by revising Code Section 21-2-582, relating to tampering182 |
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| 214 | 195 | | with, damaging, or preventing of proper operation of direct recording electronic equipment183 |
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| 215 | 196 | | or electronic ballot marker or tabulating machine or device, as follows:184 |
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| 216 | 197 | | "21-2-582.185 |
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| 217 | 198 | | Any person who tampers with or damages any direct recording electronic (DRE)186 |
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| 218 | 199 | | equipment, or electronic ballot marker, optical scanning voting system, ballot on demand 187 |
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| 219 | 200 | | printing equipment, ballot scanner, or tabulating machine or device to be used or being188 |
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| 220 | 201 | | used at or in connection with any primary or election or who prevents or attempts to189 |
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| 221 | 202 | | prevent the correct operation of any direct recording electronic (DRE) equipment, or190 |
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| 222 | 203 | | electronic ballot marker, optical scanning voting system, ballot on demand printing191 |
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| 223 | 204 | | equipment, ballot scanner, or tabulating machine or device shall be guilty of a felony."192 |
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| 224 | 205 | | SECTION 10.193 |
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| 225 | 206 | | Said chapter is further amended by revising Code Section 21-2-582.1, relating to penalty for194 |
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| 226 | 207 | | voting equipment modification, as follows:195 |
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| 233 | 211 | | mean a voting machine, ballot scanner, tabulating machine, optical scanning voting system,198 |
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| 234 | 212 | | ballot on demand printing equipment, direct recording electronic voting system, or199 |
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| 235 | 213 | | electronic ballot marker.200 |
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| 236 | 214 | | (b) Any person or entity, including, but not limited to, a manufacturer or seller of voting201 |
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| 237 | 215 | | equipment, who alters, modifies, or changes any aspect of such voting equipment without202 |
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| 238 | 216 | | prior approval of the Secretary of State is shall be guilty of a felony."203 |
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| 239 | 217 | | SECTION 11.204 |
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| 240 | 218 | | Said chapter is further amended by revising Code Section 21-2-587, relating to frauds by poll205 |
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| 241 | 219 | | officers as follows:206 |
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| 242 | 220 | | "21-2-587.207 |
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| 243 | 221 | | Any poll officer who willfully:208 |
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| 244 | 222 | | (1) Makes a false return of the votes cast at any primary or election;209 |
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| 245 | 223 | | (2) Deposits fraudulent ballots in the ballot box or certifies as correct a false return of210 |
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| 246 | 224 | | ballots;211 |
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| 247 | 225 | | (3) Registers fraudulent votes upon any voting machine or certifies as correct a return212 |
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| 248 | 226 | | of fraudulent votes cast upon any voting machine;213 |
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| 249 | 227 | | (4) Makes any false entries in the electors list;214 |
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| 250 | 228 | | (5) Destroys or alters any ballot, voter's certificate, or electors list;215 |
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| 251 | 229 | | (6) Tampers with any voting machine, direct recording electronic (DRE) equipment,216 |
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| 252 | 230 | | electronic ballot marker, optical scanning voting system, ballot on demand printing217 |
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| 253 | 231 | | equipment, ballot scanner, or tabulating machine or device;218 |
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| 254 | 232 | | (7) Prepares or files any false voter's certificate not prepared by or for an elector actually219 |
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| 255 | 233 | | voting at such primary or election; or220 |
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