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| Georgia General Assembly |
HB479.html
01 HB 479/AP
House Bill 479 (AS PASSED HOUSE AND
SENATE)
By: Representatives Holmes of the
53rd, Hudson of the 120th, DeLoach of the
172nd, Watson of the 70th and Mobley of the
69th
A BILL TO BE
ENTITLED
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,
relating to elections, so as to provide that certain persons are not eligible
for party nomination, public office, or the performance of certain official
acts; to provide that the Secretary of State shall not serve in a fiduciary role
in any campaign of a candidate for an office which must be certified by the
Secretary of State; to require that the municipal superintendent must be
appointed in a public meeting and the appointment recorded on the minutes of the
meeting; to provide for a municipal superintendent when the governing authority
fails to appoint; to prohibit certain persons from serving as municipal
superintendents; to require superintendents to instruct all poll officers and
workers in election procedures and issue certifications and notify the Secretary
of State of the completion of such training; to prohibit a poll officer or
worker who has not been trained in election procedures from serving except in
limited circumstances; to require county election superintendents and registrars
to receive 12 hours´ training annually; to provide that all state and
county executive committees of political parties shall file a list of their
members with the appropriate election official; to provide that all run-off
elections shall be held on the twenty-first day after the preceding election; to
provide that qualifying fees shall be fixed at least 35 days prior to a special
primary or special election; to provide for the apportioning of qualifying fees
under certain circumstances; to provide that a candidate cannot seek certain
offices in the same primary or election; to require that the minimum time for
qualifying for a special primary or election shall be two and one-half days; to
provide that the election superintendent shall qualify county political party
candidates under certain circumstances; to provide that a copy of each
candidate´s declaration of candidacy and affidavit accompany the
certification of party candidates for a primary; to require that persons signing
a nominating petition be urged to provide their dates of birth for use in
verifying the petition; to provide that registrars and deputy registrars shall
be electors of the state and have not been convicted of certain crimes; to
authorize the appointing authority to investigate the criminal history of a
registrar or deputy registrar prior to making such appointment; to require
registrars at certain education institutions to receive training annually; to
provide that the Secretary of State may make voter registration forms available
through printed forms, electronic means, and otherwise; to provide that disabled
and illiterate individuals may receive assistance in completing voter
registration applications; to provide that persons assisting disabled and
illiterate individuals in completing voter registration forms shall sign such
forms; to provide that certain additional voter registration locations transmit
completed voter registration applications on a weekly basis except in the 15
days prior to a registration deadline when they shall be transmitted daily; to
require municipalities to reimburse county registrars for the costs of postage
when the county registrars must send out new registration cards to voters as a
result of changes in municipal districts or precincts; to require that
registrars send a voter registration application to voters who are removed from
the electors list for moving to a new address in a different county and notify
the voter that the voter must reregister; to authorize certain counties to
establish polling places outside of the boundaries of a precinct to better serve
the needs of the voters; to authorize the printing on the ballots or ballot
labels of the address of candidates having the same or similar names; to provide
that no special or general election shall be held in a municipality where there
is no opposed candidate on the ballot unless more than one write-in candidate
has qualified; to provide that the Secretary of State may reexamine voting
machines, vote recorders, tabulating machines, optical scanning voting systems,
and direct electronic recording voting systems if it appears that such devices
cannot be safely or accurately used because of any problem concerning the
ability of the devices to accurately record or tabulate votes; to require
superintendents to certify to the Secretary of State prior to each primary or
election that all voting in the primary or election will take place on properly
certified voting equipment; to establish penalties for vendors selling
uncertified equipment and to provide for the State Election Board to impose such
penalties; to provide for the testing of voting equipment prior to special
primaries, special elections, and referendum elections; to authorize the
printing on the ballot of the residence addresses of candidates with similar
names under certain circumstances; to provide that municipal governing
authorities shall appoint absentee ballot clerks; to require that absentee
ballot applications distributed by persons, entities, or organizations shall
list all acceptable categories of absentee voters and require the voter to
select the category which qualifies the voter to vote by absentee ballot; to
provide that absentee ballot applications may be certified by the signature or
initials of the registrar or absentee ballot clerk; to change the form of the
voter´s certificate; to authorize the registrars to make such corrections
as necessary to the electors list; to provide for assistance to disabled or
illiterate voters in federal elections; to prohibit the use of cellular
telephones, electronic communication devices, and other photographic or
electronic recording devices at polling places under certain conditions; to
eliminate the inclusion of those persons who received assistance in voting on
the electors list; to raise the age of children accompanying voters in the
enclosed space from 12 to 18 years of age; to provide for when municipal
officers shall be sworn in under certain circumstances; to provide for related
matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Title 21 of the Official Code of Georgia Annotated, relating
to elections, is amended by striking Code Section 21-2-8, relating to the
eligibility for party nomination, public office, or performance of certain
official acts of persons convicted and sentenced for certain crimes, in its
entirety and inserting in lieu thereof a new Code Section 21-2-8 to read as
follows:
"21_2_8.
No
person shall be eligible for party nomination for or election to public office,
nor shall he or she perform any official acts or duties as a superintendent,
registrar, deputy registrar, poll officer, or party officer, as set forth in
this chapter, in connection with any election or primary held under this
chapter, if under the laws of this state, any other state, or the United States
he or she has been convicted and sentenced, in any court of competent
jurisdiction, for fraudulent violation of primary or election laws, malfeasance
in office, or felony involving moral turpitude, unless such person´s civil
rights have been restored and at least ten years have elapsed from the date
of the completion of the sentence without a subsequent conviction of another
felony involving moral turpitude. Additionally, the person shall not be holding
illegally any public funds. In the event of the disqualification of the
superintendent as described in this Code section, the clerk of the superior
court shall act in his or her stead. Notwithstanding the above, the governing
authority shall appoint an individual to serve as superintendent for municipal
elections or municipal primaries in the event of the disqualification of the
municipal superintendent, unless the municipality has contracted with a county
government for the provision of election services, in which event the clerk of
the superior court shall act in place of a disqualified
superintendent."
SECTION 2.
Said title is further amended by striking Code Section
21-2-50, relating to the powers and duties of the Secretary of State, and
inserting in lieu thereof a new Code Section 21_2_50 to read as
follows:
"21_2_50.
(a)
The Secretary of State shall exercise all the powers granted to the Secretary of
State by this chapter and shall perform all the duties imposed by this chapter,
which shall include the following:
(1) To determine
the forms of nomination petitions, ballots, and other forms the Secretary of
State is required to determine under this chapter;
(2) To receive registration statements from political
parties and bodies and to determine their sufficiency prior to filing, in
accordance with this chapter, and to settle any disputes concerning such
statements;
(3) To receive and determine the
sufficiency of nomination petitions of candidates filing notice of their
candidacy with the Secretary of State in accordance with this chapter;
(4) To certify to the proper superintendent official
lists of all the political party candidates who have been certified to the
Secretary of State as qualified candidates for the succeeding primary and to
certify to the proper superintendent official lists of all the candidates who
have filed their notices of candidacy with the Secretary of State, both such
certifications to be in substantially the form of the ballots to be used in the
primary or election. The Secretary of State shall add to such form the language
to be used in submitting any proposed constitutional amendment or other question
to be voted upon at such election;
(5) To furnish to
the proper superintendent all blank forms, including tally and return sheets,
numbered lists of voters, cards of instructions, notices of penalties,
instructions for marking ballots, tally sheets, precinct returns, recap sheets,
consolidated returns, oaths of managers and clerks, oaths of assisted electors,
voters certificates and binders, applications for absentee ballots, envelopes
and instruction sheets for absentee ballots, and such other supplies as the
Secretary of State shall deem necessary and advisable from time to time, for use
in all elections and primaries. Such forms shall have printed thereon
appropriate instructions for their use;
(6) To
receive from the superintendent the returns of primaries and elections and to
canvass and compute the votes cast for candidates and upon questions, as
required by this chapter;
(7) To furnish upon request
a certified copy of any document in the Secretary of State´s custody by
virtue of this chapter and to fix and charge a fee to cover the cost of
furnishing same;
(8) To perform such other duties as
may be prescribed by law;
(9) To determine and
approve the form of ballots for use in special elections;
(10) To prepare and provide a notice to all
candidates for federal or state office advising such candidates of such
information, to include requirements of this chapter, as may, in the discretion
of the Secretary of State, be conducive to the fair, legal, and orderly conduct
of primaries and elections. A copy of such notice shall be provided to each
superintendent for further distribution to candidates for county and militia
district offices;
(11) To conduct training sessions
at such places as the Secretary of State deems appropriate in each year, for the
training of registrars and superintendents of
elections;
(12) To prepare and publish, in the manner
provided in this chapter, all notices and advertisements in connection with the
conduct of elections which may be required by law;
(13) To prepare and furnish information for citizens
on voter registration and voting; and
(14) To
maintain the official list of registered voters for this state and the list of
inactive voters required by this chapter.
(b) As
the state´s chief election official, the Secretary of State shall not serve
in any fiduciary capacity for the campaign of any candidate whose election will
be certified by the Secretary of State. Nothing in this subsection shall
prohibit the Secretary of State from organizing and operating his or her own
campaign for election to public
office."
SECTION 3.
Said title is further amended by striking subsection (b) of
Code Section 21-2-70.1, relating to the eligibility of municipal
superintendents, in its entirety and inserting in lieu thereof a new
subsection (b) to read as
follows:
"(b)
The municipal superintendent shall be a person or committee selected in the
manner prescribed by the governing authority of the municipality with
compensation fixed and paid by the governing authority of the municipality from
municipal funds. The appointment shall be made in a public meeting and the
appointment shall be recorded in the minutes of said meeting. In the event that
a municipality fails to make an appointment, the city clerk shall serve as the
municipal superintendent. A parent, spouse, child, brother, sister,
father_in_law, mother_in_law, son_in_law, daughter_in_law, brother_in_law, or
sister_in_law of a candidate shall not be eligible to serve as a municipal
superintendent in any precinct election in which such
candidate´s name appears on the ballot in any primary or
election."
SECTION 4.
Said title is further amended by striking Code Section
21-2-99, relating to instruction of poll officers as to use of voting machines
or vote recorders, and inserting in lieu thereof a new Code Section 21-2-99 to
read as
follows:
"21_2_99.
(a)
The election superintendent shall provide adequate training to all poll officers
and poll workers regarding the use of voting equipment, voting procedures, all
aspects of state and federal law applicable to conducting elections, and the
poll officers´ or poll workers´ duties in connection therewith before
the first election in each election cycle. In precincts in which
voting machines or vote recorders are to be used, the superintendent, the
custodians appointed by him or her, or a qualified poll officer shall give
instructions regarding the use of the voting machines or vote recorders, and
regarding their duties in connection therewith, to all poll officers who are to
serve at the primary or election and who have not been previously instructed and
found qualified. Upon successful completion of such instruction, the
superintendent shall give to each poll officer and poll worker a
certificate to the effect that such poll officer person
has been found qualified to conduct such primary or election with the
particular type of voting machine or vote recorder
equipment in use in that jurisdiction. Additionally, the superintendent
shall notify the Secretary of State on forms to be provided by the Secretary of
State of the date when such instruction was held and the number of persons
attending and completing such instruction. For the purpose of giving such
instructions, the superintendent shall call such meeting or meetings of poll
officers and poll workers as shall be necessary. Each poll officer shall,
upon notice, attend such meeting or meetings called for his or her instruction
and receive such instructions as shall be necessary for the proper
conduct of the primary or election with voting machines or vote
recorders.
(b) No poll officer or
poll worker shall serve at any primary or election at which a voting
machine or vote recorder is used unless he or she shall have received
such instructions, as described in subsection (a) of this
Code Section; shall have been found qualified to perform his or her duties
in connection with the machine or recorder, type of voting
equipment to be used in that jurisdiction; and shall have received a
certificate to that effect from the superintendent; provided, however, that this
shall not prevent the appointment of a poll officer or poll worker to
fill a vacancy arising on the day of a primary or election or on the
preceding day."
SECTION 5.
Said title is further amended by striking subsection (a) of
Code Section 21-2-100, relating to training of local election officials, in its
entirety and inserting in lieu thereof a new subsection (a) to read as
follows:
"(a)
The election superintendent and at least one registrar of the county or
municipality or, in counties with boards of election or combined boards
of election and registration, at least one member of the board or a designee of
the board shall attend a minimum of 12 hours´ training
biennially annually as may be selected by the Secretary
of State. The election superintendent and at least one registrar of each
municipality shall attend a minimum of 12 hours´ training biennially as may
be selected by the Secretary of
State."
SECTION 6.
Said title is further amended by striking subsection (a) of
Code Section 21-2-111, relating to establishment of state and county executive
committees, in its entirety and inserting in lieu thereof a new subsection (a)
to read as
follows:
"(a)
Each political party shall establish and maintain a state executive committee
exercising state_wide jurisdiction and control over party affairs and a county
executive committee in each county in which it holds a primary, exercising
county_wide jurisdiction and control over party affairs. A party may establish
and maintain such other committees as it may from time to time deem advisable.
The membership of such committees shall be selected in the manner determined by
the state executive committee. Each committee shall be presided over by a
chairperson and shall have a secretary and such other officers as deemed
advisable, and a list of all such committees shall be filed with the
appropriate election official for the state or county. The state executive
committee shall have the same power over municipal party executive committees as
it has over county party executive
committees."
SECTION 7.
Said title is further amended by striking subsections (a)
and (c) of Code Section 21_2_131, relating to the fixing and publishing of
qualifying fees, in their entirety and inserting in lieu thereof new
subsections (a) and (c) to read as
follows:
"(a)
Qualification fees for party and public offices shall be fixed and published as
follows:
(1) The governing authority of any county or
municipality, not later than February 1 of any year in which a general primary,
nonpartisan primary, or general election is to be held, and at least
20 35 days prior to the special primary or election in
the case of a special primary or special election, shall fix and publish a
qualifying fee for each county or municipal office to be filled in the upcoming
primary or election. Such fee shall be 3 percent of the total gross salary of
the office paid in the preceding calendar year including all supplements
authorized by law if a salaried office; provided, however, that for the offices
of clerk of the superior court, judge of the probate court, sheriff, tax
commissioner, and magistrate, the qualifying fee shall be 3 percent of the
minimum salary provided by general law for the office, exclusive of
cost_of_living increases and longevity increases. If not a salaried office, a
reasonable fee shall be set by the governing authority of such county or
municipality, such fee not to exceed 3 percent of the income derived from such
county office by the person holding the office for the preceding year or more
than $35.00 for a municipal office;
(2) Within the
same time limitation as provided in paragraph (1) of this subsection, the
Secretary of State shall fix and publish a qualifying fee for any candidate
qualifying by this method with a state political party and for any candidate
qualifying with the Secretary of State for a nonpartisan primary and for any
candidate filing with the Secretary of State his or her notice of candidacy for
a general or special election. Such fee shall be 3 percent of the annual salary
of the office if a salaried office, except that the fee for members of the
General Assembly shall be $400.00. If not a salaried office, a reasonable fee
shall be set by the Secretary of State, such fee not to exceed 3 percent of the
income derived from such office by the person holding the office for the
preceding year;
(3) A reasonable qualifying fee may
be set according to party rule for each political party office to be filled in a
primary. Such fees shall be set and published by the county or state political
party not later than February 1 of the year in which the primary is to be held
for the filling of such party
office."
"(c)
Qualifying fees shall be prorated and distributed as follows:
(1) Fees paid to the county political party: 50
percent to be retained by the county political party with which the candidate
qualified; 50 percent to be transmitted to the superintendent of the county with
the party´s certified list of candidates not later than 12:00 Noon of the
third day after the deadline for qualifying in the case of a general primary and
by 12:00 Noon of the day following the closing of qualifications in the case of
a special primary. Such fees shall be transmitted as soon as practicable by the
superintendent to the governing authority of the county, to be applied toward
the cost of the primary and election;
(2) Fees paid
to the state political party: 75 percent to be retained by the state political
party; 25 percent to be transmitted to the Secretary of State with the
party´s certified list of candidates not later than 12:00 Noon of the third
day after the deadline for qualifying in the case of a general primary and by
12:00 Noon of the day following the closing of qualifications in the case of a
special primary. Such fees shall be transmitted as soon as practicable by the
Secretary of State as follows: one_third to the state treasury and two_thirds
divided among the governing authorities of the counties in the candidate´s
district in proportion to the population of each such county according to the
last United States decennial census, such fees to be applied to the cost of
holding the election;
(3) Qualification fees paid to
the superintendent of the county:
(A) If the person
qualifies as a candidate of a political body, 50 percent shall be transmitted to
the state executive committee of the appropriate political body and 50 percent
shall be retained by the superintendent of the county;
and
(B) If the person qualifies
directly with the election superintendent as a candidate of a political party in
accordance with subsection (c) of Code Section 21-2-153, 25 percent shall be
transmitted to the state executive committee of the appropriate political party
and 75 percent shall be retained by the superintendent of the county;
and
(B) (C) If the person
qualifies as an independent or nonpartisan candidate, the superintendent of the
county shall retain the entire amount of the fees.
Such fees shall be transmitted as soon as practicable
by the superintendent to the governing authority of the county, to be applied
toward the cost of holding the election;
(4)
Qualification fees paid to the Secretary of State shall be prorated and
distributed as follows:
(A) If the person qualifies
as the candidate of a political body, 75 percent shall be transmitted to the
appropriate political body and 25 percent shall be retained by the Secretary of
State; and
(B) If the person qualifies as an
independent or nonpartisan candidate, the Secretary of State shall retain the
entire amount of the fees.
Such fees shall be
transmitted as soon as practicable by the Secretary of State as follows:
one_third to the state treasury and two_thirds divided among the governing
authorities of the counties in proportion to the population of each county
according to the last United States decennial census, such fees to be applied to
the cost of holding the election;
(5) Qualification
fees paid to the superintendent of a municipality:
(A) If the person qualifies as a candidate of a
political body, 50 percent shall be transmitted to the state executive committee
of the appropriate political body and 50 percent shall be retained by the
superintendent of the municipality; and
(B) If the
person qualifies as an independent or nonpartisan candidate, the superintendent
of the municipality shall retain the entire amount of the fees.
Such fees shall be transmitted as soon as practicable
by the superintendent to the governing authority of the municipality, to be
applied toward the cost of holding the
election."
SECTION 8.
Said title is further amended by striking Code Section
21-2-136, relating to restriction on number of offices for which an individual
may be nominated or be a candidate at any one election, in its entirety and
inserting in lieu thereof a new Code Section 21-2-136 to read as
follows:
"21_2_136.
No
person shall be nominated, nor shall any person be a candidate in a primary,
election, or special election, for more than one of the following public offices
to be filled at any one election or special election: Governor, Lieutenant
Governor, Secretary of State, Attorney General, State School Superintendent,
Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor,
United States senator or representative in Congress, Public Service
Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals,
members of the Senate and House of Representatives of the General Assembly,
judge of superior court, district attorney, any elected county officer,
and any elected municipal
officer."
SECTION 9.
Said title is further amended by striking subsections (c)
and (d) of Code Section 21-2-153, relating to the qualification of candidates
for party nomination in a state or county primary, in their entirety and
inserting in lieu thereof a new subsections (c) and (d) to read as
follows:
"(c)(1)
In the case of a general state or county primary, the candidates or their agents
shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately
prior to the state or county primary and shall cease qualifying at 12:00 Noon on
the Friday following the fourth Monday in April, notwithstanding the fact that
any such days may be legal holidays. In the case of a special primary, the
candidate shall qualify no earlier than the date of the call for the special
primary and no later than 25 days prior to the date of such primary, and such
qualifying period shall be open for a minimum of two and one_half
days.
(2) If a political party has not
designated at least 14 days prior to the beginning of qualifying a party
official in a county with whom the candidates of such party for county elective
offices shall qualify, the election superintendent of the county shall qualify
candidates on behalf of such party. The election superintendent shall give
notice in the legal organ of the county at least three days before the beginning
of qualifying giving the dates, times, and location for qualifying candidates on
behalf of such political party.
(d)(1) Within two
hours after the qualifications have ceased, the county executive committee of
each political party shall post at the county courthouse a list of all
candidates who have qualified with such executive committee, and the state
executive committee of each political party shall post a list of all candidates
who have qualified with such committee at the courthouse of the county in which
such executive committee´s office is located. If the election
superintendent qualifies the candidates for a political party in accordance with
subsection (c) of this Code section, the election superintendent shall post at
the county courthouse a list of all the candidates who have qualified with such
superintendent for such political party.
(2) Except
as otherwise provided in Code Section 21_2_154, it shall be unlawful for any
person to add or remove any candidates from either of the lists provided for in
paragraph (1) of this subsection following the posting of such lists unless such
candidates have died, withdrawn, or been disqualified. Any person who violates
this paragraph shall be guilty of a
misdemeanor."
SECTION 10.
Said title is further amended by striking subsection (a) of
Code Section 21-2-153.1, relating to the qualification of candidates for party
nomination in a municipal primary, in its entirety and inserting in lieu thereof
a new subsection (a) to read as
follows:
"(a)
Unless otherwise provided by law, all candidates for party nomination in a
municipal primary shall qualify as such candidates in accordance with the rules
of their party. In the case of a general municipal primary, the candidates, or
their agents, shall qualify at least 15 but not more than 45 days prior to the
date of such primary, and such qualifying period shall be open for a minimum
of two and one-half days. In the case of a special municipal primary, the
candidates, or their agents, shall qualify at least ten but not more than 30
days prior to the date of such primary, and such qualifying period shall be
open for a minimum of two and one-half days. The executive committee or
other rule_making body of the party shall fix the qualifying date within the
limitations provided in this Code
section."
SECTION 11.
Said title is further amended by striking subsection (a) of
Code Section 21-2-154, relating to the certification of political party
candidates, in its entirety and inserting in lieu thereof a new subsection (a)
to read as
follows:
"(a)
At or before 12:00 Noon on the third day after the deadline for qualifying, the
county executive committee of each political party shall certify to the
superintendent and the state executive committee of each political party shall
certify to the Secretary of State, on forms prescribed by the Secretary of
State, all those candidates who have qualified with such committee for the
succeeding primary election. Such certification shall be accompanied by the
appropriate amount of the qualifying fees paid by such candidates as prescribed
in paragraph (1) or (2) of subsection (c) of Code Section 21_2_131 and a copy
of the declaration of candidacy and affidavit of each such candidate. Such
certification shall not be accepted if the political party has not registered
with the Secretary of State as required in Article 3 of this chapter. When
the election superintendent qualifies candidates on behalf of a political party
pursuant to subsection (c) of Code Section 21-2-153, the election superintendent
shall certify at or before 12:00 Noon on the third day after the deadline for
qualifying, on forms provided by the Secretary of State, all those candidates of
such political party who qualified with the election
superintendent."
SECTION 12.
Said title is further amended by striking subsection (c) of
Code Section 21-2-170, relating to the nomination of candidates by petition, in
its entirety and inserting in lieu thereof a new subsection (c) to read as
follows:
"(c)
Each person signing a nomination petition shall declare therein that he or she
is a duly qualified and registered elector of the state, county, or municipality
entitled to vote in the next election for the filling of the office sought by
the candidate supported by the petition and shall add to his or her signature
his or her residence address, giving municipality, if any, and county, with
street and number, if any, and be urged to add the person´s date of
birth which shall be used for verification purposes. No person shall sign
the same petition more than once. Each petition shall support the candidacy of
only a single candidate, except any political body seeking to have the names of
its candidates for the offices of presidential electors placed upon the ballot
through nomination petitions shall not compile a separate petition for each
candidate for such office, but such political body shall compile its petitions
so that the entire slate of candidates of such body for such office shall be
listed together on the same petition. A signature shall be stricken from the
petition when the signer so requests prior to the presentation of the petition
to the appropriate officer for filing, but such a request shall be disregarded
if made after such
presentation."
SECTION 13.
Said title is further amended by striking subsection (a) of
Code Section 21-2-214, relating to the qualifications of registrars and deputy
registrars, in its entirety and inserting in lieu thereof a new subsection (a)
to read as
follows:
"(a)
Registrars and deputy registrars shall be electors of the state
county or municipality in which they are appointed and shall be
able to read, write, and speak the English language. Registrars and deputy
registrars shall have never been convicted of a felony or of any crime involving
fraud or moral turpitude, and the appointing authority shall be authorized to
investigate the applicant´s criminal history before making such
appointment."
SECTION 14.
Said title is further amended by striking subsection (g) of
Code Section 21-2-215, relating to the main office of board of registrars, in
its entirety and inserting in lieu thereof a new subsection (g) to read as
follows:
"(g)
Each principal or assistant principal of every public or private high school,
the president of every public or private college or university, the president of
each state supported technical institute in this state, and the designee of such
principal, assistant principal, college or university president, or state
supported technical institute president shall be a deputy registrar of the
county in which the school, college, university, or institute is located for the
purpose of receiving voter registration applications from those qualified
applicants who are enrolled students within the principal´s school or the
president´s college, university, or institute or who are employed by the
private high school, the school system, the college or university, or the state
supported technical institute, notwithstanding the fact that such students or
employees are not residents of the county in which the school, college,
university, or institute is located. Such principals, assistant principals,
presidents, and their designees shall inform their students and employees of the
availability of such voter registration and shall provide reasonable and
convenient procedures to enable such persons who are qualified applicants to
register. The principal of each public or private high school, the president of
each public or private college or university, and the president of each state
supported technical institute are authorized to invite other deputy registrars
to the school, college, university, or institute for the purpose of conducting
voter registration. All such deputy registrars authorized by this subsection
shall receive annual training by the board of registrars of the county in which
such deputy registrar shall
work."
SECTION 15.
Said title is further amended by striking subsection (a) of
Code Section 21-2-219, relating to voter registration cards, in its entirety and
inserting in lieu thereof a new subsection (a) to read as
follows:
"(a)
The registration cards for use by persons in making application to register to
vote shall be in a form as specified by the Secretary of State, which shall
include printed forms, forms made available through electronic means, or
otherwise. Except as provided in subsection (b) of this Code section, only
registration cards issued or authorized for use by the Secretary of State or the
national voter registration card promulgated by the Federal Election Commission
under the provisions of the National Voter Registration Act of 1993, 42 U.S.C.
Section 1973gg_7, shall be accepted for purposes of voter
registration."
SECTION 16.
Said title is further amended by adding a new subsection (e)
to Code Section 21-2-220, relating to application for voter registration, to
read as
follows:
"(e)
A person registering to vote who is disabled or illiterate may request
assistance from any other person in completing the form for registration, but
the person offering assistance shall sign the voter registration form in the
space provided to identify the person offering
assistance."
SECTION 17.
Said title is further amended by striking subsection (i) of
Code Section 21-2-222, relating to designated voter registration agencies and
offices, in its entirety and inserting in lieu thereof a new subsection (i) to
read as
follows:
"(i)
Each office shall transmit the completed voter registration application forms to
the Secretary of State at least once per week, except that, during the 15
days leading up to a registration deadline for a primary or election, such
applications shall be transmitted to the Secretary of State at the
conclusion of each business day. The Secretary of State shall forward the
applications to the appropriate county board of registrars to determine the
eligibility of the applicant and, if found eligible, to add the applicant´s
name to the list of electors and to place the applicant in the correct precinct
and voting
districts."
SECTION 18.
Said title is further amended by adding a new subsection (g)
to Code Section 21-2-226, relating to the duties of the county board in
determining eligibility of voters, to read as
follows:
"(g)
In the event that the registrars of a county, serving as registrars for a
municipality, are required to issue voters in a municipality new cards under
subsection (e) of this Code section due to changes in municipal districts
or precincts, the municipality shall reimburse the county registrars for the
cost of postage in mailing such cards to the
voters."
SECTION 19.
Said title is further amended by striking Code Section
21-2-233, relating to the comparison of change of address information supplied
by United States Postal Service with electors list, in its entirety and
inserting in lieu thereof a new Code Section 21-2-233 to read as
follows:
"21_2_233.
(a)
The Secretary of State is authorized to cause at his or her discretion the
official list of electors to be compared to the change of address information
supplied by the United States Postal Service through its licensees periodically,
but not more often than once each year, for the purpose of identifying those
electors whose addresses have changed.
(b) If it
appears from the change of address information supplied by the licensees of the
United States Postal Service that an elector whose name appears on the official
list of electors has moved to a different address in the county in which the
elector is presently registered, the list of electors shall be changed to
reflect the new address and the elector shall be sent a notice of the change by
forwardable mail at both the old address and the new address with a postage
prepaid, preaddressed return form by which the elector may verify or correct the
address information.
(c) If it appears from the
change of address information supplied by the licensees of the United States
Postal Service that an elector whose name appears on the official list of
electors has moved to a different address outside of the boundaries of the
county or municipality in which the elector is presently registered, such
elector shall be sent a confirmation notice as provided in Code Section 21_2_234
at both the old and new addresses. If the elector confirms the change of address
to an address outside of the boundaries of the county or municipality in which
the elector is presently registered, the elector´s name shall be removed
from the appropriate list of electors. If the elector responds to the notice and
affirms that the elector has not moved, the elector shall remain on the list of
electors at the elector´s current address. If the elector fails to respond
to the notice within 30 days after the date of the notice, the elector shall be
transferred to the inactive list provided for in Code Section 21_2_235.
(d) Whenever an elector´s name is removed
from the list of electors by the county registrars because the elector has
furnished in writing to the registrar a residence address that is located
outside of the elector´s present county of registration, the registrars
shall notify the elector in writing at the elector´s new address that the
elector´s name is being deleted from the list of electors for that county
and that the elector must reregister in the new county of residence in order to
be eligible to vote. The registrars shall provide the person with the
appropriate form for registration at the time of such
notice.
(d)(e) Nothing in
this Code section shall prevent the removal from the list of electors of an
elector for ineligibility to
vote."
SECTION 20.
Said title is further amended by striking subsection (e) of
Code Section 21-2-265, relating to the duty of superintendents to fix polling
places, in its entirety and inserting in lieu thereof a new subsection (e) to
read as
follows:
"(e)
Notwithstanding any other provision of law to the contrary, for the 1996
general primary, in counties with a population of 400,000 or more persons
according to the United States decennial census of 1990 or any future such
census, the The superintendent may establish the polling place
for a precinct outside the boundaries of the precinct if there is no suitable
facility within the precinct which could be used as a polling place and if,
by so doing, such polling place would better serve the needs of the voters
for that
primary."
SECTION 21.
Said title is further amended by striking Code Section
21-2-291, relating to procedure as to unopposed candidates, in its entirety and
inserting in lieu thereof a new Code Section 21_2_291 to read as
follows:
"21_2_291.
Any
other provision of law to the contrary notwithstanding, in the event there is no
opposed candidate in a precinct in a special or general election, no special or
general election shall be held in such precinct unless a
more than one write_in candidate has qualified as provided by law or
unless there are issues to be submitted to the electorate. Each such unopposed
candidate shall be deemed to have voted for himself or herself. Where feasible,
the superintendent shall provide notice reasonably calculated to inform the
affected electorate that no special or general election is to be conducted. The
superintendent shall certify such unopposed candidate as elected in the same
manner as he or she certifies other candidates as elected pursuant to Code
Section 21_2_493."
SECTION 22.
Said title is further amended by striking Code Section
21-2-324, relating to the examination and approval of voting machines by
Secretary of State, in its entirety and inserting in lieu thereof a new Code
Section 21-2-324 to read as
follows:
"21_2_324.
(a)
Any person or organization owning, manufacturing, or selling, or being
interested in the manufacture or sale of, any voting machine may request the
Secretary of State to examine the machine. Any ten or more electors of this
state may, at any time, request the Secretary of State to reexamine any voting
machine previously examined and approved by him or her. Before any such
examination or reexamination, the person, persons, or organization requesting
such examination or reexamination shall pay to the Secretary of State the
reasonable expenses of such examination; provided, however, that in the case of
a request by ten or more electors the examination fee shall be $250.00. The
Secretary of State may, at any time, in his or her discretion, reexamine any
voting machine.
(b) The Secretary of State shall
thereupon require such machine to be examined or reexamined by three examiners
whom he or she shall appoint for the purpose, of whom one shall be an expert in
patent law and the other two shall be experts in mechanics, and shall require of
them a written report on such machine, attested by their signatures; and the
Secretary of State shall examine the machine and shall make and file, together
with the reports of the appointed examiners, his or her own report, attested by
his or her signature and the seal of his or her office, stating whether, in his
or her opinion and in consideration of the reports of the examiners aforesaid,
the kind of machine so examined can be safely and accurately used by
electors at primaries and elections as provided in this chapter. If his or her
report states that the machine can be so used, the machine shall be deemed
approved; and machines of its kind may be adopted for use at primaries and
elections as provided in this chapter.
(c) No kind
of voting machine not so approved shall be used at any primary or election and
if, upon the reexamination of any voting machine previously approved, it shall
appear that the machine so reexamined can no longer be safely or
accurately used by electors at primaries or elections as provided in this
chapter because of a substantial defect in design any
problem concerning its ability to accurately record or tabulate votes, the
approval of the same shall immediately be revoked by the Secretary of State; and
no such voting machine shall thereafter be purchased for use or be used in this
state.
(d) At least ten days prior to any primary
or election, including special primaries, special elections, and referendum
elections, the election superintendent shall verify and certify in writing to
the Secretary of State that all voting will occur on equipment certified by the
Secretary of State.
(e) Any vendor who
completes a sale of voting machines that have not been certified by the
Secretary of State to a governmental body in this state shall be subject to a
penalty of $100,000.00, payable to the State of Georgia, plus reimbursement of
all costs and expenses incurred by the governmental body in connection with the
sale. The State Election Board shall have authority to impose such penalty upon
a finding that such a sale has
occurred.
(d)(f) When a
machine has been so approved, no improvement or change that does not impair its
accuracy, efficiency, or capacity shall render necessary a reexamination or
reapproval of the machine or of its kind.
(e)(g) Neither the Secretary
of State, nor any examiner appointed by him or her for the purpose prescribed by
this Code section, nor any superintendent, nor the governing authority of any
county or municipality or a member of such authority, nor any other person
involved in the examination process shall have any pecuniary interest in any
voting machine or in the manufacture or sale thereof.
(f)(h) The compensation of
each examiner appointed under this Code section shall be fixed and paid by the
Secretary of
State."
SECTION 23.
Said title is further amended by inserting a new Code
Section 21-2-325.1 to read as
follows:
"21-2-325.1.
If
two or more candidates for the same nomination or office shall have the same or
similar names, the Secretary of State, in the case of federal or state offices,
the superintendent of elections, in the case of county offices, or the official
with whom such candidates qualify, in the case of municipal elections, shall
print or cause to be printed the residence of all candidates for such nomination
or office on the ballot labels under their names. The designated official shall
determine whether the names of the candidates are of such a similar nature as to
warrant printing the residence of all candidates for that office on the ballot
labels; and the decision of the designated official shall be
conclusive."
SECTION 24.
Said title is further amended by striking subsection (c) of
Code Section 21-2-327, relating to preparation of voting machines, in its
entirety and inserting in lieu thereof a new subsection (c) to read as
follows:
"(c)
On or before the twelfth day preceding a primary or election, including
special primaries, special elections, and referendum elections, the
superintendent shall mail to the foreperson of the grand jury, the chairperson
of the county executive committee of each political party which shall be
entitled under existing laws to participate in primaries within the county, and
to the chairperson or presiding officer of any organization of citizens within
the county having as its purpose or among its purposes the investigation or
prosecution of primary and election frauds, which has registered its name and
address and the names of its principal officers with the superintendent at least
30 days before such primary or election, and, in the case of an election, to the
appropriate committee of each political body which shall be entitled to have the
names of its candidates entered on the voting machines, and to each independent
candidate who shall be entitled to have his or her name printed on the voting
machines, a written notice stating the times when and the place or places where
preparation of the machines for use in the several precincts in the county will
be started. The grand jury shall appoint a committee, consisting of three of its
members, which shall inspect the machines and see that the machines are properly
prepared and are placed in proper condition and order for use. In the event the
committee of the grand jury fails to be present, the superintendent shall
immediately appoint a panel consisting of three electors to perform the duties
of the committee of the grand jury set forth in this Code section. Further, one
representative of each political party or body, certified by the chairperson of
such political party or body, and one representative of each aforementioned
organization of citizens, certified by the chairperson or presiding officer of
such organization, and any such independent candidate or his or her certified
agent shall be entitled to be present during the preparation of the machines and
to see that the machines are properly prepared and are placed in proper
condition and order for use. Such committee of the grand jury, representatives,
or candidates shall not, however, interfere with the preparation of the
machines; and the superintendent may make such reasonable rules and regulations
concerning the conduct of such representatives and
candidates."
SECTION 25.
Said title is further amended by striking Code Section
21-2-353, relating to examination and approval of vote recorders and tabulating
machines by Secretary of State, in its entirety and inserting in lieu thereof a
new Code Section 21-2-353 to read as
follows:
"21_2_353.
(a)
Any person or organization owning, manufacturing, or selling, or being
interested in the manufacture or sale of, any vote recorder or tabulating
machine may request the Secretary of State to examine the vote recorder or
tabulating machine. Any ten or more electors of this state may, at any time,
request the Secretary of State to reexamine any vote recorder or tabulating
machine previously examined and approved by him or her. Before any such
examination or reexamination, the person, persons, or organization requesting
such examination or reexamination shall pay to the Secretary of State the
reasonable expenses of such examination. The Secretary of State may, at any
time, in his or her discretion, reexamine any vote recorder or tabulating
machine.
(b) The Secretary of State shall thereupon
examine or reexamine such vote recorder or tabulating machine and shall make and
file in his or her office a report, attested by his or her signature and the
seal of his or her office, stating whether, in his or her opinion, the kind of
vote recorder or tabulating machine so examined can be safely and
accurately used by electors at primaries and elections as provided in this
chapter. If this report states that the vote recorder or tabulating machine can
be so used, the recorder or tabulating machine shall be deemed approved; and
vote recorders and tabulating machines of its kind may be adopted for use at
primaries and elections as provided in this chapter.
(c) No kind of vote recorder or tabulating machine
not so approved shall be used at any primary or election and if, upon the
reexamination of any vote recorder or tabulating machine previously approved, it
shall appear that the vote recorder or tabulating machine so reexamined can no
longer be safely or accurately used by electors at primaries or elections
as provided in this chapter because of any problem concerning its ability to
accurately record or tabulate votes, the approval of the same shall
immediately be revoked by the Secretary of State; and no such vote recorder or
tabulating machine shall thereafter be purchased for use or be used in this
state.
(d) At least ten days prior to any primary
or election, including special primaries, special elections, and referendum
elections, the election superintendent shall verify and certify in writing to
the Secretary of State that all voting will occur on equipment certified by the
Secretary of State.
(e) Any vendor who
completes a sale of vote recorders or tabulating machines that have not been
certified by the Secretary of State to a governmental body in this state shall
be subject to a penalty of $100,000.00, payable to the State of Georgia, plus
reimbursement of all costs and expenses incurred by the governmental body in
connection with the sale. The State Election Board shall have authority to
impose such penalty upon a finding that such a sale has
occurred.
(d)(f) When a
vote recorder or tabulating machine has been so approved, no improvement or
change that does not impair its accuracy, efficiency, or capacity shall render
necessary a reexamination or reapproval of the vote recorder or tabulating
machine, or of its kind.
(e)(g) Neither the Secretary
of State, nor any custodian, nor the governing authority of any county or
municipality or a member of such authority nor any other person involved in the
examination process shall have any pecuniary interest in any vote recorder or
tabulating machine or in the manufacture or sale thereof.
(f)(h) The compensation of
each examiner appointed under this Code section shall be fixed and paid by the
Secretary of
State."
SECTION 26.
Said title is further amended by inserting a new Code
Section 21-2-354.1 to read as
follows:
"21-2-354.1.
If
two or more candidates for the same nomination or office shall have the same or
similar names, the Secretary of State, in the case of federal or state offices,
the superintendent of elections, in the case of county offices, or the official
with whom such candidates qualify, in the case of municipal elections, shall
print or cause to be printed the residence of all candidates for such nomination
or office on the ballot labels under their names. The designated official shall
determine whether the names of the candidates are of such a similar nature as to
warrant printing the residence of all candidates for that office on the ballot
labels; and the decision of the designated official shall be
conclusive."
SECTION 27.
Said title is further amended by striking subsection (c) of
Code Section 21-2-359, relating to the preparation of vote recorders, in its
entirety and inserting in lieu thereof a new subsection (c) to read as
follows:
"(c)
On or before the third day preceding a primary or election, including special
primaries, special elections, and referendum elections, the superintendent
shall have the tabulating machines tested to ascertain that they will correctly
count the votes cast for all offices and on all questions. Public notice of the
time and place of the test shall be made at least five days prior thereto.
Representatives of political parties and bodies, candidates, news media, and the
public shall be permitted to observe such tests. The test shall be conducted by
processing a preaudited group of ballot cards so punched or marked as to record
a predetermined number of valid votes for each candidate and on each question
and shall include for each office one or more ballot cards which have votes in
excess of the number allowed by law in order to test the ability of the
tabulating machine to reject such votes. The tabulating machine shall not be
approved unless it produces an errorless count. If any error is detected, the
cause therefor shall be ascertained and corrected; and an errorless count shall
be made before the machine is approved. The same test shall be repeated
immediately before the start of the official count of the ballot cards and at
the conclusion of such count. The superintendent or custodian shall also prepare
the vote recorders for voting at the various polling places to be used in the
primary or election. In preparing the vote recorders, he or she shall arrange
the recorders and the ballot labels so that they meet all requirements of voting
and counting at such primary or election, thoroughly inspect and test the vote
recorders, and file a certificate in the office of the superintendent of the
county or the city clerk of the municipality that the recorders are in proper
order with correct ballot
labels."
SECTION 28.
Said title is further amended by striking Code Section
21-2-368, relating to review of optical scanning voting systems by Secretary of
State, in its entirety and inserting in lieu thereof a new Code Section 21-2-368
to read as
follows:
"21_2_368.
(a)
Any person or organization owning, manufacturing, or selling, or being
interested in the manufacture or sale of, any optical scanning voting system may
request the Secretary of State to examine the optical scanning voting system.
Any ten or more electors of this state may, at any time, request the Secretary
of State to reexamine any optical scanning voting system previously examined and
approved by him or her. Before any such examination or reexamination, the
person, persons, or organization requesting such examination or reexamination
shall pay to the Secretary of State the reasonable expenses of such examination.
The Secretary of State may, at any time, in his or her discretion, reexamine any
optical scanning voting system.
(b) The Secretary of
State shall thereupon examine or reexamine such optical scanning voting system
and shall make and file in his or her office a report, attested by his or her
signature and the seal of his or her office, stating whether, in his or her
opinion, the kind of optical scanning voting system so examined can be safely
and accurately used by electors at primaries and elections as provided in
this chapter. If this report states that the optical scanning voting system can
be so used, the optical scanning voting system shall be deemed approved; and
optical scanning voting systems of its kind may be adopted for use at primaries
and elections as provided in this chapter.
(c) No
kind of optical scanning voting system not so approved shall be used at any
primary or election and if, upon the reexamination of any optical scanning
voting system previously approved, it shall appear that the optical scanning
voting system so reexamined can no longer be safely or accurately used by
electors at primaries or elections as provided in this chapter because of any
problem concerning its ability to accurately record or tabulate votes, the
approval of the same shall immediately be revoked by the Secretary of State; and
no such optical scanning voting system shall thereafter be purchased for use or
be used in this state.
(d) At least ten days prior
to any primary or election, including special primaries, special elections, and
referendum elections, the election superintendent shall verify and certify in
writing to the Secretary of State that all voting will occur on equipment
certified by the Secretary of State.
(e) Any
vendor who completes a sale of optical scanning voting system that has not been
certified by the Secretary of State to a governmental body in this state shall
be subject to a penalty of $100,000.00, payable to the State of Georgia, plus
reimbursement of all costs and expenses incurred by the governmental body in
connection with the sale. The State Election Board shall have authority to
impose such penalty upon a finding that such a sale has
occurred.
(d)(f) When an
optical scanning voting system has been so approved, no improvement or change
that does not impair its accuracy, efficiency, or capacity shall render
necessary a reexamination or reapproval of the optical scanning voting system,
or of its kind.
(e)(g)
Neither the Secretary of State, nor any custodian, nor the governing authority
of any county or municipality or a member of such authority nor any other person
involved in the examination process shall have any pecuniary interest in any
optical scanning voting system or in the manufacture or sale
thereof."
SECTION 29.
Said title is further amended by inserting a new Code
Section 21-2-369.1 to read as
follows:
"21-2-369.1.
If
two or more candidates for the same nomination or office shall have the same or
similar names, the Secretary of State, in the case of federal or state offices,
the superintendent of elections, in the case of county offices, or the official
with whom such candidates qualify, in the case of municipal elections, shall
print or cause to be printed the residence of all candidates for such nomination
or office on the ballot under their names. The designated official shall
determine whether the names of the candidates are of such a similar nature as to
warrant printing the residence of all candidates for that office on the ballot;
and the decision of the designated official shall be
conclusive."
SECTION 30.
Said title is further amended by striking subsection (b) of
Code Section 21-2-374, relating to proper programming of optical scanning voting
systems, in its entirety and inserting in lieu thereof a new subsection (b) to
read as
follows:
"(b)
On or before the third day preceding a primary or election, including special
primaries, special elections, and referendum elections, the superintendent
shall have the optical scanning tabulators tested to ascertain that they will
correctly count the votes cast for all offices and on all questions. Public
notice of the time and place of the test shall be made at least five days prior
thereto. Representatives of political parties and bodies, candidates, news
media, and the public shall be permitted to observe such tests. The test shall
be conducted by processing a preaudited group of ballots so marked as to record
a predetermined number of valid votes for each candidate and on each question
and shall include for each office one or more ballots which are improperly
marked and one or more ballots which have votes in excess of the number allowed
by law in order to test the ability of the optical scanning tabulator to reject
such votes. The optical scanning tabulator shall not be approved unless it
produces an errorless count. If any error is detected, the cause therefor shall
be ascertained and corrected; and an errorless count shall be made before the
tabulator is approved. The superintendent shall cause the pretested tabulators
to be placed at the various polling places to be used in the primary or
election. The superintendent shall require that each optical scanning tabulator
be thoroughly tested and inspected prior to each primary and election in which
it is used and shall keep such tested material as certification of an errorless
count on each tabulator. In counties using central count optical scanning
tabulators, the same test shall be repeated immediately before the start of the
official count of the ballots and at the conclusion of such count. Precinct
tabulators shall produce a zero tape prior to any ballots being inserted on the
day of any primary or
election."
SECTION 31.
Said title is further amended by striking Code Section
21-2-379.2, relating to review of manufacturer´s electronic voting system
by Secretary of State, in its entirety and inserting in lieu thereof a new Code
Section 21-2-379.2 to read as
follows:
"21_2_379.2.
(a)
Any person or organization owning, manufacturing, or selling, or being
interested in the manufacture or sale of, any direct electronic recording voting
system may request the Secretary of State to examine the system. Any ten or more
electors of this state may, at any time, request the Secretary of State to
reexamine any such system previously examined and approved by him or her. Before
any such examination or reexamination, the person, persons, or organization
requesting such examination or reexamination shall pay to the Secretary of State
the reasonable expenses of such examination. The Secretary of State may, at any
time, in his or her discretion, reexamine any such system.
(b) The Secretary of State shall thereupon examine or
reexamine such direct electronic recording voting system and shall make and file
in his or her office a report, attested by his or her signature and the seal of
his or her office, stating whether, in his or her opinion, the kind of system so
examined can be safely and accurately used by electors at primaries and
elections as provided in this chapter. If this report states that the system can
be so used, the system shall be deemed approved; and systems of its kind may be
adopted for use at primaries and elections as provided in this chapter.
(c) No kind of direct electronic recording voting
system not so approved shall be used at any primary or election and if, upon the
reexamination of any such system previously approved, it shall appear that the
system so reexamined can no longer be safely or accurately used by
electors at primaries or elections as provided in this chapter because of any
problem concerning its ability to accurately record or tabulate votes, the
approval of the same shall immediately be revoked by the Secretary of State; and
no such system shall thereafter be purchased for use or be used in this state.
(d) At least ten days prior to any primary or
election, including special primaries, special elections, and referendum
elections, the election superintendent shall verify and certify in writing to
the Secretary of State that all voting will occur on equipment certified by the
Secretary of State.
(e) Any vendor who
completes a sale of a direct electronic voting system that has not been
certified by the Secretary of State to a governmental body in this state shall
be subject to a penalty of $100,000.00, payable to the State of Georgia, plus
reimbursement of all costs and expenses incurred by the governmental body in
connection with the sale. The State Election Board shall have authority to
impose such penalty upon a finding that such a sale has
occurred.
(d)(f) When a
direct electronic recording voting system has been so approved, no improvement
or change that does not impair its accuracy, efficiency, or capacity shall
render necessary a reexamination or reapproval of such system, or of its kind.
(e)(g) Neither the Secretary
of State, nor any custodian, nor the governing authority of any county or
municipality or a member of such authority nor any other person involved in the
examination process shall have any pecuniary interest in any direct electronic
recording voting system or in the manufacture or sale
thereof."
SECTION 32.
Said title is further amended by striking Code Section
21-2-380.1, relating to appointment of absentee ballot clerk, in its entirety
and inserting in lieu thereof a new Code Section 21_2_380.1 to read as
follows:
"21_2_380.1.
The
municipal governing authority shall appoint an absentee ballot clerk who
may be the county registrar, municipal registrar, or any other designated
official and who shall perform the duties set forth in this
article."
SECTION 33.
Said title is further amended by striking paragraph (3) of
subsection (a) of Code Section 21_2_381, relating to the making of application
for absentee ballot, in its entirety and inserting in lieu thereof a new
paragraph (3) to read as
follows:
"(3)
All applications Any application for an official
absentee ballot that is are distributed by a person,
entity, or organization shall require a voter to identify
list thereon which one all of the legally
acceptable categories of absentee electors listed
contained in Code Section 21_2_380 and shall require the elector to
select the category which qualifies authorizes the
voter elector to vote by absentee
ballot."
SECTION 34.
Said title is further amended by striking paragraph (1) of
subsection (a) of Code Section 21_2_386, relating to the safekeeping,
certification, and validation of absentee ballots, in its entirety and inserting
in lieu thereof a new paragraph (1) to read as
follows:
"(a)(1)
The board of registrars or absentee ballot clerk shall keep safely and unopened
all official absentee ballots received from absentee electors prior to the
closing of the polls on the day of the primary or election except as otherwise
provided in this subsection. Upon receipt of each ballot, a registrar or clerk
shall write the day and hour of the receipt of the ballot on its envelope. The
registrar or clerk shall then compare the identifying information on the oath
with the information on file in his or her office, shall compare the signature
or mark on the oath with the signature or mark on the absentee elector´s
application for absentee ballot or a facsimile of said signature or mark taken
from said application, and shall, if the information and signature appear to be
valid, so certify by signing or initialing his or her name below the
voter´s oath. Each elector´s name so certified shall be listed by the
registrar or clerk on the numbered list of absentee voters prepared for his or
her precinct. If the elector has failed to sign the oath, or if the signature
does not appear to be valid, or if the elector has failed to furnish required
information or information so furnished does not conform with that on file in
the registrar´s or clerk´s office, or if the elector is otherwise
found disqualified to vote, the registrar or clerk shall write across the face
of the envelope 'Rejected,' giving the reason therefor. The board of registrars
or absentee ballot clerk shall promptly notify the elector of such rejection, a
copy of which notification shall be retained in the files of the board of
registrars or absentee ballot clerk for at least one year. Three copies of the
numbered list of voters shall also be prepared for such rejected absentee
electors, giving the name of the elector and the reason for the rejection in
each case. Three copies of the numbered list of certified absentee voters and
three copies of the numbered list of rejected absentee voters for each precinct
shall be turned over to the poll manager in charge of counting the absentee
ballots and shall be distributed as required by law for numbered lists of
voters. All absentee ballots returned to the board or absentee ballot clerk
after the closing of the polls on the day of the primary or election shall be
safely kept unopened by the board or absentee ballot clerk for the period of
time required for the preservation of ballots used at the primary or election
and shall then, without being opened, be destroyed in like manner as the used
ballots of the primary or election. The board of registrars or absentee ballot
clerk shall promptly notify the elector by first_class mail that the
elector´s ballot was returned too late to be counted and that the elector
will not receive credit for voting in the primary or
election."
SECTION 35.
Said title is further amended by striking subsection (a) of
Code Section 21-2-402, relating to the preparation of voter´s certificates
by Secretary of State, in its entirety and inserting in lieu thereof a new
subsection (a) to read as
follows:
"(a)
At each primary and election, the Secretary of State shall prepare and furnish
to each superintendent a suitable number of voter´s certificates which
shall be in substantially the following form:
VOTER´S CERTIFICATE
I hereby certify that I am qualified to vote at the
(primary or election) held on ______________, and that I have
not and will not vote elsewhere in this (primary or election) in my own name or
in any other name, and that I am a citizen of the United States and am not
currently serving a sentence for a felony conviction. I understand that
making a false statement on this certificate is a felony under Code Section
21_2_562.
Signature
_________________________
Current residence address of
elector:
______________________________________________________________________
Elector´s
date of birth:
___________________________________________________
Name
or initials of poll officer receiving voter´s certificate:
_______________________
In case of physical disability
or illiteracy, fill out the following:
I hereby
certify that the voter is unable to sign his or her name by reason of the
following:
_____________________________________________________________
____________________________________________________________________
____________________________________________________________________
________________________
Signature
of poll officer
Number of stub of ballot or number of
admission to voting machine:
_______________"
SECTION 36.
Said title is further amended by striking Code Section
21-2-407, relating to the duty of registrars to review qualifications of
electors who may have been erroneously omitted from the list of electors, in its
entirety and inserting in lieu thereof a new Code Section 21-2-407 to read as
follows:
"21_2_407.
The
registrars shall meet at their main office during each primary or election for
the purpose of considering the qualification of electors whose names may have
been omitted by inadvertence or mistake from the list of electors. The
registrars shall be authorized to place the names of such electors on the
registration list or make other corrections to the list as
necessary."
SECTION 37.
Said title is further amended by striking subsection (d) of
Code Section 21-2-408, relating to poll watchers, in its entirety and inserting
in lieu thereof a new subsection (d) to read as
follows:
"(d)
Notwithstanding any other provisions of this chapter, a poll watcher may be
permitted behind the enclosed space for the purpose of observing the conduct of
the election and the counting and recording of votes. Such poll watcher shall in
no way interfere with the conduct of the election, and the poll manager may make
reasonable regulations to avoid such interference. Without in any way limiting
the authority of poll managers, poll watchers are prohibited from talking to
voters, checking electors lists, using photographic or other electronic
monitoring or recording devices, using cellular telephones, or
participating in any form of campaigning while they are behind the enclosed
space. If a poll watcher persists in interfering with the conduct of the
election or in violating any of the provisions of this Code section after being
duly warned by the poll manager or superintendent, he or she may be removed by
such official. Any infraction or irregularities observed by poll watchers shall
be reported directly to the superintendent, not to the poll manager. The
superintendent shall furnish a badge to each poll watcher bearing the words
'Official Poll Watcher,' the name of the poll watcher, the primary or election
in which the poll watcher shall serve, and either the precinct or tabulating
center in which the poll watcher shall serve or a statement that such poll
watcher is a state_wide poll watcher. The poll watcher shall wear such badge at
all times while serving as a poll
watcher."
SECTION 38.
Said title is further amended by striking subsection (b) of
Code Section 21-2-409, relating to assisting electors who cannot read English or
who have physical disabilities, in its entirety and inserting in lieu thereof a
new subsection (b) to read as
follows:
"(b)(1)
In elections in which there is a federal candidate on the ballot, any elector
who is entitled to receive assistance in voting under this Code section shall be
permitted by the managers to select any person of the elector´s choice
except the elector´s employer or agent of that employer or officer or agent
of the elector´s union.
(2) In all other
elections, any Any elector who is entitled to receive
assistance in voting under this Code section shall be permitted by the managers
to select (1) any elector, except a poll officer or poll watcher, who is a
resident of the precinct in which the elector requiring assistance is attempting
to vote; or (2) the mother, father, sister, brother, spouse, or child of the
elector entitled to receive assistance, to enter the voting compartment or booth
with him or her to assist in voting, such assistance to be rendered inside the
voting compartment or booth. No person shall assist more than ten such electors
in any primary, election, or runoff covered by this
paragraph."
SECTION 39.
Said title is further amended by striking Code Section
21-2-411, relating to return of checked list of electors and voter´s
certificates to superintendent, in its entirety and inserting in lieu thereof a
new Code Section 21-2-411 to read as
follows:
"21_2_411.
The
chief manager in each precinct shall return a checked list of electors,
reflecting those who voted, and those who received assistance in
voting and the voter´s certificates to the superintendent, to be
deposited with the registrars. The board of registrars shall keep such
voter´s certificates for at least 24 months and such electors lists for at
least five years, and the same shall be available for public
inspection."
SECTION 40.
Said title is further amended by striking Code Section
21-2-413, relating to conduct of voters, campaigners, and others at polling
places generally, in its entirety and inserting in lieu thereof a new Code
Section 21-2-413 to read as
follows:
"21_2_413.
(a)
No elector shall be allowed to occupy a voting compartment or voting machine
booth already occupied by another except when giving assistance as permitted by
this chapter.
(b) No elector shall remain in a voting
compartment or voting machine booth an unreasonable length of time; and, if such
elector shall refuse to leave after such period, he or she shall be removed by
the poll officers.
(c) No elector except a poll
officer or poll watcher shall reenter the enclosed space after he or she has
once left it except to give assistance as provided by this chapter.
(d) No person, when within the polling place, shall
electioneer or solicit votes for any political party or body or candidate or
question, nor shall any written or printed matter be posted within the room,
except as required by this chapter. The prohibitions contained within Code
Section 21_2_414 shall be equally applicable within the polling place and no
elector shall violate the provisions of Code Section 21_2_414.
(e) No elector shall use photographic or other
electronic monitoring or recording devices or cellular telephones while such
elector is within the enclosed space in a polling
place.
(e)(f) All persons
except poll officers, poll watchers, persons in the course of voting and such
persons´ children under 12 18 years of age
accompanying such persons, persons lawfully giving assistance to electors, duly
authorized investigators of the State Election Board, and peace officers when
necessary for the preservation of order, must remain outside the enclosed space
during the progress of the voting. Notwithstanding any other provision of this
chapter, any elector shall be permitted to be accompanied into the enclosed area
and into a voting compartment or voting machine booth while voting by such
elector´s child or children under 12 18 years of
age unless the poll manager or an assistant manager determines in his or her
sole discretion that such child or children are causing a disturbance or are
interfering with the conduct of voting. Children accompanying an elector in the
enclosed space pursuant to this subsection shall not in any manner handle any
ballot nor operate any function of a voting machine or vote recorder under any
circumstances.
(f)(g) When
the hour for closing the polls shall arrive, all electors who have already
qualified and are inside the enclosed space shall be permitted to vote; and, in
addition thereto, all electors who are then in the polling place outside the
enclosed space, or then in line outside the polling place, waiting to vote,
shall be permitted to do so if found qualified, but no other persons shall be
permitted to vote.
(g)(h) It
shall be the duty of the chief manager to secure the observances of this Code
section, to keep order in the polling place, and to see that no more persons are
admitted within the enclosed space than are permitted by this chapter. Further,
from the time a polling place is opened until the ballots are delivered to the
superintendent, the ballots shall be in the custody of at least two poll
officers at all times.
(h)(i)
No person except peace officers regularly employed by the federal, state,
county, or municipal government or certified security guards shall be permitted
to carry firearms within 250 150 feet of any polling
place."
SECTION 41.
Said title is further amended by striking Code Section
21-2-414, relating to restrictions on campaign activities and public opinion
polling within the vicinity of a polling place, in its entirety and inserting in
lieu thereof a new Code Section 21-2-414 to read as
follows:
"21_2_414.
(a)
No person shall solicit votes in any manner or by any means or method, nor shall
any person distribute any campaign literature, newspaper, booklet, pamphlet,
card, sign, or any other written or printed matter of any kind, nor shall any
person conduct any exit poll or public opinion poll with voters on any primary
or election day:
(1) Within 150 feet of the outer
edge of any building within which a polling place is established;
(2) Within any polling place; or
(3) Within 25 feet of any voter standing in line to
vote at any polling place.
(b) No person shall
solicit signatures for any petition on any primary or election day:
(1) Within 150 feet of the outer edge of any building
within which a polling place is established;
(2)
Within any polling place; or
(3) Within 25 feet of
any voter standing in line to vote at any polling place.
(c) No person shall solicit votes in any manner or by
any means or method, nor shall any person distribute any campaign literature,
newspaper, booklet, pamphlet, card, sign, or any other written or printed matter
of any kind, nor shall any person conduct any exit poll or public opinion poll
with voters within a room in which absentee ballots are being cast on any day.
(d) No person shall solicit signatures for any
petition within a room in which absentee ballots are being cast on any day.
(e) No person shall use a cellular telephone or
other electronic communication device once such person has been issued a ballot
or, in the case of precincts using voting machines or electronic recording
voting systems, once the person has entered the voting machine or voting
enclosure or booth. This subsection shall not prohibit the use of cellular
telephones by poll
officials.
(e)(f) This
Code section shall not be construed to prohibit a poll officer from distributing
materials, as required by law, which are necessary for the purpose of
instructing electors or from distributing materials prepared by the Secretary of
State which are designed solely for the purpose of encouraging voter
participation in the election being conducted.
(f)(g) Any person who
violates this Code section shall be guilty of a
misdemeanor."
SECTION 42.
Said title is further amended by striking subsections (c)
and (g) of Code Section 21-2-501, relating to the number of votes required for
election, in their entirety and inserting in lieu thereof new subsections (c)
and (g) to read as
follows:
"(c)
In instances in which no municipal candidate receives a majority of the votes
cast and the municipal charter or ordinances do not provide for nomination or
election by a plurality vote, a run_off primary or election shall be held
between the candidates receiving the two highest numbers of votes. Such runoff
shall be held not earlier than the fourteenth day and not later
than on the twenty_first day after the day of holding the first
primary or election on a date specified by municipal ordinance or
resolution, unless such run_off date is postponed by court order. Only
the electors entitled to vote in the first primary or election shall be entitled
to vote in any run_off primary or election resulting therefrom; provided,
however, that no elector shall vote in a run_off primary in violation of Code
Section 21_2_216. The run_off primary or election shall be a continuation of the
first primary or election, and only those votes cast for the candidates
receiving the two highest numbers of votes in the first primary or election
shall be counted. No write_in votes may be cast in such a primary, run_off
primary, or run_off election. If any candidate eligible to be in a runoff
withdraws, dies, or is found to be ineligible, the remaining candidates
receiving the two highest numbers of votes shall be the candidates in such
runoff. The municipal candidate receiving the highest number of the votes cast
in such run_off primary or election to fill the nomination or public office
sought shall be declared the
winner."
"(g)
In the event that no candidate receives a plurality of the votes cast in a
general election or more than one candidate in a general election, special
election runoff, or run_off primary receives the highest number of votes cast, a
runoff of the general election, special election runoff, or run_off primary
between the candidates receiving the two highest numbers of votes shall be held.
Unless such date is postponed by a court order, such runoff shall be held on the
twenty_first day after the day of holding the preceding general election,
special election runoff, or run_off primary; provided that, unless
postponed by court order, a runoff resulting from a special election runoff or a
special primary runoff shall be held no sooner than the fourteenth day and no
later than the twenty_first day after the day of holding the preceding special
election runoff or special primary runoff, which run_off day shall be determined
by the Secretary of State in a runoff to fill a federal or state office or by
the superintendent in a runoff to fill a county or militia district
office. If any candidate eligible to be in such runoff withdraws, dies,
or is found to be ineligible, the remaining candidates receiving the two highest
numbers of votes shall be the candidates in the runoff. The candidate receiving
the highest number of the votes cast in such runoff to fill the nomination or
public office such candidate seeks shall be declared the winner. The name of a
write_in candidate eligible for election in a runoff shall be printed on the
run_off election ballot in the independent column. The runoff of a run_off
primary or special election runoff shall be a continuation of the primary or
special election for the particular office concerned, and the run_off election
of a general election shall be a continuation of the general election for the
particular office concerned. Only the electors who were entitled to vote for
that particular office in such primary or special election or general election,
respectively, shall be entitled to vote therein, and only those votes cast for
the persons designated as candidates in such runoff shall be counted in the
tabulation and canvass of the votes cast. No elector shall vote in a run_off
primary in violation of Code Section
21_2_224."
SECTION 43.
Said title is further amended by striking subsection (b) of
Code Section 21-2-540, relating to conduct of special elections generally, in
its entirety and inserting in lieu thereof a new subsection (b) to read as
follows:
"(b)
At least 29 days shall intervene between the call of a special primary and the
holding of same, and at least 29 days shall intervene between the call of a
special election and the holding of same. The period during which candidates
may qualify to run in a special primary or a special election shall remain open
for a minimum of two and one-half days. Municipal special elections which
are to be held in conjunction with a state_wide general primary or state_wide
general election shall be called at least 60 days prior to the date of such
state_wide general primary or state_wide general election; provided, however,
that this requirement shall not apply to special elections held on the same date
as such state_wide general primary or state_wide general election but conducted
separate and apart from such state_wide general primary or state_wide general
election."
SECTION 44.
Said title is further amended by striking subparagraph
(c)(1)(B) of Code Section 21_2_540, relating to conduct of special elections
generally, in its entirety and inserting in lieu thereof a new subparagraph (B)
to read as
follows:
"(B)
In even_numbered years any such special election shall only be held on:
(i) The third Tuesday in March; provided, however,
that in the event that a special election is to be held under this
division provision in a year in which a presidential
preference primary is to be held, then any such special election shall be held
on the date of and in conjunction with the presidential preference primary;
(ii) The date of the general primary;
(iii) The third Tuesday in September; or
(iv) The Tuesday after the first Monday in
November."
SECTION 45.
Said title is further amended by striking Code Section
21-2-541.1, relating to terms for all municipal offices elected at general
municipal elections, in its entirety and inserting in lieu thereof a new Code
Section 21-2-541.1 to read as
follows:
"21_2_541.1.
All
municipal offices elected at general municipal elections shall be for terms of
four years unless otherwise provided by local law in accordance with Code
Section 21_2_541.2. Unless otherwise provided for by the municipal charter,
municipal officeholders shall be sworn in at their first organizational meeting
of the new year and will hold office until their successors are duly elected and
qualified and take said oath of
office."
SECTION 46.
All laws and parts of laws in conflict with this Act are
repealed.