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| Georgia General Assembly |
SB8EX2.html
01 LC 28 0372
Senate Bill
8EX2
By: Senators Crotts of the 17th, Harp
of the 16th, Paul of the 40th and Lamutt of the
21st
A BILL TO BE
ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of
Georgia Annotated, relating to elections and primaries generally, so as to
comprehensively revise the provisions for voting; to provide that all future
primaries and elections shall be conducted by paper ballot or optical scan
voting systems; to provide for the provision of such optical scan voting systems
by the Secretary of State; to provide for revisions to methods and procedures
for conducting elections; to provide for related matters; to provide effective
dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, relating to elections and primaries generally, is amended by striking
paragraphs (1), (2), (4), (18), (19), (37), (38), (40), and (41) of Code Section
21-2-2, relating to definitions, in their entirety and inserting in lieu thereof
new paragraphs (1), (2), (4), (18), (19), (37), (38), (40), and (41) to read as
follows:
"(1)
'Ballot card' means the tabulating or punch card upon which an elector
records his or her vote by the use of a vote recorder. 'Ballot card'
also means a ballot upon which an elector records his or her
vote for tabulation by an optical scan tabulating
machine.
(2) 'Ballot labels' means the cards,
paper, or other material placed on the front of a voting machine or vote
recorder containing the names of offices and candidates and statements of
questions to be voted on.
Reserved."
"(4)
'Custodian' means the person charged with the duty of testing and preparing the
voting machine or vote recorder optical scan vote
counting for the primary or election and with instructing the poll
officers in the use of
same."
"(18)
'Official ballot' means a paper ballot which is furnished by the superintendent
or governing authority in accordance with Code Section 21-2-280,
including. Official ballot shall also include
ballots ballot cards read by optical
scanning scan tabulators.
(19)
'Official ballot label' means a ballot label prepared in accordance with
Article 9 of this chapter and delivered by the superintendent to the poll
officers in accordance with Code Sections 21-2-328 and 21-2-360.
'Optical scan vote counting system' means a system by which a voter casts his
or her vote by filling in an oval or square on a ballot which is then read and
recorded by an optical scan tabulating machine in the voter´s precinct.
Optical scan vote counting system shall include the precinct tabulating machine,
the programming devices for the memory packs for the tabulating systems, the
voting compartment or booths, and all related equipment necessary for the
operation of such optical scan vote counting system. Optical scan vote counting
system shall not include ballots or ballots cards, return sheets, tally sheets,
or other forms used in an
election."
"(37)
'Tabulating machine' or 'tabulator' means any data
processing optical scan device or machine used in counting
ballot cards and tabulating votes thereon.
(38)
'Vote recorder' means a device into which a ballot card may be inserted
so that an elector may record his or her vote for any candidate and for or
against any question by punching or marking the ballot card.
Reserved."
"(40)
'Voting machine' shall not include a vote recorder or tabulating
machine. Reserved.
(41) 'Write-in
ballot' means the paper or other material on which a vote
that is cast for persons whose names do not appear on the official ballot
or ballot
labels."
SECTION 2.
Said chapter is further amended by striking subsection (c)
of Code Section 21-2-45, relating to authorization to create joint
county-municipal boards of elections and boards of elections and registration,
in its entirety and inserting in lieu thereof a new subsection (c) to read as
follows:
"(c)
The governing authority of any municipality may authorize any county within
which that municipality wholly or partially lies to conduct any or all elections
held pursuant to this chapter. In the event a municipality shall by ordinance
authorize such county to conduct elections, such municipality may request such
county to perform any or all of the functions:
(1)
That the county shall perform all duties as superintendent of elections as
specified under this chapter; or
(2) That the
county shall perform all duties as superintendent of elections as specified
under this chapter, with the exception of the qualification of
candidates; or
(3) That the
county shall lease or loan any or all of its election equipment to the
municipality for the purpose of conducting municipal elections without any
responsibility on the part of the county for the actual conduct of the municipal
election.
With reference to any election, such
municipality shall pay such county all costs incurred in performing those
functions which the municipality has requested the county to perform; and,
unless otherwise authorized, such county shall only perform those functions
specifically enumerated in the contract. Such county shall have authority to
conduct elections in any and all counties in which any part of such municipality
may lie."
SECTION 3.
Said chapter is further amended by striking paragraphs (13)
and (14) of subsection (a) of Code Section 21-2-50, relating to the powers and
duties of the Secretary of State and a certain prohibition, in their entirety
and inserting in lieu thereof new paragraphs (13), (14), and (15) to read as
follows:
"(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; and
(15) To
provide optical scan vote counting systems to all counties for use in elections,
including precinct tabulating machines, programming devices, memory packs,
voting booths, and all related equipment for the conduct of elections in this
state. Said equipment shall be uniform throughout the state and shall comply
with the provisions of this
chapter."
SECTION 4.
Said chapter is further amended by striking paragraph (5) of
Code Section 21-2-70, relating to the powers and duties of superintendents, in
its entirety and inserting in lieu thereof a new paragraph (5) to read as
follows:
"(5)
To purchase, except voting machines and vote recorders,
preserve, store, and maintain election equipment of all kinds, including
voting booths and ballot boxes furnished by the state and to
procure ballots and all other supplies for primaries and
elections;"
SECTION 5.
Said chapter is further amended by striking Code Section
21-2-71, relating to the payment by county or municipality of
superintendent´s expenses, in its entirety and inserting in lieu thereof a
new Code Section 21-2-71 to read as
follows:
"21-2-71.
The
governing authority of each county or municipality shall appropriate annually
and from time to time, to the superintendent of such county or municipality, the
funds that it shall deem necessary for the conduct of primaries and elections in
such county or municipality and for the performance of his or her other duties
under this chapter, including:
(1) Compensation of
the poll officers, custodians, and other assistants and employees provided for
in this chapter;
(2) Expenditures and contracts for
expenditures by the superintendent for polling
places;
(3) Purchase or printing, under contracts made
by the superintendent, of all ballots and other election supplies required by
this chapter, or which the superintendent shall consider necessary to carry out
the provisions of this chapter;
(4) Maintenance of
voting machines, vote recorders, and of all other
primaries and election equipment required by this
chapter, or which the superintendent shall consider necessary
to carry out this chapter; and
(5) All other
expenses arising out of the performance of his or her duties under this
chapter."
SECTION 6.
Said chapter is further amended by striking Code Section
21-2-72, relating to primary and election records to be open to the public, in
its entirety and inserting in lieu thereof a new Code Section 21-2-72 to read as
follows:
"21-2-72.
Except
when otherwise provided by law or court order, the primary and election records
of each governing authority, superintendent, registrar, and committee of a
political party or body, including registration statements, nomination
petitions, affidavits, certificates, tally papers, returns, accounts, contracts,
reports, and other documents in official custody, except the contents of voting
machines, shall be open to public inspection and may be inspected and copied by
any elector of the county during usual business hours at any time when they are
not necessarily being used by the custodian or his or her employees having
duties to perform in reference thereto; provided, however, that such public
inspection shall only be in the presence of the custodian or his or her employee
and shall be subject to proper regulation for the safekeeping of such documents
and subject to the further provisions of this chapter. The custodian shall also,
upon request, if photocopying equipment is available in the building in which
the records are housed, make and furnish to any member of the public copies of
any of such records upon payment of the actual cost of copying the records
requested."
SECTION 7.
Said chapter is further amended by striking Code Section
21-2-99, relating to instruction of poll officers and workers as to use of
voting machines or vote recorders, in its entirety 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. Upon successful completion of such
instruction, the superintendent shall give to each poll officer and poll worker
a certificate to the effect that such person has been found qualified to conduct
such primary or election with the particular type of voting 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 and poll worker shall,
upon notice, attend such meeting or meetings called for his or her
instruction.
(b) No poll officer or poll worker shall
serve at any primary or election unless he or she shall have received
instructions, as described in subsection (a) of this Code
Section section; shall have been found qualified to
perform his or her duties in connection with the 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 8.
Said chapter is further amended by striking subsection (f)
of Code Section 21-2-110, relating to filing of registration statements by
political parties or bodies with the Secretary of State, in its entirety and
inserting in lieu thereof a new subsection (f) to read as
follows:
"(f)
A political party, body, or municipal executive committee failing to file a
registration statement as required by subsection (a) or (b) of this Code section
at least 60 days before any primary or election at which it shall seek to have
candidates on the ballot shall not have its name or the names of its candidates
placed on any nomination petition, or ballot, or
ballot
label."
SECTION 9.
Said chapter is further amended by striking subsection (a)
of Code Section 21-2-135, relating to the designation of the specific office
sought where office has multiple officeholders with same title, in its entirety
and inserting in lieu thereof a new subsection (a) to read as
follows:
"(a)(1)
In the case of a public office having multiple officeholders with the same
title, each candidate, including write-in candidates, shall designate the
specific office he or she is seeking, name the person such candidate is seeking
to succeed, and give such other appropriate designation as may be required by
the Secretary of State or election superintendent each time such candidate
qualifies with his or her party in the case of a primary, files a notice of
candidacy in the case of an election, or files a notice of candidacy as a
write-in candidate. The designation of the specific office and the name of the
person whom a candidate is seeking to succeed in the case of a public office
having multiple officeholders shall be entered on the ballot and ballot
labels in such manner that in the ensuing primary or election such
candidate shall only oppose the other candidate or candidates, if any, who
designated the same specific office and the same
name.
(2) In the case of a candidate, including a
write-in candidate, seeking one of two or more municipal public offices, each
having the same title and each being filled at the same election by the vote of
the same electors, the applicable municipal charter or ordinance provisions
shall govern whether such candidate shall designate the specific office he or
she is seeking. If required to designate the specific office, the candidate
shall name his or her incumbent or give other appropriate designation as
specified in the charter or ordinance. Such designation shall be entered on the
ballot and ballot labels in such manner that in the ensuing
municipal primary or election such candidate shall only oppose the other
candidate or candidates, if any, designating the same specific
office."
SECTION 10.
Said chapter is further amended by striking subsection (b)
of Code Section 21-2-153.1, relating to qualification of candidates for party
nomination in a municipal primary, in its entirety and inserting in lieu thereof
a new subsection (b) to read as
follows:
"(b)
After the expiration of the applicable qualification deadline prescribed in
subsection (a) of this Code section, each candidate for nomination to a
municipal office, having no opposing candidates within his or her own political
party, shall automatically become the nominee of his or her party for such
office if the applicable city charter or ordinance does not provide to the
contrary. The name of such an unopposed candidate and the title of the
nomination he or she is seeking shall not be placed upon the primary ballots
or ballot labels. The proper officials of his or her political
party shall certify the candidate as the party nominee for the office involved
for the purpose of having his or her name placed upon the election ballots
or ballot labels. In applying Code Sections 21-2-131 through
21-2-134, such an unopposed municipal candidate shall be deemed to have been
nominated in a primary held by his or her political
party."
SECTION 11.
Said chapter is further amended by striking subsection (a)
of Code Section 21-2-235, relating to the inactive list of electors, in its
entirety and inserting in lieu thereof a new subsection (a) to read as
follows:
"(a)
In addition to the official list of electors, the Secretary of State shall also
maintain an inactive list of electors. Notwithstanding any other provision of
law to the contrary, the names of electors on the inactive list of electors
shall not be counted in computing the number of ballots required for an
election, the number of voting machines or vote recorders
booths or compartments needed for a precinct, the number of
electors required to divide or constitute a precinct, or the number of
signatures needed on any petition. However, any elector whose name appears on
the inactive list shall be eligible to sign a petition and such petition
signature, if valid, shall be sufficient to return the elector to the official
list of electors if the elector still resides at the address listed on the
elector´s registration records and shall be grounds to proceed under Code
Section 21-2-234 to confirm the change of address of the elector if the elector
provides a different address from the address which appears on the
elector´s registration
records."
SECTION 12.
Said chapter is further amended by striking subsection (a)
of Code Section 21-2-267, relating to equipment at polling places, in its
entirety and inserting in lieu thereof a new subsection (a) to read as
follows:
"(a)
The governing authority shall provide and the superintendent shall cause all
rooms used as polling places to be provided with suitable heat and light
and, in precincts in which ballots are used, with a sufficient
number of voting compartments or booths with proper supplies in which the
electors may conveniently mark their ballots, with a curtain, screen, or door in
the upper part of the front of each compartment or booth so that in the marking
thereof they may be screened from the observation of others. A curtain, screen,
or door shall not be required, however, for the self-contained units used as
voting booths in which vote recorders are located if such
booths have been designed so as to ensure the privacy of the elector. When
practicable, every polling place shall consist of a single room, every part of
which is within the unobstructed view of those present therein and shall be
furnished with a guardrail or barrier closing the inner portion of such room,
which guardrail or barrier shall be so constructed and placed that only such
persons as are inside such rail or barrier can approach within six feet of the
ballot box, tabulating machine, and voting compartments,
or booths, or voting machines, as the case may be. The ballot
box, tabulating machine, and voting compartments or booths shall be so
arranged in the voting room within the enclosed space as to be in full view of
those persons in the room outside the guardrail or barrier. The voting
machine or machines shall be placed in the voting rooms within the enclosed
space so that, unless its construction shall otherwise require, the ballot
labels on the face of the machine can be plainly seen by the poll officers when
the machine is not occupied by an
elector."
SECTION 13.
Said chapter is further amended by striking Code Section
21-2-280, relating to the requirement as to the conduct of primaries and
elections by ballot, in its entirety and inserting in lieu thereof a new Code
Section 21-2-280 to read as
follows:
"21-2-280.
(a)
All primaries and elections in this state shall be conducted by
ballot optical scan vote counting systems, except when
voting machines or vote recorders paper ballots are used
as provided by law. All ballots used in any primary or election shall be
provided by the superintendent or governing authority in accordance with this
article, and only official ballots furnished by the superintendent or governing
authority shall be cast or counted in any primary or election in any precinct in
which ballots are used.
(b) On and after January 1,
2002, all counties and municipalities in this state shall conduct all primaries,
elections, and run-off primaries and elections using optical scan vote counting
systems, except as otherwise provided in this chapter. Prior to January 1,
2002, the Secretary of State shall evaluate, purchase, and provide optical scan
vote counting systems which comply with the provisions of this chapter to all
counties in the state for use in primaries and elections occurring after that
date."
SECTION 14.
Said chapter is further amended by striking Code Section
21-2-281, relating to voting by paper ballot when use of voting machine
impossible or impracticable, in its entirety and inserting in lieu thereof a new
Code Section 21-2-281 to read as
follows:
"21-2-281.
In
any primary or election in which the use of voting machines
an optical scan vote counting system is impossible or impracticable, for
the reasons set out in Code Section 21-2-334 21-2-325,
the primary or election may be conducted by paper ballot in the manner provided
in Code Section 21-2-334
21-2-325."
SECTION 15.
Said chapter is further amended by striking Code Section
21-2-282, relating to voting by paper ballot when use of vote recorders
impossible or impracticable, in its entirety and inserting in lieu thereof a new
Code Section 21-2-282 to read as
follows:
"21-2-282.
In
any primary or election in which the use of vote recorders is impossible or
impracticable, for the reasons set out in Code Section 21-2-364, the primary or
election may be conducted by paper ballot in the manner provided in Code Section
21-2-364.
Reserved."
SECTION 16.
Said chapter is further amended by striking Code Section
21-2-283, relating to printing and safekeeping of ballots and labels by
superintendent, in its entirety and inserting in lieu thereof a new Code Section
21-2-283 to read as
follows:
"21-2-283.
In
any primary or election, the superintendent or governing authority shall cause
all official the ballots and ballot labels to be printed
accurately and in the form prescribed by this chapter, and the superintendent or
governing authority shall be responsible for the safekeeping of the same while
in his or her or its possession or that of his or her or its agent. The
superintendent or governing authority shall keep a record of the number of
official ballots printed and furnished to each precinct at each primary and
election, and the number of stubs, unused ballots, and canceled ballots
subsequently returned
therefrom."
SECTION 17.
Said chapter is further amended by striking subsection (b)
of Code Section 21-2-284, relating to form of official primary ballot, in its
entirety and inserting in lieu thereof a new subsection (b) to read as
follows:
"(b)
Immediately under this caption, the following directions shall be printed:
'Place a cross (X) or check
(T) mark in
the square opposite the name of each candidate for whom you choose to vote. If
you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or
pencil. Failure to follow these instructions may result in your vote not
being
counted.'"
SECTION 18.
Said chapter is further amended by striking subsection (a)
of Code Section 21-2-284.1, relating to the form of the nonpartisan ballot, in
its entirety and inserting in lieu thereof a new subsection (a) to read as
follows:
"(a)
The names of all candidates seeking election in a nonpartisan election conducted
in conjunction with a partisan primary shall be printed on the official
ballot of each political party; and insofar as practicable such offices to be
filled in a nonpartisan election shall be separated from the names of political
party candidates by being listed last on each political party ballot, with the
top of that portion of the official ballot relating to the nonpartisan
election to have printed in prominent type the words 'OFFICIAL NONPARTISAN
ELECTION BALLOT.' Immediately under this caption the following directions shall
be printed: 'Place a cross (X) or check
(T) mark in
the square opposite the name of each nonpartisan candidate for whom you choose
to vote. To vote for a person whose name is not on the ballot, manually write
his or her name, accompanied by the title of the office involved, in the
write-in column. If you spoil your ballot, do not erase, but ask for a new
ballot. Use only pen or pencil. Failure to follow these instructions may
result in your vote not being counted.' Immediately under the directions,
the names of the nonpartisan candidates shall in all cases be arranged under the
title of the office for which they are candidates and be printed thereunder in
alphabetical order. No party designation or affiliation shall appear beside the
name of any candidate for nonpartisan office. An appropriate space shall also be
placed on the official ballot for the casting of write-in votes for such
offices. The incumbency of a nonpartisan candidate seeking nomination for the
public office he or she then holds shall be indicated on the official
ballots by printing the word 'Incumbent' beside his or her name. Under the title
of each office shall be placed a direction as to the number of nonpartisan
candidates to be voted for. The votes cast for each nonpartisan candidate listed
on all official political party ballots shall be combined to determine
the total number of votes received by each candidate in the nonpartisan
election. In the event that a candidate in such nonpartisan election does not
receive a plurality of the total votes cast for such office, there shall be a
nonpartisan election runoff between the candidates receiving the two highest
numbers of votes for such office; and the names of such candidates shall be
placed on each official political party ballot at the general primary
runoff in the same nonpartisan portion as prescribed in this Code section. If no
political party runoff is required, the form of the official ballot for
the nonpartisan election runoff shall be prescribed by the Secretary of State or
election superintendent in essentially the same format prescribed for
nonpartisan elections. The candidate receiving the highest number of votes cast
in the nonpartisan election runoff shall be declared duly elected to such
office."
SECTION 19.
Said chapter is further amended by striking subsection (b)
of Code Section 21-2-285, relating to the form of the official election ballot,
in its entirety and inserting in lieu thereof a new subsection (b) to read as
follows:
"(b)
Immediately under this caption on a an official ballot
presenting the names of candidates for election to office, the following
directions shall be printed, insofar as the same may be appropriate for the
election involved:
(1) To 'To
vote for presidential electors, mark a cross (X) or check
(T) mark in
the square opposite the names of the candidates of the party or body for the
offices of President and Vice President you choose to vote for. Place a cross
(X) or check
(T) mark in
the square opposite the name of each candidate you choose to vote for. To vote
for a person whose name is not on the ballot, manually write his or her name,
accompanied by the title of the office involved, in the write-in column. If you
spoil your ballot, do not erase, but ask for a new ballot. Use only pen or
pencil. Failure to follow these instructions may result in your vote not
being counted.'
(2) Marks made in
violation of these directions shall be disregarded in the counting of the votes
cast. The names of persons inserted on the official ballot by the elector
shall be manually written only within the write-in column and the insertion of
such names outside such column or by the use of a sticker, paster, stamp, or
other printed or written matter is
prohibited."
SECTION 20.
Said chapter is further amended by striking Code Section
21-2-285.1, relating to the form of the nonpartisan election ballot, in its
entirety and inserting in lieu thereof a new Code Section 21-2-285.1 to read as
follows:
"21-2-285.1.
The
names of all candidates for offices which were covered on July 1, 2001, by a
local Act of the General Assembly which provided for election in a nonpartisan
election without a prior nonpartisan primary shall be printed on each official
election ballot; and insofar as practicable such offices to be filled in the
nonpartisan election shall be separated from the names of candidates for other
offices by being listed last on each ballot, with the top of that portion of
each official election ballot relating to the nonpartisan election to have
printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
Immediately under this caption the following directions shall be printed: 'Place
a cross (X) or check
(T) mark in
the square opposite the name of each nonpartisan candidate for whom you choose
to vote. To vote for a person whose name is not on the ballot, manually write
his or her name, accompanied by the title of the office involved, in the
write-in column. If you spoil your ballot, do not erase, but ask for a new
ballot. Use only pen or pencil. Failure to follow these instructions may
result in your vote not being counted.' Immediately under the directions,
the name of each such nonpartisan candidate shall be arranged alphabetically by
last name under the title of the office for which they are candidates
and be printed thereunder in alphabetical order. The incumbency
of a candidate seeking election for the public office he or she then holds shall
be indicated on the ballot. No party designation or affiliation shall appear
beside the name of any candidate for nonpartisan office. An appropriate space
shall also be placed on the ballot for the casting of write-in votes for such
offices. In the event that no candidate in such nonpartisan election receives a
plurality of the total votes cast for such office, there shall be a nonpartisan
election runoff between the candidates receiving the two highest numbers of
votes; and the names of such candidates shall be placed on the official ballot
at the general election runoff in the same manner as prescribed in this Code
section for the nonpartisan election. In the event that only nonpartisan
candidates are to be placed on a run-off ballot, the form of the ballot shall be
as prescribed by the Secretary of State or election superintendent in
essentially the same format as prescribed for the nonpartisan election. The
candidate having a plurality of the votes cast in the nonpartisan election or
the candidate receiving the highest number of votes cast in the nonpartisan
election runoff shall be declared duly elected to such
office."
SECTION 21.
Said chapter is further amended by striking Article 8.1,
relating to state-wide voting equipment, in its entirety.
SECTION 22.
Said chapter is further amended by striking Article 9,
relating to voting machines and vote recorders generally, and inserting in lieu
thereof a new Article 9 to read as follows:
"ARTICLE
9
21-2-310.
No optical scan vote
counting system shall be adopted or used unless it shall, at the time, satisfy
the following requirements:
(1) It shall provide
facilities for voting for such candidates as may be nominated and upon such
questions as may be submitted;
(2) It shall permit
each elector, in one operation per ballot, to vote for all the candidates of one
party or body for presidential electors;
(3) Except
as provided in paragraph (2) of this Code section for presidential electors, it
shall permit each elector, at other than primaries, to vote a ticket selected
from the nominees of any and all parties or bodies, from independent
nominations, and from persons not in nomination;
(4)
It shall permit each elector to vote, at any election, for any person and for
any office for whom and for which he or she is lawfully entitled to vote,
whether or not the name of such person or persons appears upon a ballot as a
candidate for election; to vote for as many persons for an office as he or she
is entitled to vote for; and to vote for or against any question upon which he
or she is entitled to vote;
(5) An optical scan
tabulator shall preclude the counting of votes for any candidate or upon any
question for whom or upon which an elector is not entitled to vote; shall
preclude the counting of votes for more persons for any office than he or she is
entitled to vote for; and shall preclude the counting of votes for any candidate
for the same office or upon any question more than once;
(6) It shall permit voting in absolute secrecy so
that no person can see or know for whom any other elector has voted or is
voting, save an elector whom he or she has assisted or is assisting in voting,
as prescribed by law;
(7) It shall be constructed of
material of good quality in a neat and workmanlike manner;
(8) It shall, when properly operated, record
correctly and accurately every vote cast;
(9) It
shall be so constructed that an elector may readily learn the method of
operating it;
(10) It shall be safely
transportable;
(11) It shall record votes by having
the voter fill in an oval or square adjacent to the name of the candidate or
answer to a question for which the voter desires to vote;
and
(12) The optical scan tabulator shall count the
votes at the
precinct.
21-2-311.
(a)
In each precinct in which optical scan vote counting systems are used, there
shall be at least one voting booth or compartment for each 200 electors therein
or fraction thereof.
(b) The Secretary of State shall
provide each county with optical scan vote counting systems in good working
order and of sufficient capacity to accommodate the names of a reasonable number
of candidates for all party offices and nominations and public offices which,
under the provisions of existing laws and party rules, are likely to be voted
for at any primary or
election.
21-2-312.
(a)
In selecting and purchasing an optical scan vote counting system for use in this
state, the Secretary of State shall examine the optical scan vote counting
system to ensure that such system is in compliance with the provisions of this
chapter and shall so certify prior to the purchase of such system. Any ten or
more electors of this state may, at any time, request the Secretary of State to
reexamine the optical scan vote counting system to ensure that it may be safely
and accurately used in the state and that it is in compliance with the
provisions of this chapter. 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 the
optical scan vote counting system. The Secretary of State shall thereupon
reexamine such optical scan vote counting 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 scan
vote counting 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 scan vote counting system can be so used, the optical scan vote
counting system shall continue to be used at primaries and elections as provided
in this chapter. If, upon the reexamination of the optical scan vote counting
system, it shall appear that the optical scan vote counting system so reexamined
can no longer be safely and accurately used by electors at primaries or
elections or is not in compliance with the provisions of this chapter, the
Secretary of State shall immediately discontinue the use of such system in this
state and shall examine and purchase a new optical scan vote counting system for
use in this state that does meet the requirements of this chapter and which can
be safely and accurately used in primaries and elections.
(b) When an optical scan vote counting system has
been so examined and certified, no improvement or change that does not impair
its accuracy, efficiency, or capacity shall render necessary any examination or
reexamination of the system.
(c) Neither the
Secretary of State, any of his or her staff or consultants, nor any other person
involved in the examination process shall have any pecuniary interest in any
optical scan vote counting system or in the manufacture or sale
thereof.
21-2-313.
In any
primary or election, the superintendent or governing authority shall cause all
the official ballots to be printed accurately and in the form prescribed by this
chapter, and the superintendent or governing authority shall be responsible for
the safekeeping of the same while in his or her or its possession or that of his
or her or its agent. The superintendent or governing authority shall keep a
record of the number of official ballots printed and furnished to each precinct
at each primary and election, and the number of stubs, unused ballots, and
canceled ballots subsequently returned
therefrom.
21-2-314.
(a)
In each primary, separate official ballots shall be prepared for the political
party holding the primary. At the top of each ballot shall be printed in
prominent type the words 'OFFICIAL PRIMARY BALLOT OF
______________________________ PARTY FOR,' followed by the designation of the
precinct for which it is prepared and the name and date of the primary.
(b) Immediately under this caption, the following
directions shall be printed: 'Completely fill in the oval or the square opposite
the name of each candidate for whom you choose to vote. If you spoil your
ballot, do not erase, but ask for a new ballot. Use only pen or pencil. Failure
to follow these instructions may result in your vote not being counted.'
(c) Immediately under the directions, the names of
all candidates who have qualified with the party in accordance with this chapter
and party rules and who have been certified to the superintendent or Secretary
of State as having so qualified shall be printed on the official ballots, except
unopposed candidates in municipal primaries where the municipal charter or
ordinance does not prohibit the omission of such candidates´ names from the
ballot. The names of the candidates shall in all cases be arranged under the
title of the office for which they are candidates and be printed thereunder in
alphabetical order. The incumbency of a candidate seeking party nomination for
the public office he or she then holds shall be indicated on the official
ballots. Under the title of each office shall be placed a direction as to the
number of candidates to be voted for.
(d) If at any
general primary a political party shall submit to its members any matter or
question to be voted upon, the party shall by the deadline for certifying
candidates for the primary election certify the wording of said question to the
superintendent, if to be voted on by one county only, or to the Secretary of
State, if to be voted on by more than one county; and the superintendent or
Secretary of State shall have such language printed on the official ballot. To
the left of each question there shall be placed the words 'Yes' and 'No'
together with appropriate ovals or squares to the left of each for the voter to
cast his or her vote for or against each question. If at any municipal primary a
political party shall submit to its members any matter or question to be voted
upon, the party shall have printed on the ballots the necessary language to
guide the elector in the expression of his or her choice as to such matter or
question.
(e) Each ballot shall have printed thereon
the following:
'I understand that the offer or
acceptance of money or any other object of value to vote for any particular
candidate, list of candidates, issue, or list of issues included in this
election constitutes an act of voter fraud and is a felony under Georgia law.'
(f) The official ballots shall vary in form only as
the names of precincts, offices, candidates, color of ballot cards, or this
chapter may
require.
21-2-315.
(a)
The names of all candidates seeking election in a nonpartisan election conducted
in conjunction with a partisan primary shall be printed on the official ballot
of each political party; and insofar as practicable such offices to be filled in
a nonpartisan election shall be separated from the names of political party
candidates by being listed last on each official political party ballot, with
the top of that portion of the ballot relating to the nonpartisan election to
have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
Immediately under this caption the following directions shall be printed:
'Completely fill in the oval or the square opposite the name of each nonpartisan
candidate for whom you choose to vote. If you spoil your ballot, do not erase,
but ask for a new ballot. Use only pen or pencil. Failure to follow these
instructions may result in your vote not being counted.' Immediately under the
directions, the names of the nonpartisan candidates shall in all cases be
arranged under the title of the office for which they are candidates and be
printed thereunder in alphabetical order. No party designation or affiliation
shall appear beside the name of any candidate for nonpartisan office. The
incumbency of a nonpartisan candidate seeking election to the public office he
or she then holds shall be indicated on the official ballots by printing the
word 'Incumbent' beside his or her name. Under the title of each office shall be
placed a direction as to the number of nonpartisan candidates to be voted for.
The votes cast for each nonpartisan candidate listed on all official political
party ballots shall be combined to determine the total number of votes received
by each candidate in the nonpartisan election. In the event that a candidate in
such nonpartisan election does not receive a plurality of the total votes cast
for such office, there shall be a nonpartisan election runoff between the
candidates receiving the two highest numbers of votes for such office; and the
names of such candidates shall be placed on each official political party ballot
at the general primary runoff in the same nonpartisan portion as prescribed in
this Code section. If no political party runoff is required, the form of the
official ballot for the nonpartisan election runoff shall be prescribed by the
Secretary of State or election superintendent in essentially the same format
prescribed for nonpartisan elections. The candidate receiving a plurality of the
total votes cast in the nonpartisan election or the candidate receiving the
highest number of votes cast in the nonpartisan election runoff shall be
declared duly elected to such office.
(b) In the case
of nonpartisan municipal primaries, the form of the official nonpartisan primary
ballot shall conform insofar as practicable to the form of the official primary
ballot as detailed in Code Section 21-2-314, except that:
(1) The following shall be printed at the top of each
ballot in prominent type:
'OFFICIAL NONPARTISAN PRIMARY BALLOT
OF
______________________________
(Name of municipality)';
(2) There shall be no name or designation of any political
organization nor any words, designation, or emblems descriptive of a
candidate´s political affiliation printed under or after any
candidate´s name which is printed on the ballot; and
(3) The incumbency of a candidate seeking election
for the public office he or she then holds shall be indicated on the official
ballot.
21-2-316.
(a) At
the top of each official ballot for an election shall be printed in prominent
type the words 'OFFICIAL BALLOT,' followed by the designation of the precinct
for which it is prepared and the name and date of the election.
(b) Immediately under this caption on an official
ballot presenting the names of candidates for election to office, the following
directions shall be printed, insofar as the same may be appropriate for the
election involved: 'To vote for presidential electors, completely fill in the
oval or the square opposite the names of the candidates of the party or body for
the offices of President and Vice President you choose to vote for. Completely
fill in the oval or the square opposite the name of each candidate you choose to
vote for. To vote for a person whose name is not on the ballot, manually write
his or her name, accompanied by the title of the office involved, in the
write-in column. If you spoil your ballot, do not erase, but ask for a new
ballot. Use only pen or pencil. Failure to follow these instructions may result
in your vote not being counted.' Marks made in violation of these directions
shall be disregarded in the counting of the votes cast. The names of persons
inserted on the official ballot by the elector shall be manually written only
within the write-in space and the insertion of such names outside such space or
by the use of a sticker, paster, stamp, or other printed or written matter is
prohibited.
(c) Immediately under the directions,
the names of all candidates who have been nominated in accordance with the
requirements of this chapter shall be printed on the official ballot and the
names of the candidates shall in all cases be arranged under the titles of the
respective offices they are seeking. In a primary or special election, said
names shall be arranged alphabetically by last name under the title of the
office. The incumbency of a candidate seeking election for the public office he
or she then holds shall be indicated on the official ballot. In a general
election, the names of candidates who are nominees of a political party shall be
listed with the name of their party. Under the title of each office, the names
of the candidates of political parties shall be printed first in the descending
order of the totals of votes cast for candidates of the political parties for
Governor at the last gubernatorial election. Following these candidates, parties
having no candidate for Governor on the ballot at the last gubernatorial
election shall be arranged alphabetically according to the party name. Following
these candidates, the names of candidates of political bodies shall be arranged
alphabetically according to the body name. Finally, the names of all independent
candidates shall be printed on the official ballot under the designation
'Independent.' In the case of two or more independent candidates seeking the
same office, their names shall be arranged in alphabetical order. After the
name of all of the candidates shall be printed a space sufficient for the
insertion of write-in votes. To the left or the right of the name of every
candidate thereon shall be an oval or a square which the voter may complete in
order to cast his or her vote for the candidate of his or her choice.
(d) Unless a candidate has filed with his or her
nominating petition a certificate from a political party or body attesting that
such candidate is the nominee of such party by virtue of having been nominated
in a duly constituted party convention, the candidate´s name shall appear
on the official ballot as an independent candidate.
(e) When presidential electors are to be elected, the
names of the nominees of each political party or body for such offices shall be
arranged alphabetically under the names of the candidates of the party or body
for President and Vice President of the United
States.
(f) When proposed constitutional amendments or
other questions are submitted to a vote of the electors, each amendment or other
question so submitted may be printed upon the official ballot after the groups
of candidates for the various offices. Proposed constitutional amendments so
submitted shall be printed in brief form as directed by the General Assembly
and, in the event of a failure to so direct, the form shall be determined by the
Secretary of State and shall include the short title or heading provided for in
subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any
other state-wide questions so submitted shall be printed in brief form as
directed by the General Assembly and, in the event of a failure to so direct,
the form shall be determined by the Secretary of State; any local questions so
submitted shall be printed in brief form as directed by the General Assembly
and, in the event of a failure to so direct, the form shall be determined by the
superintendent. To the left or the right of each question there shall be placed
the words 'Yes' and 'No' together with appropriate ovals or squares to the left
of each which the voter may complete in order to cast his or her vote for
approval or rejection of said question, unless otherwise directed by the General
Assembly.
(g) When proposed questions are submitted to
a vote of municipal electors, each question so submitted may be printed upon the
official ballot below the groups of candidates for the various offices. To the
left or the right of each question there shall be placed the words 'Yes' and
'No' together with appropriate ovals or squares to the left of each which the
voter may complete in order to cast his or her vote for the approval or
rejection of said question, unless otherwise directed by the General Assembly.
(h) Each official ballot shall have printed thereon
the following:
'I understand that the offer or
acceptance of money or any other object of value to vote for any particular
candidate, list of candidates, issue, or list of issues included in this
election constitutes an act of voter fraud and is a felony under Georgia law.'
(i) The official ballots shall vary in form only as
the names of precincts, offices, candidates, or this chapter may require.
(j) Any other provision of law to the contrary
notwithstanding, in the event there is no opposed candidate in a precinct in a
general or special municipal election, no election shall be held in such
precinct unless a write-in candidate has qualified as provided by law or unless
there are issues to be submitted to the electorate within a precinct.
(k) When, pursuant to subsection (j) of this Code
section, no election is to be conducted, the municipality shall provide notice
reasonably calculated to inform the affected electorate that no election is to
be conducted. Each such unopposed candidate shall be deemed to have voted for
himself or herself. 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
21-2-502.
21-2-317.
The
names of all candidates for offices which were covered on July 1, 2001, by
a local Act of the General Assembly which provided for election in a nonpartisan
election without a prior nonpartisan primary shall be printed on each official
election ballot; and insofar as practicable such offices to be filled in the
nonpartisan election shall be separated from the names of candidates for other
offices by being listed last on each official ballot, with the top of that
portion of each official election ballot relating to the nonpartisan election to
have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'
Immediately under this caption the following directions shall be printed:
'Completely fill in the oval or the square opposite the name of each nonpartisan
candidate for whom you choose to vote. To vote for a person whose name is not on
the ballot, manually write his or her name, accompanied by the title of the
office involved, in the write-in column. If you spoil your ballot, do not erase,
but ask for a new ballot. Use only pen or pencil. Failure to follow these
instructions may result in your vote not being counted.' Immediately under the
directions, the name of each nonpartisan candidate shall be arranged
alphabetically by last name under the title of the office for which they are
candidates. The incumbency of a candidate seeking election for the public office
he or she then holds shall be indicated on the official ballot. No party
designation or affiliation shall appear beside the name of any candidate for
nonpartisan office. An appropriate space shall also be placed on the official
ballot for the casting of write-in votes for such offices. In the event that no
candidate in such nonpartisan election receives a plurality of the total votes
cast for such office, there shall be a nonpartisan election runoff between the
candidates receiving the two highest numbers of votes; and the names of such
candidates shall be placed on the official ballot at the general election runoff
in the same manner as prescribed in this Code section for the nonpartisan
election. In the event that only nonpartisan candidates are to be placed on an
official run-off ballot, the form of the official ballot shall be as prescribed
by the Secretary of State or election superintendent in essentially the same
format as prescribed for the nonpartisan election. The candidate having a
plurality of the votes cast in the nonpartisan election or the candidate
receiving the highest number of votes cast in the nonpartisan election runoff
shall be declared duly elected to such
office.
21-2-318.
(a) The
official ballots shall be printed in black ink upon clear, white, or colored
material, of such size and arrangement as will suit the construction of the
optical scan tabulator, and in plain, clear type so as to be easily readable by
persons with normal vision.
(b) The form and
arrangement of ballot cards shall be prescribed by this article and prepared by
the superintendent.
(c) 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
official 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 official ballot;
and the decision of the designated official shall be
conclusive.
21-2-319.
(a)
If ballots for a precinct at which an optical scan vote counting system is to be
used shall not be delivered to the poll officers as required by this chapter,
the chief manager of such precinct shall cause other ballots to be prepared,
printed, or written, as nearly in the form of official ballots as practicable;
and the poll officers shall cause the ballots, so substituted, to be used at the
primary or election, in the same manner, as nearly as may be, as the official
ballots. Such ballots, so substituted, shall be known as unofficial ballots.
(b) If any optical scan vote counting system being
used in any primary or election shall become out of order during such primary or
election, it shall, if possible, be repaired or another optical scan vote
counting system substituted by the custodian or superintendent as promptly as
possible, for which purpose the Secretary of State may purchase as many extra
optical scan vote counting systems as he or she may deem necessary; but, in case
such repair or substitution cannot be made, the ballots may be voted
manually.
21-2-320.
In
elections, electors shall be permitted to cast write-in votes. The design of the
official ballot shall permit the superintendents, in counting the write-in
votes, to determine readily whether an elector has cast any write-in vote not
authorized by law. The Secretary of State, in specifying the form of the
official ballot, and the State Election Board, in promulgating rules and
regulations respecting the conduct of elections, shall provide for ballot
secrecy in connection with write-in
votes.
21-2-321.
(a) The
superintendent of each county or municipality shall order the proper programming
to be placed in each optical scan tabulator used in any
precinct.
(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 scan tabulators
to be used in the primary or election 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 scan tabulator to reject such
votes. The optical scan 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
optical scan tabulator is approved. The superintendent shall cause the pretested
optical scan tabulators to be placed at the various polling places to be used in
the primary or election. The superintendent shall require that each optical scan
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 optical scan tabulator. The optical scan tabulators
shall produce a zero tape prior to any ballots being inserted on the day of any
primary or election.
(c) In every primary or
election, the superintendent shall furnish, at the expense of the county or
municipality, all official ballots, forms of certificates, and other papers and
supplies required under this chapter and which are not furnished by the
Secretary of State, all of which shall be in the form and according to the
specifications prescribed, from time to time, by the Secretary of
State.
21-2-322.
(a) The
superintendent shall deliver the proper optical scan tabulator to the polling
places at least one hour before the time set for opening of the polls at each
primary or election and shall cause each to be set up in the proper manner for
use in voting.
(b) The superintendent shall provide
ample protection against molestation of and injury to the optical scan tabulator
and, for that purpose, shall call upon any law enforcement officer to furnish
such assistance as may be necessary; and it shall be the duty of the law
enforcement officer to furnish such assistance when so requested by the
superintendent.
(c) The superintendent shall at
least one hour before the opening of the polls:
(1)
Provide sufficient lighting to enable electors, while in the voting booth or
compartment, to read the ballot, which lighting shall be suitable for the use of
poll officers in examining the booth or compartment; and such lighting shall be
in good working order before the opening of the
polls;
(2) Prominently post directions for voting on
the optical scan ballot card within the voting booth or compartment; at least
two sample ballots in use for the primary or election shall be posted
prominently outside the enclosed space within the polling
place;
(3) Ensure that the optical scan tabulator
shall have a seal securing the memory pack in use throughout the election day;
such seal shall not be broken unless the optical scan tabulator is replaced due
to malfunction; and
(4) Provide such other materials
and supplies as may be necessary or as may be required by
law.
21-2-323.
During the
30 days next preceding a general primary or election or during the ten days next
preceding a special primary or election, the superintendent shall place on
public exhibition, in such public places and at such times as he or she may deem
most suitable for the information and instruction of the electors, one or more
sets of sample ballots that will be used in such election. The sample ballots
shall show the offices and questions to be voted upon, the names and
arrangements of parties and bodies, and the names and arrangements of the
candidates to be voted for. Such ballots shall be under the charge and care of a
person competent as an
instructor.
21-2-324.
(a)
The superintendent shall designate a person or persons who shall have custody of
the optical scan tabulators of the county or municipality when they are not in
use at a primary or election and shall provide for his or her compensation and
for the safe storage and care of the optical scan tabulators.
(b) All optical scan tabulators, when not in use,
shall be properly covered and stored in a suitable place or
places.
21-2-325.
If a
method of nomination or election for any candidate or office, or of voting on
any question is prescribed by law, in which the use of optical scan vote
counting systems is not possible or practicable, or in case, at any primary or
election, the number of candidates seeking nomination or nominated for any
office renders the use of optical scan vote counting systems for such office at
such primary or election impracticable, or if, for any other reason, at any
primary or election the use of optical scan vote counting systems wholly or in
part is not practicable, the superintendent may arrange to have the voting for
such candidates or offices or for such questions conducted by paper ballots as
prescribed by this chapter. In such cases, appropriate ballots shall be printed
for such candidates, offices, or questions, and the primary or election shall be
conducted by the poll officers, and the ballots shall be counted and return
thereof made in the manner required by
law."
SECTION 23.
Said chapter is further amended by striking Code Section
21-2-383, relating to preparation and delivery of absentee ballots, in its
entirety and inserting in lieu thereof a new Code Section 21-2-383 to read as
follows:
"21-2-383.
Ballots
Official ballots for use by absentee electors shall be prepared
sufficiently in advance by the superintendent and shall be delivered to the
board of registrars or absentee ballot clerk as provided in Code Section
21-2-384. Such official ballots shall be marked 'Official Absentee
Ballot' and shall be in substantially the form for ballots
optical scan ballot cards required by Article 8
9 of this chapter, except that, in counties using voting
machines or vote recorders paper ballots, the ballots may be in
substantially the form for the ballot labels ballots
required by Article 9 8 of this chapter or in
such form as will allow the ballot to be machine tabulated. Every such
official ballot shall have printed with other instructions thereon the
following:
'I understand that the offer or acceptance
of money or any other object of value to vote for any particular candidate, list
of candidates, issue, or list of issues included in this election constitutes an
act of voter fraud and is a felony under Georgia
law.'
The form for either official ballot shall
be determined and prescribed by the Secretary of State, except in municipal
primaries or elections, in which the form of absentee ballots which
follows the paper ballot format shall be determined and prescribed by
the
superintendent."
SECTION 24.
Said chapter is further amended by striking subsection (b)
of Code Section 21-2-386, relating to safekeeping, certification, and validation
of absentee ballots, in its entirety and inserting in lieu thereof a new
subsection (b) to read as
follows:
"(b)
As soon as practicable after 12:00 Noon on the day of the primary or election,
in precincts other than those in which vote recorders or optical
scanning tabulators are used, a registrar or absentee ballot clerk
shall deliver the official absentee ballot of each certified absentee elector,
each rejected absentee ballot, applications for such ballots, and copies of the
numbered lists of certified and rejected absentee electors to the manager in
charge of the absentee ballot precinct of the county, which shall be located in
the precincts containing the county courthouse or polling place
designated by the municipal superintendent. In those
precincts in which vote recorders or optical scanning tabulators are used, such
absentee ballots shall be taken to the tabulation center or other place
designated by the superintendent, and the official receiving such absentee
ballots shall issue his or her receipt therefor. In no event shall the
counting of the ballots begin before the polls
close."
SECTION 25.
Said chapter is further amended by striking subsections (b)
and (c) of Code Section 21-2-400, relating to duties of superintendents, in its
entirety and inserting in lieu thereof a new subsection (b) to read as
follows:
"(b)
As an aid to electors, sample ballots or ballot labels may be
printed and published in any newspaper generally and regularly circulated within
the county or municipality, so long as the facsimile is labeled 'Sample Ballot'
and is at least 25 percent larger or smaller than the official ballot. Reprints
of such newspaper printings may be procured and distributed by any elector.
Election officials may also prepare and distribute sample ballots or
ballot labels or portions thereof, provided they are labeled 'Sample
Ballot' and are of a different color and at least 25 percent larger or smaller
than the official ballot or ballot label.
(c) In those counties and municipalities
which employ the use of vote recorders or voting machines, the superintendent
shall prepare sample or facsimile ballot labels for each general election which
shall contain each question and the candidates who are offering for election for
each office which will be voted upon in the county or municipality. The
superintendent shall maintain such sample or facsimile ballot labels at the
county courthouse for distribution upon request to interested electors. Such
sample or facsimile ballot labels shall comply with Code Section
21-2-575."
SECTION 26.
Said chapter is further amended by striking subsection (a)
of Code Section 21-2-401, relating to the delivery of forms and supplies to the
precincts, in its entirety and inserting in lieu thereof a new subsection (a) to
read as
follows:
"(a)
The cards of instruction, return sheets, tally sheets, oaths of poll officers,
affidavits, and other forms and supplies required for use in each
precinct, and, in precincts in which ballots are
used, the official ballots prepared for use therein shall be packed by
the superintendent in separate sealed packages for each precinct, marked on the
outside so as to designate clearly the precincts for which they are intended
and, in the case of precincts in which ballots are used, the
number of ballots enclosed. They shall then be delivered by the superintendent,
together with the ballot box which shall bear the designation of the precinct,
to the managers in the several precincts prior to the hour appointed for opening
the polls. In primaries when using paper ballots, the parties shall
decide whether to use the same ballot box or to use separate ballot boxes. The
managers of the respective precincts shall, on delivery to them of such
packages, return receipts therefor to the superintendent, who shall keep a
record of the time when and the manner in which the several packages are
delivered. The superintendent may, in the superintendent´s discretion,
require the managers of the respective precincts to call at the
superintendent´s office to obtain such
packages."
SECTION 27.
Said chapter is further amended by striking subsection (c)
of Code Section 21-2-405, relating to the meeting of poll officers at place of
primary or election, in its entirety and inserting in lieu thereof a new
subsection (c) to read as
follows:
"(c)
After the poll officers of a precinct have been organized, the chief manager
shall designate one of the assistant managers to have custody of the electors
list. In precincts in which ballots are used, the The
other assistant manager shall have charge of the receipt and deposit of ballots
in the ballot box, the chief manager or one of the clerks shall issue the
ballots to electors after they are found entitled to vote, and the other clerk
shall have custody of the voter´s certificate binder and shall place the
voter´s certificates therein as they are received and approved. In
precincts in which voting machines are used, the other assistant manager or
clerk shall have custody of the voter´s certificate binder and shall place
the voter´s certificates therein as they are received and approved, and the
chief manager shall have special charge of the operation of the voting machine;
provided, however, that the The chief manager may make other
arrangements for the division of the duties imposed by this chapter, so long as
each poll officer is assigned some specific duty to perform. In municipal
primaries being held with separate precinct managers, the chief managers
appointed by each party shall jointly appoint the person or persons to be in
charge of the electors list. In all precincts, the chief manager shall assign an
assistant manager or a clerk to keep a numbered list of voters, in sufficient
counterparts, during the progress of the
voting."
SECTION 28.
Said chapter is further amended by striking subsection (c)
of Code Section 21-2-408, relating to poll watchers, in its entirety and
inserting in lieu thereof a new subsection (c) to read as
follows:
"(c)
In counties or municipalities using vote recorders, each political party
may appoint two poll watchers in each primary or election, each political body
may appoint two poll watchers in each election, each nonpartisan candidate may
appoint one poll watcher in each nonpartisan election, and each independent
candidate may appoint one poll watcher in each election to serve in the
locations designated by the superintendent within the tabulating center. Such
designated locations shall include the check-in area, the computer room, the
duplication area, and such other areas as the superintendent may deem necessary
to the assurance of fair and honest procedures in the tabulating center. The
poll watchers provided for in this subsection shall be appointed and serve in
the same manner as other poll watchers.
Reserved."
SECTION 29.
Said chapter is further amended by striking subsection (a)
of Code Section 21-2-409, relating to the assistance of electors who cannot read
English or who have physical disabilities, in its entirety and inserting in lieu
thereof a new subsection (a) to read as
follows:
"(a)
No elector shall receive any assistance in voting at any primary or election
unless he or she is unable to read the English language or he or she has a
physical disability which renders him or her unable to see or mark the ballot
or operate the voting machine or vote recorder or to enter the
voting compartment or booth without assistance and the poll officers are
satisfied that he or she suffers from the disability. Except for a blind
elector, before an elector shall be permitted to receive assistance, the elector
shall take an oath which shall be administered to him or her and placed in
writing by a manager, giving the reason why the elector requires assistance. The
name of each person assisting the elector shall be endorsed on the oath. An
elector who declares that by reason of blindness he or she is unable to cast a
vote as he or she wishes and who in the judgment of a manager is blind may
receive assistance on the basis of the blind elector's declaration without the
necessity of an oath. The name of each person assisting a blind elector shall be
shown on the
declaration."
SECTION 30.
Said chapter is further amended by striking subsections (a),
(b), and (f) of Code Section 21-2-413, relating to conduct of voters,
campaigners, and others at polling places generally, in their entirety and
inserting in lieu thereof new subsections (a), (b), and (f) to read as
follows:
"(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."
"(f)
All persons except poll officers, poll watchers, persons in the course of voting
and such persons´ children under 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 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."
SECTION 31.
Said chapter is further amended by striking Code Section
21-2-430, relating to opening of ballot boxes, in its entirety and inserting in
lieu thereof a new Code Section 21-2-430 to read as
follows:
"21-2-430.
In
precincts in which paper ballots are used, the poll officers shall, after
taking the oath, publicly open the ballot boxes which have been furnished to
them and shall, prior to opening of the polls, totally destroy any ballots and
other papers which they may find therein which are not intended for use in such
primary or election. When the polling place is opened, the ballot box shall be
securely locked and shall not be opened until the close of the polls, as
provided in Code Section 21-2-436. At the opening of the polls, the seals of the
packages furnished by the superintendent shall be publicly broken and such
packages shall be opened by the chief manager. The cards of instruction shall be
immediately posted in each voting compartment. Not less than three such cards
and notices of penalties shall be immediately posted in or about the voting room
outside the enclosed space; and such cards of instruction and notices of
penalties shall be given to any elector at his or her request so long as there
are any on hand."
SECTION 32.
Said chapter is further amended by striking subsection (a)
of Code Section 21-2-431, relating to the execution of a voter´s
certificate, in its entirety and inserting in lieu thereof a new subsection (a)
to read as
follows:
"(a)
At every primary and election at which paper ballots are used, each
elector who desires to vote shall first execute a voter´s certificate and
hand the same to the poll officer in charge of the electors list. When an
elector has been found entitled to vote, the poll officer who examined his or
her voter´s certificate shall sign his or her name or initials on the
voter´s certificate and shall, if the voter´s signature is not readily
legible, print such voter´s name under his or her signature. As each
elector is found to be qualified and votes, the poll officers shall check off
the elector´s name on the electors list and shall enter the number of the
stub of the ballot issued to him or her, or his or her number in the
order of admission to the voting machines, on the voter´s
certificate of such elector. As each elector votes, his or her name in the
order of voting shall be recorded in the numbered list of voters provided for
that purpose."
SECTION 33.
Said chapter is further amended by striking subsection (b)
of Code Section 21-2-433, relating to the admission of electors to the enclosed
space, in its entirety and inserting in lieu thereof a new subsection (b) to
read as
follows:
"(b)
As soon as an elector has been admitted within the enclosed space, the poll
officer having charge of the ballots in precincts in which paper ballots
are used shall detach a ballot from the stub and give it to the elector, first
folding it so that the words and figures printed on the face shall not be
visible, and no ballots shall be deposited in the ballot box unless folded in
the same manner. If an elector´s right to vote has been challenged for
cause under Code Section 21-2-230, the poll officer shall write the word
'Challenged' and the alleged cause of challenge on the back of the ballot. Not
more than one ballot shall be detached from its stub in any book of ballots at
any one time. Not more than one ballot shall be given to an elector; but, if an
elector inadvertently spoils a ballot, such elector may obtain another upon
returning the spoiled one. The ballots thus returned shall be immediately
canceled and at the close of the polls shall be enclosed in an envelope, which
shall be sealed and returned to the
superintendent."
SECTION 34.
Said chapter is further amended by striking subsections (a)
and (c) of Code Section 21-2-435, relating to the procedure as to marking and
depositing of ballots, in its entirety and inserting in lieu thereof new
subsections (a) and (c) to read as
follows:
"(a)
In precincts in which paper ballots are used, the elector, after
receiving his or her ballot, shall retire to one of the voting compartments and
draw the curtain or shut the screen or door and shall then prepare his or her
ballot; provided, however, that an elector may, before entering the voting
booth, ask for instructions concerning the manner of voting, and a poll officer
shall give him or her such instructions; but no person giving an elector such
instructions shall in any manner request, suggest, or seek to persuade or induce
any such elector to vote any particular ticket or for any particular candidate
or for or against any particular question. After giving such instructions and
before the elector closes the booth or votes, the poll officer shall retire and
the elector shall forthwith
vote."
"(c)
At elections, the elector shall prepare his or her ballot in the following
manner:
(1) He or she may vote for the candidates of
his or her choice for each office to be filled according to the number of
persons to be voted for by him or her for each office, by making a cross (X) or
check (T)
mark in the square opposite the name of the
candidate;
(2) He or she may write, in the blank space
provided therefor, any name not already printed on the ballot, and such
insertion shall count as a vote without the marking of a cross (X) or check
(T)
mark;
(3) If he or she desires to vote for
every candidate of a political party or body (except its candidates for the
offices of presidential electors), he or she may make a cross (X) or check
(T)
mark in the square opposite the name of the party or body of his or her choice
in the party or body column on the left of the ballot, and every such cross (X)
or check
(T)
mark shall be equivalent to and be counted as a vote for every candidate of a
party or body so marked, except its candidates for the offices of presidential
electors;
(4) If he or she
desires to vote for the presidential electors nominated by any party or body, he
or she may make a cross (X) or check
(T) mark in
the appropriate square at the left of the names of the candidates for President
and Vice President of such party or body;
and
(5)(4) In case of a
question submitted to the vote of the electors, he or she may make a cross (X)
or check
(T) mark in
the appropriate square opposite the answer which he or she desires to
give."
SECTION 35.
Said chapter is further amended by striking Code Section
21-2-436, relating to the duties of poll officers after the close of the polls,
in its entirety and inserting in lieu thereof a new Code Section 21-2-436
to read as
follows:
"21-2-436.
After
the polls are closed and the last elector has voted in precincts in which
paper ballots are used, at least two poll officers shall remain within
the enclosed space. Before the ballot box is opened, the number of ballots
issued to electors, as shown by the stubs, and the number of ballots, if any,
spoiled and returned by electors and canceled, shall be announced to all present
in the voting room and entered upon the general returns of votes cast at such
primary or election. The poll officer shall then compare the number of electors
voting as shown by the stubs with the number of names shown as voting by the
electors list, voter´s certificates, and the numbered list of voters, and
shall announce the result, and shall enter on the general returns the number of
electors who have voted, as shown by the voter´s certificates. If any
differences exist, they shall be reconciled, if possible; otherwise, they shall
be noted on the general returns. The electors list, the voter´s
certificates, the numbered list of voters, and the stubs of all ballots used,
together with all unused ballots, all spoiled and canceled ballots, and all
rejected voter´s certificates, shall then be placed in separate packages,
containers, or envelopes and sealed before the ballot box is
opened."
SECTION 36.
Said chapter is further amended by striking subsection (e)
of Code Section 21-2-437, relating to the procedure as to count and return of
votes generally, in its entirety and inserting in lieu thereof a new subsection
(e) to read as
follows:
"(e)
Any paper ballot marked by any other mark than a cross (X) or check
(T) mark in
the spaces provided for that purpose shall be void and not counted; provided,
however, that no vote recorded thereon shall be declared void because a cross
(X) or check
(T) mark
thereon is irregular in form. Notwithstanding any other provisions of
this chapter to the contrary, if the voter has marked his or her ballot in such
a manner that he or she has indicated clearly and without question the candidate
which he or she desires to receive his or her vote, his or her ballot shall be
counted and such candidate shall receive his vote. A cross (X) or
check
(T)
mark in the square opposite the names of the nominees of a political party or
body for the offices of President and Vice President shall be counted as a vote
for every candidate of that party or body for the offices of presidential
electors."
SECTION 37.
Said chapter is further amended by striking Code Section
21-2-438, relating to ballots identifying vote, not marked, or improperly marked
declared void, in its entirety and inserting in lieu thereof a new Code Section
21-2-438 to read as
follows:
"21-2-438.
(a)
Any ballot marked so as to identify the voter shall be void and not counted,
except a ballot cast by a challenged elector whose name appears on the electors
list; such challenged vote shall be counted as prima facie valid but may be
voided in the event of an election contest. Any ballot marked by anything but
pen or pencil shall be void and not counted. Any erasure, mutilation, or defect
in the vote for any candidate shall render void the vote for such candidate but
shall not invalidate the votes cast on the remainder of the ballot, if otherwise
properly marked. If an elector shall mark his or her ballot for more persons for
any nomination or office than there are candidates to be voted for such
nomination or office, or if, for any reason, it may be impossible to determine
his or her choice for any nomination or office, his or her ballot shall not be
counted for such nomination or office; but the ballot shall be counted for all
nominations or offices for which it is properly marked. Ballots not marked or
improperly or defectively marked so that the whole ballot is void, shall be set
aside and shall be preserved with the other ballots. In primaries, votes cast
for candidates who have died, withdrawn, or been disqualified shall be void and
shall not be counted. In elections, votes for candidates who have died or been
disqualified shall be void and shall not be
counted.
(b) At elections, any ballot
marked by any other mark than a cross (X) or check
(T)
mark in the spaces provided for that purpose shall be void and not counted;
provided, however, that no vote recorded thereon shall be declared void because
a cross (X) or check
(T)
mark thereon is irregular in form. A cross (X) or check
(T)
mark in the square opposite the names of the nominees of a political party or
body for the offices of President and Vice President shall be counted as a vote
for every candidate of that party or body for the offices of presidential
electors. Any ballot indicating a write-in for any person whose name is not
printed on the ballot and who properly gave notice of intent to run as a
write-in candidate pursuant to Code Section 21-2-133 shall be counted as a vote
for such person, if written in the proper space or spaces provided for that
purpose, whether or not a cross (X) or check
(T)
mark is placed before the name of such
person.
(c) Notwithstanding any other
provisions of this chapter to the contrary, if the elector has marked his or her
ballot in such a manner that he or she has indicated clearly and without
question the candidate for whom he or she desires to cast his or her vote, his
or her ballot shall be counted and such candidate shall receive his or her vote,
notwithstanding the fact that the elector in indicating his or her choice may
have marked his or her ballot in a manner other than as prescribed by this
chapter.
Reserved."
SECTION 38.
Said chapter is further amended by striking Parts 3, 4, and
5 of Article 11, relating to the preparation for and conduct of primaries and
elections for precincts using voting machines, vote recorders, and optical
scanning voting equipment, respectively, in their entirety and inserting in lieu
thereof a new Part 3 to read as follows:
"Part
3
21-2-450.
In precincts using
optical scan vote counting systems, the poll officers shall, after taking the
oath, publicly open the ballot boxes which have been furnished to them and
shall, prior to the opening of the polls, totally destroy any ballots and other
papers which they may find therein which are not intended for use in such
primary or election. When the polling place is opened, the ballot box and
tabulating machine controls shall be securely locked and shall not be opened
until the close of the polls. At the opening of the polls, the seals of the
packages furnished by the superintendent shall be publicly broken and such
packages shall be opened by the chief manager. The cards of instruction shall be
immediately posted in each voting booth or compartment. Not less than three such
cards and notices of penalties shall be immediately posted in or about the
voting room outside the enclosed space; and such cards of instruction and
notices of penalties shall be given to any elector at his or her request so long
as there are any on
hand.
21-2-451.
(a) At
every primary and election, each elector who desires to vote shall first execute
a voter´s certificate and hand the same to the poll officer in charge of
the electors list. When an elector has been found entitled to vote, the poll
officer who examined his or her voter´s certificate shall sign his or her
name or initials on the voter´s certificate and shall, if the voter´s
signature is not readily legible, print such voter´s name under his or her
signature. As each elector is found to be qualified and votes, the poll officers
shall check off the elector´s name on the electors list and shall enter the
number of the stub of the ballot issued to him or her on the voter´s
certificate of such elector. As each elector votes, his or her name in the order
of voting shall be recorded in the numbered list of voters provided for that
purpose.
(b) If any elector was unable to sign his
or her name at the time of registration or if, having been able to sign his or
her name when registered, he or she subsequently shall have become, through
physical disability, unable to sign his or her name when he or she applies to
vote, he or she shall establish his or her identity to the satisfaction of the
poll officers; and in such case he or she shall not be required to sign a
voter´s certificate, but a certificate shall be prepared for him or her by
a poll officer, upon which the facts as to such disability shall be noted and
attested by the signature of such poll officer.
(c)
Except as provided in Code Sections 21-2-218 and 21-2-386, no person shall vote
at any primary or election at any polling place outside the precinct in which
such person resides, nor shall such person vote in the precinct in which such
person resides unless such person has been registered as an elector and such
person´s name appears on the electors list of such
precinct.
21-2-452.
After
each elector has been admitted to vote, his or her voter´s certificate
shall be inserted in the binder provided therefor by the registrars, and known
as the voter´s certificate binder, and such voter´s certificates so
bound shall constitute the official list of electors voting at such primary or
election. All voter´s certificates prepared by persons applying to vote
whose applications to vote are refused by the poll officers shall be separately
preserved and returned to the superintendent with the other
papers.
21-2-453.
(a) No
elector shall enter the enclosed space behind the guardrail provided for in
subsection (a) of Code Section 21-2-267 until he or she is found entitled
to vote.
(b) When an elector has been admitted into
the enclosed space, the poll officer having charge of the official
ballots shall detach a ballot from the stub and give it to the elector. If an
elector´s right to vote has been challenged for cause under Code Section
21-2-230, the poll officer shall write the word 'Challenged' and the alleged
cause of challenge on the back of the ballot. Not more than one ballot shall be
detached from its stub in any book of ballots at any one time. Not more than one
ballot shall be given to an elector; but, if an elector inadvertently spoils a
ballot, such elector may obtain another upon returning the spoiled one. The
ballots thus returned shall be immediately canceled and at the close of the
polls shall be enclosed in an envelope, which shall be sealed and returned to
the
superintendent.
21-2-454.
No
official ballot shall be taken or detached from its stub in any book of ballots,
except by a poll officer when a person desiring to vote has been found to be an
elector entitled to vote. No person other than the poll officers shall take or
remove any ballot from the polling place. Only official ballots shall be
deposited in the tabulating machine and counted, except as otherwise provided in
this part. If any ballot appears to have been obtained otherwise than from the
superintendent as provided by this article, the same shall not be counted; and
the chief manager shall transmit such ballot to the district attorney without
delay, together with whatever information he or she may have regarding the
same.
21-2-455.
(a) In
precincts in which optical scan vote counting systems are used, the elector,
after receiving his or her ballot, shall retire to one of the voting booths or
compartments and shall then prepare his or her ballot; provided, however, that
an elector may, before entering the voting booth or compartment, ask for
instructions concerning the manner of voting, and a poll officer shall give him
or her such instructions; but no person giving an elector such instructions
shall in any manner request, suggest, or seek to persuade or induce any such
elector to vote any particular ticket or for any particular candidate or for or
against any particular question. After giving such instructions and before the
elector enters the booth or compartment or votes, the poll officer shall retire
and the elector shall forthwith vote.
(b) At
primaries, the elector shall prepare his or her ballot in the following manner:
he or she shall vote for the candidates of his or her choice for nomination or
election, according to the number of persons to be voted for by him or her, for
each office, by completely filling in the oval or the square opposite the name
of each candidate. No elector shall be permitted to cast a write-in ballot in a
primary.
(c) At elections, the elector shall prepare
his or her ballot in the following manner:
(1) He or
she may vote for the candidates of his or her choice for each office to be
filled according to the number of persons to be voted for by him or her for each
office, by completely filling in the oval or the square opposite the name of the
candidate;
(2) He or she may write, in the blank space
provided therefor, any name not already printed on the ballot, and completely
fill in the oval or the square opposite the write-in
space;
(3) If he or she desires to vote for the
presidential electors nominated by any party or body, he or she may completely
fill in the oval or the square next to the names of the candidates for President
and Vice President of such party or body; and
(4) In
case of a question submitted to the vote of the electors, he or she may
completely fill in the oval or the square opposite the answer which he or she
desires to give.
(d) He or she shall then leave the
compartment and shall immediately deposit the ballot in the tabulating
machine.
21-2-456.
(a) In
primaries and elections in which optical scan vote counting systems are used,
the ballots shall be counted at the precinct.
(b) All
proceedings at the precincts shall be open to the view of the public, but no
person except the superintendent, the superintendent´s authorized deputy, a
poll officer, or a poll worker shall touch any ballot or ballot container.
(c) For any election for which there is a qualified
write-in candidate, the feature on the tabulating machine allowing separation of
write-in votes shall be utilized. If any vote cast on the write-in ballot in
combination with the vote cast for the same office on the ballot exceeds the
allowed number for the office, the vote cast for that office only shall not be
counted. In the discretion of the superintendent, either a duplicate ballot
shall be made on which any invalid vote shall be omitted or the write-in ballot
and the ballot shall be counted in such manner as may be prescribed by State
Election Board rules, omitting the invalid vote.
(d)
The tabulating machine shall be programmed to return to the voter at the time
that the voter inserts the ballot any ballot that cannot be processed by the
tabulator for reevaluation or correction or spoiling of the ballot, and a new
ballot shall be issued if needed.
(e) The official
returns of the votes cast on ballots at each polling place shall be printed by
the tabulating machine. The returns thus prepared shall be certified and
promptly posted. The unused ballots; voted ballots; ballots; spoiled, defective,
and invalid ballots; and returns shall be filed and retained as provided by
law.
21-2-457.
After the
polls are closed and the last elector has voted in precincts in which optical
scan vote counting systems are used, at least two poll officers shall remain
within the enclosed space. Before the ballot box is opened or the controls of
the tabulating machine are unlocked, the number of ballots issued to electors,
as shown by the stubs, and the number of ballots, if any, spoiled and returned
by electors and canceled, shall be announced to all present in the voting room
and entered upon the general returns of votes cast at such primary or election.
The poll officers shall then compare the number of electors voting as shown by
the stubs with the number of names shown as voting by the electors list,
voter´s certificates, and the numbered list of voters and shall announce
the result and shall enter on the general returns the number of electors who
have voted, as shown by the voter´s certificates. If any differences
exist, they shall be reconciled, if possible; otherwise, they shall be noted on
the general returns. The electors list, the voter´s certificates, the
numbered list of voters, and the stubs of all ballots used, together with all
unused ballots, all spoiled and canceled ballots, and all rejected voter´s
certificates, shall then be placed in separate packages, containers, or
envelopes and sealed before the ballot box is opened or the controls of the
tabulating machine are
unlocked.
21-2-458.
After
completing the duties set forth in Code Section 21-2-457, the poll officers
shall feed the ballots from the auxiliary compartment of the ballot box which
have not yet been counted by the tabulating machine, if any, through the
tabulating machine and, after all such ballots have been fed through the
tabulator, the poll officers shall cause the tabulating machine to print out a
tape with the total votes cast in each election. The poll officers shall then
identify all valid write-in votes and total all such votes. Such write-in votes
shall be counted and recorded in the manner in which they were written by the
elector. The superintendent, in computing the votes cast at any election, shall
compute and certify only those write-in votes properly cast for candidates who
have given proper notice of intent to be write-in candidates pursuant to Code
Section 21-2-133 exactly as such names were written by the
elector."
SECTION 39.
Said chapter is further amended by striking subsections (c)
through (l) of Code Section 21-2-493, relating to the computation, canvassing,
and tabulation of returns, in their entirety and inserting in lieu thereof new
subsections (c) through (i) to read as
follows:
"(c)
In precincts in which paper ballots or vote recorders have been used,
the The superintendent may require the production of the ballot
box and the recount of the ballots contained in such ballot box, either
generally or respecting the particular office, nomination, or question as to
which the excess exists, in the discretion of the superintendent, and may
require the correction of the returns in accordance with the result of such
recount. If the ballot box is found to contain more ballots than there are
electors registered in such precinct or more ballots than the number of voters
who voted in such precinct at such primary or election, the superintendent may,
in his or her discretion, exclude the poll of that precinct, either as to all
offices, candidates, questions, or parties and bodies or as to any particular
offices, candidates, questions, or parties and bodies, as to which such excess
exists.
(d) In precincts in which voting
machines have been used, the superintendent may require a recanvass of the votes
recorded on the machines used in the precinct, as provided in Code Section
21-2-495.
(e) In precincts in which
paper ballots or vote recorders have been used, the The general
returns made by the poll officers from the various precincts shall be read one
after another in the usual order, slowly and audibly, by one of the assistants
who shall, in each case of a return from a precinct in which ballots were used,
read therefrom the number of ballots issued, spoiled, canceled, and cast,
respectively, whereupon the assistant having charge of the records of the
superintendent showing the number of ballots furnished for each precinct,
including the number of stubs and unused ballots and spoiled and canceled
ballots returned, shall publicly announce the number of the same respectively;
and, unless it appears by such number or calculations therefrom that such
records and such general return correspond, no further returns shall be read
from the latter until all discrepancies are explained to the satisfaction of the
superintendent.
(f) In precincts in which
voting machines have been used, there shall be read from the general return the
identifying number or other designation of each voting machine used and the
numbers registered on the protective counter or device on each machine prior to
the opening of the polls and immediately after the close of the same, whereupon
the assistant having charge of the records of the superintendent showing the
number registered on the protective counter or device of each voting machine
prior to delivery at the polling place shall publicly announce the numbers so
registered; and, unless it appears that such records and such general return
correspond, no further returns shall be read from the latter until any and all
discrepancies are explained to the satisfaction of the
superintendent.
(e) (g) In
precincts in which paper ballots have been used, when When the
records agree with such returns regarding the number of ballots and the number
of votes recorded for each candidate, such votes for each candidate shall be
read by an assistant slowly, audibly, and in an orderly manner from the general
return which has been returned unsealed; and the figures announced shall be
compared by other assistants with the general return which has been returned
sealed. The figures announced for all precincts shall be compared by one of the
assistants with the tally papers from the respective precincts. If any
discrepancies are discovered, the superintendent shall examine all of the return
sheets, tally papers, and other papers in his or her possession relating to the
same precinct. If the tally papers and sealed general return sheet agree, the
unsealed general return shall be immediately corrected to conform thereto. In
every other case the superintendent shall immediately cause the ballot box of
the precinct to be opened and the vote therein to be recounted in the presence
of interested candidates or their representatives; and, if the recount shall not
be sufficient to correct the error, the superintendent may summon the poll
officers to appear immediately with all election papers in their
possession.
(h) In precincts in which voting
machines have been used, when the records agree with the returns regarding the
number registered on the voting machine, the votes recorded for each candidate
shall be read by an assistant slowly, audibly, and in an orderly manner from the
general return sheet which has been returned unsealed; and the figures announced
shall be compared by other assistants with the duplicate return sheet which has
been returned sealed. If the voting machine is of the type equipped with a
mechanism for printing paper proof sheets, such general and duplicate return
sheets shall also be compared with such proof sheets, which have been returned
as aforesaid. If any discrepancies are discovered, the superintendent shall
examine all of the return sheets, proof sheets, and other papers in his or her
possession relating to the same precinct. Such proof sheets shall be deemed to
be prima-facie evidence of the result of the primary or election and to be prima
facie accurate; and, if the proper proof sheets, properly identified, shall be
mutually consistent and if the general and duplicate returns or either of such
returns from such precinct shall not correspond with such proof sheets, they
shall be corrected so as to correspond with such proof sheets in the absence of
allegation of specific fraud or error proved to the satisfaction of the
superintendent.
(i)
(f) If any error or fraud is discovered, the superintendent shall
compute and certify the votes justly, regardless of any fraudulent or erroneous
returns presented to him or her, and shall report the facts to the appropriate
district attorney for action.
(j)
(g) The superintendent shall see that the votes shown by each absentee
ballot are added to the return received from the precinct of the elector casting
such ballot.
(k) (h) As the
returns from each precinct are read, computed, and found to be correct or
corrected as aforesaid, they shall be recorded on the blanks prepared for the
purpose until all the returns from the various precincts which are entitled to
be counted shall have been duly recorded; then they shall be added together,
announced, and attested by the assistants who made and computed the entries
respectively and shall be signed by the superintendent. The consolidated returns
shall then be certified by the superintendent in the manner required by this
chapter. Such returns shall be certified by the superintendent not later than
5:00 P.M. on the seventh day following the date on which such election was
held.
(l) (i) In such case
where the results of an election contest change the returns so certified, a
corrected return shall be certified and filed by the superintendent which makes
such corrections as the court
orders."
SECTION 40.
Said chapter is further amended by striking Code Section
21-2-495, relating to the procedure for recount or recanvass of votes, in its
entirety and inserting in lieu thereof a new Code Section 21-2-495 to read as
follows:
"21-2-495.
(a)
In precincts where paper ballots or vote recorders have been used,
the The superintendent may, either of his or her own motion or
upon petition of any candidate or political party, order the recount of all the
ballots for a particular precinct or precincts for one or more offices in which
it shall appear that a discrepancy or error, although not apparent on the face
of the returns, has been made. Such recount may be held at any time prior to the
certification of the consolidated returns by the superintendent and shall be
conducted under the direction of the superintendent. Before making such recount,
the superintendent shall give notice in writing to each candidate and to the
county or municipal chairperson of each party or body affected by the recount.
Each such candidate may be present in person or by representative, and each such
party or body may send two representatives to be present at such recount. If
upon such recount, it shall appear that the original count by the poll officers
was incorrect, such returns and all papers being prepared by the superintendent
shall be corrected accordingly.
(b) In
precincts where voting machines have been used, whenever it appears that there
is a discrepancy in the returns recorded for any voting machine or machines or
that an error, although not apparent on the face of the returns, exists, the
superintendent shall, either of his or her own motion or upon the sworn petition
of three electors of any precinct, order a recanvass of the votes shown on that
particular machine or machines. Such recanvass may be conducted at any time
prior to the certification of the consolidated returns by the superintendent. In
conducting such recanvass, the superintendent shall summon the poll officers of
the precinct; and such officers, in the presence of the superintendent, shall
make a record of the number of the seal upon the voting machine or machines and
the number of the protective counter or other device; shall make visible the
registering counters of each such machine; and, without unlocking the machine
against voting, shall recanvass the vote thereon. Before making such recanvass,
the superintendent shall give notice in writing to the custodian of voting
machines, to each candidate, and to the county or municipal chairperson of each
party or body affected by the recanvass. Each such candidate may be present in
person or by representative, and each of such parties or bodies may send two
representatives to be present at such recanvass. If, upon such recanvass, it
shall be found that the original canvass of the returns has been correctly made
from the machine and that the discrepancy still remains unaccounted for, the
superintendent, with the assistance of the custodian, in the presence of the
poll officers and the authorized candidates and representatives, shall unlock
the voting and counting mechanism of the machine and shall proceed thoroughly to
examine and test the machine to determine and reveal the true cause or causes,
if any, of the discrepancy in returns from such machine. Each counter shall be
reset at zero before it is tested, after which it shall be operated at least 100
times. After the completion of such examination and test, the custodian shall
then and there prepare a statement, in writing, giving in detail the result of
the examination and test; and such statement shall be witnessed by the persons
present and shall be filed with the superintendent. If, upon such recanvass, it
shall appear that the original canvass of the returns by the poll officers was
incorrect, such returns and all papers being prepared by the superintendent
shall be corrected accordingly; provided, however, that in the case of returns
from any precinct wherein the primary or election was held by the use of a
voting machine equipped with a mechanism for printing paper proof sheets, such
proof sheets, if mutually consistent, shall be deemed to be prima-facie evidence
of the result of the primary or election and to be prima facie accurate; and
there shall not be considered to be any discrepancy or error in the returns from
any such precinct, such as to require a recanvass of the vote, if all available
proof sheets, from the voting machine used therein, identified to the
satisfaction of the superintendent and shown to his or her satisfaction to have
been produced from proper custody, shall be mutually consistent; and, if the
general and duplicate returns, or either of such returns from such precincts
shall not correspond with such proof sheets, they and all other papers being
prepared by the superintendent shall be corrected so as to correspond with such
proof sheets in the absence of allegation of specific fraud or error proved to
the satisfaction of the superintendent by the weight of the evidence; and only
in such case shall the vote of such precinct be recanvassed under this Code
section.
(c) Whenever the
difference between the number of votes received by a candidate who has been
declared nominated for an office in a primary election or who has been declared
elected to an office in an election or who has been declared eligible for a
run-off primary or election and the number of votes received by any other
candidate or candidates not declared so nominated or elected or eligible for a
runoff shall be not more than 1 percent of the total votes which were cast for
such office therein, any such candidate or candidates receiving a sufficient
number of votes so that the difference between his or her vote and that of a
candidate declared nominated, elected, or eligible for a runoff is not more than
1 percent of the total votes cast, within a period of five days following the
certification of the election results, shall have the right to a recount of the
votes cast, if such request is made in writing by the losing candidate. If the
office sought is a federal or state office voted upon by the electors of more
than one county, the request shall be made to the Secretary of State who shall
direct that the recount be performed in all counties in which electors voted for
such office and notify the superintendents of the several counties involved of
the request. In all other cases, the request shall be made to the
superintendent. The superintendent or superintendents shall order a recount of
such votes to be made immediately. If, upon such recount, it is determined that
the original count was incorrect, the returns and all papers prepared by the
superintendent, the superintendents, or the Secretary of State shall be
corrected accordingly and the results
recertified.
(d) (c) Any other
provision of this Code section to the contrary notwithstanding, a candidate for
a federal or state office voted upon by the electors of more than one county may
petition the Secretary of State for a recount or recanvass of
votes, as appropriate, when it appears that a discrepancy or
error, although not apparent on the face of the returns, has been made. The
recount or recanvass may be ordered in the discretion of the
Secretary of State in any and all counties in which electors voted for such
office, and said recount or recanvass may be held at any time
prior to the certification of the consolidated returns by the Secretary of
State. A recount or recanvass shall be conducted by the
appropriate superintendent or superintendents in the manner and pursuant to the
procedures otherwise provided in this Code section for a recount or
recanvass, as appropriate. The petition pursuant to this Code section
shall be in writing and signed by the person or persons requesting the recount
or recanvass. A petition shall set forth the discrepancies or
errors and any evidence in support of the petitioner´s request for a
recount or recanvass and shall be verified. The Secretary of
State may require the petitioner or other persons to furnish additional
information concerning the apparent discrepancies or errors in the counting
or canvassing of
votes."
SECTION 41.
Said chapter is further amended by striking Code Section
21-2-500, relating to delivery of voting materials, in its entirety and
inserting in lieu thereof a new Code Section 21-2-500 to read as
follows:
"21-2-500.
(a)
Immediately upon completing the returns required by this article, in the case of
elections other than municipal elections, the superintendent shall deliver in
sealed containers to the clerk of the superior court or, if designated by the
clerk of the superior court, to the county records manager or other office or
officer under the jurisdiction of a county governing authority which maintains
or is responsible for records, as provided in Code Section 50-18-99, the used
and void ballots and the stubs of all ballots used; one copy of the oaths of
poll officers; and one copy of each numbered list of voters, tally paper,
voting machine paper proof sheet, and return sheet involved in
the primary or election. In addition, the superintendent shall deliver copies of
the voting machine and vote recorder ballot labels, computer
chips containing ballot tabulation programs, copies of computer records of
ballot design, computer programming decks disks for
ballot tabulation programs, and similar items or an electronic record of the
program by which votes are to be recorded or tabulated, which is captured prior
to the election, and which is stored on some alternative medium such as a CD-ROM
or floppy disk simultaneously with the burning of the PROM or other memory
storage device. The clerk, county records manager, or the office or officer
designated by the clerk shall hold such ballots and other documents under seal,
unless otherwise directed by the superior court, for at least 24 months, after
which time they shall be presented to the grand jury for inspection at its next
meeting. Such ballots and other documents shall be preserved in the office of
the clerk, county records manager, or officer designated by the clerk until the
adjournment of such grand jury, and then they may be destroyed, unless otherwise
provided by order of the superior court.
(b) The
superintendent shall retain all unused ballots for 30 days after the election or
primary and, if no challenge or contest is filed prior to or during that period
that could require future use of such ballots, may thereafter destroy such
unused ballots. If a challenge or contest is filed during that period that could
require the use of such ballots, they shall be retained until the final
disposition of the challenge or contest and, if remaining unused, may thereafter
be destroyed.
(c) Immediately upon completing the
returns required by this article, the municipal superintendent shall deliver in
sealed containers to the city clerk the used and void ballots and the stubs of
all ballots used; one copy of the oaths of poll officers; and one copy of each
numbered list of voters, tally paper, voting machine paper proof
sheet, and return sheet involved in the primary or election. In
addition, the municipal superintendent shall deliver copies of the
voting machine and vote recorder ballot labels, computer chips
containing ballot tabulation programs, copies of computer records of ballot
design, computer programming decks disks for ballot
tabulation programs, and similar items. Such ballots and other documents shall
be preserved under seal in the office of the city clerk for at least 24 months;
and then they may be destroyed unless otherwise provided by order of the mayor
and council if a contest has been filed or by court order, provided that the
electors list, voter´s certificates, and duplicate oaths of assisted
electors shall be immediately returned by the superintendent to the county or
municipal registrar as
appropriate."
SECTION 42.
Said chapter is further amended by striking Code Section
21-2-545, relating to procedure as to unopposed candidates, in its entirety and
inserting in lieu thereof a new Code Section 21-2-545 to read as
follows:
"21-2-545.
Any
other provision of law to the contrary notwithstanding, in the event there is no
opposed candidate in a precinct in a special primary, no special primary shall
be held in such precinct. The proper officials of the unopposed candidate´s
political party shall certify him or her as the party nominee for the office
involved for the purpose of having his or her name placed upon the special
election ballots or ballot labels. Where feasible, the
superintendent shall provide notice reasonably calculated to inform the affected
electorate that no special primary election is to be conducted. Each such
unopposed candidate shall be deemed to have voted for himself or herself. The
superintendent shall certify any such unopposed candidate as nominated in the
same manner as he or she certifies other candidates nominated pursuant to Code
Section 21-2-493."
SECTION 43.
Said chapter is further amended by striking Code Section
21-2-566, relating to interference with primaries and elections generally, in
its entirety and inserting in lieu thereof a new Code Section 21-2-566 to read
as
follows:
"21-2-566.
Any
person who:
(1) Willfully prevents or attempts to
prevent any poll officer from holding any primary or election under this
chapter;
(2) Uses or threatens violence to any poll
officer or interrupts or improperly interferes with the execution of his or her
duty;
(3) Willfully blocks or attempts to block the
avenue to the door of any polling place;
(4) Uses or
threatens violence to any elector to prevent him or her from voting;
(5) Willfully prepares or presents to any poll
officer a fraudulent voter´s certificate not signed by the elector whose
certificate it purports to be;
(6) Knowingly
deposits fraudulent ballots in the ballot box;
or
(7) Knowingly registers fraudulent
votes upon any voting machine;
or
(8) Willfully tampers with
any electors list, voter´s certificate, numbered list of voters, ballot
box, voting machine, vote recorder, or tabulating
machine
shall be guilty of a
felony."
SECTION 44.
Said chapter is further amended by striking paragraphs (1)
and (2) of Code Section 21-2-568, relating to entry into voting compartment or
booth while another is voting, in their entirety and inserting in lieu thereof
new paragraphs (1) and (2) to read as
follows:
"(1)
Goes into the voting compartment or voting machine booth while
another is voting or marks the ballot or ballot card or registers the
vote for another, except in strict accordance with this chapter;
(2) Interferes with any elector marking his or her
ballot or ballot card or registering his or her
vote;"
SECTION 45.
Said chapter is further amended by striking Code Section
21-2-575, relating to counterfeit ballots, ballot cards, or ballot labels, in
its entirety and inserting in lieu thereof a new Code Section 21-2-575 to read
as
follows:
"21-2-575.
(a)
Any person who makes, constructs, or has in his or her possession any
counterfeit of an official ballot, or ballot
card, or ballot label shall be guilty of a felony.
(b) This Code section shall not be applied to
facsimile ballots printed and published as an aid to electors in any newspaper
generally and regularly circulated within this state, so long as such facsimile
ballot is at least 25 percent larger or smaller than the official ballot of
which it is a facsimile. This Code section shall not be applied to any sample or
facsimile ballots or ballot labels obtained under Code Section
21-2-400. Nothing in this Code section shall be so construed as to prohibit the
procurement and distribution of reprints of the said newspaper printings; nor
shall it be so construed as to prohibit the preparation and distribution by
election officials of facsimile ballots and ballot labels or
portions thereof, provided that they are of a different color and at least 25
percent larger or smaller than the official ballots or ballot
labels.
(c) Nothing in this Code section
shall be so construed as to prohibit any person from procuring and distributing
reprints or portions of reprints of any sample or facsimile ballots or
ballot labels as provided in Code Section 21-2-400, provided such
reprints or portions of reprints are of a different color and at least 25
percent larger or smaller than the official ballots or ballot
labels."
SECTION 46.
Said chapter is further amended by striking Code Section
21-2-579, relating to fraudulently allowing ballot, ballot card, or voting
machine to be seen, in its entirety and inserting in lieu thereof a new Code
Section 21-2-579 to read as
follows:
"21-2-579.
Any
voter at any primary or election who:
(1) Allows his
or her ballot, or ballot card, or the face of
the voting machine used by him or her to be seen by any person with the
apparent intention of letting it be known for a fraudulent purpose how he or she
is about to vote;
(2) Casts or attempts to cast any
other than the official ballot or ballot card which has been given to him or her
by the proper poll officer, or advises or procures another to do so;
(3) Without having made the affirmation under oath or
declaration required by Code Section 21-2-409, or when the disability which he
or she declared at the time of registration no longer exists, permits another to
accompany him or her into the voting compartment or voting
machine booth or to mark his or her ballot or ballot card or to
register his or her vote on the voting machine or vote recorder; or
(4) States falsely to any poll officer that because
of his or her inability to read the English language or because of blindness,
near-blindness, or other physical disability he or she cannot mark the ballot or
ballot card or operate the voting machine without
assistance
shall be guilty of a
misdemeanor."
SECTION 47.
Said chapter is further amended by striking Code Section
21-2-580, relating to tampering with, damaging, improper preparation of, or
prevention of proper operation of voting machines, in its entirety and inserting
in lieu thereof a new Code Section 21-2-580 to read as
follows:
"21-2-580.
Any
person who:
(1) Unlawfully opens, tampers with, or
damages any voting tabulating machine to be used or
being used at any primary or election;
(2) Willfully
prepares a voting tabulating machine for use in a
primary or election in improper order for voting; or
(3) Prevents or attempts to prevent the correct
operation of such machine
shall be guilty of a
felony."
SECTION 48.
Said chapter is further amended by striking Code Section
21-2-581, relating to unauthorized making or possession of voting machine key,
in its entirety and inserting in lieu thereof a new Code Section 21-2-581 to
read as
follows:
"21-2-581.
Any
unauthorized person who makes or knowingly has in his or her possession a key to
a voting tabulating machine to be used or being used in
any primary or election shall be guilty of a
felony."
SECTION 49.
Said chapter is further amended by striking Code Section
21-2-582, relating to tampering with, damaging, or preventing of proper
operation of vote recorders or tabulating machines, in its entirety and
inserting in lieu thereof a new Code Section 21-2-582 to read as
follows:
"21-2-582.
Any
person who tampers with or damages any vote recorder or tabulating machine to be
used or being used at or in connection with any primary or election or who
prevents or attempts to prevent the correct operation of any vote recorder or
tabulating machine shall be guilty of a felony.
Reserved."
SECTION 50.
Said chapter is further amended by striking Code Section
21-2-582.1, relating to penalty for voting equipment modification, in its
entirety and inserting in lieu thereof a new Code Section 21-2-582.1 to read as
follows:
"21-2-582.1.
(a)
For the purposes of this Code section, the term 'voting equipment' shall mean
a voting machine, vote recorder, tabulating machine, an
optical scanning vote scan vote counting system,
or direct electronic recording voting
system.
(b) Any person or entity, including
but not limited to a manufacturer or seller of voting equipment, who alters,
modifies, or changes any aspect of such voting equipment without prior approval
of the Secretary of State is guilty of a
felony."
SECTION 51.
Said chapter is further amended by striking Code Section
21-2-587, relating to frauds by poll officers, in its entirety and inserting in
lieu thereof a new Code Section 21-2-587 to read as
follows:
"21-2-587.
Any
poll officer who willfully:
(1) Makes a false return
of the votes cast at any primary or election;
(2)
Deposits fraudulent ballots or ballot cards in the ballot box or certifies as
correct a false return of ballots or ballot cards;
(3) Registers fraudulent votes upon any
voting machine or certifies as correct a return of fraudulent votes cast upon
any voting machine;
(4)
Makes any false entries in the electors list;
(5)(4) Destroys or alters any
ballot, ballot card, voter´s certificate, or electors list;
(6)(5) Tampers with any
voting machine, vote recorder, or tabulating machine;
(7)(6) Prepares or files any
false voter´s certificate not prepared by or for an elector actually voting
at such primary or election; or
(8)(7) Fails to return to the
officials prescribed by this chapter, following any primary or election, any
keys of a voting tabulating machine, ballot box, general
or duplicate return sheet, tally paper, oaths of poll officers, affidavits of
electors and others, record of assisted voters, numbered list of voters,
electors list, voter´s certificate, spoiled, and canceled
ballots or ballot cards, ballots or ballot cards deposited, written, or
affixed in or upon a voting machine, or any
certificate, or any other paper or record required to be
returned under this chapter
shall be guilty of a
felony."
SECTION 52.
Said chapter is further amended by striking Code Section
21-2-591, relating to poll officers permitting unlawful assistance to voters, in
its entirety and inserting in lieu thereof a new Code Section 21-2-591 to read
as
follows:
"21-2-591.
Any
poll officer who permits a voter to be accompanied by another into the voting
compartment or voting machine booth when such poll officer
knows that the disability which the voter declared at the time of registration
no longer exists or that the disability which the voter declared at the time of
voting did not exist shall be guilty of a
misdemeanor."
SECTION 53.
For the purposes of evaluating and purchasing optical scan
vote counting equipment, the development and publication of forms and documents
required by this Act, and the promulgation of rules and regulations necessary to
implement the provisions of this Act, this Act shall become effective upon its
approval by the Governor or upon its becoming law without such approval. For
all other purposes, this Act shall become effective on January 1,
2002.
SECTION 54.
All laws and parts of laws in conflict with this Act are
repealed.