08 LC 28
3812
House
Bill 917
By:
Representative Oliver of the
83rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to primaries and elections generally, so as to provide for the creation of an
Office of State Election Administration; to provide for a definition; to provide
for a chief election officer to replace the State Election Board and the
Secretary of State in the administration of election laws; to provide for
selection, powers and duties, and compensation of the chief election officer; to
provide for staffing; to provide for certain limitations on the chief election
officer and employees of the Office State Election Administration; to provide
for an advisory group to assist the chief election officer; to provide for its
composition and duties; to provide for the confidentiality of certain records
and the availability of other records; to provide for the transfer of funding,
staff, equipment, property, and office space; to provide for the continuation of
contracts, legal matters, and rules and regulations; to provide for
investigations, enforcement, and resolution of election law violations; to
provide for election observers; to conform existing laws; 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 primaries
and elections generally, is amended by revising Code Section 21-2-2, relating to
definitions, by adding a new paragraph as follows:
"(3.1)
'Chief election officer' means the individual appointed in accordance with Code
Section 21-2-30."
SECTION
2.
Said
chapter is further amended by revising Code Section 21-2-4, relating to
preparation, printing, publicizing, and distributing of summary of general
amendments to Constitution of Georgia, as follows:
"21-2-4.
(a)
The summary of general amendments to the Constitution of Georgia prepared by the
Attorney General, the legislative counsel, and the Secretary of State pursuant
to Article X, Section I, Paragraph II of the Constitution of Georgia shall be
printed by the
Secretary
of State
chief election
officer in sufficient quantities to make
available a copy of such summary to any interested citizen requesting a copy.
In preparing the summary provided by this provision of the Constitution of
Georgia, the Attorney General, the legislative counsel, and the Secretary of
State shall provide an explanation of each proposed general amendment to the
Constitution of Georgia in language free of legalistic and technical terms, to
the end that the summary may be read and understood by the majority of citizens
of this state. The
Secretary
of State
chief election
officer shall be authorized to include
with such summary, as a part of the same document, a summary or explanation of
any state-wide referendum questions to be voted on at the same general election
and any other explanatory materials as may be deemed appropriate by the
Secretary
of State
chief election
officer.
(b)
The
Secretary
of State
chief election
officer shall cause a supply of the
summary to be printed as soon as practicable after the summary has been
prepared. The quantity of such supply shall be at the discretion of the
Secretary
of State
chief election
officer. Immediately after receiving a
supply of the printed summary, the
Secretary
of State
chief election
officer shall prepare a press release
stating that a summary of proposed general amendments to the Constitution of
Georgia is available for distribution to interested citizens and advising such
citizens of the method or methods by which a copy of such summary may be
obtained. The
Secretary
of State
chief election
officer shall distribute this press
release to print and broadcast media throughout the state and shall actively
seek the cooperation of the media in publicizing the fact that a summary of
proposed general amendments to the Constitution of Georgia is available to
interested citizens and encouraging citizens to obtain a copy of the summary.
The
Secretary
of State
chief election
officer shall reissue, at his
or
her discretion, this press release from
time to time up to the date of the general election at which the proposed
general amendments to the Constitution of Georgia shall be submitted to the
electorate for approval or rejection.
(c)
The
Secretary
of State
chief election
officer shall send a supply of the printed
summary to the superintendent of elections of each county. The press release
provided by subsection (b) of this Code section shall state that the
summary is available at the office of each election superintendent. Each
election superintendent shall distribute a copy of the summary, as made
available by the
Secretary
of State
chief election
officer in his
or
her discretion, to any interested citizen
on request. The press release shall also state that the summary may be obtained
by mail and shall advise citizens how a copy may be so obtained. The
Secretary
of State
chief election
officer shall be authorized to use any
additional methods for the distribution of the summary as he
or
she may deem necessary to achieve the most
effective distribution of the summary to all interested citizens.
(d)
The
Secretary
of State
chief election
officer is authorized to provide for the
preparation of a supply of audio tapes, compact discs, or other media or an
Internet website which shall contain the summary of each proposed general
amendment to the Constitution as provided in subsection (a) of this Code
section, together with a listing of the candidates for each of the state
representatives to the United States Congress and the candidates for every
public office elected by the electors of the entire state. A sufficient number
of the audio tapes, compact discs, or other media may be prepared as will permit
the distribution of at least one tape, disc, or other media form to each of the
public libraries within the state for the purpose of providing voting
information and assistance to any interested citizen. The
Secretary
of State
chief election
officer may cause a supply of the tapes,
discs, or other media to be prepared and distributed as soon as practicable
after the summary has been prepared and the names of the candidates for each of
the public offices to be included are known to be candidates. If the
Secretary
of State
chief election
officer provides such information through
an Internet website, it shall not be necessary to provide such information by
audio tape, compact disc, or other media."
SECTION
3.
Said
chapter is further amended by revising Code Section 21-2-5, relating to
qualifications of candidates for federal and state office, as
follows:
"21-2-5.
(a)
Every candidate for federal and state office who is certified by the state
executive committee of a political party or who files a notice of candidacy
shall meet the constitutional and statutory qualifications for holding the
office being sought.
(b)
The
Secretary
of State
chief election
officer upon his or her own motion may
challenge the qualifications of any candidate at any time prior to the election
of such candidate. Within two weeks after the deadline for qualifying, any
elector who is eligible to vote for a candidate may challenge the qualifications
of the candidate by filing a written complaint with the
Secretary
of State
chief election
officer giving the reasons why the elector
believes the candidate is not qualified to seek and hold the public office for
which he or she is offering. Upon his or her own motion or upon a challenge
being filed, the
Secretary
of State
chief election
officer shall notify the candidate in
writing that his or her qualifications are being challenged and the reasons
therefor and shall advise the candidate that he or she is requesting a hearing
on the matter before an administrative law judge of the Office of State
Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and
shall inform the candidate of the date, time, and place of the hearing when such
information becomes available. The administrative law judge shall report his or
her findings to the
Secretary
of State
chief election
officer.
(c)
The
Secretary
of State
chief election
officer shall determine if the candidate
is qualified to seek and hold the public office for which such candidate is
offering. If the
Secretary
of State
chief election
officer determines that the candidate is
not qualified, the
Secretary
of State
chief election
officer shall withhold the name of the
candidate from the ballot or strike such candidate´s name from the ballot
if the ballots have been printed. If there is insufficient time to strike the
candidate´s name or reprint the ballots, a prominent notice shall be placed
at each affected polling place advising voters of the disqualification of the
candidate and all votes cast for such candidate shall be void and shall not be
counted.
(d)
In the event that a candidate pays his or her qualifying fee with a check that
is subsequently returned for insufficient funds, the
Secretary
of State
chief election
officer shall automatically find that such
candidate has not met the qualifications for holding the office being sought,
unless the bank, credit union, or other financial institution returning the
check certifies in writing by an officer´s or director´s oath that the
bank, credit union, or financial institution erred in returning the
check.
(e)
The elector filing the challenge or the candidate challenged shall have the
right to appeal the decision of the
Secretary
of State
chief election
officer by filing a petition in the
Superior Court of Fulton County within ten days after the entry of the final
decision by the
Secretary
of State
chief election
officer. The filing of the petition shall
not itself stay the decision of the
Secretary
of State
chief election
officer; however, the reviewing court may
order a stay upon appropriate terms for good cause shown. As soon as possible
after service of the petition, the
Secretary
of State
chief election
officer shall transmit the original or a
certified copy of the entire record of the proceedings under review to the
reviewing court. The review shall be conducted by the court without a jury and
shall be confined to the record. The court shall not substitute its judgment
for that of the
Secretary
of State
chief election
officer as to the weight of the evidence
on questions of fact. The court may affirm the decision or remand the case for
further proceedings. The court may reverse or modify the decision if
substantial rights of the appellant have been prejudiced because the findings,
inferences, conclusions, or decisions of the
Secretary
of State
chief election
officer are:
(1)
In violation of the Constitution or laws of this state;
(2)
In excess of the statutory authority of the Secretary of State;
(3)
Made upon unlawful procedures;
(4)
Affected by other error of law;
(5)
Clearly erroneous in view of the reliable, probative, and substantial evidence
on the whole record; or
(6)
Arbitrary or capricious or characterized by an abuse of discretion or a clearly
unwarranted exercise of discretion.
An
aggrieved party may obtain a review of any final judgment of the superior court
by the Court of Appeals or the Supreme Court, as provided by
law."
SECTION
4.
Said
chapter is further amended by revising Code Section 21-2-30, relating to the
creation, composition, terms of service, vacancies, quorum, seal and bylaws, and
meetings of the State Election Board, as follows:
"21-2-30.
(a)
There is created
a state
board to be known as
within the
executive branch of state government the
Office
of State Election
Board
Administration,
to be
composed of
the Secretary of State, an elector to be elected by a majority vote of the
Senate of the General Assembly at its regular session held in each odd-numbered
year, an elector to be elected by a majority vote of the House of
Representatives of the General Assembly at its regular session held in each
odd-numbered year, and a member of each political party to be nominated and
appointed in the manner provided in this Code section. No person while a member
of the General Assembly shall serve as a member of the
board
headed by the
chief election officer of the State of Georgia as provided in subsection (b) of
this Code section. The Office of State Election Administration shall be
independent of all other agencies but shall be assigned for administrative
purposes only, as that term is defined in Code Section 50-4-3, to the Office of
the Secretary of State.
(b)
A member
elected by a house of the General Assembly shall take office on the day
following the adjournment of the regular session in which elected and shall
serve for a term of two years and until his or her successor is elected and
qualified, unless sooner removed. An elected member of the board may be removed
at any time by a majority vote of the house which elected him or her. In the
event a vacancy should occur in the office of such a member of the board at a
time when the General Assembly is not in session, then the President of the
Senate shall thereupon appoint an elector to fill the vacancy if the prior
incumbent of such office was elected by the Senate or appointed by the President
of the Senate; and the Speaker of the House of Representatives shall thereupon
appoint an elector to fill the vacancy if the prior incumbent of such office was
elected by the House of Representatives or appointed by the Speaker of the House
of Representatives. A member appointed to fill a vacancy may be removed at any
time by a majority vote of the house whose presiding officer appointed him or
her
The chief
election officer shall be appointed by the Governor and with the advice and
consent of the General Assembly in accordance with subsection (d) of this Code
section. If the Governor submits an appointment to the General Assembly for
confirmation as the chief election officer, but the General Assembly has not
confirmed the appointment within 60 days after the appointment is submitted to
the General Assembly by the Governor, the person so appointed shall become the
acting chief election officer until the General Assembly acts on his or her
confirmation.
(c)
Within 30
days after April 3, 1968, the state executive committee of each political party
shall nominate a member of its party to serve as a member of the State Election
Board and, thereupon, the Governor shall appoint such nominee as a member of the
board to serve for a term of two years from the date of the appointment and
until his or her successor is elected and qualified, unless sooner removed.
Thereafter, such state executive committee shall select a nominee for such
office on the board within 30 days after a vacancy occurs in such office and
shall also select a nominee at least 30 days prior to the expiration of the term
of each incumbent nominated by it; and each such nominee shall be immediately
appointed by the Governor as a member of the board to serve for the unexpired
term in the case of a vacancy, and for a term of two years in the case of an
expired term. Each successor, other than one appointed to serve an unexpired
term, shall serve for a term of two years; and the terms shall run consecutively
from the date of the initial gubernatorial appointment. No person shall be
eligible for nomination by such state executive committee unless he or she is an
elector and a member in good standing of the political party of the committee.
Such a member shall cease to serve on the board and his or her office shall be
abolished if and when his or her political organization shall cease to be a
'political party' as defined in Code Section
21-2-2
The chief
election officer shall be appointed and serve a term of five years and until a
successor is appointed by the Governor and confirmed by the General
Assembly.
(d)(1)
The
Secretary of State shall be the chairperson of the board. Three members of the
board shall constitute a quorum, and no vacancy on the board shall impair the
right of the quorum to exercise all the powers and perform all the duties of the
board. The board shall adopt a seal for its use and bylaws for its own
government and procedure
Not later than
December 1, 2008, the Senate majority leader, Senate minority leader, Speaker
of the House of Representatives, and House minority leader shall forward to the
Governor a jointly-developed list of qualified candidates for the chief election
officer. Not later than January 1, 2009, the Governor shall select an appointee
from this list and forward that nominee to the General Assembly for
confirmation.
(2)
The appointee shall be subject to confirmation by a three-fourths´ vote of
each house of the General Assembly.
(3)
Thereafter, at least 60 days before the end of the term of office of the chief
election officer, the Senate majority leader, Senate minority leader, Speaker of
the House of Representatives, and House minority leader shall forward to the
Governor a jointly-developed list of qualified candidates for the chief election
officer which may include the incumbent chief election officer. Not later than
30 days before the end of the term of office of the chief election officer, the
Governor shall select an appointee from this list and forward that nominee to
the General Assembly for confirmation which shall be by a three-fourths´
vote of each house of the General
Assembly.
(e)
Meetings
shall be held whenever necessary for the performance of the duties of the board
on call of the chairperson or two of its members. Minutes shall be kept of all
meetings of the board and a record kept of the vote of each member on all
questions coming before the board. The chairperson shall give to each member of
the board prior notice of the time and place of each meeting of the
board
Any person who
is submitted to the Governor under subsection (d) of this Code section should be
viewed as nonpartisan and shall possess demonstrated integrity, independence,
public credibility; demonstrated managerial experience; and other qualities that
demonstrate competence to undertake the responsibilities of the office. No
person shall be submitted to the Governor under subsection (d) of this Code
section if at any time during the four-year period immediately preceding the
date of the nomination of such person, the person was a candidate for elective
public office, an employee of such a candidate, or an attorney for such a
candidate; an elected officeholder, an employee of an elected officeholder, or
an attorney for an elected officeholder; or an officer or employee of a
political party or body or an attorney for a political party or body. The
compensation of the chief election officer shall be established annually by the
Governor and incumbent chief election officer´s compensation shall not be
decreased during the incumbent´s term of
office.
(f)
If any
member of the board, other than the Secretary of State, shall qualify as a
candidate for any public office which is to be voted upon in any primary or
election regulated by the board, that member´s position on the board shall
be immediately vacated and such vacancy shall be filled in the manner provided
for filling other vacancies on the board
The chief
election officer shall endeavor to be nonpartisan in all decisions and
statements and shall not:
(1)
Either directly or indirectly engage in any political campaign or in any
partisan political activity except to vote;
(2)
Serve as an officer of any political party or any partisan
organization;
(3)
Publicly support or oppose any candidate, including a candidate for any local,
state, or federal office, or partisan organization; or allow his or her name to
be used in connection with any activity of a political
organization;
(4)
Make speeches on behalf of a political organization or any
candidate;
(5)
Attend political gatherings;
(6)
Take a public position for or against or participate in a campaign to support or
oppose any ballot initiative or ballot measure; and
(7)
Make any contribution to, or solicit funds on behalf of, any candidate,
including a candidate for any local, state, or federal office, political party
or partisan
organization."
SECTION
5.
Said
chapter is further amended by revising Code Section 21-2-31, relating to duties
of the State Election Board, as follows:
"21-2-31.
It
shall be the duty of the
State
Election Board
chief election
officer:
(1)
To supervise and coordinate the work of the
office of
the Secretary of State
Office of
State Election Administration,
superintendents, registrars, deputy registrars, poll officers, and other
officials so as to obtain uniformity in their practices and proceedings and
legality and purity in all primaries and elections;
(2)
To develop and implement uniform training programs for all election officials in
the state;
(3)
To prepare information for voters on voting problems and to publish and
distribute an election calendar, a manual on election procedures, and a map of
all legislative districts;
(4)
To convene a state election conference of county election officials and other
government officials responsible for the conduct of elections within the state
at the beginning of each year in which there is a federal or state-wide election
and whenever else deemed necessary by the chief election officer to discuss
uniform implementation of state and federal election policies;
(5)
To require such reports from county election administrators as deemed
necessary;
(6)
To administer oaths, issue subpoenas, summon witnesses, compel the production of
books, papers, records, and other evidence, and fix the time and place for
hearing any matters relating to the administration and enforcement of election
laws;
(7)
To aggregate, certify, and announce results of state and federal
elections;
(8)
To prepare and publish reports whenever deemed necessary on the conduct and
costs of voting in the state, including a tabulation of election returns and
such other information and statistics deemed appropriate by the chief election
officer;
(2)(9)
To formulate, adopt, and promulgate such rules and regulations, consistent with
law, as will be conducive to the fair, legal, and orderly conduct of primaries
and elections;
and, upon
the adoption of each rule and regulation, the board shall promptly file
certified copies thereof with the Secretary of State and each
superintendent;
(3)(10)
To publish and furnish to primary and election officials, from time to time, a
sufficient number of indexed copies of all primary and election laws and
pertinent rules and regulations then in force;
(4)(11)
To publish and distribute such explanatory pamphlets regarding the
interpretation and application of primary and election laws as in the opinion of
the
board
chief election
officer should be distributed to the
electorate;
(5)(12)
To
investigate,
or authorize the Secretary of State to
investigate, when necessary or advisable
the administration of primary and election laws and frauds and irregularities in
primaries and elections and to report violations of the primary and election
laws either to the Attorney General or the appropriate district attorney who
shall be responsible for further investigation and prosecution. Nothing in this
paragraph shall be so construed as to require any complaining party to request
an investigation by the
board
chief election
officer before such party might proceed to
seek any other remedy available to that party under this chapter or any other
provision of law;
(13)
To hold quarterly public hearings to seek input from the public on matters of
election administration;
(14)
To direct where state election personnel and resources will be
located;
(15)
To develop a budget for the Office of State Election
Administration;
(16)
To submit an annual report to the Governor, the General Assembly, and the
general public, describing the state of election administration and suggesting
recommendations for future improvements;
(17)
To maintain an accurate and integrated state-wide voter registration list in
cooperation with county registrars;
(18)
To promote reform of local election administration through greater
professionalism and better training and certification of local election
officials;
(19)
To certify voting technology;
(20)
To ensure compliance with the federal Help America Vote Act of 2002
(P.L. 107-252) and the federal National Voter Registration Act of 1993
(P.L. 103-31);
(6)(21)
To make such recommendations to the General Assembly as
it
the chief
election officer may deem advisable
relative to the conduct and administration of primaries and
elections;
(7)(22)
To promulgate rules and regulations to define uniform and nondiscriminatory
standards concerning what constitutes a vote and what will be counted as a vote
for each category of voting system used in this state;
(8)(23)
To employ such assistants as may be necessary;
(9)(24)
Subject to funds being specifically appropriated by the General Assembly, to
formulate and conduct a voter education program concerning voting procedures for
voting by absentee ballot and at the polls with particular emphasis on the
proper types of identification required for voting; and
(10)(25)
To take such other action, consistent with law, as the
board
chief election
officer may determine to be conducive to
the fair, legal, and orderly conduct of primaries and
elections."
SECTION
6.
Said
chapter is further amended by revising Code Section 21-2-32, relating to
institution of and intervention in court actions by the State Election Board, as
follows:
"21-2-32.
(a)
The State
Election Board
chief election
officer shall have the right to institute
or to intervene as a party in any action in any court of this state or of the
United States, seeking mandamus, injunction, or other relief, to compel
compliance with any election or primary law of the state or with any valid rule
or regulation of the
board
chief election
officer, or to restrain or otherwise
prevent or prohibit any fraudulent or other illegal conduct in connection
therewith, including the right to seek such relief for any anticipatory
breach.
(b)
Any petition seeking any of the relief authorized in subsection (a) of this Code
section shall be filed in the superior court of the county of residence of the
superintendent charged with the conduct of the election or primary in which it
is alleged that there was or will be fraud or other illegal conduct or, in the
case of municipal primaries and elections, in the county in which the city hall
is located.
(c)
Upon the filing of such petition, the clerk of superior court having
jurisdiction shall immediately notify the administrative judge for the judicial
administrative district in which the county lies, or the district court
administrator, who shall immediately notify the administrative judge, of the
institution of proceedings under this article. If the county in which the
proceedings were instituted is not in the circuit of the administrative judge,
the administrative judge shall select a superior court judge from within the
district, but not from the circuit in which the proceeding was instituted, or a
senior judge who is not a resident of the circuit in which the proceeding was
instituted, to preside over the proceeding.
(d)
If the administrative judge is a member of the circuit in which the proceeding
was filed, or if the other judges of the district are unable or are unwilling to
preside over the proceeding, or if the other judges of the district are judges
of the circuit in which the proceeding was filed, then the administrative judge
shall select an administrative judge of an adjoining district to select a
superior court judge from that district, or a superior court judge from the
district in which the proceeding was filed, but not the circuit in which the
proceeding was filed, or a senior judge who is not a resident of the circuit
wherein the proceeding was filed. In the event any temporary order is sought,
the petition may be presented to the administrative judge prior to its filing
for consideration of the application for such order. If the petition upon which
temporary relief is sought prior to the filing will be filed in any county of
the circuit of the administrative judge, then the petition may be presented to
the administrative judge of an adjoining district prior to its filing for
consideration of the application for such order.
(e)
After a judge has agreed to preside over the case, the administrative judge who
selected the judge to hear the matter shall enter an order in the superior court
of the county where the proceeding was filed appointing such judge, and such
judge shall promptly begin presiding over such proceedings in such court and
shall determine same as soon as practicable. Such judge shall be reimbursed for
his or her actual expenses for food and lodging and shall receive the same
mileage as any other state officials and employees. Senior judges shall be
entitled to compensation and reimbursement as the law provides for senior judge
service.
(f)
If, in the opinion of the judge presiding over such cause, adequate relief
cannot otherwise be granted to assure compliance with said laws, rules, and
regulations, the judge may enter such order concerning the conduct of such
election or primary which he or she shall deem necessary to assure compliance,
including the right to require such election or primary to be held under the
supervision of the
State
Election Board
chief election
officer.
(g)
Upon any action being filed in any court of this state seeking relief affecting
the calling, holding, conduct, determination, result, tabulation, or
certification of any election or primary, except those instituted by the
State
Election Board
chief election
officer, a copy of the proceeding shall be
served upon
such
board
the chief
election officer by mailing a copy of same
to the
chairperson
chief election
officer by certified or registered mail or
statutory overnight delivery; and a certificate that such service has been made
shall be filed by the plaintiff or the plaintiff´s attorney.
(h)
Any verdict, judgment, decree, order, ruling, or other judicial action in such
cases shall be subject to review by the appellate court having jurisdiction
thereof. It shall be the duty of the proper appellate court to consider
application for stays or supersedeas in such cases without regard to whether any
appeal has been filed or the record docketed in such cases."
SECTION
7.
Said
chapter is further amended by revising Code Section 21-2-33, relating to
hearings before the State Election Board, as follows:
"21-2-33.
The
State
Election Board
chief election
officer may examine under oath any person
concerning any matter connected with or bearing on the proper discharge of
its
his or
her
duties;
and any
member of the board may administer such
oath. The
board
chief election
officer shall have full power to subpoena
persons and papers and to compel the witnesses to answer under oath touching any
questions which may properly come before the
board
him or
her and to take, through
its
his or
her agent, the depositions of witnesses.
The
board
chief election
officer, in investigating the
administration of primary and election laws within a county or any frauds or
irregularities in primaries and elections held therein, shall conduct each
hearing concerning same at a place within such county. No witness shall be
compelled to attend if he or she should reside more than 100 miles from the
place of hearing by the nearest practical route; provided, however, that the
board
chief election
officer may compel the taking of his or
her testimony by deposition in the county of the residence of the witness. The
sheriff of any county, or his or her deputy, or agent of the
board
chief election
officer shall serve all processes issued
by the
board
chief election
officer; or the same may be served by
registered or certified mail or statutory overnight delivery; and the production
of an appropriate return receipt issued by the post office or commercial
delivery firm shall constitute prima-facie evidence of such service. In case of
the refusal of any person subpoenaed to attend or testify, such facts shall be
reported forthwith by the
board
chief election
officer to the appropriate superior court,
or to a judge thereof, and such court or judge shall order such witness to
attend and testify. On failure or refusal to obey such order, such witness
shall be dealt with as for contempt. Any witness so subpoenaed, and after
attending, shall be allowed and paid the same mileage and fee as now allowed and
paid witnesses in civil actions in the superior court."
SECTION
8.
Said
chapter is further amended by revising Code Section 21-2-33.1, relating to the
enforcement of the chapter, as follows:
"21-2-33.1.
(a)
The State
Election Board
chief election
officer is vested with the power to issue
orders, after the completion of appropriate proceedings, directing compliance
with this chapter or prohibiting the actual or threatened commission of any
conduct constituting a violation, which order may include a provision requiring
the violator:
(1)
To cease and desist from committing further violations;
(2)
To pay a civil penalty not to exceed $5,000.00 for each violation of this
chapter or for each failure to comply with any provision of this chapter or of
any rule or regulation promulgated under this chapter. Such penalty may be
assessed against any violator as the
State
Election Board
chief election
officer deems appropriate;
(3)
To publicly reprimand any violator found to have committed a
violation;
(4)
To require that restitution be paid by any violator to a state, county, or city
governing authority when it has suffered a monetary loss or damage as the result
of a violation;
(5)
To require violators to attend training as specified by the
board
chief election
officer; and
(6)
To assess investigative costs incurred by the
board
chief election
officer against any violator found to have
committed a violation.
(b)
A civil penalty shall not be assessed against any violator except after notice
and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.' In addition to the
State
Election Board
chief election
officer, any contested case may be held
before any representative of
such
board
the chief
election officer who has been selected and
appointed by
such
board
the chief
election officer for such purpose. The
amount of any civil penalty finally assessed shall be recoverable by a civil
action brought in the name of the
State
Election Board
chief election
officer. All moneys recovered pursuant to
this Code section shall be deposited in the state treasury.
(c)
The Attorney General of this state shall, upon complaint by the
State
Election Board
chief election
officer, bring an action in the superior
court in the name of the
State
Election Board
chief election
officer for a temporary restraining order
or other injunctive relief or for civil penalties assessed against any violator
of any provision of this chapter or any rule or regulation duly issued by the
State
Election Board
chief election
officer.
(d)
Any action brought by the Attorney General to enforce civil penalties assessed
against any violator of this chapter or any rule or regulation duly issued by
the State
Election Board
chief election
officer or any order issued by the
State
Election Board
chief election
officer ordering compliance or to cease
and desist from further violations shall be brought in the superior court of the
county of the residence of the party against whom relief is sought. Service of
process shall lie in any jurisdiction within the state. In such actions, the
superior court inquiry will be limited to whether notice was given by the
State
Election Board
chief election
officer to the violator in compliance with
the Constitution and the rules of procedure of Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given
and a hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' the superior court shall enforce the orders of
the State
Election Board
chief election
officer and the civil penalties assessed
under this chapter and the superior court shall not make independent inquiry as
to whether the violations have occurred.
(e)
In any action brought by the Attorney General to enforce any of the provisions
of this chapter or of any rule or regulation issued by the
State
Election Board
chief election
officer, the judgment, if in favor of the
State
Election Board
chief election
officer, shall provide that the defendant
pay to the
State
Election Board
chief election
officer the costs, including reasonable
attorneys´ fees, incurred by the
State
Election Board
chief election
officer in the prosecution of such action.
Such costs and
fees shall be deposited in the state
treasury."
SECTION
9.
Said
chapter is further amended by revising Code Section 21-2-34, relating to
compensation and expenses of members of the State Election Board, as
follows:
"21-2-34.
(a)
Each member
of the State Election Board shall receive a per diem in an amount equal to the
per diem received by members of the General Assembly for each day or portion
thereof spent in serving as members of the State Election Board. Each member of
the State Election Board shall be paid his or her necessary traveling expenses
while engaged in the business of the State Election
Board.
The chief
election officer may initiate a civil or administrative enforcement action if,
after conducting an investigation, the chief election officer finds reasonable
grounds to believe that a violation of the state election law has occurred or is
about to occur. The chief election officer may make a finding under this
subsection based on any information available to the chief election
officer.
(b)
Prior to initiating an enforcement action under subsection (a) of this Code
section, the chief election officer shall give any person under investigation
notice and the opportunity to demonstrate that there are no reasonable grounds
to believe a violation has occurred or is about to occur, but the chief election
officer´s decision on such matter shall not be subject to judicial
review.
(c)
Any person may file a complaint with the Office of State Election Administration
alleging a violation of state election law. A complaint filed under this
subsection shall be in writing, signed, and sworn to by the person filing such
complaint, and made under penalty of perjury. Based on the allegations in a
complaint filed under this subsection and such investigations the chief election
officer deems necessary and appropriate, the chief election officer may initiate
a civil or administrative enforcement action if the chief election officer finds
reasonable grounds to believe a violation has occurred or is about to occur; or
the chief election officer may dismiss the complaint.
(d)(1)
In any civil or administrative enforcement action, the chief election officer
may attempt to correct or prevent an alleged election law violation by informal
methods of conference, conciliation, and persuasion, and may enter into a
conciliation agreement with the respondent. A conciliation agreement may
include a requirement that the respondent and any other person involved in such
conciliation pay a civil monetary penalty and may also include a requirement
that the respondent and any other person involved consent to the terms of a
cease-and-desist order.
(2)
A conciliation agreement, unless violated, is a complete bar to any further
action by the chief election officer against the persons involved in such
conciliation agreement for the violations alleged. No action by the chief
election officer or any other person, and no information derived in connection
with any conciliation attempt by the chief election officer, may be made public
by the chief election officer, without the written consent of the respondent,
except that if a conciliation agreement is agreed upon and signed by the chief
election officer and the respondent, the chief election officer shall make such
agreement public.
(3)
In any case in which a person has entered into a conciliation agreement with the
chief election officer, the chief election officer, through the Attorney
General, may institute a civil action for relief if the chief election officer
believes that the person has violated any provision of such conciliation
agreement. Such civil action shall be brought in the superior court of the
county in which the respondent resides or has its principal place of business.
Such court shall have jurisdiction to issue any relief appropriate. To obtain
relief in any such action, the chief election officer need only establish that
the person has violated, in whole or in part, any requirement of such
conciliation agreement.
(e)(1)
If the chief election officer finds, after notice and opportunity for hearing,
that any person is violating, has violated, or is about to violate any provision
of the state election laws, the chief election officer may publish any findings
and enter an order requiring such person, or any other person that is, was, or
would be a cause of the violation due to an act or omission the person knew or
should have known would contribute to such violation, to cease and desist from
committing or causing such a violation and any future violation of the same
provision, rule, or regulation. Such order may, in addition to requiring a
person to cease and desist from committing or causing a violation, require such
person to comply with such provision, rule, or regulation, upon such terms and
conditions and within such time as the chief election officer may specify in
such order.
(2)
Whenever the chief election officer determines that an alleged violation or
threatened violation specified in the notice initiating a civil enforcement
action, or the continuation thereof, is likely to result in violation of this
chapter or of any state election law, and substantial harm to the public
interest, the chief election officer may apply to the superior court of the
county in which the respondent resides or has its principal place of business
for temporary injunctive relief.
(f)
If any person fails to pay an assessment of a civil penalty after the order
making the assessment has become a final order and such person has not timely
filed a petition for judicial review of the order or after a court in an action
has entered a final judgment in favor of the chief election officer which is no
longer subject to appeal, the Attorney General shall proceed to recover the
amount assessed in an action brought in any appropriate court. In such an
action, the validity, amount, and appropriateness of such penalty shall not be
subject to a review.
(g)(1)
Any proceedings conducted by the chief election officer prior to a finding that
there are reasonable grounds to believe a violation of election law has occurred
or is about to occur shall be confidential and none of the records of the Office
of State Election Administration concerning the complaint shall be made public,
except that the person filing a complaint may make such complaints public, and
such records shall not be subject to disclosure under Article 4 of Chapter 18 of
Title 50.
(2)
If the chief election officer makes a finding that a violation of law has
occurred or is about to occur, the finding of the chief election officer, any
notice of charges, and any answer or similar documents filed with the Office of
State Election Administration shall be made public; and all proceedings
conducted before an administrative law judge, and all documents used during such
proceedings, shall be made public.
(3)
After the dismissal of a complaint or the conclusion of proceedings following a
finding of reasonable grounds to believe that a violation of election law has or
is about to occur, the Office of State Election Administration shall make public
as soon as practicable the complaint, any notice of charges, and any answer or
similar documents filed with the Office of State Election Administration; any
order setting forth the chief election officer´s final action on the
complaint; and all documentary materials and testimony constituting the record
on which the chief election officer relied in taking his or her actions. The
affirmative disclosure requirement of this subsection is without prejudice to
the right of any person to request and obtain records relating to an
investigation under Article 4 of Chapter 18 of Title
50."
SECTION
10.
Said
chapter is further amended by adding new Code sections as follows:
"21-2-35.
(a)
There shall be in the Office of State Election Administration a staff director
who shall be appointed by the chief election officer. The staff director shall
assist in the administration and operation of the Office of State Election
Administration, shall perform such responsibilities as the chief election
officer shall prescribe, and may, with the approval of the chief election
officer, appoint and fix the pay of such additional personnel as the staff
director shall consider appropriate and procure temporary and intermittent
services where needed.
(b)
There shall be in the Office of State Election Administration a general counsel
who shall be appointed by the chief election officer. The general counsel shall
serve as the chief legal officer of the Office of State Election Administration,
provide legal assistance to the Office of State Election Administration
concerning its programs and policies, advise and assist the Office of State
Election Administration in carrying out its responsibilities under this chapter,
and assist the Attorney General, as needed, in representing the Office of State
Election Administration in any proceeding in court or before an administrative
law judge.
(c)
The staff director, general counsel, and all other employees of the Office of
State Election Administration shall endeavor to be nonpartisan in all actions
and statements and shall not engage in any political campaign; serve as an
officer of any political party or any partisan organization; publicly support or
oppose any candidate, including a candidate for any local, state, or federal
office, or partisan organization; nor make any contribution to any candidate,
including a candidate for any local, state, or federal office, political party,
or partisan organization.
21-2-36.
(a)
To assist in carrying out the provisions of this chapter, the chief election
officer shall convene an advisory group which shall meet quarterly with the
chief election officer to provide technical expertise to the chief election
officer and assure transparency and accountability in the conduct of
elections.
(b)
The advisory group shall be composed of:
(1)
One member who shall be an attorney knowledgeable in matters of election law
selected by the chief election officer;
(2)
One member who shall be a person with expertise in matters of voting technology
and systems selected by the chief election officer;
(3)
One member from each political party in the state selected by the state
executive committee of the political party;
(4)
One member from each of the three most populous counties in the state selected
by the election superintendent of each such county;
(5)
One member who shall be the chief officer of the Georgia Association of
Election Officials and one member who shall be the chief officer of the Voter
Registrars Association of Georgia;
(6)
One member who shall be a person with expertise in matters of law enforcement
selected by the Attorney General;
(7)
One member who is currently serving as the district attorney of a county of the
state selected by the Attorney General; and
(8)
At least two members selected by the chief election officer who represent
community organizations, including representatives from voting rights
organizations, organizations whose mission is to defend citizens´ civil
rights, organizations whose mission is to defend the rights of people with
disabilities, and organizations whose mission is to promote civic participation
and expand voting to all eligible voters.
(c)
The advisory group shall be only for the purposes of consulting with,
recommending, and advising the chief election officer on matters of policy and
election administration coming before the advisory group. Final decision making
authority shall remain with the chief election officer.
(d)
The advisory group shall ensure that each meeting of the advisory group is open
to the public and provide, at each meeting, an opportunity for interested
persons to present oral or written statements concerning items on the
agenda.
(e)
The chief election officer shall provide to the public timely notice of each
meeting of the advisory group.
(f)
The chief election officer shall keep the minutes of each meeting of the
advisory group and shall make the minutes of each meeting available to the
public for inspection and distribution.
(g)
Members of the advisory group shall serve without compensation for their service
as a part of the advisory group.
21-2-37.
(a)
On January 1, 2009, the State Election Board shall be abolished. All files,
records, and documents maintained by the State Election Board, whether in paper
or electronic form, shall be transferred on or before that date to the chief
election officer.
(b)
On January 1, 2009, all files, records, and documents relating to elections
maintained by the Secretary of State, whether in paper or electronic form, shall
be transferred to the chief election officer.
(c)
All rules and regulations of the State Election Board and the Secretary of State
promulgated pursuant to the provisions of this chapter in effect on December 31,
2008, shall remain in force and effect as rules of the chief election officer
until amended or repealed by the chief election officer.
(d)
On January 1, 2009, the chief election officer shall be substituted as a party
in lieu of the State Election Board or the Secretary of State, as the case may
be, in all enforcement actions, investigations, and legal proceedings brought
under the provisions of this chapter by, on behalf of, or against the State
Election Board or the Secretary of State.
(e)
On January 1, 2009, all contracts entered into by the State Election Board or
the Secretary of State pursuant to the provisions of this chapter or in
furtherance of fulfilling the duties of the State Election Board or Secretary of
State under this chapter shall be transferred to the chief election
officer.
(f)
On January 1, 2009, any full-time or part-time or equivalent position, used
exclusively or principally to administer the provisions of this chapter on
behalf of the State Election Board or the Secretary of State, shall be
administratively transferred to the Office of State Election Administration.
Any person serving immediately prior to January 1, 2009, as an independent
contractor under contract or written order of appointment to fulfill or assist
the State Election Board or the Secretary of State in fulfilling the duties of
the State Election Board or the Secretary of State under this chapter shall be
administratively transferred to the Office of State Election Administration as
of January 1, 2009. All office space used exclusively or principally by
personnel transferred under this subsection shall be transferred to the Office
of State Election Administration as of January 1, 2009. All equipment or other
tangible property which is used or held exclusively or principally by personnel
transferred under this subsection shall be transferred to the Office of State
Election Administration as of January 1, 2009. All such transfers shall be
subject to the approval of the chief election officer and such personnel or
property shall not be transferred if the chief election officer determines that
the employee, equipment, office space, or property should remain with the
transferring entity. Funding for functions and positions transferred to the
Office of State Election Administration under this chapter shall be transferred
as provided for in Code Section 45-12-90 on January 1, 2009."
SECTION
11.
Said
chapter is further amended by revising Code Section 21-2-50, relating to the
powers and duties of the Secretary of State, as follows:
"21-2-50.
(a)
The
Secretary
of State
chief election
officer shall exercise all the powers
granted to the
Secretary
of State
chief election
officer by this chapter and shall perform
all the duties imposed by this chapter, which shall include the
following:
(1)
To determine the forms of nomination petitions, ballots, and other forms the
Secretary
of State
chief election
officer is required to determine under
this chapter;
(2)
To receive registration statements from political parties and bodies and to
determine their sufficiency prior to filing, in accordance with this chapter,
and to settle any disputes concerning such statements;
(3)
To receive and determine the sufficiency of nomination petitions of candidates
filing notice of their candidacy with the
Secretary
of State
chief election
officer in accordance with this
chapter;
(4)
To certify to the proper superintendent official lists of all the political
party candidates who have been certified to the
Secretary
of State
chief election
officer as qualified candidates for the
succeeding primary and to certify to the proper superintendent official lists of
all the candidates who have filed their notices of candidacy with the
Secretary
of State
chief election
officer, both such certifications to be in
substantially the form of the ballots to be used in the primary or election.
The
Secretary
of State
chief election
officer shall add to such form the
language to be used in submitting any proposed constitutional amendment or other
question to be voted upon at such election;
(5)
To furnish to the proper superintendent all blank forms, including tally and
return sheets, numbered lists of voters, cards of instructions, notices of
penalties, instructions for marking ballots, tally sheets, precinct returns,
recap sheets, consolidated returns, oaths of managers and clerks, oaths of
assisted electors, voters certificates and binders, applications for absentee
ballots, envelopes and instruction sheets for absentee ballots, and such other
supplies as the
Secretary
of State
chief election
officer shall deem necessary and advisable
from time to time, for use in all elections and primaries. Such forms shall
have printed thereon appropriate instructions for their use;
(6)
To receive from the superintendent the returns of primaries and elections and to
canvass and compute the votes cast for candidates and upon questions, as
required by this chapter;
(7)
To furnish upon request a certified copy of any document in the
Secretary
of State´s
chief election
officer´s custody by virtue of this
chapter and to fix and charge a fee to cover the cost of furnishing
same;
(8)
To perform such other duties as may be prescribed by law;
(9)
To determine and approve the form of ballots for use in special
elections;
(10)
To prepare and provide a notice to all candidates for federal or state office
advising such candidates of such information, to include requirements of this
chapter, as may, in the discretion of the
Secretary
of State
chief election
officer, be conducive to the fair, legal,
and orderly conduct of primaries and elections. A copy of such notice shall be
provided to each superintendent for further distribution to candidates for
county and militia district offices;
(11)
To conduct training sessions at such places as the
Secretary
of State
chief election
officer deems appropriate in each year,
for the training of registrars and superintendents of elections;
(12)
To prepare and publish, in the manner provided in this chapter, all notices and
advertisements in connection with the conduct of elections which may be required
by law;
(13)
To prepare and furnish information for citizens on voter registration and
voting;
(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 develop, program, build, and review ballots for use by counties and
municipalities on direct recording electronic (DRE) voting systems in use in the
state.
(b)
As the state´s chief election official, the Secretary of State shall not
serve in any fiduciary capacity for the campaign of any candidate whose election
will be certified by the Secretary of State. Nothing in this subsection shall
prohibit the Secretary of State from organizing and operating his or her own
campaign for election to public
office."
SECTION
12.
Said
chapter is further amended by revising Code Section 21-2-50.1, relating to
postponement and extension of qualifying periods for elections for public office
during state of emergency, as follows:
"21-2-50.1.
In
the event the Governor declares that a state of emergency or disaster exists
pursuant to Code Section 38-3-51 or a federal agency declares that a state of
emergency or disaster exists, the
Secretary
of State
chief election
officer is authorized to postpone or
extend the qualifying periods provided in this chapter for the qualification of
candidates seeking municipal, county, or state-wide office and to postpone the
date of any primary, special primary, election, or special election in the
affected area. The
Secretary
of State
chief election
officer shall exercise the powers granted
by this Code section carefully, and any such postponement or extension shall not
exceed 45 days."
SECTION
13.
Said
chapter is further amended by revising Code Section 21-2-50.2, relating to
obligations of the state under the federal Help America Vote Act of 2002, as
follows:
"21-2-50.2.
(a)
The
Secretary
of State
chief election
officer, as the chief election official
designated under the federal Help America Vote Act of 2002, shall be responsible
for coordinating the obligations of the state under the federal Help America
Vote Act of 2002.
(b)
As the chief election official, the
Secretary
of State
chief election
officer is authorized to promulgate rules
and regulations to establish administrative complaint procedures as required
under Section 402 of Title IV of the federal Help America Vote Act of 2002,
which prescribes a process to remedy only those grievances filed under Title III
of such federal act.
(c)
Election related complaints filed with the
Secretary
of State
chief election
officer alleging violations of Title III
of the federal Help America Vote Act of 2002 shall not be subject to hearing
procedures of Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act,' but shall be resolved pursuant to rules and regulations promulgated under
subsection (b) of this Code section whereby the
Secretary
of State
chief election
officer shall have the authority to issue
a final order for complaints filed under the federal Help America Vote Act of
2002."
SECTION
14.
Said
chapter is further amended by revising Code Section 21-2-51, relating to opening
of election records to members of public, as follows:
"21-2-51.
Except
when otherwise provided by law, the primary and election records of the
Secretary
of State
chief election
officer, including registration
statements, nomination petitions, affidavits, certificates, tally papers,
returns, accounts, contracts, reports, and other documents in his or her custody
shall be open to public inspection and may be inspected and copied by any
elector of the state during usual business hours at any time when they are not
necessarily being used by the
Secretary
of State
chief election
officer or his or her employees having
duties to perform in reference thereto; provided, however, that such public
inspection thereof shall only be in the presence of the
Secretary
of State
chief election
officer 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."
SECTION
15.
Said
chapter is further amended by revising Code Section 21-2-52, relating to
preservation of primary and election records, as follows:
"21-2-52.
All
primary and election documents in the office of the
Secretary
of State
chief election
officer shall be preserved therein for a
period of at least 24 months; and then the same may be destroyed unless
otherwise provided by law."
SECTION
16.
Said
chapter is further amended by revising Code Section 21-2-70, relating to powers
and duties of superintendents, as follows:
"21-2-70.
Each
superintendent within his or her county or municipality shall exercise all the
powers granted to him or her by this chapter and shall perform all the duties
imposed upon him or her by this chapter, which shall include the
following:
(1)
To receive and act upon all petitions presented by electors, the board of
registrars, or the county executive committee of a political party for the
division, redivision, alteration, change, or consolidation of
precincts;
(2)
To receive and determine the sufficiency of nomination petitions of candidates
filing notice of their candidacy with him or her in accordance with this
chapter;
(3)
To prepare and publish, in the manner provided by this chapter, all notices and
advertisements, in connection with the conduct of elections, which may be
required by law, and to transmit immediately to the
Secretary
of State
chief election
officer a copy of any publication in which
a call for a special primary, election, or runoff is issued;
(4)
To select and equip polling places for use in primaries and elections in
accordance with this chapter;
(5)
To purchase, except voting machines, preserve, store, and maintain election
equipment of all kinds, including voting booths and ballot boxes and to procure
ballots and all other supplies for primaries and elections;
(6)
To appoint poll officers and other officers to serve in primaries and elections
in accordance with this chapter;
(7)
To make and issue such rules, regulations, and instructions, consistent with
law, including the rules and regulations promulgated by the
State
Election Board
chief election
officer, as he or she may deem necessary
for the guidance of poll officers, custodians, and electors in primaries and
elections;
(8)
To instruct poll officers and others in their duties, calling them together in
meetings whenever deemed advisable, and to inspect systematically and thoroughly
the conduct of primaries and elections in the several precincts of his or her
county to the end that primaries and elections may be honestly, efficiently, and
uniformly conducted;
(9)
To receive from poll officers the returns of all primaries and elections, to
canvass and compute the same, and to certify, as soon as practicable following
the primary and election, the results thereof to such authorities as may be
prescribed by law;
(10)
To announce publicly, by posting in his or her office, the results of all
primaries and elections held in his or her county;
(11)
In any general election at which a proposal to amend the Constitution or to
provide for a new Constitution is submitted to the electors for ratification,
the election superintendent shall provide copies of the summary of such proposal
prepared pursuant to Article X, Section I, Paragraph II of the Constitution as
provided in this paragraph. A reasonable number of copies of such summary shall
be conspicuously available in each polling place;
(12)
To prepare annually a budget estimate of his or her expenses under this chapter,
in which shall be set forth an itemized list of expenditures for the preceding
two years and an itemized estimate of the amount of money necessary to be
appropriated for the ensuing year and to submit the same at the time and in the
manner and form other budget estimates of his or her county are now or may
hereafter be required to be filed;
(13)
To conduct all elections in such manner as to guarantee the secrecy of the
ballot and to perform such other duties as may be prescribed by
law;
(14)
To become certified by satisfactorily completing a certification program
approved by the
Secretary
of State
chief election
officer no later than
January 1,
2007
December 31 of
the year in which such person becomes a
superintendent. Such program may include
instruction on, and may require the superintendent to demonstrate proficiency
in, the operation of the state´s direct recording electronic voting
equipment and in state and federal law and procedures related to elections. In
the case of boards of elections or boards of elections and registration, this
requirement may be satisfied either by the certification of the members of the
board or the board´s designee; and
(15)
To take an oath in the following form:
I,
____________________________, do swear (or affirm) that I will as superintendent
duly attend the ensuing election (or primary) during the continuance thereof,
that I will to the best of my ability prevent any fraud, deceit, or abuse in
carrying on the same, that I will make a true and perfect return of the said
election (or primary), and that I will at all times truly, impartially, and
faithfully perform my duties in accordance with Georgia laws to the best of my
judgment and ability."
SECTION
17.
Said
chapter is further amended by revising subsection (c) of Code Section 21-2-70.1,
regarding municipal superintendents, as follows:
"(c)
As prescribed and directed by the
Secretary
of State
chief election
officer, the municipal superintendent or,
in the case of a board of elections or board of elections and registration, its
designee shall satisfactorily complete a certification program approved by the
Secretary
of State
chief election
officer no later than
January 1,
2007
December 31 of
the year in which such person becomes a
superintendent. Such program may include
instruction on, and may require the superintendent to demonstrate proficiency
in, the operation of the voting equipment used in such superintendent´s
municipality and in state and federal law and procedures related to
elections."
SECTION
18.
Said
chapter is further amended by revising Code Section 21-2-77, relating to
electronic election returns, as follows:
"21-2-77.
(a)
Beginning
with the election cycle in the year 2000, the superintendent of elections of
each county shall provide electronically to the Secretary of State within 45
days after the close of voting, election returns divided by precinct for each
precinct in their respective counties for all primaries, elections, special
primaries, special elections, and runoffs for such elections for federal or
state offices held in that year or any following year.
(b)
Beginning with the election cycle in the year 2002,
the
The
superintendent of elections of each county shall provide electronically to the
Secretary
of State
chief election
officer, within seven days after the close
of voting, election returns divided by precinct for each precinct in their
respective counties for all primaries, elections, special primaries, special
elections, and runoffs for such elections for federal, state, and county offices
held in that year or any following year.
(c)(b)
The
Secretary
of State
chief election
officer is authorized to prescribe by rule
or regulation the type of electronic format for the provision of such election
returns."
SECTION
19.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-99,
relating to instruction of poll officers and workers in election procedures, as
follows:
"(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 prior
to each general primary and general election and each special primary and
special election; provided, however, such training shall not be required for a
special election held between the date of the general primary and the general
election. 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
chief election
officer on forms to be provided by the
Secretary
of State
chief election
officer of the date when such instruction
was held and the number of persons attending and completing such instruction.
For the purpose of giving such instructions, the superintendent shall call such
meeting or meetings of poll officers and poll workers as shall be necessary.
Each poll officer shall, upon notice, attend such meeting or meetings called for
his or her instruction."
SECTION
20.
Said
chapter is further amended by revising Code Section 21-2-100, relating to
training of local election officials, as follows:
"21-2-100.
(a)
The election superintendent and at least one registrar of the county or, in
counties with boards of election or combined boards of election and
registration, at least one member of the board or a designee of the board shall
attend a minimum of 12 hours´ training annually as may be selected by the
Secretary
of State
chief election
officer. The election superintendent and
at least one registrar of each municipality shall attend a minimum of 12
hours´ training biennially as may be selected by the
Secretary
of State
chief election
officer.
(b)
The basis for the minimum requirement of training shall be two calendar
years.
(c)
A waiver of the requirement of minimum training, either in whole or in part, may
be granted by the
Secretary
of State
chief election
officer, in the discretion of the
Secretary
of State
chief election
officer, upon the presentation of evidence
by the election superintendent, registrar, or board that the individual was
unable to complete such training due to medical disability, providential cause,
or other reason deemed sufficient by the
Secretary
of State
chief election
officer.
(d)
The cost of the training shall be borne by the governing authority of each
county from county funds and by the municipal governing authority from municipal
funds.
(e)
A superintendent or registrar and the county or municipal governing authority
which employs the superintendent or registrar may be fined by the
State
Election Board
chief election
officer for failure to attend the training
required in this Code section.
(f)
The minimum training required under this Code section shall not apply to deputy
registrars."
SECTION
21.
Said
chapter is further amended by revising Code Section 21-2-101, relating to
certification program for election superintendents or election board designee,
as follows:
"21-2-101.
(a)
All election superintendents or, in the case of a board of elections or a board
of elections and registration, the designee of such board charged with the daily
operations of such board shall become certified by completing a certification
program approved by the
Secretary
of State
chief election
officer by no later than December 31 of
the year in which they are appointed. Such program may include instruction on,
and may require the superintendent to demonstrate proficiency in, the operation
of the state´s direct recording electronic voting equipment and in state
and federal law and procedures related to elections. The local government
employing the superintendent or designee shall cover the costs, if any, incurred
by such superintendent or designee´s participation in the certification
program. Such certification programs shall be offered by the
Secretary
of State
chief election
officer on multiple occasions before
December 31 of the year in which such superintendents or designees are appointed
and shall not exceed 64 hours of classroom, online, and practical instruction as
authorized and approved by the
Secretary
of State
chief election
officer.
(b)
A waiver of the certification requirement, either in whole or in part, may be
granted by the
Secretary
of State
chief election
officer, in the discretion of the
Secretary
of State
chief election
officer, upon the presentation of evidence
by the election superintendent or board that the individual was unable to
complete such training due to medical disability, providential cause, or other
reason deemed sufficient by the
Secretary
of State
chief election
officer.
(c)
A superintendent and the county or municipal governing authority which employs
the superintendent may be fined by the
State
Election Board
chief election
officer for failure to attain the
certification required in this Code section."
SECTION
22.
Said
chapter is further amended by revising Code Section 21-2-110, relating to filing
of registration statements by political parties or bodies with the Secretary of
State, as follows:
"21-2-110.
(a)
The chief executive officer of each political party or body operating in this
state shall, within 60 days after the date of its organization or after June 24,
1964, whichever is later, file with the
Secretary
of State
chief election
officer a registration statement setting
forth:
(1)
Its name and the date and place of its creation;
(2)
The general purposes for which it was created;
(3)
Certified copies of its charter, bylaws, rules, and regulations, and other
documents of like dignity governing its organization and operation;
(4)
The address of its principal office;
(5)
The names, home addresses, and titles of the persons composing its governing
committee and executive officers; and
(6)
Such other information as the
Secretary
of State
chief election
officer may require as necessary or
appropriate in the public interest.
(b)
The chief executive officer of each municipal executive committee, whose state
executive committee has already filed with the
Secretary
of State
chief election
officer as a political party or body,
shall promptly file with the city clerk of the municipality and with its state
political party or body executive committee a registration statement setting
forth:
(1)
Its name and certified copies of its charter, bylaws, rules and regulations, and
other documents of like dignity governing its organization and
operation;
(2)
The address of its principal office; and
(3)
The names of its members, home addresses, and titles of the persons composing
its governing committee and executive officers.
(c)
No registration statement of a party, body, or municipal executive committee
shall be filed if the name of such party, body, or municipal executive committee
is identical with, or deceptively similar to, the name of any other existing
party, body, or municipal executive committee which was organized earlier and is
eligible at the time to file its registration statement with the
Secretary
of State
chief election
officer.
(d)
Within 30 days after the occurrence of a change in the information contained in
any registration statement, or prior amendment thereto, the chief executive
officer of the party, body, or municipal executive committee filing such
statement shall file an amendment thereto setting forth the information
necessary to maintain the currency of such statement.
(e)
The
Secretary
of State
chief election
officer shall receive a fee of $10.00 for
filing each registration statement required by subsection (a) of this Code
section and a fee of $2.00 for filing each amendment thereto.
(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, ballot, or ballot label."
SECTION
23.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-111,
relating to establishment of state and county executive committees, as
follows:
"(b)
The state executive committee of each political party shall formulate, adopt,
and promulgate rules and regulations, consistent with law, governing the conduct
of conventions and other party affairs. No such rule and regulation shall be
effective until copies thereof, certified by the chairperson, have been filed
with the
Secretary
of State
chief election
officer."
SECTION
24.
Said
chapter is further amended by revising Code Section 21-2-113, relating to chief
executive and county executive committees, as follows:
"21-2-113.
(a)
Each political body shall establish and maintain a chief executive committee
exercising jurisdiction and control over body affairs in the area of the state
in which it operates and a county executive committee exercising county-wide
jurisdiction and control over body affairs in each county in which the body
operates if it operates in two or more counties. A body may establish and
maintain such other committees as it may from time to time deem advisable. The
membership of such committees shall be selected in the manner determined by the
chief executive committee. Each committee shall be presided over by a
chairperson and shall have a secretary and such other officers as deemed
advisable.
(b)
The chief executive committee of each political body shall formulate, adopt, and
promulgate rules and regulations, consistent with law, governing the conduct of
conventions and other body affairs. No such rule and regulation shall be
effective until copies thereof, certified by the chairperson, have been filed
with the
Secretary
of State
chief election
officer.
(c)
The respective county executive committees of each political body shall
formulate, adopt, and promulgate rules and regulations, consistent with law and
the rules and regulations of the chief executive committee, governing the
conduct of conventions and other body affairs. No such rule or regulation shall
be effective until a copy thereof, certified by the chairperson, has been filed
with the superintendent of the county.
(d)
Whenever a municipal executive committee of a political party is established,
such committee shall formulate, adopt, and promulgate rules and regulations,
consistent with law and the rules and regulations of the
State
Election Board
chief election
officer and the state executive committee,
governing the conduct of primaries, conventions, and other party affairs within
the municipality. No such rule and regulation shall be effective until copies
thereof, certified by the chairperson, have been filed with the clerk of the
municipality."
SECTION
25.
Said
chapter is further amended by revising Code Section 21-2-131, relating to fixing
and publishing of qualification fees, as follows:
"21-2-131.
(a)
Qualification fees for party and public offices shall be fixed and published as
follows:
(1)(A)
The governing authority of any county or municipality, not later than
February 1 of any year in which a general primary, nonpartisan election, or
general election is to be held, and at least 35 days prior to the special
primary or election in the case of a special primary or special election, shall
fix and publish a qualifying fee for each county or municipal office to be
filled in the upcoming primary or election. Except as otherwise provided in
subparagraph (B) of this paragraph, such fee shall be 3 percent of the total
gross salary of the office paid in the preceding calendar year including all
supplements authorized by law if a salaried office.
(B)
For the offices of clerk of the superior court, judge of the probate court,
sheriff, tax commissioner, and magistrate, the qualifying fee shall be 3 percent
of the minimum salary specified in subsection (a) of Code Section 15-6-88,
paragraph (1) of subsection (a) of Code Section 15-9-63, subsection (a) of
Code Section 15-10-23, paragraph (1) of subsection (a) of Code Section 15-16-20,
and paragraph (1) of subsection (b) of Code Section 48-5-183, exclusive of
supplements, cost-of-living increases, and longevity increases. For the office
of members of the county governing authority, the qualifying fee shall be 3
percent of the base salary established by local Act of the General Assembly or
by Code Section 36-5-25 as adjusted pursuant to Code Section 36-5-24, if
applicable, exclusive of compensation supplements for training provided for in
Code Section 36-5-27 and cost-of-living adjustments pursuant to Code Section
36-5-28. If not a salaried office, a reasonable fee shall be set by the
governing authority of such county or municipality, such fee not to exceed 3
percent of the income derived from such county office by the person holding the
office for the preceding year or more than $35.00 for a municipal
office;
(2)
Within the same time limitation as provided in subparagraph (A) of paragraph (1)
of this subsection, the
Secretary
of State
chief election
officer shall fix and publish a qualifying
fee for any candidate qualifying by this method with a state political party and
for any candidate qualifying with the
Secretary
of State
chief election
officer for a nonpartisan election and for
any candidate filing with the
Secretary
of State
chief election
officer his or her notice of candidacy for
a general or special election. Such fee shall be 3 percent of the annual salary
of the office if a salaried office, except that the fee for members of the
General Assembly shall be $400.00. If not a salaried office, a reasonable fee
shall be set by the
Secretary
of State
chief election
officer, such fee not to exceed 3 percent
of the income derived from such office by the person holding the office for the
preceding year;
and
(3)
A reasonable qualifying fee may be set according to party rule for each
political party office to be filled in a primary. Such fees shall be set and
published by the county or state political party not later than February 1 of
the year in which the primary is to be held for the filling of such party
office.
(b)
Qualifying fees shall be paid as follows:
(1)
The qualifying fee for a candidate in a primary shall be paid to the county or
state political party at the time the candidate qualifies;
and
(2)
The qualifying fee for all other candidates shall be paid to the superintendent
or
Secretary
of State
chief election
officer at the time the notice of
candidacy is filed by the candidate.
(c)
Qualifying fees shall be prorated and distributed as follows:
(1)
Fees paid to the county political party: 50 percent to be retained by the county
political party with which the candidate qualified; 50 percent to be transmitted
to the superintendent of the county with the party´s certified list of
candidates not later than 12:00 Noon of the third day after the deadline for
qualifying in the case of a general primary and by 12:00 Noon of the day
following the closing of qualifications in the case of a special primary. Such
fees shall be transmitted as soon as practicable by the superintendent to the
governing authority of the county, to be applied toward the cost of the primary
and election;
(2)
Fees paid to the state political party: 75 percent to be retained by the state
political party; 25 percent to be transmitted to the
Secretary
of State
chief election
officer with the party´s certified
list of candidates not later than 12:00 Noon of the third day after the deadline
for qualifying in the case of a general primary and by 12:00 Noon of the day
following the closing of qualifications in the case of a special primary. Such
fees shall be transmitted as soon as practicable by the
Secretary
of State
chief election
officer as follows: one-third to the state
treasury and two-thirds divided among the governing authorities of the counties
in the candidate´s district in proportion to the population of each such
county according to the last United States decennial census, such fees to be
applied to the cost of holding the election;
(3)
Qualification fees paid to the superintendent of the county:
(A)
If the person qualifies as a candidate of a political body, 50 percent shall be
transmitted to the state executive committee of the appropriate political body
and 50 percent shall be retained by the superintendent of the
county;
(B)
If the person qualifies directly with the election superintendent as a candidate
of a political party in accordance with subsection (c) of Code Section 21-2-153,
25 percent shall be transmitted to the state executive committee of the
appropriate political party and 75 percent shall be retained by the
superintendent of the county; and
(C)
If the person qualifies as an independent or nonpartisan candidate, the
superintendent of the county shall retain the entire amount of the
fees.
Such
fees shall be transmitted as soon as practicable by the superintendent to the
governing authority of the county, to be applied toward the cost of holding the
election;
(4)
Qualification fees paid to the
Secretary
of State
chief election
officer shall be prorated and distributed
as follows:
(A)
If the person qualifies as the candidate of a political body, 75 percent shall
be transmitted to the appropriate political body and 25 percent shall be
retained by the
Secretary
of State
chief election
officer; and
(B)
If the person qualifies as an independent or nonpartisan candidate, the
Secretary
of State
chief election
officer shall retain the entire amount of
the fees.
Such
fees shall be transmitted as soon as practicable by the
Secretary
of State
chief election
officer as follows: one-third to the state
treasury and two-thirds divided among the governing authorities of the counties
in proportion to the population of each county according to the last United
States decennial census, such fees to be applied to the cost of holding the
election;
and
(5)
Qualification fees paid to the superintendent of a municipality:
(A)
If the person qualifies as a candidate of a political body, 50 percent shall be
transmitted to the state executive committee of the appropriate political body
and 50 percent shall be retained by the superintendent of the municipality;
and
(B)
If the person qualifies as an independent or nonpartisan candidate, the
superintendent of the municipality shall retain the entire amount of the
fees.
Such
fees shall be transmitted as soon as practicable by the superintendent to the
governing authority of the municipality, to be applied toward the cost of
holding the election."
SECTION
26.
Said
chapter is further amended by revising Code Section 21-2-132, relating to filing
notice of candidacy, nomination petition, and affidavit, as
follows:
"21-2-132.
(a)
The names of nominees of political parties nominated in a primary and the names
of nominees of political parties for the office of presidential elector shall be
placed on the election ballot without their filing the notice of candidacy
otherwise required by this Code section.
(b)
Candidates seeking election in a nonpartisan election shall comply with the
requirements of subsections (c) and (f) of this Code section, as modified by
subsection (g) of this Code section, by the date prescribed and shall by the
same date pay to the proper authority the qualifying fee prescribed by Code
Section 21-2-131 in order to be eligible to have their names placed on the
nonpartisan election ballots.
(c)
Except as provided in subsection (i) of this Code section, all candidates
seeking election in a nonpartisan election shall file their notice of candidacy
and pay the prescribed qualifying fee by the date prescribed in this subsection
in order to be eligible to have their names placed on the nonpartisan election
ballot by the
Secretary
of State
chief election
officer or election superintendent, as the
case may be, in the following manner:
(1)
Each candidate for the office of judge of the superior court, Judge of the Court
of Appeals, or Justice of the Supreme Court, or the candidate´s agent,
desiring to have his or her name placed on the nonpartisan election ballot shall
file a notice of candidacy, giving his or her name, residence address, and the
office sought, in the office of the
Secretary
of State
chief election
officer no earlier than 9:00 A.M. on the
fourth Monday in June immediately prior to the election and no later than 12:00
Noon on the Friday following the fourth Monday in June, notwithstanding the fact
that any such days may be legal holidays; and
(2)
Each candidate for a county judicial office, a local school board office, or an
office of a consolidated government, or the candidate´s agent, desiring to
have his or her name placed on the nonpartisan election ballot shall file notice
of candidacy in the office of the superintendent no earlier than 9:00 A.M. on
the fourth Monday in June immediately prior to the election and no later than
12:00 Noon on the Friday following the fourth Monday in June, notwithstanding
the fact that any such days may be legal holidays.
(d)
Except as provided in subsection (i) of this Code section, all political body
and independent candidates shall file their notice of candidacy and pay the
prescribed qualifying fee by the date prescribed in this subsection in order to
be eligible to have their names placed on the election ballot by the
Secretary
of State
chief election
officer or election superintendent, as the
case may be, in the following manner:
(1)
Each candidate for federal or state office, or his or her agent, desiring to
have his or her name placed on the election ballot shall file a notice of his or
her candidacy, giving his or her name, residence address, and the office he or
she is seeking, in the office of the
Secretary
of State
chief election
officer no earlier than 9:00 A.M. on the
fourth Monday in June immediately prior to the election and no later than 12:00
Noon on the Friday following the fourth Monday in June in the case of a general
election and no earlier than the date of the call of the election and no later
than 25 days prior to the election in the case of a special
election;
(2)
Each candidate for a county office, or his or her agent, desiring to have his or
her name placed on the election ballot shall file notice of his or her candidacy
in the office of the superintendent of his or her county no earlier than 9:00
A.M. on the fourth Monday in June immediately prior to the election and no later
than 12:00 Noon on the Friday following the fourth Monday in June in the case of
a general election and no earlier than the date of the call of the election and
no later than 25 days prior to the election in the case of a special election;
and
(3)
Each candidate for municipal office or a designee shall file a notice of
candidacy in the office of the municipal superintendent of such candidate´s
municipality during the municipality´s qualifying period. Each municipal
superintendent shall designate the days of the qualifying period, which shall be
no less than three days and no more than five days. The days of the qualifying
period shall be consecutive days. Qualifying periods shall commence no earlier
than 8:30 A.M. on the last Monday in August immediately preceding the general
election and shall end no later than 4:30 P.M. on the following Friday; and, in
the case of a special election, the municipal qualifying period shall commence
no earlier than the date of the call and shall end no later than 25 days prior
to the election. The hours of qualifying each day shall be from 8:30 A.M. until
4:30 P.M. with one hour allowed for the lunch break; provided, however, that
municipalities which have normal business hours which cover a lesser period of
time shall conduct qualifying during normal business hours for each such
municipality. Except in the case of a special election, notice of the opening
and closing dates and the hours for candidates to qualify shall be published at
least two weeks prior to the opening of the qualifying period.
(e)
Except as provided in subsection (i) of this Code section, each candidate
required to file a notice of candidacy by this Code section shall, no earlier
than 9:00 A.M. on the fourth Monday in June immediately prior to the election
and no later than 12:00 Noon on the second Tuesday in July immediately prior to
the election, file with the same official with whom he or she filed his or her
notice of candidacy a nomination petition in the form prescribed in Code Section
21-2-170, except that such petition shall not be required if such candidate
is:
(1)
A nominee of a political party for the office of presidential elector when such
party has held a national convention and therein nominated candidates for
President and Vice President of the United States;
(2)
Seeking office in a special election;
(3)
An incumbent qualifying as a candidate to succeed such incumbent if, prior to
the election in which such incumbent was originally elected to the office for
which such incumbent seeks reelection, such incumbent filed a notice of
candidacy and a nomination petition as required by this chapter;
(4)
A candidate seeking election in a nonpartisan election; or
(5)
A nominee for a state-wide office by a duly constituted political body
convention, provided that the political body making the nomination has qualified
to nominate candidates for state-wide public office under the provisions of Code
Section 21-2-180.
(f)
Each candidate required by this Code section to file a notice of candidacy shall
accompany his or her notice of candidacy with an affidavit stating:
(1)
His or her full name and the name as the candidate desires it to be listed on
the ballot. The surname of the candidate shall be the surname of the candidate
as it appears on the candidate´s voter registration card unless the
candidate provides proof that his or her surname as it appears on the
candidate’s registration card is incorrect in which event the correct name
shall be listed. After such name is submitted to the
Secretary
of State
chief election
officer or the election superintendent,
the form of such name shall not be changed during the election for which such
notice of candidacy is submitted;
(2)
His or her residence, with street and number, if any, and his or her post office
address;
(3)
His or her profession, business, or occupation, if any;
(4)
The name of his or her precinct;
(5)
That he or she is an elector of the county or municipality of his or her
residence eligible to vote in the election in which he or she is a
candidate;
(6)
The name of the office he or she is seeking;
(7)
That he or she is eligible to hold such office;
(8)
That the candidate has never been convicted and sentenced in any court of
competent jurisdiction for fraudulent violation of primary or election laws,
malfeasance in office, or felony involving moral turpitude or conviction of
domestic violence under the laws of this state or any other state or of the
United States, or that the candidate´s civil rights have been restored and
that at least ten years have elapsed from the date of the completion of the
sentence without a subsequent conviction of another felony involving moral
turpitude;
(9)
That he or she will not knowingly violate this chapter or rules and regulations
adopted under this chapter; and
(10)
Any other information as may be determined by the
Secretary
of State
chief election
officer to be necessary to comply with
federal and state law.
The
affidavit shall contain such other information as may be prescribed by the
officer with whom the candidate files his or her notice of
candidacy.
(g)
A pauper´s affidavit may be filed in lieu of paying the qualifying fee
otherwise required by this Code section and Code Sections 21-2-131 and 21-2-138
of any candidate who has filed a qualifying petition as provided for in
subsection (h) of this Code section. A candidate filing a pauper´s
affidavit instead of paying a qualifying fee shall under oath affirm his or her
poverty and his or her resulting inability to pay the qualifying fee otherwise
required. The form of the affidavit shall be prescribed by the
Secretary
of State
chief election
officer and shall include a financial
statement which lists the total income, assets, liabilities, and other relevant
financial information of the candidate and shall indicate on its face that the
candidate has neither the assets nor the income to pay the qualifying fee
otherwise required. The affidavit shall contain an oath that such candidate has
neither the assets nor the income to pay the qualifying fee otherwise required.
The following warning shall be printed on the affidavit form prepared by the
Secretary
of State
chief election
officer, to wit: 'WARNING: Any person
knowingly making any false statement on this affidavit commits the offense of
false swearing and shall be guilty of a felony.' The name of any candidate who
subscribes and swears to an oath that such candidate has neither the assets nor
the income to pay the qualifying fee otherwise required shall be placed on the
ballot by the
Secretary
of State
chief election
officer or election superintendent, as the
case may be.
(h)
No candidate shall be authorized to file a pauper´s affidavit in lieu of
paying the qualifying fee otherwise required by this Code section and Code
Section 21-2-138 unless such candidate has filed a qualifying petition which
complies with the following requirements:
(1)
A qualifying petition of a candidate seeking an office which is voted upon state
wide shall be signed by a number of voters equal to one-fourth of 1 percent of
the total number of registered voters eligible to vote in the last election for
the filling of the office the candidate is seeking and the signers of such
petition shall be registered and eligible to vote in the election at which such
candidate seeks to be elected. A qualifying petition of a candidate for any
other office shall be signed by a number of voters equal to 1 percent of the
total number of registered voters eligible to vote in the last election for the
filling of the office the candidate is seeking and the signers of such petition
shall be registered and eligible to vote in the election at which such candidate
seeks to be elected. However, in the case of a candidate seeking an office for
which there has never been an election or seeking an office in a newly
constituted constituency, the percentage figure shall be computed on the total
number of registered voters in the constituency who would have been qualified to
vote for such office had the election been held at the last general election and
the signers of such petition shall be registered and eligible to vote in the
election at which such candidate seeks to be elected;
(2)
Each person signing a qualifying petition shall declare therein that he or she
is a duly qualified and registered elector of the state entitled to vote in the
next election for the filling of the office sought by the candidate supported by
the petition and shall add to his or her signature his or her residence address,
giving municipality, if any, and county, with street and number, if any. No
person shall sign the same petition more than once. Each petition shall support
the candidacy of only a single candidate. A signature shall be stricken from
the petition when the signer so requests prior to the presentation of the
petition to the appropriate officer for filing, but such a request shall be
disregarded if made after such presentation;
(3)
A qualifying petition shall be on one or more sheets of uniform size and
different sheets must be used by signers resident in different counties. The
upper portion of each sheet, prior to being signed by any petitioner, shall bear
the name and title of the officer with whom the petition will be filed, the name
of the candidate to be supported by the petition, his or her profession,
business, or occupation, if any, his or her place of residence with street and
number, if any, the name of the office he or she is seeking, his or her
political party or body affiliation, if any, and the name and date of the
election in which the candidate is seeking election. If more than one sheet is
used, they shall be bound together when offered for filing if they are intended
to constitute one qualifying petition, and each sheet shall be numbered
consecutively, beginning with number one, at the foot of each page. Each sheet
shall bear on the bottom or back thereof the affidavit of the circulator of such
sheet, which affidavit must be subscribed and sworn to by such circulator before
a notary public and shall set forth:
(A)
His or her residence address, giving municipality with street and number, if
any;
(B)
That each signer manually signed his or her own name with full knowledge of the
contents of the qualifying petition;
(C)
That each signature on such sheet was signed within 180 days of the last day on
which such petition may be filed; and
(D)
That, to the best of the affiant´s knowledge and belief, the signers are
registered electors of the state qualified to sign the petition, that their
respective residences are correctly stated in the petition, and that they all
reside in the county named in the affidavit;
(4)
No qualifying petition shall be circulated prior to 180 days before the last day
on which such petition may be filed, and no signature shall be counted unless it
was signed within 180 days of the last day for filing the same; and
(5)
A qualifying petition shall not be amended or supplemented after its
presentation to the appropriate officer for filing.
No
notary public may sign the petition as an elector or serve as a circulator of
any petition which he or she notarized. Any and all sheets of a petition that
have the circulator´s affidavit notarized by a notary public who also
served as a circulator of one or more sheets of the petition or who signed one
of the sheets of the petition as an elector shall be disqualified and
rejected.
(i)
Notwithstanding any other provision of this chapter to the contrary, for general
elections held in the even-numbered year immediately following the official
release of the United States decennial census data to the states for the purpose
of redistricting of the legislatures and the United States House of
Representatives, candidates in such elections shall qualify as provided in this
subsection:
(1)
All candidates seeking election in a nonpartisan election shall file their
notice of candidacy and pay the prescribed qualifying fee by the date prescribed
in this paragraph in order to be eligible to have their names placed on the
nonpartisan election ballot by the
Secretary
of State
chief election
officer or election superintendent, as the
case may be, in the following manner:
(A)
Each candidate for the office of judge of the superior court, Judge of the Court
of Appeals, or Justice of the Supreme Court, or the candidate´s agent,
desiring to have his or her name placed on the nonpartisan election ballot shall
file a notice of candidacy, giving his or her name, residence address, and the
office sought, in the office of the
Secretary
of State
chief election
officer no earlier than 9:00 A.M. on the
last Monday in July immediately prior to the election and no later than 12:00
Noon on the Friday following the last Monday in July, notwithstanding the fact
that any such days may be legal holidays; and
(B)
Each candidate for a county judicial office, a local school board office, or an
office of a consolidated government, or the candidate´s agent, desiring to
have his or her name placed on the nonpartisan election ballot shall file a
notice of candidacy in the office of the superintendent no earlier than 9:00
A.M. on the last Monday in July immediately prior to the election and no later
than 12:00 Noon on the Friday following the last Monday in July, notwithstanding
the fact that any such days may be legal holidays;
(2)
All political body and independent candidates shall file their notice of
candidacy and pay the prescribed qualifying fee by the date prescribed in this
paragraph in order to be eligible to have their names placed on the general
election ballot by the
Secretary
of State
chief election
officer or election superintendent, as the
case may be, in the following manner:
(A)
Each candidate for federal or state office, or his or her agent, desiring to
have his or her name placed on the general election ballot shall file a notice
of his or her candidacy, giving his or her name, residence address, and the
office he or she is seeking, in the office of the
Secretary
of State
chief election
officer no earlier than 9:00 A.M. on the
last Monday in July immediately prior to the election and no later than 12:00
Noon on the Friday following the last Monday in July; and
(B)
Each candidate for a county office, or his or her agent, desiring to have his or
her name placed on the general election ballot shall file notice of his or her
candidacy in the office of the superintendent of his or her county no earlier
than 9:00 A.M. on the last Monday in July immediately prior to the election and
no later than 12:00 Noon on the Friday following the last Monday in July;
and
(3)
Candidates required to file nomination petitions under subsection (e) of this
Code section shall file such petitions not earlier than 9:00 A.M. on the fourth
Monday in July immediately prior to the general election and not later than
12:00 Noon on the first Monday in August immediately prior to the general
election."
SECTION
27.
Said
chapter is further amended by revising Code Section 21-2-133, relating to giving
notice of intent of write-in candidacy, as follows:
"21-2-133.
(a)
No person elected on a write-in vote shall be eligible to hold office unless
notice of his or her intention of candidacy was filed and published no earlier
than January 1 and no later than the Tuesday after the first Monday in September
prior to the election for county, state, and federal elections; no later than
seven days after the close of the municipal qualifying period for municipal
elections in the case of a general election; or no later than seven days after
the close of the special election qualifying period for a special election by
the person to be a write-in candidate or by some other person or group of
persons qualified to vote in the subject election, as follows:
(1)
In a state general or special election, notice shall be filed with the
Secretary
of State
chief election
officer and published in a newspaper of
general circulation in the state;
(2)
In a general or special election of county officers, notice shall be filed with
the superintendent of elections in the county in which he or she is to be a
candidate and published in the official organ of the same county;
or
(3)
In a municipal general or special election, notice shall be filed with the
superintendent and published in the official gazette of the municipality holding
the election.
(b)
In addition to the requirements contained in subsection (a) of this Code
section, the person or persons giving notice of intention of candidacy for a
write-in candidate shall also file, with the appropriate official specified in
paragraph (1), (2), or (3) of subsection (a) of this Code section, a copy of the
notice as published with an affidavit stating that the notice has been published
and including the name of the newspaper and the date of publication, not later
than the fifth day after the deadline for filing and publishing such notice.
The affidavit may be made by the person giving notice of intention of candidacy
or by the publisher of the newspaper in which the notice was published or by an
employee of the newspaper designated by the publisher.
(c)
No person shall be eligible as a write-in candidate in a special or general
primary, a special or general primary runoff, or in a special or general
election runoff.
(d)
No person shall be eligible as a write-in candidate in a general or special
election if such person was a candidate for nomination or election to the same
office in the immediately preceding primary.
(e)
The
Secretary
of State
chief election
officer or appropriate municipal official
shall certify to the election superintendent of each county affected at least
ten days prior to the general or special election the names of all persons who
have filed notices of intention to be write-in candidates with the
Secretary
of State
chief election
officer or appropriate municipal
official."
SECTION
28.
Said
chapter is further amended by revising Code Section 21-2-134, relating to
withdrawal, death, or disqualification of candidate for office, as
follows:
"21-2-134.
(a)(1)
A candidate nominated at any primary election or nominated by means other than a
primary may withdraw as a candidate at the ensuing general election by filing a
notarized affidavit of withdrawal with the
Secretary
of State
chief election
officer, if nominated for a state office;
the county superintendent, if nominated for a county office; or the municipal
superintendent, if nominated for a municipal office. The qualifying fee shall
not be returned to the candidate. If the ballots have been printed, the
Secretary
of State
chief election
officer or the county or municipal
superintendent may reprint the ballots to omit the name of the withdrawn
candidate. All votes cast for the withdrawn candidate shall be void and shall
not be counted. Prominent notices shall be posted in all polling places in
which the name of the withdrawn candidate appears on the ballot stating that the
candidate has withdrawn and that all votes cast for such withdrawn candidate
shall be void and shall not be counted. No vacancy on the ballot for a general
election or for a nonpartisan election shall be filled except by reason of the
death or disqualification of a candidate or the withdrawal of a candidate as
provided in paragraph (2) of subsection (b) of this Code
section.
(2)
A candidate in a general or special primary may withdraw as a candidate after
qualifying but prior to the date of the general or special primary by filing a
notarized affidavit of withdrawal with the
Secretary
of State
chief election
officer, if qualifying for a state office;
the county election superintendent, if qualifying for a county office; or the
municipal superintendent, if qualifying for a municipal office. A candidate of
a political body or an independent candidate in a general or special election
may withdraw as a candidate after qualifying but prior to the date of the
general or special election by filing a notarized affidavit of withdrawal with
the
Secretary
of State
chief election
officer, if qualifying for a state office;
the county election superintendent, if qualifying for a county office; or the
municipal superintendent, if qualifying for a municipal office. The qualifying
fee shall not be returned to the candidate. If the ballots have been printed,
the
Secretary
of State
chief election
officer, the county election
superintendent, or the municipal superintendent may reprint the ballots to omit
the name of the withdrawn candidate. All votes cast for the withdrawn candidate
shall be void and shall not be counted. Prominent notices shall be posted in
all polling places in which the name of the withdrawn candidate appears on the
ballot stating that the candidate has withdrawn and that all votes cast for such
withdrawn candidate shall be void and shall not be counted.
(b)(1)
Any vacancy in any party nomination filled by a primary created by reason of the
death or disqualification of a candidate occurring after nomination may be
filled in the following manner:
(A)
In the case of a public office to be filled by the vote of the electors of the
entire state in which the vacancy occurs after nomination but at least ten days
prior to the election to fill the public office sought by such candidate, the
vacancy may be filled by a substitute nomination made by a convention composed
of the delegates of the county executive committee of such party in each county
of the state. Immediately upon such vacancy occurring, the state executive
committee or a subcommittee thereof appointed for the purpose shall fix a time
within six days of the occurrence of such vacancy; shall select and provide a
convenient place for the holding of such a convention, which shall be open to
the public; and shall give notice thereof to the chairperson and secretary of
each county executive committee. Each county executive committee shall be
entitled to select the number of delegates apportioned to it by the state
executive committee; provided, however, that each county executive committee
shall be entitled to select at least one delegate. Such apportionment of
delegates among the counties shall be based substantially upon the population of
the state according to the last United States decennial census or upon the
number of votes cast within the state for the party´s candidates for
presidential electors in the last presidential election. A two-thirds´
majority of the delegates of such county executive committees shall constitute a
quorum for the transaction of business, and a majority of the delegates present
while a quorum exists shall be sufficient to fill such nomination by a
substitute nomination. Each delegate shall have one vote and all votes taken
shall be by a roll-call vote. The records of the convention shall be filed with
the state executive committee. In the event such a vacancy in party nomination
shall occur during the ten days preceding the day of such an election, such
vacancy may be filled by a substitute nomination made by the state executive
committee or a subcommittee thereof appointed for that purpose;
(B)
In the case of a public office for which a candidate must qualify with the state
executive committee, except a public office to be filled by the vote of the
electors of the entire state, the nomination may remain vacant or may be filled
at the decision of the state executive committee of the party. The decision
whether to fill such vacancy shall be made by the state executive committee by
4:00 P.M. on the next business day following the actual knowledge of the death
or disqualification of the candidate. The decision of the state executive
committee shall be immediately transmitted to the
Secretary
of State
chief election
officer. If the
Secretary
of State
chief election
officer has not been notified of the
decision of the state executive committee by 4:30 P.M. on the next business day
following the actual knowledge of the vacancy, it shall be conclusively presumed
that the state executive committee has decided not to fill the vacancy. If the
state executive committee decides not to fill the vacancy, the nomination shall
remain vacant. If the state executive committee decides to fill the vacancy,
the vacancy shall be filled by a substitute nomination made by the state
executive committee or a subcommittee thereof appointed for that
purpose;
(C)
In the case of a public office for which a candidate must qualify with the
county executive committee, the nomination may remain vacant or may be filled at
the decision of the state executive committee of the party. The state executive
committee or a subcommittee thereof may determine on its own whether to fill the
vacancy but is authorized, though not required, to seek the recommendation of
any of the following persons for the purpose of determining whether to fill the
vacancy: the county executive committee, if any; persons from the area who are
active in the party; persons who are present or former officials of the party;
persons who presently hold political office or have sought political office as
candidates of the party; or such other persons as the committee or subcommittee
may desire to consult. The decision whether to fill such vacancy shall be made
by the state executive committee by 4:00 P.M. on the next business day following
the actual knowledge of the death or disqualification of the candidate. The
decision of the state executive committee shall be immediately transmitted to
the county superintendent. If the county superintendent has not been notified
of the decision of the state executive committee by 4:30 P.M. on the next
business day following the actual knowledge of the vacancy, it shall be
conclusively presumed that the state executive committee has decided not to fill
the vacancy. If the state executive committee decides not to fill the vacancy,
the nomination shall remain vacant. If the state executive committee decides to
fill the vacancy, the vacancy shall be filled by a substitute nomination made by
the state executive committee or a subcommittee thereof appointed for that
purpose. The state executive committee or a subcommittee thereof may determine
on its own who shall fill the vacancy as a substitute nominee but is authorized,
though not required, to seek the recommendation of any of the following persons
for the purpose of determining the most suitable substitute nomination: the
county executive committee, if any; persons from the area who are active in the
party; persons who are present or former officials of the party; persons who
presently hold political office or have sought political office as candidates of
the party; or such other persons as the committee or subcommittee may desire to
consult; and
(D)
In the case of a public office for which a candidate must qualify with the
municipal executive committee, the nomination may remain vacant or may be filled
at the decision of the municipal executive committee of the party. The decision
whether to fill such vacancy shall be made by the municipal executive committee
by 4:00 P.M. on the next business day following the actual knowledge of the
death or disqualification of the candidate. The decision of the municipal
executive committee shall be immediately transmitted to the municipal
superintendent. If the municipal superintendent has not been notified of the
decision of the municipal executive committee by 4:30 P.M. on the next business
day following the actual knowledge of the vacancy, it shall be conclusively
presumed that the municipal executive committee has decided not to fill the
vacancy. If the municipal executive committee decides not to fill the vacancy,
the nomination shall remain vacant. If the municipal executive committee
decides to fill the vacancy, the vacancy shall be filled by a substitute
nomination made by the municipal executive committee or a subcommittee thereof
appointed for that purpose.
(2)
Any vacancy which occurs in any party nomination filled by a primary and which
is created by reason of the withdrawal of a candidate 60 or more days prior to
the date of the election shall be filled as follows:
(A)
By the person seeking nomination in such primary who received the second highest
total of votes cast in such primary for that office, provided that such person
received not less than 40 percent of the votes cast for that office;
or
(B)
In the event no person received the vote total required under subparagraph (A)
of this paragraph, such vacancy shall be filled in the same manner as provided
in subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection, as
appropriate.
(3)
Any vacancy which occurs in any party nomination filled by a primary and which
is created by reason of the withdrawal of a candidate less than 60 days prior to
the date of the election shall not be filled. The qualifying fee shall not be
returned to the candidate. If the ballots have been printed, the
Secretary
of State
chief election
officer or the county or municipal
superintendent may reprint the ballots to omit the name of the withdrawn
candidate. All votes cast for the withdrawn candidate shall be void and shall
not be counted. Prominent notices shall be posted in all polling places in
which the name of the withdrawn candidate appears on the ballot stating that the
candidate has withdrawn and that all votes cast for such withdrawn candidate
shall be void and shall not be counted.
(c)
Any vacancy occurring in any body nomination or party nomination filled by means
other than by primary, by reason of the withdrawal, death, or disqualification
of any candidate after nomination, may be filled by a substitute nomination made
by such committee as is authorized by the rules and regulations of the party or
body to make nominations in the event of vacancies on the party or body
ticket.
(d)
If the withdrawal, death, or disqualification of a candidate after nomination
for any public office would at the time of such event result in there being no
candidate for that office on the ballot in the general election, then the
vacancy shall be filled by a special primary which shall be open only to the
party of such deceased, withdrawn, or disqualified candidate and the office
shall be filled by a special election as provided in Code
Section 21-2-540.
(e)
Reserved.
(f)
Upon the making of any such substitute nomination, in the manner prescribed in
subsection (b) or (c) of this Code section, it shall be the duty of the
chairperson and secretary of the convention or committee making the nomination
to file with the
Secretary
of State
chief election
officer or with the superintendent, as the
case may be, a nomination certificate which shall be signed by such chairperson
and secretary. Every such certificate of nomination shall be sworn to by the
chairperson and secretary before an officer qualified to administer
oaths."
SECTION
29.
Said
chapter is further amended by revising Code Section 21-2-135, relating to
designation of specific office sought where office has multiple officeholders
with same title, as follows:
"21-2-135.
(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
chief election
officer 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.
(b)
In the case of the office of judge of a state court, judge of a superior court,
Judge of the Court of Appeals, or Justice of the Supreme Court, the name of the
person such candidate is seeking to succeed and such other designation as may be
required by the
Secretary
of State
chief election
officer or election superintendent shall
be included in the title of the office on the ballot in all nonpartisan
elections."
SECTION
30.
Said
chapter is further amended by revising Code Section 21-2-138, relating to
nonpartisan elections for judicial offices, as follows:
"21-2-138.
The
names of all candidates who have qualified with the
Secretary
of State
chief election
officer for the office of judge of a
superior court, Judge of the Court of Appeals, or Justice of the Supreme Court
of this state and the names of all candidates who have qualified with the
election superintendent for the office of judge of a state court shall be placed
on the ballot in a nonpartisan election to be held and conducted jointly with
the general election in each even-numbered year. No candidates for any such
office shall be nominated by a political party or by a petition as a candidate
of a political body or as an independent candidate. Candidates for any such
office shall have their names placed on the nonpartisan portion of each ballot
by complying with the requirements prescribed in Code Section 21-2-132
specifically related to such nonpartisan candidates and by paying the requisite
qualifying fees as prescribed in Code Section 21-2-131. Candidates shall be
listed on the official ballot in a nonpartisan election as provided in Code
Sections 21-2-284.1 and 21-2-285.1, respectively. Except as otherwise specified
in this chapter, the procedures to be employed in conducting the nonpartisan
election of judges of state courts, judges of superior courts, Judges of the
Court of Appeals, and Justices of the Supreme Court shall conform as nearly as
practicable to the procedures governing general elections; and such general
election procedures as are necessary to complete this nonpartisan election
process shall be adopted in a manner consistent with such nonpartisan
elections."
SECTION
31.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-139,
relating to nonpartisan elections authorized, as follows:
"(b)
Either a political party, as defined in this chapter, or a nonpartisan municipal
executive committee duly registered with the city clerk may conduct a municipal
primary for the purpose of electing its own officials or nominating candidates
for municipal elections. Every primary held for such purpose shall be presided
over and conducted in the manner prescribed by the rules and regulations of such
party or nonpartisan municipal executive committee, not inconsistent with the
law and the rules and regulations of the
State
Election Board
chief election
officer; provided, however, that all such
primaries must be conducted in such manner as to guarantee the secrecy of the
ballot."
SECTION
32.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-151,
relating to authorization for political party primaries, as
follows:
"(b)
The primary held for such purposes shall be conducted by the superintendent in
the same manner as prescribed by law and by rules and regulations of the
State
Election Board
chief election
officer and the superintendent for general
elections. Primaries of all political parties shall be conducted
jointly."
SECTION
33.
Said
chapter is further amended by revising Code Section 21-2-153, relating to
qualification of candidates for party nomination in a state or county primary,
as follows:
"21-2-153.
(a)
A candidate for any party nomination in a state or county primary may qualify by
either of the two following methods:
(1)
Payment of a qualifying fee pursuant to Code Section 21-2-131; or
(2)(A)
The submission of a pauper´s affidavit by any candidate who has filed a
qualifying petition as provided for in subsection (a.1) of this Code section, by
which the candidate under oath affirms his or her poverty and his or her
resulting inability to pay the qualifying fee otherwise required. The form of
the affidavit shall be prescribed by the
Secretary
of State
chief election
officer and shall include a financial
statement which lists the total income, assets, liabilities, and other relevant
financial information of the candidate and shall indicate on its face that the
candidate has neither the assets nor the income to pay the qualifying fee
otherwise required. The affidavit shall contain an oath that such candidate has
neither the assets nor the income to pay the qualifying fee otherwise required.
The following warning shall be printed on the affidavit form prepared by the
Secretary
of State
chief election
officer, to wit: 'WARNING: Any person
knowingly making any false statement on this affidavit commits the offense of
false swearing and shall be guilty of a felony.' The name of any candidate who
subscribes and swears to an oath that such candidate has neither the assets nor
the income to pay the qualifying fee otherwise required shall be placed on the
ballot by the
Secretary
of State
chief election
officer or election superintendent, as the
case may be.
(B)
If a candidate seeks to qualify for a county or militia district office, the
pauper´s affidavit and financial statement shall be presented to the county
political party; otherwise, the candidate shall file his or her pauper´s
affidavit and financial statement with the state political party.
(a.1)
No candidate shall be authorized to file a pauper´s affidavit in lieu of
paying the qualifying fee otherwise required by this Code section and Code
Section 21-2-131 unless such candidate has filed a qualifying petition which
complies with the following requirements:
(1)
A qualifying petition of a candidate seeking an office which is voted upon state
wide shall be signed by a number of voters equal to one-fourth of 1 percent of
the total number of registered voters eligible to vote in the last election for
the filling of the office the candidate is seeking and the signers of such
petition shall be registered and eligible to vote in the election at which such
candidate seeks to be elected. A qualifying petition of a candidate for any
other office shall be signed by a number of voters equal to 1 percent of the
total number of registered voters eligible to vote in the last election for the
filling of the office the candidate is seeking and the signers of such petition
shall be registered and eligible to vote in the election at which such candidate
seeks to be elected. However, in the case of a candidate seeking an office for
which there has never been an election or seeking an office in a newly
constituted constituency, the percentage figure shall be computed on the total
number of registered voters in the constituency who would have been qualified to
vote for such office had the election been held at the last general election and
the signers of such petition shall be registered and eligible to vote in the
election at which such candidate seeks to be elected;
(2)
Each person signing a qualifying petition shall declare therein that he or she
is a duly qualified and registered elector of the state entitled to vote in the
next election for the filling of the office sought by the candidate supported by
the petition and shall add to his or her signature his or her residence address,
giving municipality, if any, and county, with street and number, if any. No
person shall sign the same petition more than once. Each petition shall support
the candidacy of only a single candidate. A signature shall be stricken from
the petition when the signer so requests prior to the presentation of the
petition to the appropriate officer for filing, but such a request shall be
disregarded if made after such presentation;
(3)
A qualifying petition shall be on one or more sheets of uniform size and
different sheets must be used by signers resident in different counties. The
upper portion of each sheet, prior to being signed by any petitioner, shall bear
the name and title of the officer with whom the petition will be filed, the name
of the candidate to be supported by the petition, his or her profession,
business, or occupation, if any, his or her place of residence with street and
number, if any, the name of the office he or she is seeking, his or her
political party or body affiliation, if any, and the name and date of the
election in which the candidate is seeking election. If more than one sheet is
used, they shall be bound together when offered for filing if they are intended
to constitute one qualifying petition, and each sheet shall be numbered
consecutively, beginning with number one, at the foot of each page. Each sheet
shall bear on the bottom or back thereof the affidavit of the circulator of such
sheet, setting forth:
(A)
His or her residence address, giving municipality with street and number, if
any;
(B)
That each signer manually signed his or her own name with full knowledge of the
contents of the qualifying petition;
(C)
That each signature on such sheet was signed within 180 days of the last day on
which such petition may be filed; and
(D)
That, to the best of the affiant´s knowledge and belief, the signers are
registered electors of the state qualified to sign the petition, that their
respective residences are correctly stated in the petition, and that they all
reside in the county named in the affidavit;
(4)
No qualifying petition shall be circulated prior to 180 days before the last day
on which such petition may be filed, and no signature shall be counted unless it
was signed within 180 days of the last day for filing the same; and
(5)
A qualifying petition shall not be amended or supplemented after its
presentation to the appropriate officer for filing.
(b)
Unless otherwise provided by law, all candidates for party nomination in a state
or county primary shall qualify as such candidates in accordance with the
procedural rules of their party; provided, however, that no person shall be
prohibited from qualifying for such office if he or she:
(1)
Meets the requirements of such procedural rules;
(2)
Is eligible to hold the office which he or she seeks;
(3)
Is not prohibited from being nominated or elected by provisions of Code
Section 21-2-7 or 21-2-8; and
(4)
If party rules so require, affirms his or her allegiance to his or her party by
signing the following oath:
'I
do hereby swear or affirm my allegiance to the (name of party)
Party.'
(c)(1)
In the case of a general state or county primary, the candidates or their agents
shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately
prior to the state or county primary and shall cease qualifying at 12:00 Noon on
the Friday following the fourth Monday in April, notwithstanding the fact that
any such days may be legal holidays; provided, however, that, in the case of a
general primary held in the even-numbered year immediately following the
official release of the United States decennial census data to the states for
the purpose of redistricting of the legislatures and the United States House of
Representatives, the candidates or their agents for political party nomination
to county offices shall commence qualifying at 9:00 A.M. on the third Wednesday
in June immediately prior to such primary and shall cease qualifying at 12:00
Noon on the Friday following the third Wednesday in June, notwithstanding the
fact that any such days may be legal holidays, and provided, further, that
candidates for political party nomination to federal and state offices in a
general primary shall commence qualifying at 9:00 A.M. on the third Wednesday in
June immediately prior to such primary and shall cease qualifying at 12:00 Noon
on the Friday following the third Wednesday in June, notwithstanding the fact
that any such days may be legal holidays, and shall qualify in person or by
their agents with their respective political party in the state capitol under
such rules and regulations as the
Secretary
of State
chief election
officer may promulgate and provided,
further, that all qualifying for federal and state offices on the last day of
the qualifying period shall be conducted in the chamber of the House of
Representatives in the state capitol. In the case of a special primary, the
candidate shall qualify no earlier than the date of the call for the special
primary and no later than 25 days prior to the date of such primary, and such
qualifying period shall be open for a minimum of two and one-half
days.
(2)
If a political party has not designated at least 14 days prior to the beginning
of qualifying a party official in a county with whom the candidates of such
party for county elective offices shall qualify, the election superintendent of
the county shall qualify candidates on behalf of such party. The election
superintendent shall give notice in the legal organ of the county at least three
days before the beginning of qualifying giving the dates, times, and location
for qualifying candidates on behalf of such political party.
(d)(1)
Within two hours after the qualifications have ceased, the county executive
committee of each political party shall post at the county courthouse a list of
all candidates who have qualified with such executive committee, and the state
executive committee of each political party shall post a list of all candidates
who have qualified with such committee at the courthouse of the county in which
such executive committee´s office is located. If the election
superintendent qualifies the candidates for a political party in accordance with
subsection (c) of this Code section, the election superintendent shall post at
the county courthouse a list of all the candidates who have qualified with such
superintendent for such political party.
(2)
Except as otherwise provided in Code Section 21-2-154, it shall be unlawful for
any person to add or remove any candidates from either of the lists provided for
in paragraph (1) of this subsection following the posting of such lists
unless such candidates have died, withdrawn, or been disqualified. Any person
who violates this paragraph shall be guilty of a misdemeanor.
(e)
Each candidate for party nomination described in subsection (a) of this Code
section shall file an affidavit with the political party at the time of his or
her qualifying stating:
(1)
His or her full name and the name as the candidate desires it to be listed on
the ballot. The surname of the candidate shall be the surname of the candidate
as it appears on the candidate´s voter registration card. After such name
is certified by the political party to the
Secretary
of State
chief election
officer or the election superintendent,
the form of such name shall not be changed during the primary and election for
which such affidavit is submitted;
(2)
His or her residence, with street and number, if any, and his or her post office
address;
(3)
His or her profession, business, or occupation, if any;
(4)
The name of his or her precinct;
(5)
That he or she is an elector of the county of his or her residence eligible to
vote in the primary election in which he or she is a candidate for
nomination;
(6)
The name of the office he or she is seeking;
(7)
That he or she is eligible to hold such office;
(8)
That the candidate has never been convicted and sentenced in any court of
competent jurisdiction for fraudulent violation of primary or election laws,
malfeasance in office, or felony involving moral turpitude under the laws of
this state or any other state or of the United States, or that the
candidate´s civil rights have been restored and that at least ten years
have elapsed from the date of the completion of the sentence without a
subsequent conviction of another felony involving moral turpitude;
(9)
That he or she will not knowingly violate this chapter or rules or regulations
adopted under this chapter; and
(10)
Any other information as may be determined by the
Secretary
of State
chief election
officer to be necessary to comply with
federal and state law.
(f)
Candidates for the office of presidential elector or their agents who have been
nominated in accordance with the rules of a political party shall qualify
beginning at 9:00 A.M. on the fourth Monday in April in the year in which a
presidential election shall be held and shall cease qualifying at 12:00 Noon on
the Friday following the fourth Monday in April, notwithstanding the fact that
any such days may be legal holidays; provided, however, that, for presidential
elections held in the even-numbered year immediately following the official
release of the United States decennial census data to the states for the purpose
of redistricting of the legislatures and the United States House of
Representatives, candidates for the office of presidential elector who have been
nominated in accordance with the rules of a political party shall commence
qualifying beginning at 9:00 A.M. on the third Wednesday in June immediately
prior to such election and shall cease qualifying at 12:00 Noon on the Friday
following the third Wednesday in June, notwithstanding the fact that any such
days may be legal holidays, and shall qualify in person or by their agents with
their respective political party in the state capitol under such rules and
regulations as the
Secretary
of State
chief election
officer may promulgate."
SECTION
34.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-154,
relating to certification of political party candidates, as
follows:
"(a)
At or before 12:00 Noon on the third day after the deadline for qualifying, the
county executive committee of each political party shall certify to the
superintendent and the state executive committee of each political party shall
certify to the
Secretary
of State
chief election
officer, on forms prescribed by the
Secretary
of State
chief election
officer, all those candidates who have
qualified with such committee for the succeeding primary election. Such
certification shall be accompanied by the appropriate amount of the qualifying
fees paid by such candidates as prescribed in paragraph (1) or (2) of
subsection (c) of Code Section 21-2-131 and a copy of the declaration of
candidacy and affidavit of each such candidate. Such certification shall not be
accepted if the political party has not registered with the
Secretary
of State
chief election
officer as required in Article 3 of this
chapter. When the election superintendent qualifies candidates on behalf of a
political party pursuant to subsection (c) of Code Section 21-2-153, the
election superintendent shall certify at or before 12:00 Noon on the third day
after the deadline for qualifying, on forms provided by the
Secretary
of State
chief election
officer, all those candidates of such
political party who qualified with the election
superintendent."
SECTION
35.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-156,
relating to payment of primary expenses, as follows:
"(a)
The expenses of a primary shall be paid by the respective county, except that
the expenses of municipal primaries shall be governed by subsections (b) and (c)
of this Code section, and forms listed under paragraph (5) of Code Section
21-2-50 shall be furnished upon request by the
Secretary
of State
chief election
officer."
SECTION
36.
Said
chapter is further amended by revising subsection (g) of Code Section 21-2-170,
relating to nomination of candidates by petition, as follows:
"(g)
Only those candidates whose petitions are accompanied by a certificate sworn to
by the chairperson and secretary of a political body duly registered with the
Secretary
of State
chief election
officer as required by Code Section
21-2-110, stating that the named candidate is the nominee of that political body
by virtue of being nominated in a convention, as prescribed in Code Section
21-2-172, shall be listed on the ballot under the name of the political body.
All petition candidates not so designated as the nominee of a political body
shall be listed on the ballot in the independent column."
SECTION
37.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-171,
relating to examination of petitions, as follows:
"(a)
When any nomination petition is presented in the office of the
Secretary
of State
chief election
officer or of any superintendent for
filing within the period limited by this chapter, it shall be the duty of such
officer to examine the same to the extent necessary to determine if it complies
with the law. No nomination petition shall be permitted to be filed
if:
(1)
It contains material errors or defects apparent on the face
thereof;
(2)
It contains material alterations made after signing without the consent of the
signers; or
(3)
It does not contain a sufficient number of signatures of registered voters as
required by law.
The
Secretary
of State
chief election
officer or any superintendent shall review
the petition for compliance with the provisions of Code Section 21-2-170 and
shall disregard any pages or signatures that are not in conformance with the
provisions of that Code section. The
Secretary
of State
chief election
officer or any superintendent may question
the genuineness of any signature appearing on a petition or the qualification of
any signer whose signature appears thereon and, if he or she shall thereupon
find that any such signature is improper, such signature shall be disregarded in
determining whether the petition contains a sufficient number of signatures as
required by law. The invalidity of any sheet of a nomination petition shall not
affect the validity of such petition if a sufficient petition remains after
eliminating such invalid sheet."
SECTION
38.
Said
chapter is further amended by revising subsections (a), (b), and (c) of Code
Section 21-2-172, relating to nomination of presidential electors and candidates
of political bodies by convention, as follows:
"(a)
Any political party desiring to nominate its presidential electors by
convention, any political body desiring to nominate its candidates qualifying
with petitions by convention, and any political body desiring to nominate its
candidates for state-wide public office by convention by virtue of qualifying
under Code Section 21-2-180 shall, through its state executive committee, adopt
rules and regulations in conformity with this Code section governing the holding
of such conventions for the nomination of candidates for any state, district, or
county office. Such rules and regulations shall be filed with the
Secretary
of State
chief election
officer, and no amendment to such rules
and regulations shall be effective unless filed with the
Secretary
of State
chief election
officer at least 30 days prior to the date
of such convention. The state party or body chairperson of such political party
or body and its secretary shall accompany the filing of such rules and
regulations with their certificate certifying that the rules and regulations
therein filed are a true and correct copy of the rules and regulations of the
party pertaining to the nomination of candidates by the convention
method.
(b)
The
Secretary
of State
chief election
officer shall examine all such rules and
all amendments thereto as shall be filed with him or her within 15 days after
receipt thereof. If, in the opinion of the
Secretary
of State
chief election
officer, any rule or regulation, or any
part thereof, does not meet the requirements prescribed by this Code section, he
or she shall notify the state party or body chairperson and secretary of such
party or body in writing, stating therein his or her reasons for rejecting such
rule or regulation. If, in the judgment of the
Secretary
of State
chief election
officer, such rules and regulations meet
the requirements prescribed by this Code section, they shall be
approved.
(c)
The
Secretary
of State
chief election
officer shall not approve any such rules
or regulations unless they provide:
(1)
That a notice of the proposed date for the holding of any such convention must
be published in a newspaper having a general circulation within the area to be
affected at least ten days prior to the date of any such convention. Such
notice shall also state the purpose for which the convention has been
called;
(2)
That delegates to the convention shall be certified pursuant to appropriate
party or body rules by the proper party or body officials;
(3)
That delegates to the convention shall be apportioned in such manner as will
properly reflect the number of electors residing within the political
subdivisions or areas affected in accordance with the last United States
decennial census, or apportioned according to the number of votes received by
the party´s candidate for the office of President of the United States in
the last presidential election in the areas concerned, or apportioned according
to the number of votes received by the party´s candidate for the office of
Governor of Georgia in the last gubernatorial election in the areas
concerned;
(4)
In the event that more than one county is involved, each county shall have at
least one delegate to the convention, and such additional delegates as shall be
allotted thereto shall be apportioned according to paragraph (3) of this
subsection; and
(5)
That a certified copy of the minutes of the convention, attested to by the
chairperson and secretary of the convention, must be filed by the nominee with
his or her notice of candidacy."
SECTION
39.
Said
chapter is further amended by revising Code Section 21-2-180, relating to manner
of qualification for the nomination of candidates of political bodies for
state-wide public office by convention, as follows:
"21-2-180.
Any
political body which is duly registered as provided for in Code Section 21-2-110
is qualified to nominate candidates for state-wide public office by convention
if:
(1)
The political body files with the
Secretary
of State
chief election
officer a petition signed by voters equal
in number to 1 percent of the registered voters who were registered and eligible
to vote in the preceding general election; or
(2)
At the preceding general election, the political body nominated a candidate for
state-wide office and such candidate received a number of votes equal to 1
percent of the total number of registered voters who were registered and
eligible to vote in such general election."
SECTION
40.
Said
chapter is further amended by revising Code Section 21-2-181, relating to filing
of petitions generally, as follows:
"21-2-181.
Petitions
to qualify political bodies to nominate candidates for state-wide public office
by convention shall be filed with the
Secretary
of State
chief election
officer and shall be signed by voters in
the manner provided in this part. Such petitions shall provide sufficient space
for the printing of the voter´s name and for the voter´s signature.
No forms other than those prescribed in this part shall be used for qualifying a
political body to nominate candidates for public office."
SECTION
41.
Said
chapter is further amended by revising Code Section 21-2-182, relating to
contents of petitions, as follows:
"21-2-182.
Each
person signing a political body qualifying petition shall declare therein that
such person is a duly qualified and registered voter of the state, entitled to
vote in the next election for members of the General Assembly, and shall provide
with such person´s signature such person´s residence address and
county and the date of such person´s signature. No person shall sign the
same petition more than once. Each petition shall support the qualification of
only one political body. No signature shall be valid if made more than 15
months prior to the submission of the petitions to the
Secretary
of State
chief election
officer. A signature shall be stricken
from the petition when the signer so requests prior to the presentation of the
petitions to the
Secretary
of State
chief election
officer for filing, but such request shall
be disregarded if made after such presentation."
SECTION
42.
Said
chapter is further amended by revising Code Section 21-2-183, relating to form
of petitions, as follows:
"21-2-183.
(a)
A petition to qualify a political body to nominate candidates for public office
by convention shall be on one or more sheets of uniform size, and different
sheets must be used by signers residing in different counties. The upper
portion of each sheet, prior to being signed by any petitioner, shall bear the
name and title of the
Secretary
of State
chief election
officer and the political body to be
formed by the petition. If more than one sheet is used, they shall be bound
together when offered for filing and each sheet shall be numbered consecutively,
beginning with number one, at the foot of each page.
(b)
Each sheet shall bear on the bottom or back thereof the affidavit of the
circulator of such sheet setting forth:
(1)
The residence address of the circulator;
(2)
That each signer manually signed such signer´s own name with full knowledge
of the contents of the political body qualifying petitions;
(3)
That, to the best of the affiant´s knowledge and belief, the signers are
registered voters of the State of Georgia, qualified to sign the
petition;
(4)
That their respective residences are correctly stated in the petition;
and
(5)
That they all reside in the county named in the affidavit."
SECTION
43.
Said
chapter is further amended by revising Code Section 21-2-184, relating to
restriction on amendment or supplementation, as follows:
"21-2-184.
A
petition to qualify a political body to nominate candidates for state-wide
public office by convention shall not be amended or supplemented after its
presentation to the
Secretary
of State
chief election
officer for filing."
SECTION
44.
Said
chapter is further amended by revising Code Section 21-2-185, relating to filing
deadline, as follows:
"21-2-185.
No
petition to qualify a political body shall be submitted to the
Secretary
of State
chief election
officer for verification after 12:00 Noon
on the second Tuesday in July."
SECTION
45.
Said
chapter is further amended by revising Code Section 21-2-191, relating to
parties entitled to hold presidential preference primaries, as
follows:
"21-2-191.
As
provided in this article, a presidential preference primary shall be held in
2008 and every four years thereafter for each political party or body which has
cast for its candidates for President and Vice President in the last
presidential election more than 20 percent of the total vote cast for President
and Vice President in the state, so that the electors may express their
preference for one person to be the candidate for nomination by such
person´s party or body for the office of President of the United States;
provided, however, that no elector shall vote in the primary of more than one
political party or body in the same presidential preference primary. Such
primary shall be held on February 5, 2008, and on the first Tuesday in
February every four years thereafter. A state political party or body may by
rule choose to elect any portion of its delegates to that party´s or
body´s presidential nominating convention in the primary; and, if a state
political party or body chooses to elect any portion of its delegates, such
state political party or body shall establish the qualifying period for those
candidates for delegate and delegate alternate positions which are to be elected
in the primary and for any party officials to be elected in the primary and
shall also establish the date on which state and county party executive
committees shall certify to the
Secretary
of State
chief election
officer or the superintendent, as the case
may be, the names of any such candidates who are to be elected in the primary;
provided, however, that such dates shall not be later than November 1 of the
year preceding the year in which the presidential preference primary is to be
held."
SECTION
46.
Said
chapter is further amended by revising Code Section 21-2-192, relating to
proclamation by Governor, as follows:
"21-2-192.
It
shall be the duty of the Governor to issue his proclamation for such
presidential preference primary, a copy of which shall be transmitted promptly
by the
Secretary
of State
chief election
officer to the superintendent of each
county."
SECTION
47.
Said
chapter is further amended by revising Code Section 21-2-193, relating to list
of names of candidates to appear on ballot, as follows:
"21-2-193.
Not
later than November 1 of the year preceding the year in which a presidential
preference primary is to be held, the state executive committee of each party
which is to conduct a presidential preference primary shall submit to the
Secretary
of State
chief election
officer a list of the names of the
candidates of such party to appear on the presidential preference primary
ballot. Such lists shall be published by the
Secretary
of State
chief election
officer in a newspaper of general
circulation in the state during the first week of December in the year
immediately preceding the year in which the presidential preference primary is
to be held."
SECTION
48.
Said
chapter is further amended by revising Code Section 21-2-195, relating to
procedures by which delegates and alternates to national nominating conventions
selected, as follows:
"21-2-195.
The
state executive committee of each political party or body shall determine the
method and procedures by which delegates and delegate alternates to the national
nominating conventions are to be selected as well as adopt any other rule not
inconsistent with this article. The state executive committee of the political
party or body shall establish, at least 90 days prior to the presidential
preference primary, procedures to be followed in the nomination of candidates
for delegates and delegate alternates to the nominating convention of the
political party or body. A copy of any rule or regulation adopted by the state
executive committee shall be sent to the
Secretary
of State
chief election
officer within seven days after its
adoption, to become a public record."
SECTION
49.
Said
chapter is further amended by revising Code Section 21-2-196, relating to
qualification oath of delegates and alternates to national convention, as
follows:
"21-2-196.
Any
person selected as a delegate or delegate alternate to such national convention
shall file a qualification oath with the
Secretary
of State
chief election
officer pledging support at the convention
to the candidate of their political party or body for the office of President of
the United States for whom they are selected to support. The oath shall state
that the delegate or delegate alternate affirms to support such candidate until
the candidate is either nominated by such convention or receives less than 35
percent of the votes for nomination by such convention during any balloting, or
until the candidate releases the delegates from such pledge. No delegate shall
be required to vote for such candidate after two convention nominating ballots
have been completed."
SECTION
50.
Said
chapter is further amended by revising Code Section 21-2-200, relating to
applicability of general primary provisions, as follows:
"21-2-200.
A
presidential preference primary shall be conducted, insofar as practicable,
pursuant to this chapter respecting general primaries, except as otherwise
provided in this article. In setting up the form of the ballot, the
Secretary
of State
chief election
officer shall provide for designating the
name of the candidate to whom a candidate for delegate or delegate alternate is
pledged, if any."
SECTION
51.
Said
chapter is further amended by revising Code Section 21-2-210, relating to the
Secretary of State being deemed the chief state election official, as
follows:
"21-2-210.
The
Secretary
of State
chief election
officer is designated as the chief state
election official to coordinate the responsibilities of this state under the
National Voter Registration Act of 1993 (P.L. 103-31) as required by 42 U.S.C.
Section 1973gg-8."
SECTION
52.
Said
chapter is further amended by revising Code Section 21-2-211, relating to list
of registered electors, as follows:
"21-2-211.
(a)
The
Secretary
of State
chief election
officer shall establish and maintain a
list of all eligible and qualified registered electors in this state which shall
be the official list of electors for use in all elections in this state
conducted under this title.
(b)(1)
As used in this subsection, the term 'equipment' shall include, but not be
limited to, computer hardware; computer software; modems, controllers, and other
data transmission devices; data transmission lines; scanners and other digital
imaging devices; and printers.
(2)
The
Secretary
of State
chief election
officer is authorized to procure and
provide all of the necessary equipment to permit the county boards of registrars
to access and utilize the official list of electors maintained by the
Secretary
of State
chief election
officer pursuant to this Code section,
provided that funds are specifically appropriated by the General Assembly for
that purpose."
SECTION
53.
Said
chapter is further amended by revising subsections (a) and (e) of Code Section
21-2-212, relating to county registrars, as follows:
"(a)
The judge of the superior court in each county or the senior judge in time of
service in those counties having more than one judge shall appoint
quadrennially, upon the recommendation of the grand jury of such county, not
less than three nor more than five judicious, intelligent, and upright electors
of such county as county registrars. The grand jury shall submit to the judge
the names of ten such electors and the appointment shall be made therefrom and
shall be entered on the minutes of the court. When making such appointments,
the judge will designate one of the registrars as chief registrar who shall
serve as such during such registrar´s term of office, and such designation
shall likewise be entered on the minutes of the court. It shall be the duty of
the clerk of the superior court to certify the appointments and designation to
the Secretary of State
and the chief
election officer within 30 days after the
appointments and designation, and
the Secretary
of State shall issue commissions
shall be
issued as for county officers. When
certifying such names to the Secretary of State
and the chief
election officer, the clerk of the
superior court shall also list the addresses of the registrars. Such judge will
have the right to remove one or more of such registrars at any time for cause
after notice and hearing. In case of the death, resignation, or removal of a
registrar, the judge shall appoint a successor who shall serve until the next
grand jury convenes, at which time the grand jury shall submit to the judge the
names of two judicious, intelligent, and upright electors of such county; and
the judge shall make an appointment from said list, such successor to serve the
unexpired term of such registrar´s predecessor in office. In the event the
grand jury is in session at the time of any such death, removal, or resignation,
such grand jury shall immediately submit the names of said electors to the judge
for such appointment. Each such appointment or change in designation shall be
entered on the minutes of the court and certified as provided in this Code
section."
"(e)
Any other provision of this Code section to the contrary notwithstanding, in any
county of this state having a population of more than 600,000 according to the
United States decennial census of 1990 or any future such census, the governing
authority of the county shall appoint the county registrars in lieu of the judge
of the superior court. The appointments shall be entered on the minutes of the
county governing authority. The county governing authority shall designate one
of the registrars as chief registrar, who shall serve as such during such
registrar´s term of office. Such designation shall likewise be entered on
the minutes of such governing authority. It shall be the duty of the county
governing authority to certify the appointments and designation to the Secretary
of State and
the chief election officer within 30 days
after such appointments and designation. In certifying such names to the
Secretary of State
and the chief
election officer, the county governing
authority shall also list the addresses of the registrars. Such registrars
shall serve at the pleasure of the governing authority of the county, and the
compensation of the registrars shall be fixed by the governing authority of the
county. Any registrar shall have the right to resign at any time by submitting
a resignation to such governing authority. In the event of the death,
resignation, or removal of any registrar, such registrar´s duties and
authority as such shall terminate instantly. Successors shall be appointed by
the county governing authority. Each appointment or change in designation shall
be entered on the minutes of such governing authority and certified as provided
in this Code section. The first appointments in any such county under this
article shall be made in the year 1965, and the persons appointed shall assume
office July 1, 1965. The governing authorities of such counties may furnish
such employees and facilities as they deem necessary for the operation of the
office and affairs of the registrars."
SECTION
54.
Said
chapter is further amended by revising subsection (c) of Code Section 21-2-213,
relating to county deputy registrars, as follows:
"(c)
In every county wherein the registrars do not maintain an office which is open
and staffed during regular business hours, the registrars shall designate and
appoint as chief deputy registrar a full-time county officer or employee for the
purpose of registering eligible electors and performing other duties as may be
required by the board of registrars. The governing authority of the county
shall provide for the compensation of the chief deputy registrar in an amount
not less than $293.29 per month. The name, business address, telephone number,
and any other pertinent information relative to the chief deputy registrar shall
be forwarded by the registrars to the
Secretary
of State´s
chief election
officer´s office, where such
information shall be maintained on file."
SECTION
55.
Said
chapter is further amended by revising subsections (f) and (i) of Code Section
21-2-215, relating to the main office of board of registrars, as
follows:
"(f)
The State
Election Board
chief election
officer shall adopt rules and regulations
setting forth criteria governing the selection of voter registration places in
conformity with the provisions of subsection (d) of this Code section. Boards
of registrars shall not adopt rules nor utilize procedures inconsistent with
such rules and regulations adopted by the
State
Election Board
chief election
officer; provided, however, that nothing
contained in this subsection shall supersede the ultimate authority of local
boards in selecting additional voter registration sites."
"(i)
The board of registrars shall enter into the state-wide voter registration
system credit for voting by qualified electors
to the
Secretary of State within 60 days of a
primary or election for the purpose of maintaining the list of electors and
voter
the
voting history
of the
electors."
SECTION
56.
Said
chapter is further amended by revising paragraph (15) of subsection (a) of Code
Section 21-2-217, relating to rules for determining residence, as
follows:
"(15)
For voter registration purposes, the board of registrars and, for candidacy
residency purposes, the
Secretary
of State
chief election
officer, election superintendent, or
hearing officer may consider evidence of where the person receives significant
mail such as personal bills and any other evidence that indicates where the
person resides."
SECTION
57.
Said
chapter is further amended by revising Code Section 21-2-218, relating to
cancellation of registration in former state or county, as follows:
"21-2-218.
(a)
Any person, who is registered to vote in another state and who moves such
person´s residence from that state to this state, shall, at the time of
making application to register to vote in this state, provide such information
as specified by the
Secretary
of State
chief election
officer in order to notify such
person´s former voting jurisdiction of the person´s application to
register to vote in this state and to cancel such person´s registration in
the former place of residence.
(b)
Any person, who is registered to vote in another county or municipality in this
state and who moves such person´s residence from that county or
municipality to another county or municipality in this state, shall, at the time
of making application to register to vote in that county or municipality,
provide such information as specified by the
Secretary
of State
chief election
officer in order to notify such
person´s former voting jurisdiction of the person´s application to
register to vote in the new place of residence and to cancel such person´s
registration in the former place of residence.
(c)
In the event that an elector moves to a residence within the county or
municipality and has a different address from the address contained on the
person´s registration card, it shall be the duty of such elector to notify
the board of registrars of such fact by the fifth Monday prior to the primary or
election in which such elector wishes to vote by submitting the change of
address in writing. The board of registrars shall then correct the
elector´s record to reflect the change of address and place the elector in
the proper precinct and voting districts. The board of registrars may accept a
properly submitted application for an absentee ballot for this purpose for
electors who move to an address within the county or municipality which is
different from the address contained on the person´s registration
card.
(d)
In the event that an elector moves to a residence within the county or
municipality but into a different precinct or who moves to a residence in the
same precinct but at a different address and fails to notify the board of
registrars of such fact by the fifth Monday prior to an election or primary such
elector shall vote in the precinct of such elector´s former residence for
such election or primary and for any runoffs resulting therefrom. The
superintendent of an election shall make available at each polling place forms
furnished by the
Secretary
of State
chief election
officer which shall be completed by each
such elector to reflect such elector´s present legal residence. Such forms
may also be used to notify the board of registrars of a change in an
elector´s name. The board of registrars shall thereafter place the elector
in the proper precinct and voting districts and correct the list of electors
accordingly. If the elector is placed in a precinct other than the one in which
such elector has previously been voting, such elector shall be notified of the
new polling place by first-class mail.
(e)
Any provision of this chapter to the contrary notwithstanding, an elector who
moves from one county or municipality to another after the fifth Monday prior to
a primary or election may vote in the county or municipality or precinct in
which such elector is registered to vote.
(f)
No person shall vote in any county or municipality other than the county or
municipality of such person´s residence except as provided in subsection
(e) of this Code section.
(g)
In the event that the registration records incorrectly indicate that an elector
has moved from an address within a precinct, the elector may vote in the
precinct upon affirming in writing on a form prescribed by the
Secretary
of State
chief election
officer that the elector still resides in
the precinct at the address previously provided to the board of registrars. The
registrars shall correct the elector´s registration record to reflect the
correct address.
(h)
If a voter registration application is completed at a polling place for the
purpose of recording a change of address and the new address is outside the
county, then the registrar shall forward the application to the registrar in the
new county of residence."
SECTION
58.
Said
chapter is further amended by revising Code Section 21-2-219, relating to
registration cards, as follows:
"21-2-219.
(a)
The registration cards for use by persons in making application to register to
vote shall be in a form as specified by the
Secretary
of State
chief election
officer, which shall include printed
forms, forms made available through electronic means, or otherwise. Except as
provided in subsection (b) of this Code section, only registration cards issued
or authorized for use by the
Secretary
of State
chief election
officer or the national voter registration
card promulgated by the Federal Election Commission under the provisions of the
National Voter Registration Act of 1993, 42 U.S.C. Section 1973gg-7, shall be
accepted for purposes of voter registration.
(b)
A person who is a legal resident of this state and a citizen of the United
States; who is a member of the armed forces of the United States or the merchant
marine, is a spouse or dependent of a member of the armed forces or the merchant
marine residing with or accompanying said member, or is temporarily or
permanently residing overseas; and who will be absent from such person´s
county of residence until after the time for registering for an ensuing primary
or election may make proper application for voter registration on the official
post card provided for by the Uniformed and Overseas Citizens Absentee Voting
Act, 42 U.S.C. Section 1973ff, et seq., as amended.
(c)
Permanent overseas citizens shall only be authorized to vote for presidential
electors and United States senator or representative in Congress. Permanent
overseas citizens shall be deemed to be residents of the precinct in which the
county courthouse is located.
(d)
A properly executed registration card submitted under the provisions of
subsection (b) of this Code section shall be considered to be an application for
an absentee ballot under Code Section 21-2-381, or a special absentee ballot
under Code Section 21-2-381.1, as appropriate. Such card, subject to the
limitations of subsection (c) of this Code section, shall constitute a request
for an absentee ballot for the period beginning upon the receipt of such card
and extending through the second regularly scheduled general election in which
federal candidates are on the ballot for all elections for federal offices held
during such period.
(e)
A person who is a United States citizen, permanently residing overseas, who has
never lived in the United States, may register and vote in this state in the
county of residence of either of such person´s parents under the
limitations of subsection (c) of this Code section if either of the
person´s parents is registered to vote in this state. Such person shall be
deemed to reside at the same location as the parent for voting
purposes.
(f)
The office
of the Secretary of State
Office of
State Election Administration is
designated as the office, under the federal Help America Vote Act, to be
responsible for providing information on registration and absentee ballot
procedures for use by absent uniformed services and overseas voters, including
the use of the federal write-in absentee ballot.
(g)
The registrars of each county shall report to the
Secretary
of State
chief election
officer within 60 days after a general
election in which federal candidates were on the ballot the combined number of
absentee ballots transmitted to absent uniformed services and overseas voters in
such election and the combined number of such ballots that were returned by such
voters and cast in such election.
(h)
The
Secretary
of State
chief election
officer shall within 90 days after a
general election in which federal candidates were on the ballot report to the
federal Election Assistance Commission, on such form as may be prescribed by
such commission, the combined number of absentee ballots transmitted to absent
uniformed services and overseas voters in such election and the combined number
of such ballots that were returned by such voters and cast in such
election."
SECTION
59.
Said
chapter is further amended by revising Code Section 21-2-221, relating to
driver´s license or identification card application as application for
voter registration, as follows:
"21-2-221.
(a)
Each application to obtain, renew, or change the name or address on a
driver´s license or identification card issued by the Department of Driver
Services pursuant to Chapter 5 of Title 40 made by an applicant who is within
six months of such applicant´s eighteenth birthday or older shall also
serve as an application for voter registration unless the applicant declines to
register to vote through specific declination or by failing to sign the voter
registration application.
(b)
The commissioner of driver services and the
Secretary
of State
chief election
officer shall agree upon and design such
procedures and forms as will be necessary to comply with this Code
section.
(c)
The forms designed by the commissioner of driver services and the
Secretary
of State
chief election
officer:
(1)
Shall not require the applicant to duplicate any information required in the
driver´s license portion of the application with the exception of a second
signature;
(2)
Shall include such information as required on other voter registration cards
issued by the
Secretary
of State
chief election
officer;
(3)
Shall contain a statement that states each eligibility requirement contained in
Code Section 21-2-216, that contains an attestation that the applicant meets
each such requirement, and that requires the signature of the applicant under
penalty of perjury; and
(4)
Shall include, in print that is identical to that used in the attestation, the
penalties provided by law for submission of a false voter registration
application; and a statement that, if an applicant declines to register to vote,
the fact that the applicant has declined to register will remain confidential
and will be used only for voter registration purposes.
(d)
Any change of address submitted to the Department of Driver Services for the
purpose of changing the information contained on a driver´s license or
identification card issued by the Department of Driver Services shall serve as a
notification of change of address for voter registration unless the registrant
states that at the time of submitting the change of address that the change of
address is not for voter registration purposes.
(e)
The Department of Driver Services shall transmit the completed applications for
voter registration to the
Secretary
of State
chief election
officer at the conclusion of each business
day. The
Secretary
of State
chief election
officer shall forward the applications to
the appropriate county board of registrars to determine the eligibility of the
applicant and, if found eligible, to add the applicant´s name to the list
of electors and to place the applicant in the correct precinct and voting
districts.
(f)
The Department of Driver Services shall maintain such statistical records on the
number of registrations and declinations as requested by the
Secretary
of State
chief election
officer.
(g)
No information relating to the failure of an applicant for a driver´s
license or identification card issued by the Department of Driver Services to
sign a voter registration application may be used for any purpose other than
voter registration.
(h)
The
Secretary
of State
chief election
officer and the commissioner of driver
services shall have the authority to promulgate rules and regulations to provide
for the transmission of voter registration applications and signatures
electronically. Such electronically transmitted signatures shall be valid as
signatures on the voter registration application and shall be treated in all
respects as a manually written original signature and shall be recognized as
such in any matter concerning the voter registration
application."
SECTION
60.
Said
chapter is further amended by revising Code Section 21-2-221.1, relating to
voter registration incorporated into resident hunting, fishing, or trapping
license, as follows:
"21-2-221.1.
(a)
Each application to obtain a resident hunting, fishing, or trapping license
issued by the Department of Natural Resources pursuant to Chapter 2 of Title 27
and made by an applicant who is within six months of such applicant´s
eighteenth birthday or older shall also serve as an application for voter
registration unless the applicant declines to register to vote through specific
declination or by failing to sign the voter registration
application.
(b)
The Board of Natural Resources and the
Secretary
of State
chief election
officer shall agree upon and design such
procedures and forms as will be necessary to comply with this Code section,
including without limitation procedures applicable to processing of applications
received by persons approved as license agents for the Department of Natural
Resources pursuant to Code Section 27-2-2.
(c)
The forms designed by the Board of Natural Resources and the
Secretary
of State
chief election
officer:
(1)
Shall not require the applicant to duplicate any information required in the
resident hunting, fishing, or trapping license portion of the application with
the exception of a second signature;
(2)
Shall include such information as required on other voter registration cards
issued by the
Secretary
of State
chief election
officer;
(3)
Shall contain a statement that states each eligibility requirement contained in
Code Section 21-2-216, that contains an attestation that the applicant meets
each such requirement, and that requires the signature of the applicant under
penalty of false swearing; and
(4)
Shall include, in print that is identical to that used in the attestation, the
penalties provided by law for submission of a false voter registration
application; and a statement that, if an applicant declines to register to vote,
the fact that the applicant has declined to register will remain confidential
and will be used only for voter registration purposes.
(d)
Any person when acting as a license agent for the Department of Natural
Resources shall not:
(1)
Seek to influence an applicant´s political preference;
(2)
Display on his or her person any such political preference or political party or
body allegiance;
(3)
Make any statement to an applicant or take any action the purpose or effect of
which is to discourage the applicant from applying to register to vote;
or
(4)
Make any statement to an applicant or take any action the purpose or effect of
which is to lead the applicant to believe that a decision to apply to register
or not to apply to register to vote has any bearing on the availability of
services or benefits.
(e)
License agents for the Department of Natural Resources acting under this Code
section shall not be considered to be deputy registrars under this chapter or
any rules and regulations promulgated thereunder.
(f)
The Department of Natural Resources shall transmit the completed applications
for voter registration to the
Secretary
of State
chief election
officer at the conclusion of each business
day. The
Secretary
of State
chief election
officer shall forward the applications to
the appropriate county board of registrars to determine the eligibility of the
applicant and, if found eligible, to add the applicant´s name to the list
of electors and to place the applicant in the correct precinct and voting
districts.
(g)
The Department of Natural Resources shall maintain such statistical records on
the number of registrations and declinations as requested by the
Secretary
of State
chief election
officer.
(h)
Information relating to the failure of an applicant for a resident hunting,
fishing, or trapping license issued by the Department of Natural Resources to
sign a voter registration application shall not be used for any purpose other
than voter registration and shall not be subject to public
inspection.
(i)
The
Secretary
of State
chief election
officer and the Board of Natural Resources
shall have the authority to promulgate rules and regulations to provide for the
transmission of voter registration applications and signatures electronically.
Such electronically transmitted signatures shall be valid as signatures on the
voter registration application and shall be treated in all respects as a
manually written original signature and shall be recognized as such in any
matter concerning the voter registration application.
(j)
The forms and procedures to implement and administer this Code section shall be
designed in a manner such that license agents for the Department of Natural
Resources shall not incur any expenses nor be required to make any reports in
implementing and administering this Code section in addition to those presently
required of such license agents in issuing fishing, hunting, and trapping
licenses, other than providing information to the Department of Natural
Resources at the time the license application is processed necessary to comply
with state and federal voter laws on voter registration.
(k)
License agents for the Department of Natural Resources acting under this Code
section whose businesses are authorized to sell alcoholic beverages for
on-premises consumption may notify the Department of Natural Resources of their
desire to opt out of the requirements of this Code section and shall thereafter
not be required to comply with this Code section."
SECTION
61.
Said
chapter is further amended by revising Code Section 21-2-222, relating to
designated voter registration agencies and offices, as follows:
"21-2-222.
(a)
As used in this Code section, the term:
(1)
'Persons with disabilities' means persons who have physical disabilities,
including, but not limited to, any physical or neurological impairment which
severely restricts a person´s mobility or manual dexterity; substantial
loss of speech, sight, or hearing; or loss of one or more limbs or use thereof;
but such term shall not include nonphysical disabilities, mental or emotional
disabilities, or disabilities based upon substance abuse.
(2)
'Public assistance' means the food stamp program; the Medicaid program; the
Women, Infants, and Children program; and the Temporary Assistance for Needy
Families program.
(3)
'Recruitment office of the armed forces of the United States' includes both
regular and reserve forces recruitment offices and national guard recruitment
offices.
(b)
Each office in this state:
(1)
Which provides public assistance;
(2)
Which provides state funded programs primarily engaged in providing services to
persons with disabilities; and
(3)
Which is a recruitment office of the armed forces of the United States located
within this state
shall
be designated voter registration agencies.
(c)
In addition to the offices listed in subsection (b) of this Code section, the
Secretary
of State
chief election
officer shall designate other offices
within the state as designated voter registration offices. Such offices may
include, but not be limited to:
(1)
State or local governmental offices such as public libraries, public schools,
offices of county and municipal clerks, and government revenue offices;
and
(2)
Federal and nongovernmental offices, with the agreement of such
offices.
(d)
At each designated voter registration agency, the following services shall be
made available:
(1)
Distribution of the mail voter registration application provided for in Code
Section 21-2-223 in accordance with subsection (f) of this Code
section;
(2)
Assistance to applicants in completing voter registration application forms,
unless the applicant refuses such assistance; and
(3)
Acceptance of completed voter registration application forms for submission to
the
Secretary
of State
chief election
officer.
(e)
If a designated voter registration agency under paragraph (2) of subsection (b)
of this Code section provides services to a person with a disability at the
person´s home, the agency shall provide the services described in
subsection (d) of this Code section at such person´s home.
(f)
A designated voter registration agency that provides service or assistance in
addition to conducting voter registration shall:
(1)
Distribute with each application for such service or assistance and with each
recertification, renewal, or change of address form relating to such service or
assistance, when such application, recertification, renewal, or change of
address is made in person, the mail voter registration application form provided
for in Code Section 21-2-223 unless the applicant declines in writing to
register to vote;
(2)
Distribute a form provided by the
Secretary
of State
chief election
officer to accompany the voter
registration application form which includes:
(A)
The question 'If you are not registered to vote where you live now, would you
like to apply to register to vote here today?';
(B)
If the agency provides public assistance, the statement 'Applying to register or
declining to register to vote will not affect the amount of assistance that you
will be provided by this agency.';
(C)
Boxes for the applicant to check to indicate whether the applicant is presently
registered, would like to register, or declines to register to vote with the
statement 'IF YOU DO NOT CHECK ANY BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED
NOT TO REGISTER TO VOTE AT THIS TIME.' in close proximity to the boxes and in
prominent type;
(D)
The statements 'If you would like help in filling out the voter registration
application form, we will help you. The decision whether to seek or accept help
is yours. You may fill out the application in private.'; and
(E)
The statement 'If you believe that someone has interfered with your right to
register or to decline to register to vote or your right to privacy in deciding
whether to register or in applying to register to vote, you may file a complaint
with the
Secretary
of State
chief election
officer at (insert address and telephone
number).'; and
(3)
Provide to each applicant who does not decline to apply to register to vote the
same degree of assistance with regard to the completion of the voter
registration application form as is provided by the office with regard to the
completion of its own forms, unless the applicant refuses such
assistance.
(g)
If an applicant fails to check any box on the form required by subparagraph
(f)(2)(C) of this Code section, the applicant shall be deemed to have declined
to apply to register to vote.
(h)
No information relating to a declination to apply to register to vote in
connection with an application made at an office described in subsection (f) of
this Code section may be used for any purpose other than voter registration and
shall not be subject to public inspection.
(i)
Each office shall transmit the completed voter registration application forms to
the
Secretary
of State
chief election
officer at least once per week, except
that, during the 15 days leading up to a registration deadline for a primary or
election, such applications shall be transmitted to the
Secretary
of State
chief election
officer at the conclusion of each business
day. The
Secretary
of State
chief election
officer shall forward the applications to
the appropriate county board of registrars to determine the eligibility of the
applicant and, if found eligible, to add the applicant´s name to the list
of electors and to place the applicant in the correct precinct and voting
districts.
(j)
Each office shall maintain such statistical records on the number of
registrations and declinations as requested by the
Secretary
of State
chief election
officer.
(k)
Persons providing the services described in subsection (d) of this Code section
shall not:
(1)
Seek to influence an applicant´s political preference;
(2)
Display any such political preference or political party or body
allegiance;
(3)
Make any statement to an applicant or take any action the purpose or effect of
which is to discourage the applicant from applying to register to vote;
or
(4)
Make any statement to an applicant or take any action the purpose or effect of
which is to lead the applicant to believe that a decision to apply to register
or not to apply to register to vote has any bearing on the availability of
services or benefits.
(l)
The
Secretary
of State
chief election
officer shall have the authority to
promulgate rules and regulations to provide for the transmission of voter
registration applications and signatures electronically from public assistance
offices, offices which provide state funded programs primarily engaged in
providing services to persons with disabilities, and recruitment offices of the
armed forces of the United States located within this state. Such
electronically transmitted signatures shall be valid as signatures on the voter
registration application and shall be treated in all respects as a manually
written original signature and shall be recognized as such in any matter
concerning the voter registration application."
SECTION
62.
Said
chapter is further amended by revising Code Section 21-2-223, relating to mail
voter registration application forms, as follows:
"21-2-223.
(a)
The
Secretary
of State
chief election
officer shall design, publish, and
distribute voter registration application forms with which a person may apply to
register to vote by completing and mailing the form to the
Secretary
of State
chief election
officer. The
Secretary
of State
chief election
officer shall forward the applications to
the appropriate county board of registrars to determine the eligibility of the
applicant and, if found eligible, to add the applicant´s name to the list
of electors and to place the applicant in the correct precinct and voting
districts.
(b)
The county boards of registrars shall obtain and maintain a supply of mail voter
registration application forms for distribution and for voter registration. In
addition, each state, county, and municipal office, except an office which is a
designated voter registration office under Code Section 21-2-222, which has
regular contact with the public shall obtain a supply of mail voter registration
application forms from the
Secretary
of State
chief election
officer and make such applications
available for use by citizens to register to vote.
(c)
The mail voter registration application forms shall be made available through
governmental and private entities with particular emphasis on making such forms
available for organized voter registration programs."
SECTION
63.
Said
chapter is further amended by revising subsections (a), (b), and (c) of Code
Section 21-2-224, relating to registration deadlines, as follows:
"(a)
If any person whose name is not on the list of registered electors maintained by
the
Secretary
of State
chief election
officer under this article desires to vote
at any general primary, general election, or presidential preference primary,
such person shall make application as provided in this article by the close of
business on the fifth Monday or, if such Monday is a legal holiday, by the close
of business on the following business day prior to the date of such general
primary, general election, or presidential preference primary.
(b)
If any person whose name is not on the list of registered electors maintained by
the
Secretary
of State
chief election
officer under this article desires to vote
at any special primary or special election, such person shall make application
as provided in this article no later than the close of business on the fifth day
after the date of the call for the special primary or special election,
excluding Saturdays, Sundays, and legal holidays of this state; except
that:
(1)
If such special primary or special election is held in conjunction with a
general primary, general election, or presidential preference primary, the
registration deadline for such special primary or special election shall be the
same as the registration deadline for the general primary, general election, or
presidential preference primary in conjunction with which the special primary or
special election is being conducted; or
(2)
If such special primary or special election is not held in conjunction with a
general primary, general election, or presidential preference primary but is
held on one of the dates specified in Code Section 21-2-540 for the conduct of
special elections to present a question to the voters or special primaries or
elections to fill vacancies in elected county or municipal offices, the
registration deadline for such a special primary or election shall be at the
close of business on the fifth Monday prior to the date of the special primary
or election or, if such Monday is a legal holiday, by the close of business on
the following business day.
(c)
Mail voter registration applications shall be deemed to have been made as of the
date of the postmark affixed to such application by the United States Postal
Service or, if no such postmark is affixed or if the postmark affixed by the
United States Postal Service is illegible or bears no date, such application
shall be deemed to have been made timely if received through the United States
mail by the
Secretary
of State
chief election
officer no later than the close of
business on the fourth Friday prior to a general primary, general election,
presidential preference primary, or special primary or special election held in
conjunction with a general primary, general election, or presidential preference
primary or special primary or special election held on one of the dates
specified in Code Section 21-2-540 for the conduct of special elections to
present questions to the voters or special primaries or special elections to
fill vacancies in elected county or municipal offices or no later than the close
of business on the ninth day after the date of the call, excluding Saturdays,
Sundays, and legal holidays of this state, for all other special primaries and
special elections."
SECTION
64.
Said
chapter is further amended by revising Code Section 21-2-225, relating to
confidentiality of original registration applications, as follows:
"21-2-225.
(a)
Neither the original applications for voter registration nor any copies thereof
shall be open for public inspection except upon order of a court of competent
jurisdiction.
(b)
All data collected and maintained on electors whose names appear on the list of
electors maintained by the
Secretary
of State
chief election
officer pursuant to this article shall be
available for public inspection with the exception of bank statements submitted
pursuant to subsection (c) of Code Section 21-2-220 and subsection (c) of Code
Section 21-2-417 and the social security numbers of the electors and the
locations at which the electors applied to register to vote which shall remain
confidential and be used only for voter registration purposes; provided,
however, that social security numbers of electors may be made available to other
state agencies if the agency is authorized to maintain information by social
security number and the information is used only to identify the elector on the
receiving agency´s data base and is not disseminated further and remains
confidential.
(c)
It shall be the duty of the
Secretary
of State
chief election
officer to furnish copies of such data as
may be collected and maintained on electors whose names appear on the list of
electors maintained by the
Secretary
of State
chief election
officer pursuant to this article, within
the limitations provided in this article, on electronic media or computer run
list or both. Notwithstanding any other provision of law to the contrary, the
Secretary
of State
chief election
officer shall establish the cost to be
charged for such data. The
Secretary
of State
chief election
officer may contract with private vendors
to make such data available in accordance with this subsection. Such data may
not be used by any person for commercial purposes."
SECTION
65.
Said
chapter is further amended by revising subsections (e) and (f) of Code Section
21-2-226, relating to duties of county board in determining eligibility of
voters, as follows:
"(e)
Each elector found eligible to be registered to vote by the board of registrars
shall be issued a card which shall contain the elector´s name and address,
a block or space for the elector´s signature, the date of the
elector´s registration, the name and location of the elector´s polling
place or polling places if the county and municipal polling places are not the
same, and the designation of the elector´s congressional district; state
Senate district; state House district; county commission district, if any;
county or independent board of education district, if any; and municipal
governing authority district, if any, and such other voting districts, if any.
On the reverse side of the card, there shall be printed instructions which shall
indicate the procedure to be followed in the event of the change of address of
the elector. In the event an elector changes residences within the county in
which an elector is registered to vote, the elector may change such
elector´s address by returning the card to the board of registrars of such
county indicating the new address. Upon receipt of such card, the board of
registrars shall make the necessary changes in the elector´s registration
records and issue a new card to the elector. In the event that an
elector´s precinct, polling place, or voting district or districts change,
a new card shall be issued to the elector reflecting such changes. When the
boundaries of a precinct are changed, all affected electors shall be sent a new
card prior to the next primary or election. The form of such cards shall be
determined by the
Secretary
of State
chief election
officer. The issuance of such cards shall
be sufficient as a notification of the disposition of an application for voter
registration under this Code section, provided that such cards are sent by
nonforwardable, first-class mail.
(f)
In the event that the registrars are required to issue voters new cards under
subsection (e) of this Code section due to changes in districts or
precincts as a result of reapportionment or court order, the registrars may
apply to the
Secretary
of State
chief election
officer prior to June 30 of each year for
reimbursement of the costs of postage with respect to mailing such cards during
the 12 month period ending on June 30 of that year. The
Secretary
of State
chief election
officer shall receive all such
applications and shall, no later than June 30 of each year, reimburse the
counties for such costs from funds specifically appropriated for that purpose.
In the event that the total amount of the requests for reimbursement exceeds the
funds appropriated for reimbursement, the
Secretary
of State
chief election
officer shall reimburse the counties on a
pro rata basis. In the event that no funds are specifically appropriated for
reimbursement, no such reimbursement shall be made."
SECTION
66.
Said
chapter is further amended by revising Code Section 21-2-231, relating to lists
of persons convicted of felonies, persons declared mentally incompetent, and
deceased persons provided to Secretary of State, as follows:
"21-2-231.
(a)
The clerk of the superior court of each county shall, on or before the tenth day
of each month, prepare and transmit to the
Secretary
of State
chief election
officer, in a format as prescribed by the
Secretary
of State
chief election
officer, a complete list of all persons,
including addresses, ages, and other identifying information as prescribed by
the
Secretary
of State
chief election
officer, who were convicted of a felony
involving moral turpitude during the preceding calendar month in the
county.
(b)
The judge of the probate court of each county shall, on or before the tenth day
of each month, prepare and transmit to the
Secretary
of State
chief election
officer, in a format as prescribed by the
Secretary
of State
chief election
officer, a complete list of all persons,
including addresses, ages, and other identifying information as prescribed by
the
Secretary
of State
chief election
officer, who were declared mentally
incompetent during the preceding calendar month in the county and whose voting
rights were removed.
(c)
Upon receipt of the lists described in subsections (a) and (b) of this Code
section and the lists of persons convicted of felonies in federal courts
received pursuant to 42 U.S.C. Section 1973gg-6(g), the
Secretary
of State
chief election
officer shall transmit the names of such
persons whose names appear on the list of electors to the appropriate county
board of registrars who shall remove all such names from the list of electors
and shall mail a notice of such action and the reason therefor to the last known
address of such persons by first-class mail.
(d)
The local registrar of vital statistics of each county shall, on or before the
tenth day of each month, prepare and transmit to the
Secretary
of State
chief election
officer, in a format as prescribed by the
Secretary
of State
chief election
officer, a complete list of all persons,
including addresses, ages, and other identifying information as prescribed by
the
Secretary
of State
chief election
officer, who died during the preceding
calendar month in the county. The
Secretary
of State
chief election
officer may, by agreement with the
commissioner of human resources, obtain such information from the state
registrar of vital statistics. Additionally, the
Secretary
of State
chief election
officer is authorized to obtain such lists
of deceased Georgia electors, if possible, from other states.
(e)
Upon receipt of the lists described in subsection (d) of this Code section, the
Secretary
of State
chief election
officer or his or her designated agent
shall remove all such names of deceased persons from the list of electors and
shall notify the registrar in the county where the deceased person was domiciled
at the time of his or her death.
(f)
County registrars shall initiate appropriate action regarding the right of an
elector to remain on the list of qualified registered voters within 60 days
after receipt of the information described in this Code section. Failure to
take such action may subject the registrars or the county governing authority
for whom the registrars are acting to a fine by the
State
Election Board
chief election
officer."
SECTION
67.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-232,
relating to removal of elector´s name from list of electors, as
follows:
"(b)
When an elector of this state moves to another county or state and registers to
vote and the registration officials send a notice of cancellation reflecting the
registration of the elector in the other county or state, the
Secretary
of State
chief election
officer or the board of registrars, as the
case may be, shall remove such elector´s name from the list of electors.
It shall not be necessary to send a confirmation notice to the elector in such
circumstances."
SECTION
68.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-233,
relating to comparison of change of address information supplied by United
States Postal Service with electors list, as follows:
"(a)
The
Secretary
of State
chief election
officer is authorized to cause at his or
her discretion the official list of electors to be compared to the change of
address information supplied by the United States Postal Service through its
licensees periodically for the purpose of identifying those electors whose
addresses have changed."
SECTION
69.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-234,
relating to electors who have failed to vote and with whom there has been no
contact in three years, as follows:
"(a)(1)
As used in this Code section and Code Section 21-2-235, the term 'no contact'
shall mean that the elector has not filed an updated voter registration card,
has not filed a change of name or address, has not signed a petition which is
required by law to be verified by the election superintendent of a county or
municipality or the
Secretary
of State
chief election
officer, has not signed a voter´s
certificate, and has not confirmed the elector´s continuation at the same
address during the preceding three calendar years.
(2)
In the first six months of each odd-numbered year, the
Secretary
of State
chief election
officer shall identify all electors whose
names appear on the list of electors with whom there has been no contact during
the preceding three calendar years and who were not identified as changing
addresses under Code Section 21-2-233. The confirmation notice described in
this Code section shall be sent to each such elector during each odd-numbered
year. Such notices shall be sent by forwardable, first-class
mail."
SECTION
70.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-235,
relating to inactive list of electors, as follows:
"(a)
In addition to the official list of electors, the
Secretary
of State
chief election
officer 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
devices 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
71.
Said
chapter is further amended by revising subsection (c) of Code Section
21-2-261.1, relating to boundary requirements for precincts, as
follows:
"(c)
The superintendent of a county or the governing authority of a municipality
shall file with the
Secretary
of State
chief election
officer and the Legislative and
Congressional Reapportionment Office:
(1)
A map reflecting any changes in precincts within 20 days after the changes are
made;
(2)
A copy of any communications to or from the United States Department of Justice
relating to any precincts within 20 days after such communication is sent or
received;
(3)
A copy of any pleading initiating a court action potentially affecting any
precincts within 30 days after it is filed;
(4)
A copy of any court order affecting any precincts within 20 days after it is
entered; and
(5)
Any other documentation necessary to allow the
Secretary
of State
chief election
officer to maintain a current listing of
all precincts in the state."
SECTION
72.
Said
chapter is further amended by revising Code Section 21-2-264, relating to
reimbursement of counties and municipalities for costs incurred pursuant to
alteration of precinct boundaries, as follows:
"21-2-264.
In
all cases of the division, redivision, alteration, formation, or consolidation
of precincts, the costs of the proceedings shall be paid by the county or
municipal governing authority, as appropriate. There may be appropriated to the
Secretary
of State
chief election
officer funds to be granted to counties or
municipalities for purposes of meeting the requirements of Code Section
21-2-261.1. Upon the filing of a written request by the election officials of
any qualified county or municipality, a qualified county or municipality shall
be reimbursed for all reasonable expenses incurred by such county or
municipality which are directly related to the redrawing of voting precinct
boundaries, verification of voting precinct residency, notification of voter
precinct and polling place changes, and compilation and preparation of the
electors list as necessitated by Code Section 21-2-261.1; provided, however,
that such reimbursement of costs shall not exceed 25¢ per registered voter
whose name appeared on such county´s or municipality´s electors list
as of January 1, 1982. Any qualified county or municipality seeking
reimbursement of such costs shall present an itemized description of such costs
to the
Secretary
of State
chief election
officer. If the
Secretary
of State
chief election
officer, after a review of the report of
such costs incurred by a county or municipality, shall find that all or portions
of such costs were reasonable and were directly related to the preparation of
such descriptions and lists, he or she shall approve all of those parts of the
costs deemed reasonable and shall reimburse the counties or municipalities for
such expenses. Any state funds necessary to carry out the provisions of this
Code section shall come only from those funds appropriated to the
Secretary
of State
chief election
officer specifically for the purpose of
implementing the provisions of Code Section 21-2-261.1. If such funds are not
sufficient to bear completely the cost of fully implementing the provisions of
Code Section 21-2-261.1, payment to the counties or municipalities seeking
assistance shall be made on a pro rata basis subject to the availability of
appropriated funds."
SECTION
73.
Said
chapter is further amended by revising Code Section 21-2-284, relating to form
of official primary ballot, as follows:
"21-2-284.
(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)
The State
Election Board
chief election
officer shall by rule and regulation
determine the appropriate wording for directions as to how a vote should be cast
on each type of voting equipment used in the state and how a new ballot should
be issued when a ballot is spoiled.
(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
chief election
officer as having so qualified shall be
printed on the 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 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
chief election
officer, if to be voted on by more than
one county; and the superintendent or
Secretary
of State
chief election
officer shall have such language printed
on the ballot form. To the left of each question there shall be placed the
words 'Yes' and 'No' together with appropriate squares to the left of each for
the convenient insertion of a cross (X) or check (✓) mark. If at any
municipal primary a political party shall submit to its members any matter or
question to be voted upon, the party shall also 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 ballots shall vary in form only as the names of precincts, offices,
candidates, color of ballot cards, or this chapter may
require."
SECTION
74.
Said
chapter is further amended by revising subsections (b) and (f) of Code
Section 21-2-285, relating to form of official election ballot, as
follows:
"(b)(1)
Directions that explain how to cast a vote and how to obtain a new ballot after
one is spoiled shall appear immediately under this caption on a ballot
presenting the names of candidates for election to office as specified by the
rules and regulations of the
State
Election Board
chief election
officer.
(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 ballot by the elector
shall be written only within the write-in space provided 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."
"(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 ballot following the groups of candidates for the various
offices. Proposed constitutional amendments so submitted shall be printed in
the order determined by the Constitutional Amendments Publication Board and 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
chief election
officer 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
chief election
officer and 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."
SECTION
75.
Said
chapter is further amended by revising Code Section 21-2-285.1, relating to form
of ballot for nonpartisan elections, as follows:
"21-2-285.1.
The
names of all candidates for offices which the General Assembly has by local Act
provided for election in a nonpartisan election 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.'
Directions that explain how to cast a vote, how to write in a candidate, and how
to obtain a new ballot after the elector spoils his or her ballot shall appear
immediately under the caption, as specified by rule or regulation of the
State
Election Board
chief election
officer. 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. 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 majority 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
chief election
officer or election superintendent in
essentially the same format as prescribed for the nonpartisan election. The
candidate having a majority 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
76.
Said
chapter is further amended by revising paragraph (2) of subsection (b) of Code
Section 21-2-286, relating to printing specifications, numbering, and
binding of ballots, as follows:
"(2)
Ballots for direct recording electronic voting systems shall be designed as
prescribed by the
Secretary
of State
chief election
officer to ensure easy reading by
electors."
SECTION
77.
Said
chapter is further amended by revising Code Section 21-2-288, relating to
procedure as to printing of ballots when candidates for same nomination or
office have same or similar names, as follows:
"21-2-288.
If
two or more candidates for the same nomination or office shall have the same or
similar names, the
Secretary
of State
chief election
officer, in the case of federal or state
offices, the superintendent of elections, in the case of county offices, or the
official with whom such candidates qualify, in the case of municipal elections,
shall print or cause to be printed the residence of all candidates for such
nomination or office on the ballot under their names. The designated official
shall determine whether the names of the candidates are of such a similar nature
as to warrant printing the residence of all candidates for that office on the
ballot; and the decision of the designated official shall be
conclusive."
SECTION
78.
Said
chapter is further amended by revising Code Section 21-2-300, relating to
provision of new voting equipment by state, as follows:
"21-2-300.
(a)
Provided that the General Assembly specifically appropriates funding to the
Secretary
of State
chief election
officer to implement this subsection, the
equipment used for casting and counting votes in county, state, and federal
elections shall, by the July, 2004, primary election and afterwards, be the same
in each county in this state and shall be provided to each county by the state,
as determined by the
Secretary
of State
chief election
officer.
(b)
Each county shall, prior to being provided with voting equipment by the state,
provide polling places that are adequate for the operation of such equipment
including, if necessary, the placement within the polling places of a sufficient
number of electrical outlets and telephone lines.
(c)
Each county shall, prior to being provided with voting equipment by the state,
provide or contract for adequate technical support for the installation, set up,
and operation of such voting equipment for each primary, election, and special
primary and special election as the
Secretary
of State
chief election
officer shall determine by rule or
regulation.
(d)
The
Secretary
of State
chief election
officer shall be responsible for the
development, implementation, and provision of a continuing program to educate
voters, election officials, and poll workers in the proper use of such voting
equipment. Each county shall bear the costs, including transportation,
subsistence, and lodging, incurred by its election and registration officials in
attending courses taught by or arranged by the
Secretary
of State
chief election
officer for instruction in the use of the
voting equipment.
(e)(1)
Counties shall be authorized to contract with municipal governments for the use
of such voting equipment in municipal elections under terms and conditions
specified by the
Secretary
of State
chief election
officer to assure that the equipment is
properly used and kept secure.
(2)
Notwithstanding the provisions of Code Section 21-2-45, counties may not levy a
fee for use of state owned voting equipment but may require municipalities to
reimburse the county for the actual expenses related to the election or
elections that are subject to the county and municipal
contract."
SECTION
79.
Said
chapter is further amended by revising subsection (d) of Code Section 21-2-321,
relating to referendum on question of use of voting machines, as
follows:
"(d)
The election on such question shall be held at the places, during the hours, and
under the regulations provided by law for holding general elections and shall be
conducted by the poll officers provided by law to conduct such elections. The
poll officers shall count the votes cast at the election on such question and
shall make return thereof to the superintendent of such municipality as required
by law. The returns shall be computed by the superintendent and, when so
computed, a certificate of the total number of electors voting 'Yes' and of the
total number of electors voting 'No' on such question shall be filed in the
office of the municipal governing authority and in the office of the
Secretary
of State
chief election
officer."
SECTION
80.
Said
chapter is further amended by revising Code Section 21-2-324, relating to
examination and approval of voting machines by Secretary of State, as
follows:
"21-2-324.
(a)
Any person or organization owning, manufacturing, or selling, or being
interested in the manufacture or sale of, any voting machine may request the
Secretary
of State
chief election
officer to examine the machine. Any ten
or more electors of this state may, at any time, request the
Secretary
of State
chief election
officer to reexamine any voting machine
previously examined and approved by him or her. Before any such examination or
reexamination, the person, persons, or organization requesting such examination
or reexamination shall pay to the
Secretary
of State
chief election
officer the reasonable expenses of such
examination; provided, however, that in the case of a request by ten or more
electors the examination fee shall be $250.00. The
Secretary
of State
chief election
officer may, at any time, in his or her
discretion, reexamine any voting machine.
(b)
The
Secretary
of State
chief election
officer shall thereupon require such
machine to be examined or reexamined by three examiners whom he or she shall
appoint for the purpose, of whom one shall be an expert in patent law and the
other two shall be experts in mechanics, and shall require of them a written
report on such machine, attested by their signatures; and the
Secretary
of State
chief election
officer shall examine the machine and
shall make and file, together with the reports of the appointed examiners, his
or her own report, attested by his or her signature and the seal of his or her
office, stating whether, in his or her opinion and in consideration of the
reports of the examiners aforesaid, the kind of machine so examined can be
safely and accurately used by electors at primaries and elections as provided in
this chapter. If his or her report states that the machine can be so used, the
machine shall be deemed approved; and machines of its kind may be adopted for
use at primaries and elections as provided in this chapter.
(c)
No kind of voting machine not so approved shall be used at any primary or
election and if, upon the reexamination of any voting machine previously
approved, it shall appear that the machine so reexamined can no longer be safely
or accurately used by electors at primaries or elections as provided in this
chapter because of any problem concerning its ability to accurately record or
tabulate votes, the approval of the same shall immediately be revoked by the
Secretary
of State
chief election
officer; and no such voting machine shall
thereafter be purchased for use or be used in this state.
(d)
At least ten days prior to any primary or election, including special primaries,
special elections, and referendum elections, the election superintendent shall
verify and certify in writing to the
Secretary
of State
chief election
officer that all voting will occur on
equipment certified by the
Secretary
of State
chief election
officer.
(e)
Any vendor who completes a sale of voting machines that have not been certified
by the
Secretary
of State
chief election
officer to a governmental body in this
state shall be subject to a penalty of $100,000.00, payable to the State of
Georgia, plus reimbursement of all costs and expenses incurred by the
governmental body in connection with the sale. The
State
Election Board
chief election
officer shall have authority to impose
such penalty upon a finding that such a sale has occurred.
(f)
When a machine has been so approved, no improvement or change that does not
impair its accuracy, efficiency, or capacity shall render necessary a
reexamination or reapproval of the machine or of its kind.
(g)
Neither the
Secretary
of State
chief election
officer, nor any examiner appointed by him
or her for the purpose prescribed by this Code section, nor any superintendent,
nor the governing authority of any municipality or a member of such authority,
nor any other person involved in the examination process shall have any
pecuniary interest in any voting machine or in the manufacture or sale
thereof.
(h)
The compensation of each examiner appointed under this Code section shall be
fixed and paid by the
Secretary
of State
chief election
officer."
SECTION
81.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-325,
relating to form of ballot labels generally, as follows:
"(b)
If the construction of the machine shall require it, the ballot label for each
candidate, group of candidates, political party or body, or question to be voted
on shall bear the designating letter or number of the counter on the voting
machine which will register or record votes therefor. Each question to be voted
on shall appear on the ballot labels in brief form. Unless otherwise provided
by law, proposed constitutional amendments so submitted shall be in brief form
as directed by the General Assembly and, in the failure to so direct, the form
shall be determined by the
Secretary
of State
chief election
officer. 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
chief election
officer and 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. In the case of questions to be voted on by the electors of a
municipality, the governing authority shall determine the brief form of the
questions."
SECTION
82.
Said
chapter is further amended by revising Code Section 21-2-325.1, relating to
candidates with same or similar names, as follows:
"21-2-325.1.
If
two or more candidates for the same nomination or office shall have the same or
similar names, the
Secretary
of State
chief election
officer, 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 address of all candidates for
such nomination or office on the ballot labels under their names. The
designated official shall determine whether the names of the candidates are of
such a similar nature as to warrant printing the residence address of all
candidates for that office on the ballot labels; and the decision of the
designated official shall be conclusive."
SECTION
83.
Said
chapter is further amended by revising subsections (b) and (f) of Code
Section 21-2-327, relating to preparation of voting machines, as
follows:
"(b)
The superintendent shall appoint one custodian of voting machines and such
deputy custodians as may be necessary, whose duty it shall be to prepare the
machines to be used at the primaries and elections to be held therein. Each
custodian and deputy custodian shall receive from the municipality such
compensation as shall be fixed by the governing authority of the municipality.
Such custodian shall, under the direction of the superintendent, have charge of
and represent the superintendent during the preparation of the voting machines
as required by this chapter, and he or she and the deputy custodians, whose duty
it shall be to assist him or her in the discharge of his or her duties, shall
serve at the pleasure of the superintendent. Each custodian shall take an oath
of office framed by the
Secretary
of State
chief election
officer, which shall be filed with the
superintendent."
"(f)
In every primary or election, the superintendent shall furnish, at the expense
of the municipality, all ballot labels, forms of certificates, and other papers
and supplies which are required under this chapter and which are not furnished
by the
Secretary
of State
chief election
officer, all of which shall be in the form
and according to the specifications prescribed from time to time by the
Secretary
of State
chief election
officer. In a municipal primary, ballot
labels and other materials necessary for the preparation of the voting machines
shall be furnished free of charge to the municipal superintendent by the
political party conducting such primary."
SECTION
84.
Said
chapter is further amended by revising Code Section 21-2-368, relating to review
of manufacturer´s systems by Secretary of State, as follows:
"21-2-368.
(a)
Any person or organization owning, manufacturing, or selling, or being
interested in the manufacture or sale of, any optical scanning voting system may
request the
Secretary
of State
chief election
officer to examine the optical scanning
voting system. Any ten or more electors of this state may, at any time, request
the
Secretary
of State
chief election
officer to reexamine any optical scanning
voting system previously examined and approved by him or her. Before any such
examination or reexamination, the person, persons, or organization requesting
such examination or reexamination shall pay to the
Secretary
of State
chief election
officer the reasonable expenses of such
examination. The
Secretary
of State
chief election
officer may, at any time, in his or her
discretion, reexamine any optical scanning voting system.
(b)
The
Secretary
of State
chief election
officer shall thereupon examine or
reexamine such optical scanning voting system and shall make and file in his or
her office a report, attested by his or her signature and the seal of his or her
office, stating whether, in his or her opinion, the kind of optical scanning
voting system so examined can be safely and accurately used by electors at
primaries and elections as provided in this chapter. If this report states that
the optical scanning voting system can be so used, the optical scanning voting
system shall be deemed approved; and optical scanning voting systems of its kind
may be adopted for use at primaries and elections as provided in this
chapter.
(c)
No kind of optical scanning voting system not so approved shall be used at any
primary or election and if, upon the reexamination of any optical scanning
voting system previously approved, it shall appear that the optical scanning
voting system so reexamined can no longer be safely or accurately used by
electors at primaries or elections as provided in this chapter because of any
problem concerning its ability to accurately record or tabulate votes, the
approval of the same shall immediately be revoked by the
Secretary
of State
chief election
officer; and no such optical scanning
voting system shall thereafter be purchased for use or be used in this
state.
(d)
At least ten days prior to any primary or election, including special primaries,
special elections, and referendum elections, the election superintendent shall
verify and certify in writing to the
Secretary
of State
chief election
officer that all voting will occur on
equipment certified by the
Secretary
of State
chief election
officer.
(e)
Any vendor who completes a sale of optical scanning voting system that has not
been certified by the
Secretary
of State
chief election
officer to a governmental body in this
state shall be subject to a penalty of $100,000.00, payable to the State of
Georgia, plus reimbursement of all costs and expenses incurred by the
governmental body in connection with the sale. The
State
Election Board
chief election
officer shall have authority to impose
such penalty upon a finding that such a sale has occurred.
(f)
When an optical scanning voting system has been so approved, no improvement or
change that does not impair its accuracy, efficiency, or capacity shall render
necessary a reexamination or reapproval of the optical scanning voting system,
or of its kind.
(g)
Neither the
Secretary
of State
chief election
officer, nor any custodian, nor the
governing authority of any county or municipality or a member of such authority
nor any other person involved in the examination process shall have any
pecuniary interest in any optical scanning voting system or in the manufacture
or sale thereof."
SECTION
85.
Said
chapter is further amended by revising subsection (c) of Code Section 21-2-369,
relating to printing of ballots, as follows:
"(c)
The form and arrangement of ballots shall be prescribed by the
Secretary
of State
chief election
officer and prepared by the
superintendent."
SECTION
86.
Said
chapter is further amended by revising Code Section 21-2-369.1, relating to
candidates with similar names, as follows:
"21-2-369.1.
If
two or more candidates for the same nomination or office shall have the same or
similar names, the
Secretary
of State
chief election
officer, in the case of federal or state
offices, the superintendent of elections, in the case of county offices, or the
official with whom such candidates qualify, in the case of municipal elections,
shall print or cause to be printed the residence of all candidates for such
nomination or office on the ballot under their names. The designated official
shall determine whether the names of the candidates are of such a similar nature
as to warrant printing the residence of all candidates for that office on the
ballot; and the decision of the designated official shall be
conclusive."
SECTION
87.
Said
chapter is further amended by revising Code Section 21-2-373, relating to
write-in votes, as follows:
"21-2-373.
In
elections, electors shall be permitted to cast write-in votes. The design of
the 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
chief election
officer, in specifying the form of the
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."
SECTION
88.
Said
chapter is further amended by revising subsection (c) of Code Section 21-2-374,
relating to proper programming, as follows:
"(c)
In every primary or election, the superintendent shall furnish, at the expense
of the county or municipality, all ballots, forms of certificates, and other
papers and supplies required under this chapter and which are not furnished by
the
Secretary
of State
chief election
officer, all of which shall be in the form
and according to the specifications prescribed, from time to time, by the
Secretary
of State
chief election
officer."
SECTION
89.
Said
chapter is further amended by revising Code Section 21-2-379.2, relating to
review of manufacturer´s electronic recording voting system by Secretary of
State, as follows:
"21-2-379.2.
(a)
Any person or organization owning, manufacturing, or selling, or being
interested in the manufacture or sale of, any direct
recording
electronic
recording
voting system may request the
Secretary
of State
chief election
officer to examine the system. Any ten or
more electors of this state may, at any time, request the
Secretary
of State
chief election
officer to reexamine any such system
previously examined and approved by him or her. Before any such examination or
reexamination, the person, persons, or organization requesting such examination
or reexamination shall pay to the
Secretary
of State
chief election
officer the reasonable expenses of such
examination. The
Secretary
of State
chief election
officer may, at any time, in his or her
discretion, reexamine any such system.
(b)
The
Secretary
of State
chief election
officer shall thereupon examine or
reexamine such direct
recording
electronic
recording
voting system and shall make and file in his or her office a report, attested by
his or her signature and the seal of his or her office, stating whether, in his
or her opinion, the kind of system so examined can be safely and accurately used
by electors at primaries and elections as provided in this chapter. If this
report states that the system can be so used, the system shall be deemed
approved; and systems of its kind may be adopted for use at primaries and
elections as provided in this chapter.
(c)
No kind of direct
recording
electronic
recording
voting system not so approved shall be used at any primary or election and if,
upon the reexamination of any such system previously approved, it shall appear
that the system so reexamined can no longer be safely or accurately used by
electors at primaries or elections as provided in this chapter because of any
problem concerning its ability to accurately record or tabulate votes, the
approval of the same shall immediately be revoked by the
Secretary
of State
chief election
officer; and no such system shall
thereafter be purchased for use or be used in this state.
(d)
At least ten days prior to any primary or election, including special primaries,
special elections, and referendum elections, the election superintendent shall
verify and certify in writing to the
Secretary
of State
chief election
officer that all voting will occur on
equipment certified by the
Secretary
of State
chief election
officer.
(e)
Any vendor who completes a sale of a direct
recording
electronic voting system that has not been certified by the
Secretary
of State
chief election
officer to a governmental body in this
state shall be subject to a penalty of $100,000.00, payable to the State of
Georgia, plus reimbursement of all costs and expenses incurred by the
governmental body in connection with the sale. The
State
Election Board
chief election
officer shall have authority to impose
such penalty upon a finding that such a sale has occurred.
(f)
When a direct
recording
electronic
recording
voting system has been so approved, no improvement or change that does not
impair its accuracy, efficiency, or capacity shall render necessary a
reexamination or reapproval of such system, or of its kind.
(g)
Neither the
Secretary
of State
chief election
officer, nor any custodian, nor the
governing authority of any county or municipality or a member of such authority
nor any other person involved in the examination process shall have any
pecuniary interest in any direct
recording
electronic
recording
voting system or in the manufacture or sale thereof."
SECTION
90.
Said
chapter is further amended by revising subsection (d) of Code Section
21-2-379.4, relating to ballot appearance, as follows:
"(d)
The form and arrangement of ballots shall be prescribed by the
Secretary
of State
chief election
officer and prepared by the election
superintendent."
SECTION
91.
Said
chapter is further amended by revising subsections (a) and (f) of Code
Section 21-2-379.5, relating to ballot information, as
follows:
"(a)
If two or more candidates for the same nomination or office shall have the same
or similar names, the
Secretary
of State
chief election
officer, in the case of federal or state
offices, the superintendent of elections, in the case of county offices, or the
official with whom such candidates qualify, in the case of municipal elections,
shall print or cause to be printed the residence of all candidates for such
nomination or office on the ballot under their names. The designated official
shall determine whether the names of the candidates are of such a similar nature
as to warrant printing the residence of all candidates for that office on the
ballot; and the decision of the designated official shall be
conclusive."
"(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 ballot below the groups of candidates for the various offices.
Proposed constitutional amendments so submitted shall be printed in the order
determined by the Constitutional Amendments Publication Board and in brief form
as directed by the General Assembly or, in the event of a failure to so direct,
the form shall be determined by the
Secretary
of State
chief election
officer 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 or, in the
event of a failure to so direct, the form shall be determined by the
Secretary
of State
chief election
officer; and any local questions so
submitted shall be printed in brief form as directed by the General Assembly or,
in the event of a failure to so direct, the form shall be determined by the
superintendent. Next to or below the question there shall be placed the words
'YES' and 'NO' between which the elector may choose in casting his or her
vote."
SECTION
92.
Said
chapter is further amended by revising Code Section 21-2-379.6, relating to
maintenance of voting systems and supplies, as follows:
"21-2-379.6.
(a)
The superintendent of each county or municipality shall cause the proper ballot
design and style to be programmed for each direct recording electronic (DRE)
unit which is to be used in any precinct within such county or municipality,
cause each such unit to be placed in proper order for voting, examine each unit
before it is sent to a polling place, verify that each registering mechanism is
set at zero, and properly secure each unit so that the counting machinery cannot
be operated until later authorized.
(b)
The superintendent may appoint, with the approval of the county or municipal
governing authority, as appropriate, a custodian of the DRE units, and deputy
custodians as may be necessary, whose duty shall be to prepare the units to be
used in the county or municipality at the primaries and elections to be held
therein. Each custodian and deputy custodian shall receive from the county or
municipality such compensation as shall be fixed by the governing authority of
the county or municipality. Such custodian shall, under the direction of the
superintendent, have charge of and represent the superintendent during the
preparation of the units as required by this chapter. The custodian and deputy
custodians shall serve at the pleasure of the superintendent. Each custodian
shall take an oath of office prepared by the
Secretary
of State
chief election
officer before each primary or election
which shall be filed with the superintendent.
(c)
On or before the third day preceding a primary or election, including special
primaries, special elections, and referendum elections, the superintendent shall
have each DRE unit tested to ascertain that it will correctly count the votes
cast for all offices and on all questions in a manner that the
State
Election Board
chief election
officer shall prescribe by rule or
regulation. On or before the third day preceding a primary runoff or election
runoff, including special primary runoffs and special election runoffs, the
superintendent shall test a number of DRE units at random to ascertain that the
units will correctly count the votes cast for all offices. If the total number
of DRE units in the county or municipality is 30 units or less, all of the units
shall be tested. If the total number of DRE units in the county or municipality
is more than 30 but not more than 100, then at least one-half of the units shall
be tested at random. If there are more than 100 DRE units in the county or
municipality, the superintendent shall test at least 15 percent of the units at
random. In no event shall the superintendent test less than one DRE unit per
precinct. All memory cards to be used in the runoff shall be tested. Public
notice of the time and place of the test shall be made at least five days prior
thereto; provided, however, that, in the case of a runoff, the public notice
shall be made at least three days prior thereto. Representatives of political
parties and bodies, news media, and the public shall be permitted to observe
such tests.
(d)
In every primary or election, the superintendent shall furnish, at the expense
of the county or municipality, all ballots, forms of certificates, and other
papers and supplies required under this chapter which are not furnished by the
Secretary
of State
chief election
officer, all of which shall be in the form
and according to any specifications prescribed, from time to time, by the
Secretary
of State
chief election
officer."
SECTION
93.
Said
chapter is further amended by revising subsection (a) of Code Section
21-2-379.8, relating to public exhibition of voting system and sample ballot, as
follows:
"(a)
The superintendent or his or her designee shall place on public exhibition and
demonstrate the use of the direct recording electronic (DRE) units throughout
the county or municipality during the month preceding each primary and election.
The
Secretary
of State
chief election
officer shall advise the superintendents
on recommended methods of demonstrating such units so as to properly educate
electors in the use thereof, and, at least during the initial year in which DRE
equipment is used in a county or municipality, all superintendents shall offer a
series of demonstrations and organized voter education initiatives to equip
electors for using such equipment in voting."
SECTION
94.
Said
chapter is further amended by revising subsection (a) of Code Section
21-2-379.9, relating to storage of voting equipment, as follows:
"(a)
All direct recording electronic (DRE) units and related equipment, when not in
use, shall be properly stored and secured under conditions as shall be specified
by the
Secretary
of State
chief election
officer."
SECTION
95.
Said
chapter is further amended by revising paragraph (2) of subsection (c) of Code
Section 21-2-379.11, relating to procedure for tabulation of votes, as
follows:
"(2)
If a system is established by the
Secretary
of State
chief election
officer, the poll manager shall first
transmit the election results extracted from each DRE unit in each precinct via
modem to the central tabulating center of the county; and".
SECTION
96.
Said
chapter is further amended by revising subparagraph (a)(1)(H) of Code
Section 21-2-381, relating to making of application for absentee ballot, as
follows:
"(H)
Any elector meeting criteria of advanced age or disability specified by rule or
regulation of the
State
Election Board
chief election
officer may request in writing on one
application a ballot for a primary as well as for any runoffs resulting
therefrom and for the election for which such primary shall nominate candidates
as well as any runoffs resulting therefrom. If not so requested by such person
a separate and distinct application shall be required for each primary, run-off
primary, election, and run-off election. Except as otherwise provided in this
subparagraph, a separate and distinct application for an absentee ballot shall
always be required for the presidential preference primary held pursuant to
Article 5 of this chapter and for any special election or special
primary."
SECTION
97.
Said
chapter is further amended by revising subsection (e) of Code
Section 21-2-381, relating to making of application for absentee ballot, as
follows:
"(e)
The State
Election Board
chief election
officer is authorized to promulgate
reasonable rules and regulations for the implementation of paragraph (1) of
subsection (a) of this Code section. Said rules and regulations may include
provisions for the limitation of opportunities for fraudulent application,
including, but not limited to, comparison of voter registration records with
death certificates."
SECTION
98.
Said
chapter is further amended by revising subsections (c) and (d) of Code
Section 21-2-381.1, relating to procedures for voting with special write-in
absentee ballots by qualified absentee electors, as follows:
"(c)
In order to qualify for a special write-in absentee ballot, the voter must state
that he or she is unable to vote by regular absentee ballot or in person due to
requirements of military service or due to living in isolated areas or extremely
remote areas of the world. This statement may be made on the federal post card
application or on a form prepared by the
Secretary
of State
chief election
officer and supplied and returned with the
special write-in absentee ballot.
(d)
Upon receipt of said application, the registrars shall issue the special
write-in absentee ballot which shall be prescribed and provided by the
Secretary
of State
chief election
officer. Such ballot shall permit the
elector to vote by writing in a party preference for each office, the names of
specific candidates for each office, or the name of the person whom the voter
prefers for each office."
SECTION
99.
Said
chapter is further amended by revising Code Section 21-2-381.2, relating to
state write-in absentee ballot for certain electors, as follows:
"21-2-381.2.
(a)
The
Secretary
of State
chief election
officer shall design a state write-in
absentee ballot for federal offices and state offices that are voted upon on a
state-wide basis for use in a primary runoff or election runoff by an eligible
absentee elector who lives outside the county or municipality in which the
election is held and who is:
(1)
A member of the armed forces of the United States, a member of the merchant
marine of the United States, a member of the commissioned corps of the Public
Health Service or the National Oceanic and Atmospheric Administration, or a
spouse or dependent of such member residing with or accompanying said member;
or
(2)
A citizen of the United States residing outside the United States.
(b)
Such state write-in absentee ballot shall be automatically included with any
absentee ballot sent to such eligible absentee electors for any general primary
or general election. No special request for such state write-in absentee ballot
shall be required.
(c)
The state write-in absentee ballot shall contain instructions for completing and
returning such ballot.
(d)
The
Secretary
of State
chief election
officer shall establish a website which
such eligible absentee electors may access to determine if there is a primary
runoff or election runoff for a federal office or a state office that is voted
upon on a state-wide basis. The address of such website shall be included in
the instructions for voting such state write-in absentee ballot.
(e)
The State
Election Board
chief election
officer may provide by rule or regulation
for additional means of transmitting the state write-in absentee ballot to
eligible absentee electors including, but not limited to, the use of facsimile
transmissions and portable document format electronic versions.
(f)
The registrars shall send a regular absentee ballot to such eligible absentee
electors in accordance with Code Section 21-2-381. In the event that both the
regular absentee ballot and the state write-in absentee ballot are received by
the registrars within the time period for receiving absentee ballots, the
regular absentee ballot shall be counted and the state write-in absentee ballot
shall be kept unopened in the same manner as absentee ballots that are returned
too late to be counted. Ballots for primary runoffs and election runoffs that
are postmarked by the date of the primary runoff or election runoff, if proper
in all other respects, shall be counted if received by the registrars within the
three-day period following such primary runoff or election
runoff."
SECTION
100.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-383,
relating to preparation and delivery of ballots, as follows:
"(a)
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 ballots shall
be marked 'Official Absentee Ballot' and shall be in substantially the form for
ballots required by Article 8 of this chapter, except that in counties using
voting machines or direct recording electronic (DRE) units the ballots may be in
substantially the form for the ballot labels required by Article 9 of this
chapter. Every such 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 ballot shall be determined and prescribed by the
Secretary
of State
chief election
officer, 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
101.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-384,
relating to preparation and delivery of supplies, as follows:
"(b)
In addition to the mailing envelope, the superintendent, board of registrars, or
absentee ballot clerk shall provide two envelopes for each official absentee
ballot, of such size and shape as shall be determined by the
Secretary
of State
chief election
officer, in order to permit the placing of
one within the other and both within the mailing envelope. On the smaller of
the two envelopes to be enclosed in the mailing envelope shall be printed the
words 'Official Absentee Ballot' and nothing else. On the back of the larger of
the two envelopes to be enclosed within the mailing envelope shall be printed
the form of oath of the elector and the oath for persons assisting electors, as
provided for in Code Section 21-2-409, and the penalties provided for in
Code Sections 21-2-568, 21-2-573, 21-2-579, and 21-2-599 for violations of
oaths; and on the face of such envelope shall be printed the name and address of
the board of registrars or absentee ballot clerk. The mailing envelope
addressed to the elector shall contain the two envelopes, the official absentee
ballot, and the uniform instructions for the manner of preparing and returning
the ballot, in form and substance as provided by the
Secretary
of State
chief election
officer and nothing else. The uniform
instructions shall include information specific to the voting system used for
absentee voting concerning the effect of overvoting or voting for more
candidates than one is authorized to vote for a particular office and
information concerning how the elector may correct errors in voting the ballot
before it is cast including information on how to obtain a replacement ballot if
the elector is unable to change the ballot or correct the
error."
SECTION
102.
Said
chapter is further amended by revising paragraph (2) of subsection (c) of Code
Section 21-2-384, relating to preparation and delivery of supplies, as
follows:
"(2)
In the case of absent uniformed services or overseas voters, if the presidential
designee under Section 705(b) of the federal Help America Vote Act promulgates a
standard oath for use by such voters, the
Secretary
of State
chief election
officer shall be required to use such oath
on absentee ballot materials for such voters and such oath shall be accepted in
lieu of the oath set forth in paragraph (1) of this
subsection."
SECTION
103.
Said
chapter is further amended by revising subparagraph (a)(1)(G) of Code
Section 21-2-386, relating to safekeeping, certification, and validation of
absentee ballots, as follows:
"(G)
Notwithstanding any provision of this chapter to the contrary, until the United
States Department of Defense notifies the
Secretary
of State
chief election
officer that the Department of Defense has
implemented a system of expedited absentee voting for those electors covered by
this subparagraph, absentee ballots cast in a primary, election, or runoff by
eligible absentee electors who reside outside the county or municipality in
which the primary, election, or runoff is held and are members of the armed
forces of the United States, members of the merchant marine of the United
States, spouses or dependents of members of the armed forces or merchant marine
residing with or accompanying such members, or overseas citizens that are
postmarked by the date of such primary, election, or runoff and are received
within the three-day period following such primary, election, or runoff, if
proper in all other respects, shall be valid ballots and shall be counted and
included in the certified election results."
SECTION
104.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-400,
relating to duty of superintendent to obtain cards of instruction, blank forms
of oaths, and other forms and supplies, as follows:
"(a)
Prior to each primary and election, the superintendent shall obtain from the
Secretary
of State
chief election
officer a sufficient number of cards of
instruction for guidance of electors. Such cards of instruction shall include
such portions of this chapter as deemed necessary by the
Secretary
of State
chief election
officer and shall be printed for the type
of voting equipment or ballots used in the county or municipality. The
superintendent shall also obtain from the
Secretary
of State
chief election
officer a sufficient number of blank forms
of oaths of poll officers, voter´s certificates, voting rights posters,
notices of penalties, oaths of assisted electors, numbered list of voters, tally
sheets, return sheets, and such other forms and supplies required by this
chapter, in each precinct of the county or municipality."
SECTION
105.
Said
chapter is further amended by revising Code Section 21-2-402, relating to
preparation of voter´s certificates by Secretary of State, as
follows:
"21-2-402.
(a)
At each primary and election, the
Secretary
of State
chief election
officer shall prepare and furnish to each
superintendent a suitable number of voter´s certificates which shall be in
substantially the following form:
VOTER´S
CERTIFICATE
I
hereby certify that I am qualified to vote at the (primary or election) held on
______________, that I have not and will not vote elsewhere in this (primary or
election) in my own name or in any other name, and that I am a citizen of the
United States and am not currently serving a sentence for a felony conviction.
I understand that making a false statement on this certificate is a felony under
Code Section 21-2-562.
Signature
___________________________________________________________
Current
residence address of elector:
___________________________________________________________________
Elector´s
date of birth: ________________________________________________
Name
or initials of poll officer receiving voter´s certificate:
___________________
In
case of physical disability or illiteracy, fill out the following:
Reason
for assistance (Check appropriate square):
(
) Elector is unable to read the English language.
(
) Elector requires assistance due to physical disability.
_______________________________________________________________
Signature
of poll officer
Number
of stub of ballot or number of admission to voting machine:
_________
(b)
The voter´s certificates shall be so prepared as to be capable of being
inserted by the poll officers in a suitable binder for each primary or election.
The binder shall have written thereon the words 'Voter´s Certificates' and
shall have a space for filling in the designation of the precinct and the date
of the primary or election.
(c)
The election superintendent may obtain or may create and provide other
voter´s certificates, provided that such other voter´s certificates
are in the form required under this Code section and are approved by the
Secretary
of State
chief election
officer."
SECTION
106.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-408,
relating to poll watchers, as follows:
"(b)(1)
In an election or run-off election, each political party and political body
shall each be entitled to designate, at least seven days prior to such election
or run-off election, no more than two official poll watchers in each precinct to
be selected by the appropriate party or body executive committee. Each
independent candidate shall be entitled to designate one poll watcher in each
precinct. In addition, candidates running in a nonpartisan election shall be
entitled to designate one poll watcher in each precinct. Each poll watcher
shall be given a letter signed by the appropriate political party or body
chairperson and secretary, if a party or body designates same, or by the
independent or nonpartisan candidate, if named by the independent or nonpartisan
candidate. Such letter shall contain the following information: name of
official poll watcher, address, precinct in which he or she shall serve, and
date of election or run-off election. At least three days prior to the
election, a copy of the letter shall be delivered to the superintendent of the
county or municipality in which the poll watcher is to serve.
(2)
In an election or run-off election, each political party and political body,
which body is registered pursuant to Code Section 21-2-110 and has nominated a
candidate for state-wide office, shall additionally be entitled to designate, at
least 14 days prior to such election or run-off election, no more than 25
official state-wide poll watchers to be selected by the appropriate party or
body executive committee. Each independent candidate shall also be entitled to
designate no more than 25 official state-wide poll watchers. In addition,
candidates running in a state-wide nonpartisan election shall be entitled to
designate no more than 25 official state-wide poll watchers. All such
designations of state-wide poll watchers shall be in writing and made and
submitted to the
State
Election Board
chief election
officer. A state-wide poll watcher shall
have the same powers and duties as poll watchers and shall be entitled to watch
the polls in any precinct in the state but shall otherwise be subject to all
limitations and prohibitions placed on poll watchers; provided, however, that no
more than two state-wide poll watchers of a political party or body, of an
independent candidate, or of a nonpartisan candidate shall be in the same
polling place simultaneously. Each state-wide poll watcher shall be given a
letter signed by the
chairperson
of the State Election Board
chief election
officer or his or her designee. Such
letter shall contain the following information: name of official state-wide poll
watcher, address, a statement that such poll watcher is a state-wide poll
watcher, and date of election or run-off election. At least three days prior to
the election, a copy of the letter shall be delivered to the superintendent of
each county in which the poll watcher might serve.
(3)(A)
In an election or run-off election, each political party and political body
shall each be entitled to designate, at least seven days prior to the beginning
of the advance voting period for such election or run-off election, no more than
two official poll watchers for each location at which advance voting is
conducted pursuant to subsection (b) of Code Section 21-2-380 to be
selected by the appropriate party or body executive committee. Each independent
candidate shall be entitled to designate one poll watcher for each location at
which advance voting is conducted pursuant to subsection (b) of Code Section
21-2-380. In addition, candidates running in a nonpartisan election shall be
entitled to designate one poll watcher for each location at which advance voting
is conducted pursuant to subsection (b) of Code Section 21-2-380. Each
poll watcher shall be given a letter signed by the appropriate political party
or body chairperson and secretary, if a party or body designates same, or by the
independent or nonpartisan candidate, if named by the independent or nonpartisan
candidate. Such letter shall contain the following information: name of
official poll watcher, address, precinct in which he or she shall serve, and
date of election or run-off election. At least three days prior to the
beginning of the advance voting period for such election, a copy of the letter
shall be delivered to the superintendent and the chief registrar of the county
or municipality in which the poll watcher is to serve.
(B)
In an election or run-off election, each political party and political body,
which body is registered pursuant to Code Section 21-2-110 and has nominated a
candidate for state-wide office, shall additionally be entitled to designate, at
least 14 days prior to the beginning of the advance voting period for such
election or run-off election, no more than 25 official state-wide poll watchers
for such advance voting period to be selected by the appropriate party or body
executive committee. Each independent candidate shall also be entitled to
designate no more than 25 official state-wide poll watchers for such advance
voting period. In addition, candidates running in a state-wide nonpartisan
election shall be entitled to designate no more than 25 official state-wide poll
watchers for such advance voting period. All such designations of state-wide
poll watchers shall be in writing and made and submitted to the
State
Election Board
chief election
officer. A state-wide poll watcher shall
have the same powers and duties as poll watchers and shall be entitled to watch
any advance voting location in the state but shall otherwise be subject to all
limitations and prohibitions placed on poll watchers; provided, however, that no
more than two state-wide poll watchers of a political party or body, of an
independent candidate, or of a nonpartisan candidate shall be in an advance
voting location simultaneously. Each state-wide poll watcher shall be given a
letter signed by the
chairperson
of the State Election Board
chief election
officer or his or her designee. Such
letter shall contain the following information: name of official state-wide poll
watcher, address, a statement that such poll watcher is a state-wide poll
watcher for advance voting, and date of election or run-off election. At least
three days prior to the beginning of the advance voting period for such
election, a copy of the letter shall be delivered to the superintendent and
chief registrar of each county in which the poll watcher might
serve."
SECTION
107.
Said
chapter is further amended by revising Code Section 21-2-408, relating to poll
watchers, by adding a new subsection to read as follows:
"(f)(1)
The chief election officer by rule and regulation shall promulgate
nondiscriminatory standards for granting access to the electoral process to
nonpartisan election observers. Such standards shall take into account the need
to avoid disruption and crowding in polling places, the privacy and
confidentiality of the electors in voting, the protection of the integrity of
the election process, and the orderly conducting of elections as well as the
need to ensure that all questions posed by election observers are answered
fully, accurately, and cooperatively.
(2)
Nonpartisan domestic and international observers, including, but not limited to,
voting rights organizations, civil rights organizations, and civic
organizations, shall be allowed uniform and nondiscriminatory access to any
polling place for the purpose of observing an election in accordance with the
standards promulgated by the chief election officer pursuant to paragraph (1) of
this subsection.
(3)
Nonpartisan observers shall be allowed uniform and nondiscriminatory access to
all stages of the election process, including the certification of election
technologies, early and absentee voting, and voting counting and
aggregation.
(4)
The chief election officer shall issue a public notice with respect to any
denial of a request by any observer for access to any polling place for purposes
of observing an election. Such notice shall be issued not later than 24 hours
after such denial."
SECTION
108.
Said
chapter is further amended by revising subsection (f) of Code Section 21-2-413,
relating to conduct of voters, campaigners, and others at polling places
generally, as follows:
"(f)
All persons except poll officers, poll watchers, persons in the course of voting
and such persons´ children under 18 years of age or any child who is 12
years of age or younger accompanying such persons, persons lawfully giving
assistance to electors, duly authorized investigators of the
State
Election Board
chief election
officer, 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 or any child who is 12 years of age or
younger 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 the voting equipment under any
circumstances."
SECTION
109.
Said
chapter is further amended by revising subsection (g) of Code Section 21-2-414,
relating to restrictions on campaign activities and public opinion polling
within the vicinity of a polling place, as follows:
"(g)
This Code section shall not be construed to prohibit a poll officer from
distributing materials, as required by law, which are necessary for the purpose
of instructing electors or from distributing materials prepared by the
Secretary
of State
chief election
officer which are designed solely for the
purpose of encouraging voter participation in the election being
conducted."
SECTION
110.
Said
chapter is further amended by revising Code Section 21-2-417.1, relating to
voter identification card, as follows:
"21-2-417.1.
(a)
Each county board of registrars shall provide at least one place in the county
at which it shall accept applications for and issue Georgia voter identification
cards to registered Georgia electors which shall under state law be valid only
for purposes of voter identification under Code Section 21-2-417 and available
only to registered electors of this state. No fee shall be charged or collected
for the application for or issuance of a Georgia voter identification
card.
(b)
No person shall be eligible for a Georgia voter identification card if such
person has a valid unexpired driver´s license or identification card issued
under Code Section 40-5-100.
(c)
The Georgia voter identification card shall be captioned 'GEORGIA VOTER
IDENTIFICATION CARD' and shall contain a prominent statement that under Georgia
law it is valid only as identification for voting purposes. The Georgia voter
identification card shall be laminated, shall contain a digital color photograph
of the applicant, and shall include the following information:
(1)
Full legal name;
(2)
Address of residence;
(3)
Birth date;
(4)
Date identification card was issued;
(5)
Sex;
(6)
Height;
(7)
Weight;
(8)
Eye color;
(9)
County where the identification card was issued including a county number to be
assigned for each county by the
Secretary
of State
chief election
officer; and
(10)
Such other information or identification as required by rule of the
State
Election Board
chief election
officer.
(d)
The application for a Georgia voter identification card shall elicit the
information required under subsection (c) of this Code section and such other
information as may be required by rule of the
State
Election Board
chief election
officer. The application shall be signed
and sworn to by the applicant and any falsification or fraud in the making of
the application shall constitute a felony offense under Code Section 16-10-71,
relating to the offense of false swearing.
(e)
The board of registrars shall require presentation and verification of the
following information before issuing a Georgia voter identification card to a
person:
(1)
A photo identity document, except that a nonphoto identity document is
acceptable if it includes both the person´s full legal name and date of
birth;
(2)
Documentation showing the person´s date of birth;
(3)
Evidence that the person is registered to vote in this state; and
(4)
Documentation showing the person´s name and address of principal
residence.
(f)
A Georgia voter identification card shall remain valid so long as a person
resides at the same address and remains qualified to vote. It shall be the duty
of a person who moves his or her residence within the State of Georgia to
surrender his or her card to the board of registrars of the county of his or her
new residence; and such person may after such surrender apply for and receive a
new card if such person is otherwise eligible under this Code section. It shall
be the duty of a person who moves his or her residence outside the State of
Georgia or who ceases to be qualified to vote to surrender his or her card to
the board of registrars by which it was issued.
(g)
The State
Election Board
chief election
officer shall provide each county board of
registrars with the necessary equipment, forms, supplies, and training for the
production of the Georgia voter identification cards and shall maintain such
equipment.
(h)
The State
Election Board
chief election
officer shall adopt rules and regulations
for the administration of this Code section and, without limiting the generality
of the foregoing, such rules and regulations may further define or prescribe the
types of documentation required under subsection (e) of this Code
section."
SECTION
111.
Said
chapter is further amended by revising subsections (b) and (g) of Code
Section 21-2-418, relating to provisional ballots, as follows:
"(b)
Such person voting a provisional ballot shall complete an official voter
registration form and a provisional ballot voting certificate which shall
include information about the place, manner, and approximate date on which the
person registered to vote. The person shall swear or affirm in writing that he
or she previously registered to vote in such primary or election, is eligible to
vote in such primary or election, has not voted previously in such primary or
election, and meets the criteria for registering to vote in such primary or
election. The form of the provisional ballot voting certificate shall be
prescribed by the
Secretary
of State
chief election
officer. The person shall also present
the identification required by Code Section 21-2-417."
"(g)
Failure to establish such free access system shall subject the registrars and
the county by which the registrars are employed to sanctions by the
State
Election Board
chief election
officer."
SECTION
112.
Said
chapter is further amended by revising subsection (c) of Code Section 21-2-438,
relating to ballots identifying voter, not marked, or improperly marked declared
void, as follows:
"(c)
Notwithstanding any other provisions of this chapter to the contrary and in
accordance with the rules and regulations of the
State
Election Board
chief election
officer promulgated pursuant to paragraph
(7)
(22)
of Code Section 21-2-31, 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."
SECTION
113.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-440,
relating to duty of poll officers to sign general returns, as
follows:
"(a)
Immediately after the vote has been counted in precincts in which paper ballots
are used, all of the general returns shall be signed by the poll officers. If
any poll officer shall refuse to sign or certify the general returns, he or she
shall write his or her reasons therefor upon the general return sheets. One of
such returns shall be immediately posted for the information of the public
outside the polling place or place of tabulation, one of such returns shall be
returned sealed to the superintendent in an envelope prepared for the
Secretary
of State
chief election
officer or the city clerk, and one shall
be entrusted to the chief manager for delivery to the superintendent with the
package of unused ballots and other election supplies in an envelope provided
for that purpose. The poll officer shall then replace all the ballots cast, so
counted and canvassed, in the ballot boxes, including those declared void,
spoiled, and canceled, together with the voter´s certificates, one set of
the tally papers, one general return sheet, one numbered list of voters, sealed
as provided in this subsection, and one oath of each poll officer, and lock and
seal each ballot box so that nothing can be inserted therein until it is opened
again; and the chief manager and an assistant manager shall immediately deliver
the ballot boxes to the custody of the superintendent. The superintendent shall
not compute any returns from any precinct until the ballot boxes therefor, as
well as the package of unused ballots and other election supplies therefrom, are
so delivered."
SECTION
114.
Said
chapter is further amended by revising Code Section 21-2-456, relating to
form of general return sheet, duplicate return sheets, and statement, as
follows:
"21-2-456.
(a)
The general return sheets, duplicate return sheets, and statement shall be
printed to conform with the type of voting machine used and in form approved by
the
Secretary
of State
chief election
officer. The designating number and
letter, if any, on the counter for each candidate shall be printed thereon
opposite the candidate´s name. Immediately after the vote has been
ascertained, the statement thereof shall be posted on the door of the polling
place. Duplicate return sheets, voter´s certificates, numbered list of
voters, oaths of poll officers, and affidavits of voters and others shall be
sealed and given to the chief manager, who shall deliver them, together with the
general return sheet and the package of ballots deposited, written, or affixed
in or upon the voting machine, to the superintendent. The voter´s
certificates, rejected voter´s certificates, and oaths of assisted voters
shall be sealed in a separate envelope addressed to the board of registrars and
bearing a list of its contents on the outside. This envelope shall be
immediately delivered by the managers into the custody of the superintendent.
If the type of voting machine is equipped with a mechanism for printing paper
proof sheets, one of such proof sheets shall be posted on the door of the
polling place with such statement; one shall be returned with a precinct return
sheet sealed in an envelope prepared for the
Secretary
of State
chief election
officer; one shall be placed in the
envelope and delivered with the general return sheet; and one shall be sealed in
the envelope with the duplicate return sheets and delivered by the chief manager
to the superintendent. The printed proof sheet returned with the general return
sheet and the printed proof sheet returned with the duplicate return sheet shall
each be part of the return of the primary or election.
(b)
Immediately upon the completion of the count and tabulation of the vote cast,
the electors list shall be sealed and returned immediately by the chief manager
to the superintendent, who shall transmit it to the
registrars."
SECTION
115.
Said
chapter is further amended by revising subsection (h) of Code
Section 21-2-480, relating to caption for ballots, as follows:
"(h)
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 ballot below the groups of candidates for the various offices.
Proposed constitutional amendments so submitted shall be printed in the order
determined by the Constitutional Amendments Publication Board and in brief form
as directed by the General Assembly or, in the event of a failure to so direct,
the form shall be determined by the
Secretary
of State
chief election
officer 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 or, in the
event of a failure to so direct, the form shall be determined by the
Secretary
of State
chief election
officer; and any local questions so
submitted shall be printed in brief form as directed by the General Assembly or,
in the event of a failure to so direct, the form shall be determined by the
superintendent. Next to the question there shall be placed the words 'YES' and
'NO' together with appropriate ovals or squares or broken arrows to be
marked."
SECTION
116.
Said
chapter is further amended by revising Code Section 21-2-482, relating to
absentee ballots for precincts using optical scanning voting equipment, as
follows:
"21-2-482.
Ballots
in a precinct using optical scanning voting equipment for use by absentee
electors shall be prepared sufficiently in advance by the superintendent and
shall be delivered to the board of registrars as provided in Code Section
21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be
in substantially the form for ballots required by Article 8 of this chapter,
except that in counties or municipalities using voting machines, direct
recording electronic (DRE) units, or optical scanners, the ballots may be in
substantially the form for the ballot labels required by Article 9 of this
chapter or in such form as will allow the ballot to be machine tabulated. Every
such ballot shall have printed on the face thereof 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 ballot shall be determined and prescribed by the
Secretary
of State
chief election
officer."
SECTION
117.
Said
chapter is further amended by revising subsections (c) and (d) of Code
Section 21-2-495, relating to procedure for recount or recanvass of votes,
as follows:
"(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 two business 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
chief election
officer 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
chief election
officer shall be corrected accordingly and
the results recertified.
(d)
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
chief election
officer 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
chief election
officer 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
chief election
officer. 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
chief election
officer 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
118.
Said
chapter is further amended by revising Code Section 21-2-496, relating to
preparation and filing by superintendent of four copies of consolidated return
of primary, as follows:
"21-2-496.
(a)
Each superintendent shall prepare four copies of the consolidated return of the
primary to be certified by the superintendent on forms furnished by the
Secretary
of State
chief election
officer, such consolidated returns to be
filed immediately upon certification as follows:
(1)
One copy to be posted at the county courthouse or city hall for the information
of the public;
(2)
One copy to be filed in the superintendent´s office;
(3)
One copy to be forwarded to the
Secretary
of State
chief election
officer together with a copy of each
precinct return, the numbered list of voters of each precinct, and the returns
and the numbered list of voters for absentee electors; and
(4)
One copy to be sealed and filed with the clerk of the superior court as required
by Code Section 21-2-500.
(b)
The
Secretary
of State
chief election
officer is authorized to provide a method
by which the election superintendent can file the results of primaries and
elections electronically. Once the
Secretary
of State
chief election
officer provides such a method of filing,
the election superintendent shall file a copy of the election returns
electronically in the manner prescribed by the
Secretary
of State
chief election
officer in addition to the filing provided
in subsection (a) of this Code section. The
Secretary
of State
chief election
officer is authorized to promulgate such
rules and regulations as necessary to provide for such an electronic
filing."
SECTION
119.
Said
chapter is further amended by revising Code Section 21-2-497, relating to
preparation and filing by superintendent of four copies of consolidated return
of elections, as follows:
"21-2-497.
Each
superintendent shall prepare four copies of the consolidated return of the
election to be certified by the superintendent on forms furnished by the
Secretary
of State
chief election
officer, such consolidated returns to be
filed immediately upon certification as follows:
(1)
One copy to be posted at the county courthouse for the information of the
public;
(2)
One copy to be filed and recorded as a permanent record in the minutes of the
superintendent´s office;
(3)
One copy to be sealed and filed with the clerk of the superior court as required
by Code Section 21-2-500; and
(4)
One copy to be returned as follows:
(A)
In the case of election of federal and state officers, a separate return showing
totals of the votes cast for each of such officers respectively shall be
forwarded by the superintendent to the
Secretary
of State
chief election
officer on forms furnished by the
Secretary
of State
chief election
officer;
(B)
In the case of elections for any county officer or other officer required by law
to be commissioned by the Governor in any of the several counties of this state,
it shall be the duty of the superintendent to transmit immediately to the
Secretary
of State
chief election
officer a certified copy of the returns of
all such offices;
(C)
In the case of referendum elections provided for by an Act of the General
Assembly, the returns shall immediately be certified by the authority holding
such election to the
Secretary
of State
chief election
officer, along with the precinct returns
and numbered list of voters for each precinct. In addition thereto, the
official citation of the Act involved and the purpose of such election shall be
sent to the
Secretary
of State
chief election
officer at the same time. The
Secretary
of State
chief election
officer shall maintain a permanent record
of such certifications;
(D)
In the case of elections on constitutional amendments, the returns shall be
certified immediately to the
Secretary
of State
chief election
officer. Upon receiving the certified
returns from the various superintendents, the
Secretary
of State
chief election
officer shall immediately proceed to
canvass and tabulate the votes cast on such amendments and certify the results
to the Governor; or
(E)
In the case of election for presidential electors, a separate return shall be
prepared by each superintendent and certified immediately to the
Secretary
of State
chief election
officer."
SECTION
120.
Said
chapter is further amended by revising Code Section 21-2-499, relating to
duty of Secretary of State as to tabulation, computation, and canvassing of
votes for state and federal officers, as follows:
"21-2-499.
(a)
Upon receiving the certified returns of any election from the various
superintendents, the
Secretary
of State
chief election
officer shall immediately proceed to
tabulate, compute, and canvass the votes cast for all candidates described in
subparagraph (A) of paragraph (4) of Code Section 21-2-497 and upon all
questions voted for by the electors of more than one county and shall thereupon
certify and file in his or her office the tabulation thereof. In the event an
error is found in the certified returns presented to the
Secretary
of State
chief election
officer or in the tabulation, computation,
or canvassing of votes as described in this Code section, the
Secretary
of State
chief election
officer shall notify the county submitting
the incorrect returns and direct the county to correct and recertify such
returns. Upon receipt by the
Secretary
of State
chief election
officer of the corrected certified returns
of the county, the
Secretary
of State
chief election
officer shall issue a new certification of
the results and shall file the same in his or her office.
(b)
The
Secretary
of State
chief election
officer shall also, upon receiving the
certified returns for presidential electors, proceed to tabulate, compute, and
canvass the votes cast for each slate of presidential electors and shall
immediately lay them before the Governor. Not later than 5:00 P.M. on the
fourteenth day following the date on which such election was conducted, the
Secretary
of State
chief election
officer shall certify the votes cast for
all candidates described in subparagraph (A) of paragraph (4) of Code Section
21-2-497 and upon all questions voted for by the electors of more than one
county and shall no later than that same time lay the returns for presidential
electors before the Governor. The Governor shall enumerate and ascertain the
number of votes for each person so voted and shall certify the slates of
presidential electors receiving the highest number of votes. The Governor shall
certify the slates of presidential electors no later than 5:00 P.M. on the
fifteenth day following the date on which such election was conducted.
Notwithstanding the deadlines specified in this Code section, such times may be
altered for just cause by an order of a judge of superior court of this
state.
(c)
The
Secretary
of State
chief election
officer shall not count, tabulate, or
publish the names of any write-in candidates for whom the notice of intention of
candidacy has not been provided in compliance with Code Section
21-2-133."
SECTION
121.
Said
chapter is further amended by revising Code Section 21-2-502, relating to
issuance of certificates of election and commission, as follows:
"21-2-502.
(a)
Governor and other
constitutional officers. Upon completing
the tabulation of any election for Governor, Lieutenant Governor, Secretary of
State, Attorney General, State School Superintendent, Commissioner of Insurance,
Commissioner of Agriculture, or Commissioner of Labor, the
Secretary
of State
chief election
officer shall lay the same before the
Governor upon his or her oath of office as Governor; and the Governor, upon the
other constitutional officers taking their oaths of office, shall issue a
commission under the great seal of the State of Georgia signed by the Governor
and countersigned by the Secretary of State, to each such person. The Secretary
of State shall issue the commission to the person elected Governor.
(b)
United States
senators; representatives in Congress; members of the General
Assembly.
(1)
Upon completing the tabulation of any election for United States senator or
representative in Congress, the
Secretary
of State
chief election
officer shall lay the same before the
Governor, who shall immediately issue certificates of election and commissions
under the seal of the state, duly signed by the Governor and attested by the
Secretary of State and deliver the same to the candidates receiving the required
number of votes to be elected to the respective offices.
(2)
The
Secretary
of State
chief election
officer shall issue certificates of
election to the persons elected members of the Senate and the House of
Representatives of the General Assembly and, between the hours of 12:00 Noon and
1:00 P.M. on the second Monday in January of each odd-numbered year, present
before the Senate and the House of Representatives the several returns of the
elections of members of the respective houses. In case of a special election
the
Secretary
of State
chief election
officer shall issue a certificate of
election to each person so elected, and the
Secretary
of State
chief election
officer shall present the returns of such
election to the proper house as soon as received and tabulated by the
Secretary
of State
chief election
officer. Immediately upon their taking
the oath of office, each member of the Senate and the House of Representatives
shall be issued a commission under the great seal of the State of Georgia,
signed by the Secretary of State.
(c)
Justices of the
Supreme Court, Judges of the Court of Appeals, Commissioners of the Georgia
Public Service Commission, judges of the superior court, judges of the juvenile
court, and district attorneys. Upon
completion of the
tabulation,
the
Secretary
of State
chief election
officer shall certify the result of each
election of Justices of the Supreme Court, of Judges of the Court of Appeals, of
Commissioners of the Georgia Public Service Commission, of judges of the
superior court, of judges of the juvenile court where elected, and of district
attorneys to the Governor and shall issue a certificate of election to each
person so elected. The Governor shall, upon each such person taking the oath of
office, immediately issue a commission under the great seal of the State of
Georgia, signed by the Governor and countersigned by the Secretary of State, to
each such person.
(d)
County
officers. The superintendent in each
county shall, as soon as the returns have been properly certified, issue
certificates of election to the successful candidates for all county officers to
be filled by the votes of electors of such county. Immediately upon taking the
oath of office, each such county officer shall be issued a commission under the
seal of the executive department, signed by the Governor and countersigned by
one of his or her secretaries.
(e)
Presidential
electors. The
Secretary
of State
chief election
officer, on receiving and computing the
returns of presidential electors, shall lay them before the Governor, who shall
enumerate and ascertain the number of votes for each person so voted for and
shall cause a certificate of election to be delivered to each person so
chosen.
(f)
Constitutional
amendments. Upon receiving the certified
results of elections on all constitutional amendments from the
Secretary
of State
chief election
officer, the Governor shall issue his or
her proclamation declaring the results of the vote of each
amendment."
SECTION
122.
Said
chapter is further amended by revising subsection (b) of Code
Section 21-2-524, relating to filing and allegations of petition to contest
primary or election, as follows:
"(b)
The State
Election Board
chief election
officer shall be served with a copy of the
petition, as provided in subsection (a) of this Code section, by serving the
same on the
chairperson
thereof,
chief election
officer personally or by mailing a copy to
the
chairperson
chief election
officer by certified or registered mail or
statutory overnight delivery; and a certificate that such service has been made
shall be filed by the plaintiff or his or her attorney."
SECTION
123.
Said
chapter is further amended by revising Code Section 21-2-543, relating to
special election for United States congressional representative vacancy, as
follows:
"21-2-543.
Whenever
a vacancy shall occur or exist in the office of
Representative
representative
in the United States Congress from this state the Governor shall issue, within
ten days after the occurrence of such vacancy, a writ of election to the
Secretary
of State
chief election
officer for a special election to fill
such vacancy, which election shall be held on the date named in the writ, which
shall not be less than 30 days after its issuance. Upon receiving the writ of
election from the Governor, the
Secretary
of State
chief election
officer shall then transmit the writ of
election to the superintendent of each county involved and shall publish the
call of the election."
SECTION
124.
Said
chapter is further amended by revising Code Section 21-2-544, relating to
special election for General Assembly vacancy, as follows:
"21-2-544.
Whenever
a vacancy shall occur or exist in either house of the General Assembly during a
session of the General Assembly or whenever such vacancy shall occur or exist at
a time when the members of the General Assembly shall be required to meet, at
any time previous to the next November election, the Governor shall issue,
within ten days after the occurrence of such vacancy, or after the calling of an
extraordinary session of the General Assembly during the existence of such
vacancy, a writ of election to the
Secretary
of State
chief election
officer for a special election to fill
such vacancy, which election shall be held on the date named in the writ, which
shall not be less than 30 nor more than 60 days after its issuance. Upon
receiving the writ of election from the Governor, the
Secretary
of State
chief election
officer shall then transmit the writ of
election to the superintendent of each county involved and shall publish the
call of the election. In all other cases any such special election to fill any
such vacancy shall be held if the Governor issues his or her writ of election
therefor. In such cases the writ of election shall be issued to the
Secretary
of State
chief election
officer who shall transmit the writ of
election to the superintendent of each county involved and shall publish the
call of the election."
SECTION
125.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-565,
relating to making of false statements in connection with filing notice of
candidacy or qualifying as candidate for party nomination, as
follows:
"(b)
The district attorney of any judicial circuit or of the county in which all or
the greater portion of any municipality is situated shall furnish all
investigative personnel and facilities to the
Secretary
of State
chief election
officer, the superintendent, or political
party, as the case may be, as needed to determine the accuracy and correctness
of all facts set forth in the affidavits filed pursuant to Code Sections
21-2-132 and 21-2-153 and shall commence prosecution of any person when it
appears that a violation of this Code section has occurred."
SECTION
126.
Said
chapter is further amended by revising subsection (b) of Code
Section 21-2-582.1, relating to penalty for voting equipment modification,
as follows:
"(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
chief election
officer is guilty of a
felony."
SECTION
127.
Said
chapter is further amended by revising Code Section 21-2-586, relating to
refusal by Secretary of State or his or her employee to permit public inspection
of documents, as follows:
"21-2-586.
(a)
If the
Secretary
of State
chief election
officer or any employee of his or her
office willfully refuses to permit the public inspection or copying, in
accordance with this chapter, of any return, petition, certificate, paper,
account, contract, report, or any other document or record in his or her
custody, except when in use, or willfully removes any such document or record
from his or her office during such period or permits the same to be removed,
except pursuant to the direction of competent authority, the
Secretary
of State
chief election
officer or employee of his or her office
shall be guilty of a misdemeanor.
(b)
If the
Secretary
of State
chief election
officer or any employee of his or her
office willfully destroys, alters, or permits to be destroyed or altered any
document described in subsection (a) of this Code section during the period for
which the same is required to be kept in his or her office, the
Secretary
of State
chief election
officer or employee of his or her office
shall be guilty of a felony."
SECTION
128.
For
the purpose of selecting the chief election officer, 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, 2009.
SECTION
129.
All
laws and parts of laws in conflict with this Act are repealed.