09 LC 28
4716S
The
House Committee on Governmental Affairs offers the following substitute to HB
540:
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 remove references to ballot
cards; to provide a time within which financial institutions must certify
wrongful dishonor of candidate qualifying checks; to provide that a candidate
who submits an improper nomination petition shall not be qualified; to provide
that a valid signature on a petition shall be sufficient to remove an elector
from the inactive list regardless of the validity of the petition as a whole; to
provide that registration applications may be mailed to the board of registrars;
to provide for the date stamping of voter registration applications that do not
contain a date stamp or contain an illegible date stamp; to provide for the
confidentiality of certain information; to provide for the procedure for voting
a challenged ballot; to provide that no election shall be held in a precinct in
which there are no opposed candidates unless there is a qualified write-in
candidate; to provide that DRE units shall be demonstrated on request and do not
have to be on display during the month preceding a primary or election; to
delete the reasons for voting by absentee ballot; to provide that absentee
ballots may be requested by electronic transmission; to provide for additional
sites for the board of registrars and absentee ballot clerks; to repeal the
requirement that counties having a population of between 88,000 and 90,000
according to the 1990 census or any future census shall designate any branch of
the courthouse or courthouse annex as an additional registrar's office; to
require jurisdictions using DRE units for voting on election day to use such
units for in-person absentee voting; to provide that an absentee ballot may be
issued for immediate voting to a person who applies in person at the registrar's
or absentee ballot clerk's office when the ballots are ready; to provide that an
elector whose absentee ballot is rejected shall be provided an additional
opportunity to vote; to revise the prohibition concerning exit and public
opinion polling in close proximity to a polling place on an election day; to
extend the period for verifying provisional ballots; to extend the deadline for
special elections to be placed on a state-wide general primary or general
election ballot; to provide an exception to the prohibition against prematurely
counting votes for the counting of absentee votes; to provide for related
matters; 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 paragraph (20) of Code Section
21-2-2, relating to definitions, as follows:
"(20)
'Paper ballot' or 'ballot' means the forms described in Article 8 of this
chapter.
The term
'paper ballot' shall not include a ballot
card."
SECTION
2.
Said
chapter is further amended by revising subsection (d) of Code Section 21-2-5,
relating to qualifications of candidates for federal and state office, as
follows:
"(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 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
and such
certification is received by the Secretary of State no later than the fourteenth
day immediately following the close of qualifying for the office sought by such
candidate."
SECTION
3.
Said
chapter is further amended by revising subsection (d) of Code Section 21-2-6,
relating to qualifications of candidates for county and municipal office, as
follows:
"(d)
In the event that a candidate pays his or her qualifying fee with a check that
is subsequently returned for insufficient funds, the superintendent 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
and such
certification is received by the superintendent no later than the fourteenth day
immediately following the close of qualifying for the office sought by such
candidate."
SECTION
4.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-171,
relating to examination of nomination petitions, as follows:
"(a)
When any nomination petition is presented in the office of the Secretary of
State 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
candidate
shall be qualified if such nomination
petition
shall be
permitted to be filed if:
(1)
It
contains
Contains
material errors or defects apparent on the face thereof;
(2)
It
contains
Contains
material alterations made after signing without the consent of the signers;
or
(3)
It
does
Does
not contain a sufficient number of signatures of registered voters as required
by law.
The
Secretary of State 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 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
5.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-223,
relating to mail voter registration application forms, as follows:
"(a)
The Secretary of State 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
or to the
board of registrars of the person's county of
residence. The Secretary of State shall
forward the applications
that he or she
receives to the appropriate county board
of registrars to determine the eligibility of the applicant and, if found
eligible, to add the applicant's name to the list of electors and to place the
applicant in the correct precinct and voting districts."
SECTION
6.
Said
chapter is further amended by revising subsection (c) of Code Section 21-2-224,
relating to registration deadlines, as follows:
"(c)(1)
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 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.
(2)
The board of registrars shall, as of the date received, date stamp all voter
registration applications delivered by hand to the board or otherwise received
when the application does not have a date stamp affixed by the Secretary of
State or a postmark affixed by the United States Postal Service or when the
postmark affixed by the United States Postal Service is illegible or bears no
date. In any such instance, a voter registration application shall be deemed to
have been made as of the date stamp affixed to such application by the board of
registrars that receives such application and shall be processed in accordance
with paragraph (1) of this subsection.
(3)
Any application of a person who is a resident of a county in this state that is
delivered to the board of registrars of another county through mistake,
inadvertence, neglect, or otherwise that does not have a date stamp affixed by
the Secretary of State or a postmark affixed by the United States Postal Service
or when the postmark affixed by the United States Postal Service is illegible or
bears no date shall be date stamped by the receiving board of registrars and
shall be forwarded as soon as possible and, in any event, not later than seven
days after receipt of the application to the correct board of registrars by the
receiving county. In any such instance, a voter registration application shall
be deemed to have been made as of the date stamp affixed to such application by
the board of registrars that originally receives such application and shall be
processed by the correct board of registrars in accordance with paragraph (1) of
this subsection."
SECTION
7.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-225,
relating to confidentiality of original registration applications, as
follows:
"(b)
All data collected and maintained on electors whose names appear on the list of
electors maintained by the Secretary of State 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, the
date
day
of birth, the social security
numbers,
and driver's license numbers of the electors, and the locations at which the
electors applied to register to vote, which shall remain confidential and shall
be used only for voter registration purposes; provided, however, that any and
all information relating to the dates of birth, social security numbers, and
driver's license numbers of electors may be made available to other state
agencies if the agency is authorized to maintain such information 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.
Information
regarding an elector's month and year of birth shall be available for public
inspection."
SECTION
8.
Said
chapter is further amended by revising subsection (i) of Code Section 21-2-230,
relating to challenge of persons on list of electors by other electors, as
follows:
"(i)
If the challenged elector appears at the polls to vote and it is not practical
to conduct a hearing prior to the close of the polls or if the registrars begin
a hearing and subsequently find that a decision on the challenge cannot be
rendered within a reasonable time, the challenged elector shall be permitted to
vote by
casting a
challenged ballot on the same type of ballot that is used by the county or
municipality for mail-in absentee ballots. Such challenged ballot shall be
sealed in double envelopes as provided in Code Section 21-2-384 and,
after having the word 'Challenged' and the
elector's name written across the back of the
elector's
ballot
outer
envelope, the ballot shall be deposited by the person casting such ballot in a
secure, sealed ballot box notwithstanding
the fact that the polls may have closed prior to the time the registrars make
such a determination, provided that the elector proceeds to vote immediately
after such determination of the registrars. In such cases, if the challenge is
based upon the grounds that the challenged elector is not qualified to remain on
the list of electors, the registrars shall proceed to finish the hearing prior
to the certification of the consolidated returns of the election by the election
superintendent. If the challenge is based on other grounds, no further action
shall be required by the registrars. The election superintendent shall not
certify such consolidated returns until such hearing is complete and the
registrars have rendered their decision on the challenge. If the registrars
deny the challenge, the superintendent shall proceed to certify the consolidated
returns. If the registrars uphold the challenge, the name of the challenged
elector shall be removed from the list of electors and the ballot of the
challenged elector shall be rejected and not counted and, if necessary, the
returns shall be adjusted to remove any votes cast by such elector. The elector
making the challenge and the challenged elector may appeal the decision of the
registrars in the same manner as provided in subsection (e) of Code
Section 21-2-229."
SECTION
9.
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 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
and regardless
of the validity of the petition as a
whole, 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
10.
Said
chapter is further amended by revising subsection (f) of Code Section 21-2-284,
relating to the form of the official primary ballot, as follows:
"(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
11.
Said
chapter is further amended by revising Code Section 21-2-291, relating to
procedure as to unopposed candidates, as follows:
"21-2-291.
Any
other provision of law to the contrary notwithstanding, in the event there is no
opposed candidate in a precinct in a special or general election, no special or
general election shall be held in such precinct unless
more than
one
a
write-in candidate has qualified as provided by law or unless there are issues
to be submitted to the electorate. Except as provided in Code Section 21-2-158,
each such unopposed candidate shall be deemed to have voted for himself or
herself. Where feasible, the superintendent shall provide notice reasonably
calculated to inform the affected electorate that no special or general election
is to be conducted. The superintendent shall certify such unopposed candidate
as elected in the same manner as he or she certifies other candidates as elected
pursuant to Code Section 21-2-493."
SECTION
12.
Said
chapter is further amended by revising Code Section 21-2-379.8, relating to
public exhibition of voting system and sample ballot, as follows:
"21-2-379.8.
(a)
The superintendent or his or her designee
shall, upon
request, make available for demonstration
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 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.
(b)
At least
30
45
days before a general primary or election or during the ten days before a
special primary or election, the superintendent shall place on public
exhibition, in such public places and at such times as the superintendent shall
deem most suitable for the information and instruction of the electors, a sample
ballot to be used in such election. The sample ballot shall show the offices
and questions to be voted upon, the names and arrangements of the political
parties and bodies, and the names and arrangements of the candidates to be voted
for. Such sample ballots shall be under the charge and care of a person who is,
in the opinion of the superintendent, competent and qualified as an instructor
concerning such ballots and voting procedures."
SECTION
13.
Said
chapter is further amended by revising Code Section 21-2-380, relating to
definition of absentee elector, as follows:
"21-2-380.
(a)
As used in this article, the term 'absentee elector' means an elector of this
state or a municipality thereof who
casts a ballot
in a primary, election, or runoff other than in person at the polls on the day
of such primary, election, or
runoff:
(1)
Is required to be absent from his or her precinct during the time of the primary
or election he or she desires to vote in;
(2)
Will perform any of the official acts or duties set forth in this chapter in
connection with the primary or election he or she desires to vote
in;
(3)
Because of physical disability or because of being required to give constant
care to someone who is physically disabled, will be unable to be present at the
polls on the day of such primary or election;
(4)
Because the election or primary falls upon a religious holiday observed by such
elector, will be unable to be present at the polls on the day of such primary or
election;
(5)
Is required to remain on duty in his or her place of employment for the
protection of the health, life, or safety of the public during the entire time
the polls are open when such place of employment is within the precinct in which
the voter resides; or
(6)
Is 75 years of age or older.
(b)
An elector who
requests
an
votes
by absentee ballot
by mail or
who casts an absentee ballot in person at the registrar's office or absentee
ballot clerk's office shall not be
required to provide a reason in order to cast an absentee ballot in any primary,
election, or
run-off
primary or election
runoff."
SECTION
14.
Said
chapter is further amended by revising subection (a) of Code
Section 21-2-381, relating to making of application for an absentee ballot,
as follows:
"(a)(1)(A)
Except as otherwise provided in Code Section 21-2-219, not more than 180 days
prior to the date of the primary or election, or runoff of either, in which the
elector desires to vote, any absentee elector may make, either by mail, by
facsimile transmission,
by electronic
transmission, or in person in the
registrar's or absentee ballot clerk's office, an application for an official
ballot of the elector's precinct to be voted at such primary, election, or
runoff.
Persons who
are entitled to vote by absentee ballot under the federal Uniformed and Overseas
Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may
additionally make application for an official ballot by electronic
transmission.
(B)
In the case of an elector residing temporarily out of the county or municipality
or a physically disabled elector residing within the county or municipality, the
application for the elector's absentee ballot may, upon satisfactory proof of
relationship, be made by such elector's mother, father, grandparent, aunt,
uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild,
son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or
sister-in-law of the age of 18 or over.
(C)
The application shall be in writing and shall contain sufficient information for
proper identification of the elector; the permanent or temporary address of the
elector to which the absentee ballot shall be mailed; the identity of the
primary, election, or runoff in which the elector wishes to vote;
the reason
for requesting the absentee ballot, if
applicable; and the name and relationship
of the person requesting the ballot if other than the elector.
(D)
Except in the case of physically disabled electors residing in the county or
municipality, no absentee ballot shall be mailed to an address other than the
permanent mailing address of the elector as recorded on the elector's voter
registration record or a temporary out-of-county or out-of-municipality
address.
(E)
Relatives applying for absentee ballots for electors must also sign an oath
stating that facts in the application are true.
(F)
If the elector is unable to fill out or sign such elector's own application
because of illiteracy or physical disability, the elector shall make such
elector's mark, and the person filling in the rest of the application shall sign
such person's name below it as a witness.
(G)
One timely and proper application for an absentee ballot for use in a primary or
election shall be sufficient to require the mailing of the absentee ballot for
such primary or election as well as for any runoffs resulting therefrom and for
all primaries and elections for federal offices and any runoffs therefrom,
including presidential preference primaries, held during the period beginning
upon the receipt of such absentee ballot application and extending through the
second regularly scheduled general election in which federal candidates are on
the ballot occurring thereafter to an eligible absentee elector who lives
outside the county or municipality in which the election is held and is also a
member of the armed forces of the United States, a member of the merchant marine
of the United States, or a spouse or dependent of a member of the armed forces
or the merchant marine residing with or accompanying said member or overseas
citizen.
(H)
Any elector meeting criteria of advanced age or disability specified by rule or
regulation of the State Election Board 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.
(2)
A properly executed registration card submitted under the provisions of
subsection (b) of Code Section 21-2-219, if submitted within 180 days of a
primary or election in which the registrant is entitled to vote, shall be
considered to be an application for an absentee ballot under this Code section,
or for a special absentee ballot under Code Section 21-2-381.1, as
appropriate.
(3)
All
applications for an official absentee ballot that are distributed by a person,
entity, or organization shall list thereon all of the legally acceptable
categories of absentee electors contained in Code Section 21-2-380 and shall
require the elector to select the category which qualifies the elector to vote
by absentee ballot, if applicable. Such applications, if properly completed by
the elector or other authorized person and returned to the registrar or absentee
ballot clerk, as appropriate, shall be processed by the registrar or absentee
ballot clerk and, if the elector is found to be qualified, an absentee ballot
shall be mailed or delivered in the office of the registrar or absentee ballot
clerk to such elector
Reserved.
(4)
In extraordinary circumstances as described in Code Section 21-2-543.1, the
registrar or absentee ballot clerk shall determine if the applicants are
eligible to vote under this Code section and shall either mail or issue the
absentee ballots for the election for representative in the United States
Congress to an individual entitled to make application for absentee ballot under
subsection (d) of this Code section the same day any such application is
received, so long as the application is received by 3:00 P.M., otherwise no
later than the next business day following receipt of the application. Any
valid absentee ballot shall be accepted and processed so long as the ballot is
received by the
registar
registrar
or absentee ballot clerk not later than 45 days after the ballot is transmitted
to the absent uniformed services voter or overseas voter, but in no event later
than 11 days following the date of the election."
SECTION
15.
Said
chapter is further amended by revising Code Section 21-2-382, relating to
additional sites as additional registrar's office or place of registration for
absentee ballots, as follows:
"21-2-382.
(a)
Any other provisions of this chapter to the contrary notwithstanding, the board
of registrars
or absentee
ballot clerk may establish additional
sites as additional registrar's
or absentee
ballot clerk's offices or places of
registration for the purpose of receiving absentee ballots under Code Section
21-2-381 and for the purpose of voting absentee ballots under Code Section
21-2-385,
provided
that any such site is
consistent
with Article 7 of this chapter. Whenever
practicable, a branch of the county
courthouse, a courthouse annex, a government service center providing general
government services, or another government building generally accessible to the
public shall
be utilized for such additional
sites.
(b)
Any other provisions of this chapter to the contrary notwithstanding, in all
counties of this state having a population of 550,000 or more
or having a
population between 88,000 and 90,000
according to the United States decennial census of 1990 or any future such
census, any branch of the county courthouse or courthouse annex established
within any such county shall be an additional registrar's
or absentee
ballot clerk's office or place of
registration for the purpose of receiving absentee ballots under Code Section
21-2-381 and for the purpose of voting absentee ballots under Code Section
21-2-385."
SECTION
16.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-383,
relating to absentee ballots and casting absentee ballot in person using DRE
unit, as follows:
"(b)
Notwithstanding any other provision of this Code section,
in
jurisdictions in which direct recording
electronic
(DRE)
voting systems
may
are used at
the polling places on election day, such direct recording electronic (DRE)
voting systems shall be used for casting
absentee ballots in person at a registrar's office or in accordance with Code
Section 21-2-382, providing for additional sites. In such cases, the absentee
ballots shall be coded in such a way that the ballot of a challenged voter can
be separated from other valid ballots at the time of tabulation until the
challenge is resolved."
SECTION
17.
Said
chapter is further amended by revising subsection (c) of Code Section 21-2-385,
relating to procedure for voting by absentee ballot, as follows:
"(c)
When an elector applies in person for an absentee ballot, after the absentee
ballots have been printed, the absentee ballot
shall
may
be issued to the elector at the time of the application therefor within the
confines of the registrar's or absentee ballot clerk's office
or may be
mailed to the elector, depending upon the elector's request. If the ballot is
issued to the elector at the time of
application,;
and the elector shall then and there
within the
confines of the registrar's or absentee ballot clerk's
office vote and return the absentee ballot
as provided in subsections (a) and (b) of this Code section. The board of
registrars or absentee ballot clerk shall furnish accommodations to the elector
to ensure the privacy of the elector while voting his or her absentee
ballot."
SECTION
18.
Said
chapter is further amended by revising Code Section 21-2-388, relating to
cancellation of absentee ballots of electors who are present in election
precinct during primaries and elections, as follows:
"21-2-388.
When
an absentee ballot which has been voted shall be returned to and received
and certified
in accordance with subsection (a) of Code Section
21-2-386 by the board of registrars
or the
absentee ballot clerk, it shall be deemed
to have been voted then and there; and no other ballot shall be issued to the
same elector.
If the board
of registrars or absentee ballot clerk rejects an absentee ballot, the elector
shall be provided the opportunity to vote in the primary, election, or runoff
either by applying for a second absentee ballot prior to the day before such
primary, election, or runoff or by voting in person at the elector's polling
place on the day of the primary, election, or
runoff. If an elector has requested to
vote by absentee ballot and has not received such absentee ballot, has such
ballot in his or her possession, or has returned such ballot but the registrars
have not received such ballot, such elector may have the absentee ballot
canceled and vote in person on the day of the primary, election, or runoff in
one of the following ways:
(1)
If the elector is in possession of the ballot, by surrendering the absentee
ballot to the poll manager of the precinct in which the elector's name appears
on the electors list and then being permitted to vote the regular ballot. The
poll manager shall mark 'Canceled' and the date and time across the face of the
absentee ballot and shall initial same. The poll manager shall also make
appropriate notations beside the name of the elector on the electors list. All
such canceled absentee ballots shall be returned with other ballots to the
superintendent; or
(2)
If the elector has not received the ballot or if the elector has returned the
ballot but the registrars have not received the ballot, by appearing in person
before the registrars or the absentee ballot clerk and requesting in writing
that the envelope containing the elector's absentee ballot be marked 'Canceled.'
After having satisfied themselves as to the identity of such elector, the
registrars or the absentee ballot clerk shall grant the request and shall notify
the managers of the elector's precinct as to such action so as to permit the
elector to vote in person in that precinct. If the absentee ballot is in the
mail or its exact location is unknown, the registrar or the absentee ballot
clerk shall write 'Canceled' beside the elector's name on the master list of
absentee voters and shall cancel the ballot itself as soon as it is received.
Canceled absentee ballots shall be disposed of in the same manner as provided in
subsection (a) of Code Section 21-2-386 for absentee ballots returned too late
to be cast."
SECTION
19.
Said
chapter is further amended by revising subsections (a), (b), and (c) 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:
"(a)
No person shall solicit votes in any manner or by any means or method, nor shall
any person distribute
or
display any campaign literature,
newspaper, booklet, pamphlet, card, sign, or any other written or printed matter
of any kind
while voting
is taking
place, nor
shall any person conduct any exit poll or public opinion poll with voters on any
primary or election day:
(1)
Within 150 feet of the outer edge of any building within which a polling place
is established;
(2)
Within any polling place; or
(3)
Within 25 feet of any voter standing in line to vote at any polling
place.
(b)
No person shall
solicit
signatures for any petition on any primary or election
day
conduct an
exit poll or public opinion poll with voters nor shall any person solicit
signatures for any petition while voting is taking
place:
(1)
Within
150
25
feet of the outer edge of any building within which a polling place is
established;
(2)
Within any polling place; or
(3)
Within 25 feet of any voter standing in line to vote at any polling
place.
(c)
No person
shall solicit votes in any manner or by any means or method, nor shall any
person distribute any campaign literature, newspaper, booklet, pamphlet, card,
sign, or any other written or printed matter of any kind, nor shall any person
conduct any exit poll or public opinion poll with voters within a room under the
control or supervision of the registrars or absentee ballot clerk in which
absentee ballots are being cast on any day or within 150 feet of any elector
waiting to cast an absentee ballot pursuant to subsection (b) of Code Section
21-2-380. No campaign literature, booklet, pamphlet, card, sign, or other
written or printed matter shall be displayed in any building containing a room
under the control or supervision of the registrars or absentee ballot clerk in
which absentee ballots are cast during the period when absentee ballots are
available for voting. These
The
restrictions
contained in
subsections (a) and (b) of this Code
section shall not apply to conduct
occurring in private offices or areas which cannot be seen or heard by
such
electors."
SECTION
20.
Said
chapter is further amended by revising subsection (c) of Code Section 21-2-419,
relating to validation of provisional ballots, as follows:
"(c)(1)
If the registrars determine after the polls close, but not later than
two
three
days following the primary or election, that the person casting the provisional
ballot timely registered to vote and was eligible and entitled to vote in such
primary or election, the registrars shall notify the election superintendent and
the provisional ballot shall be counted and included in the county or
municipality's certified election results.
(2)
If the registrars determine after the polls close, but not later than
two
three
days following the primary or election, that the person voting the provisional
ballot timely registered and was eligible and entitled to vote in the primary or
election but voted in the wrong precinct, then the board of registrars shall
notify the election superintendent. The superintendent shall count such
person's votes which were cast for candidates in those races for which the
person was entitled to vote but shall not count the votes cast for candidates in
those races in which such person was not entitled to vote. The superintendent
shall order the proper election official at the tabulating center or precinct to
prepare an accurate duplicate ballot containing only those votes cast by such
person in those races in which such person was entitled to vote for processing
at the tabulating center or precinct, which shall be verified in the presence of
a witness. Such duplicate ballot shall be clearly labeled with the word
'Duplicate,' shall bear the designation of the polling place, and shall be given
the same serial number as the original ballot. The original ballot shall be
retained.
(3)
If the registrars determine that the person casting the provisional ballot did
not timely register to vote or was not eligible or entitled to vote in such
primary or election or shall be unable to determine within
two
three
days following such primary or election whether such person timely registered to
vote and was eligible and entitled to vote in such primary or election, the
registrars shall so notify the election superintendent and such ballot shall not
be counted. The election superintendent shall mark or otherwise document that
such ballot was not counted and shall deliver and store such ballots with all
other ballots and election materials as provided in Code Section
21-2-500."
SECTION
21.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-540,
relating to conduct of special elections generally, as follows:
"(b)
At least 29 days shall intervene between the call of a special primary and the
holding of same, and at least 29 days shall intervene between the call of a
special election and the holding of same. The period during which candidates
may qualify to run in a special primary or a special election shall remain open
for a minimum of two and one-half days. Special elections which are to be held
in conjunction with a state-wide general primary or state-wide general election
shall be called at least
60
90
days prior to the date of such state-wide general primary or state-wide general
election; provided, however, that this requirement shall not apply to special
elections held on the same date as such state-wide general primary or state-wide
general election but conducted completely separate and apart from such
state-wide general primary or state-wide general election using different
ballots or voting equipment, facilities, poll workers, and
paperwork."
SECTION
22.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-562,
relating to fraudulent entries, as follows:
"(a)
Any person who willfully:
(1)
Inserts or permits to be inserted any fictitious name, false figure, false
statement, or other fraudulent entry on or in any registration card, electors
list, voter's certificate, affidavit, tally paper, general or duplicate return
sheet, statement, certificate, oath, voucher, account, ballot
or ballot
card, or other record or document
authorized or required to be made, used, signed, returned, or preserved for any
public purpose in connection with any primary or election;
(2)
Alters materially or intentionally destroys any entry which has been lawfully
made therein; or
(3)
Takes or removes any book, affidavit, return, account, ballot
or ballot
card, or other document or record from the
custody of any person having lawful charge thereof, in order to prevent the same
from being used or inspected or copied as required or permitted by this
chapter
shall
be guilty of a felony and, upon conviction thereof, shall be sentenced to
imprisonment for not less than one nor more than ten years or to pay a fine not
to exceed $100,000.00, or both."
SECTION
23.
Said
chapter is further amended by revising Code Section 21-2-568, relating to entry
into voting compartment or booth while another voting, as follows:
"21-2-568.
(a)
Any person who knowingly:
(1)
Goes into the voting compartment or voting machine booth while another is voting
or marks the ballot
or ballot
card or registers the vote for another,
except in strict accordance with this chapter;
(2)
Interferes with any elector marking his or her ballot
or ballot
card or registering his or her
vote;
(3)
Attempts to induce any elector before depositing his or her ballot
or ballot
card to show how he or she marks or has
marked his or her ballot
or ballot
card; or
(4)
Discloses to anyone how another elector voted, without said elector's consent,
except when required to do so in any legal proceeding
shall
be guilty of a felony.
(b)
Any person who, while giving lawful assistance to another, attempts to influence
the vote of the elector he or she is assisting or marks a ballot
or ballot
card or registers a vote in any other way
than that requested by the voter he or she is assisting shall be guilty of a
felony and, upon conviction thereof, shall be sentenced to imprisonment for not
less than one nor more than ten years or to pay a fine not to exceed
$100,000.00, or both."
SECTION
24.
Said
chapter is further amended by revising Code Section 21-2-574, relating to
unlawful possession of ballots, as follows:
"21-2-574.
Any
person, other than an officer charged by law with the care of ballots
or ballot
cards or a person entrusted by any such
officer with the care of the same for a purpose required by law, who has in his
or her possession outside the polling place any official ballot
or ballot
card shall be guilty of a
felony."
SECTION
25.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-575,
relating to counterfeit ballots, ballot cards, or ballot labels, as
follows:
"(a)
Any person who makes, constructs, or has in his or her possession any
counterfeit of an official
ballot,
ballot card, or ballot label shall be
guilty of a felony."
SECTION
26.
Said
chapter is further amended by revising Code Section 21-2-576, relating to
destroying, defacing, or delaying delivery of ballots or ballot cards, as
follows:
"21-2-576.
Any
person who willfully destroys or defaces any ballot
or ballot
card or willfully delays the delivery of
any ballots
or ballot
cards shall be guilty of a
misdemeanor."
SECTION
27.
Said
chapter is further amended by revising Code Section 21-2-578, relating to
unfolding, opening, or prying into ballots and ballot cards, as
follows:
"21-2-578.
Any
person who, before any ballot
or ballot
card is deposited in the ballot box as
provided by this chapter, willfully unfolds, opens, or pries into any such
ballot or
ballot card with the intent to discover
the manner in which the same has been marked shall be guilty of a
misdemeanor."
SECTION
28.
Said
chapter is further amended by revising Code Section 21-2-579, relating to
fraudulently allowing ballot, ballot card, or voting machine to be seen, as
follows:
"21-2-579.
Any
voter at any primary or election who:
(1)
Allows his or her
ballot,
ballot card, or the face of the voting
machine used by him or her to be seen by any person with the apparent intention
of letting it be known for a fraudulent purpose how he or she is about to
vote;
(2)
Casts or attempts to cast any other than the official ballot
or ballot
card which has been given to him or her by
the proper poll officer, or advises or procures another to do so;
(3)
Without having made the affirmation under oath or declaration required by Code
Section 21-2-409, or when the disability which he or she declared at the time of
registration no longer exists, permits another to accompany him or her into the
voting compartment or voting machine booth or to mark his or her ballot or to
register his or her vote on the voting machine or direct recording electronic
(DRE) equipment; or
(4)
States falsely to any poll officer that because of his or her inability to read
the English language or because of blindness, near-blindness, or other physical
disability he or she cannot mark the ballot
or ballot
card or operate the voting machine without
assistance
shall
be guilty of a misdemeanor."
SECTION
29.
Said
chapter is further amended by revising Code Section 21-2-587, relating to frauds
by poll officers, as follows:
"21-2-587.
Any
poll officer who willfully:
(1)
Makes a false return of the votes cast at any primary or election;
(2)
Deposits fraudulent ballots
or ballot
cards in the ballot box or certifies as
correct a false return of ballots
or ballot
cards;
(3)
Registers fraudulent votes upon any voting machine or certifies as correct a
return of fraudulent votes cast upon any voting machine;
(4)
Makes any false entries in the electors list;
(5)
Destroys or alters any ballot,
ballot
card, voter's certificate, or electors
list;
(6)
Tampers with any voting machine, direct recording electronic (DRE) equipment, or
tabulating computer or device;
(7)
Prepares or files any false voter's certificate not prepared by or for an
elector actually voting at such primary or election; or
(8)
Fails to return to the officials prescribed by this chapter, following any
primary or election, any keys of a voting machine, ballot box, general or
duplicate return sheet, tally paper, oaths of poll officers, affidavits of
electors and others, record of assisted voters, numbered list of voters,
electors list, voter's certificate, spoiled and canceled ballots
or ballot
cards, ballots
or ballot
cards deposited, written, or affixed in or
upon a voting machine, DRE memory cards, or any certificate or any other paper
or record required to be returned under this chapter
shall
be guilty of a felony and, upon conviction thereof, shall be sentenced to
imprisonment for not less than one nor more than ten years or to pay a fine not
to exceed $100,000.00, or both."
SECTION
30.
Said
chapter is further amended by revising Code Section 21-2-588, relating to
premature counting of votes by poll officer, as follows:
"21-2-588.
Any
Except as
provided in Code Section 21-2-386, any
poll officer who counts any votes before the close of the polls or before the
last person has voted, whichever occurs later in time, on the day of any primary
or election shall be guilty of a misdemeanor."
SECTION
31.
Said
chapter is further amended by revising Code Section 21-2-594, relating to
offenses by printers of ballots, as follows:
"21-2-594.
Any
printer employed to print any official ballots
or ballot
cards for use in a primary or election, or
any person engaged in printing the same, who:
(1)
Appropriates to himself or herself or gives or delivers, or knowingly permits to
be taken, any of said ballots
or ballot
cards by any unauthorized person;
or
(2)
Willfully and knowingly prints, or causes to be printed, any official ballot
or ballot
cards in any form other than that
prescribed by the appropriate officials or with any other names or printing, or
with the names spelled otherwise than as directed by such officials or the names
or printing thereon arranged in any other way than that authorized and directed
by this chapter
shall
be guilty of a felony."
SECTION
32.
All
laws and parts of laws in conflict with this Act are repealed.