hb244_LC_28_2112_a

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05 LC 28 2112

House Bill 244

By: Representative Burmeister of the 119th

A BILL TO BE ENTITLED
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 amend certain definitions; to authorize the Secretary of State to provide copies of the general election ballot and questions on compact disc or other media or an Internet website; to clarify the meaning of governing authority; to authorize the Secretary of State to review ballots for use on DRE units; to provide for certain training for poll officers; to change municipal qualifying periods; to provide that a candidate shall use the surname shown on such candidatés voter registration card when qualifying for office; to provide that the form of a candidatés name cannot be changed after the candidate qualifies; to provide for the time of giving notice to be a write-in candidate in special elections; to delete the requirement that the Secretary of State receive all voter registration cards after a system of digitization of voter registration signatures is operational; to provide for the time for challenging the right of an elector to vote who votes by absentee ballot in person; to provide for the sending of certain notices concerning voter registration; to provide that the individual names of candidates for the office of presidential elector shall not be listed on the ballot; to remove the authorization for counties to use lever-type voting machines; to remove the requirement that optical scanning ballots have a name stub; to provide for notice of preparation of certain voting equipment prior to runoffs; to provide that memory cards used in DRE units shall be transported from the precinct to the tabulating center in the custody of at least two poll workers; to remove the electoŕs place of birth from the absentee ballot oath form; to provide that absentee electors whose vote has been challenged must vote by paper or optical scanning ballot; to provide for the posting of certain information at polling places; to provide for poll watchers for advance voting sites; to prohibit certain activities within close proximity to the locations where advance voting is taking place; to delete the requirement that poll officers ascertain whether someone timely registered to vote prior to allowing such person to vote a provisional ballot; to limit the requirement that all voters vote provisional ballots when poll hours are extended by court order to elections in which federal candidates are on the ballot; to provide for the use of provisional ballots by electors when voting machines or DRE units malfunction or an emergency exists which prevents the use of such devices; to provide for the call of special elections when held in conjunction with state-wide primaries and elections; to provide for the offense of conspiracy to commit election fraud; to provide for 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 striking paragraphs (5) and (9) of Code Section 21-2-2, relating to definitions, and inserting in lieu thereof new paragraphs (5) and (9) to read as follows:

"(5) 'Election' ordinarily means any general or special election and shall not include a primary or special primary unless the context in which the term is used clearly requires that a primary or special primary is included."

"(9) 'Governing authority' means the governing authority of a municipality Reserved."

SECTION 2.

Said chapter is further amended by striking subsection (d) of Code Section 21-2-4, relating to distribution of summaries of constitutional amendments, and inserting in lieu thereof a new subsection (d) to read as follows:

"(d) The Secretary of State 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 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 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 striking Code Section 21-2-8, relating to eligibility for nomination, election, and performance of certain acts, and inserting in lieu thereof a new Code Section 21-2-8 to read as follows:

"21-2-8.

No person shall be eligible for party nomination for or election to public office, nor shall he or she perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any election or primary held under this chapter, if under the laws of this state, any other state, or the United States he or she has been convicted and sentenced, in any court of competent jurisdiction, for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude, unless such persońs civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude. Additionally, the person shall not be holding illegally any public funds. In the event of the disqualification of the superintendent as described in this Code section, the clerk of the superior court shall act in his or her stead. Notwithstanding the above, the governing authority of a municipality shall appoint an individual to serve as superintendent for municipal elections or municipal primaries in the event of the disqualification of the municipal superintendent, unless the municipality has contracted with a county government for the provision of election services, in which event the clerk of the superior court shall act in place of a disqualified superintendent."

SECTION 4.

Said chapter is further amended by striking subsection (b) of Code Section 21-2-9, relating to date of election for offices, and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) All general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in each odd-numbered year. Public notice of such elections shall be published by the governing authority of the municipality in a newspaper of general circulation in the municipality at least 30 days prior to the elections."

SECTION 5.

Said chapter is further amended by striking subsection (a) of Code Section 21-2-33.1, relating to the enforcement of the chapter, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) The State Election Board 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 an individual, a partnership, a committee, an association, a corporation, an entity, or a county or municipal governing authority which employs or compensates an individual found to have committed a violation, or both, as the State Election Board deems appropriate;

(3) To publicly reprimand an individual, a partnership, a committee, an association, a corporation, an entity, or county or municipal governing authority found to have committed a violation;

(4) To require that restitution be paid to a state, the state or a county, or city municipal governing authority when it has suffered a monetary loss or damage as the result of a violation;

(5) To require individuals to attend training as specified by the board; and

(6) To assess investigative costs incurred by the board against an individual, a partnership, a committee, an association, a corporation, an entity, or the county or municipal governing authority which employs or compensates an individual found to have committed a violation."

SECTION 6.

Said chapter is further amended by striking paragraph (15) of subsection (a) of Code Section 21-2-50, relating to powers and duties of the Secretary of State, and inserting in lieu thereof a new paragraph (15) to read as follows:

"(15) To develop, program, and build, and review ballots for use by counties and municipalities on direct recording electronic (DRE) voting systems in use in the state."

SECTION 7.

Said chapter is further amended by striking Code Section 21-2-72, relating to primary and election records to be open to the public, and inserting in lieu thereof a new Code Section 21-2-72 to read as follows:

"21-2-72.

Except when otherwise provided by law or court order, the primary and election records of each governing authority, superintendent, registrar, municipal governing authority, and committee of a political party or body, including registration statements, nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports, and other documents in official custody, except the contents of voting machines, shall be open to public inspection and may be inspected and copied by any elector of the county or municipality during usual business hours at any time when they are not necessarily being used by the custodian or his or her employees having duties to perform in reference thereto; provided, however, that such public inspection shall only be in the presence of the custodian or his or her employee and shall be subject to proper regulation for the safekeeping of such documents and subject to the further provisions of this chapter. The custodian shall also, upon request, if photocopying equipment is available in the building in which the records are housed, make and furnish to any member of the public copies of any of such records upon payment of the actual cost of copying the records requested."

SECTION 8.

Said chapter is further amended by striking Code Section 21-2-73, relating to preservation of primary and election records, and inserting in lieu thereof a new Code Section 21-2-73 to read as follows:

"21-2-73.

All primary and election documents on file in the office of the election superintendent of each county, municipal governing authority, superintendent, registrar, committee of a political party or body, or other 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 9.

Said chapter is further amended by striking Code Section 21-2-90, relating to the appointment of a chief manager and assistant managers, and inserting in lieu thereof a new Code Section 21-2-90 to read as follows:

"21-2-90.

All elections and primaries shall be conducted in each precinct by a board consisting of a chief manager, who shall be chairperson of such board, and two assistant managers assisted by clerks. The managers of each precinct shall be appointed by the superintendent or, in the case of municipal elections, by the municipal governing authority. If the political parties involved elect to do so, they may submit to the superintendent or municipal governing authority, for consideration in making such appointment, a list of qualified persons. When such lists are submitted to the appropriate office, the superintendent or municipal governing authority, insofar as practicable, shall make appointments so that there shall be equal representation on such boards for the political parties involved in such elections or primaries. The superintendent or municipal governing authority shall make each appointment by entering an order which shall remain of record in the appropriate office and shall transmit a copy of such order to the appointee. The order shall include the name and address of the appointee, his or her title, and a designation of the precinct and primary or election in which he or she is to serve."

SECTION 10.

Said chapter is further amended by striking subsection (a) of Code Section 21-2-99, relating to instruction of poll officers and workers in election procedures, and inserting in lieu thereof a new subsection (a) to read 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 officerś or poll workerś duties in connection therewith before the first election in each election cycle 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 on forms to be provided by the Secretary of State of the date when such instruction was held and the number of persons attending and completing such instruction. For the purpose of giving such instructions, the superintendent shall call such meeting or meetings of poll officers and poll workers as shall be necessary. Each poll officer shall, upon notice, attend such meeting or meetings called for his or her instruction."

SECTION 11.

Said chapter is further amended by striking subsection (e) of Code Section 21-2-100, relating to training of local election officials, and inserting in lieu thereof a new subsection (e) to read as follows:

"(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 for failure to attend the training required in this Code section."

SECTION 12.

Said chapter is further amended by striking subsection (c) of Code Section 21-2-101, relating to certification program for election superintendents or election board designee, and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) A superintendent and the county or municipal governing authority which employs the superintendent may be fined by the State Election Board for failure to attain the certification required in this Code section."

SECTION 13.

Said chapter is further amended by striking paragraph (3) of subsection (d) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof a new paragraph (3) to read as follows:

"(3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidatés municipality during the municipalitýs 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 comply with the following:

(A) In the case of a general election held in an odd-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the second Monday in September immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday;

(B) In the case of a general election held in an even-numbered year, the municipal qualifying period 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,

(C) In 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."

SECTION 14.

Said chapter is further amended by striking subsection (f) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof a new subsection (f) to read as follows:

"(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 candidatés voter registration card. After such name is submitted to the Secretary of State 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 candidatés 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 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."

SECTION 15.

Said chapter is further amended by striking subsection (a) of Code Section 21-2-133, relating to write-in candidacy, and inserting in lieu thereof a new subsection (a) to read as follows:

"(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; no earlier than January 1 and no later than the Tuesday after the first Monday in June in the case of a nonpartisan election for a state or county office which was not covered by a local Act of the General Assembly on July 1, 2001, which provided for election in a nonpartisan election without a prior nonpartisan primary; no later than the third Monday in July in the case of a nonpartisan election for a state or county office which was not covered by a local Act of the General Assembly on July 1, 2001, which provided for election in a nonpartisan election without a prior nonpartisan 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; or at least 20 or more days prior to 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 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."

SECTION 16.

Said chapter is further amended by striking subsection (e) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, and inserting in lieu thereof a new subsection (e) to read as follows:

"(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 candidatés voter registration card. After such name is certified by the political party to the Secretary of State 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 candidatés 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 to be necessary to comply with federal and state law."

SECTION 17.

Said chapter is further amended by striking subsection (d) of Code Section 21-2-153.1, relating to qualification of candidates for party nomination in a municipal primary, and inserting in lieu thereof a new subsection (d) to read as follows:

"(d) 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 candidatés voter registration card. After such name is submitted by the candidate to the political party, the form of such name shall not be changed during the primary and election for which such affidavit is submitted;

(1) (2) His or her residence, with street and number, if any, and his or her post office address;

(2) (3) His or her profession, business, or occupation, if any;

(3) (4) The name of his or her precinct;

(4) (5) That he or she is an elector of the municipality of his or her residence and is eligible to vote in the primary election in which he or she is a candidate for nomination;

(5) (6) The name of the office he or she is seeking;

(6) (7) That he or she is eligible to hold such office;

(7) (8) That he or she 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 his or her civil rights have been restored; and

(8) (9) That he or she will not knowingly violate this chapter or any rules and regulations adopted under this chapter."

SECTION 18.

Said chapter is further amended by striking subsections (c) and (e) of Code Section 21-2-212, relating to county registrars, and inserting in lieu thereof new subsections (c) and (e) to read as follows:

"(c) The governing authority of each municipality shall appoint registrars as necessary, and the appointments shall be entered on the minutes of the such governing authority. The municipal governing authority shall designate one of the registrars as chief registrar. The chief registrar will serve as such during such registraŕs term of office, and such designation shall likewise be entered on the minutes of the such governing authority. Such registrars shall serve at the pleasure of the municipal governing authority, and compensation of the registrars shall be fixed by the such governing authority. Any registrar shall have the right to resign at any time by submitting a resignation to such governing authority. In the event of any such removal or resignation of a registrar, such registraŕs duties and authority as such shall terminate instantly. Successors to resigned registrars shall be appointed by the municipal governing authority. Each appointment or change in designation shall be entered on the minutes of the such governing authority and certified by the governing authority. The municipal governing authority may furnish such employees and facilities as it deems necessary for the operation of the office and the affairs of the registrars."

"(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 registraŕs term of office. Such designation shall likewise be entered on the minutes of the such governing authority. It shall be the duty of the county governing authority to certify the appointments and designation to the Secretary of State within 30 days after such appointments and designation. In certifying such names to the Secretary of State, 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 the such governing authority. In the event of the death, resignation, or removal of any registrar, such registraŕs 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 the 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 19.

Said chapter is further amended by repealing subsection (j) of Code Section 21-2-215, relating to registrars, registration, and the digitization of signatures from voter registration cards, which reads as follows:

"(j) At such time as the Secretary of State certifies that a system for the digitization of all or a portion of the completed registration cards is operational, the board of registrars shall expeditiously transmit the registration card for each elector whose registration has been approved to the Secretary of State. The Secretary of State shall retain such cards after processing for the period of time set forth in this article."

SECTION 20.

Said chapter is further amended by striking subsection (a) of Code Section 21-2-230, relating to challenge of persons on list of electors by other electors, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) Any elector of the county or municipality may challenge the right of any other elector of the county or municipality, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the electoŕs polling place or, if such elector cast an absentee ballot, prior to 5:00 p.m. P.M. on the day before the election; provided, however, that challenges to persons voting by absentee ballot in person at the office of the registrars or the absentee ballot clerk whose vote is cast on a DRE unit must be made prior to such persońs voting."

SECTION 21.

Said chapter is further amended by striking subsection (f) of 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, and inserting in lieu thereof a new subsection (f) to read as follows:

"(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."

SECTION 22.

Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-2-233, relating to comparison of change of address information supplied by United States Postal Service, and inserting in lieu thereof new subsections (b) and (c) to read as follows:

"(b) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address in the county in which the elector is presently registered, the list of electors shall be changed to reflect the new address and the elector shall be sent a notice of the change by forwardable mail at both the electoŕs old address and the new address with a postage prepaid, preaddressed return form by which the elector may verify or correct the address information. The registrars may also send a notice of the change by forwardable mail to the electoŕs new address with a postage prepaid, preaddressed return form by which the elector may verify or correct the address information.

(c) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address outside of the boundaries of the county or municipality in which the elector is presently registered, such elector shall be sent a confirmation notice as provided in Code Section 21-2-234 at both the old and new addresses address of the elector. The registrars may also send a confirmation notice to the electoŕs new address. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is presently registered, the electoŕs name shall be removed from the appropriate list of electors. If the elector responds to the notice and affirms that the elector has not moved, the elector shall remain on the list of electors at the electoŕs current address. If the elector fails to respond to the notice within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235."

SECTION 23.

Said chapter is further amended by striking paragraph (2) of 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, and inserting in lieu thereof a new paragraph (2) to read as follows:

"(2) In the first six months of each odd-numbered year, the Secretary of State 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 24.

Said chapter is further amended by striking Code Section 21-2-264, relating to reimbursement of counties for costs incurred pursuant to alteration of precinct boundaries, and inserting in lieu thereof a new Code Section 21-2-264 to read 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 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 countýs or municipalitýs 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. If the Secretary of State, 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 subsection shall come only from those funds appropriated to the Secretary of State 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 25.

Said chapter is further amended by striking Code Section 21-2-267, relating to equipment, arrangement, and storage relating to polling places, and inserting in lieu thereof a new Code Section 21-2-267 to read as follows:

"21-2-267.

(a) The governing authority of each county and municipality shall provide and the superintendent shall cause all rooms used as polling places to be provided with suitable heat and light and, in precincts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies in which the electors may conveniently mark their ballots, with a curtain, screen, or door in the upper part of the front of each compartment or booth so that in the marking thereof they may be screened from the observation of others. A curtain, screen, or door shall not be required, however, for the self-contained units used as voting booths in which direct recording electronic (DRE) voting units are located if such booths have been designed so as to ensure the privacy of the elector. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein and shall be furnished with a guardrail or barrier closing the inner portion of such room, which guardrail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the guardrail or barrier. The voting machine or machines shall be placed in the voting rooms within the enclosed space so that, unless its construction shall otherwise require, the ballot labels on the face of the machine can be plainly seen by the poll officers when the machine is not occupied by an elector. In the case of direct recording electronic (DRE) voting units, the units shall be arranged in such a manner as to ensure the privacy of the elector while voting on such units, to allow monitoring of the units by the poll officers while the polls are open, and to permit the public to observe the voting without affecting the privacy of the electors as they vote.

(b) The superintendent, unless otherwise provided by law, may make such arrangements as he or she deems proper for the storage of election equipment in the various precincts of the county or municipality at such times of the year that it will not be used for election purposes and may fix reasonable compensation therefor."

SECTION 26.

Said chapter is further amended by striking Code Section 21-2-268, relating to compensation for rent, heat, light, and janitorial services for the use of public buildings, and inserting in lieu thereof a new Code Section 21-2-268 to read as follows:

"21-2-268.

The superintendent or county or municipal governing authority shall fix the compensation for rent, heat, light, and janitorial services to be paid for the use of polling places for primaries and elections; provided, however, that no compensation for rent, heat, or light shall be paid in the case of schoolhouses, municipal buildings or rooms, or other public buildings used as polling places."

SECTION 27.

Said chapter is further amended by striking Code Section 21-2-280, relating to requirement as to conduct of primaries and elections by ballot, and inserting in lieu thereof a new Code Section 21-2-280 to read as follows:

"21-2-280.

All primaries and elections in this state shall be conducted by ballot, except when voting machines are used as provided by law. A ballot may be electronic or printed on paper. All ballots used in any primary or election shall be provided by the superintendent or municipal governing authority in accordance with this article, and only official ballots furnished by the superintendent or governing authority shall be cast or counted in any primary or election in any precinct in which ballots are used."

SECTION 28.

Said chapter is further amended by striking Code Section 21-2-283, relating to printing and safekeeping of ballots and labels by superintendent, and inserting in lieu thereof a new Code Section 21-2-283 to read as follows:

"21-2-283.

In any primary or election, the superintendent or municipal governing authority shall cause all the ballots and ballot labels to be printed accurately and in the form prescribed by this chapter, and the superintendent or municipal governing authority shall be responsible for the safekeeping of the same while in his or her or its possession or that of his or her or its agent. The superintendent or municipal governing authority shall keep a record of the number of official ballots printed and furnished to each precinct at each primary and election, and the number of stubs, unused ballots, and canceled ballots subsequently returned therefrom."

SECTION 29.

Said chapter is further amended by striking subsection (e) of Code Section 21-2-285, relating to the form of the official election ballot, and inserting in lieu thereof a new subsection (e) to read as follows:

"(e) When presidential electors are to be elected, the ballot shall not list the individual names of the nominees candidates for presidential electors but shall list the names of each political party or body for such offices shall be arranged alphabetically under or body and the names of the candidates of the party or body for the offices of President and Vice President of the United States. The individual names or the nominees of each political party or body for such offices shall be posted at each polling place arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States. A vote for the candidates for President and Vice President of a political party or body shall be deemed to be a vote for each of the candidates for presidential electors of such political party or body."

SECTION 30.

Said chapter is further amended by striking Code Section 21-2-320, relating to power of governing authority to authorize use of and to procure voting machines, and inserting in lieu thereof a new Code Section 21-2-230 to read as follows:

"21-2-320.

The governing authority of any county or municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of voting machines for recording and computing the vote at all elections held in the county or municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure voting machines conforming to the requirements of this part."

SECTION 31.

Said chapter is further amended by striking Code Section 21-2-321, relating to referendum on question of use of voting machines, and inserting in lieu thereof a new Code Section 21-2-321 to read as follows:

"21-2-321.

(a) The governing authority of any county or municipality which conducts elections by paper ballot may, upon its own motion, submit to the electors of the county or municipality, at any election, the question: 'Shall voting machines be used in __________?'

(b) The governing authority of any county or municipality which conducts elections by paper ballot, upon the filing of a petition with it signed by electors of the county equal in number to at least 1 percent of the total number of electors who voted in such county at the preceding general election or upon the receipt of a petition signed by at least 10 percent of the electors who voted in such municipality at the preceding general election, shall, at the next election occurring at least 45 days thereafter, submit to the electors of such county or municipality the question: 'Shall voting machines be used in __________?'

(c) The governing authority shall cause such question to be printed upon the ballots to be used at the election in the form and manner provided by the laws governing general elections.

(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 county or 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.

(e) Whenever, under this Code section, the question of the adoption of voting machines is about to be submitted to the electors of any county or municipality, it shall be the duty of the governing authority of such county or municipality to ascertain whether current funds will be available to pay for such machines, if adopted and purchased, or whether it has power to increase the indebtedness of the county or municipality in an amount sufficient to pay for the machines without the consent of the electors; and, if such current funds will not be available and the power to increase the indebtedness of the county or municipality in a sufficient amount without the consent of the electors is lacking, it shall be the duty of the governing authority to submit to the electors of the county or municipality, in the manner provided by law, at the same election at which the adoption of voting machines is to be voted on, the question of whether the indebtedness of such county or municipality shall be increased, in an amount specified by them, sufficient to pay for such voting machines, if adopted.

(f) If a majority of the electors voting on such question or questions shall vote in the affirmative, the governing authority of such county or municipality shall purchase, lease, or rent voting machines, conforming to the requirements of this part, for recording and computing the vote at all elections held in such county or municipality."

SECTION 32.

Said chapter is further amended by striking Code Section 21-2-323, relating to installation of voting machines, and inserting in lieu thereof a new Code Section 21-2-323 to read as follows:

"21-2-323.

(a) When the use of voting machines has been authorized in the manner prescribed by Code Section 21-2-320 or 21-2-321, such voting machines shall be installed, either simultaneously or gradually, within the county or municipality. Upon the installation of voting machines in any precinct, the use of paper ballots therein shall be discontinued, except as otherwise provided by this chapter.

(b) In each precinct in which voting machines are used, the municipal governing authority shall provide at least one voting machine for each 500 electors, or major fraction thereof, except that at least one voting machine shall be provided in each such precinct in any case.

(d) The municipal governing authority shall provide voting machines in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices, which, under existing laws and party rules, are likely to be voted for at any future primary or election."

SECTION 33.

Said chapter is further amended by striking subsection (g) of Code Section 21-2-324, relating to examination and approval of voting machines by Secretary of State, and inserting in lieu thereof a new subsection (g) to read as follows:

"(g) Neither the Secretary of State, nor any examiner appointed by him or her for the purpose prescribed by this Code section, nor any superintendent, nor the governing authority of any county or municipality or a member of such authority, nor any other person involved in the examination process shall have any pecuniary interest in any voting machine or in the manufacture or sale thereof."

SECTION 34.

Said chapter is further amended by striking Code Section 21-2-327, relating to preparation of voting machines, and inserting in lieu thereof a new Code Section 21-2-327 to read as follows:

"21-2-327.

(a) The superintendent of each county or municipality shall cause the proper ballot labels to be placed on each voting machine which is to be used in any precinct within such county or municipality, cause each machine to be placed in proper order for voting, examine each machine before it is sent out to a polling place, see that each registering counter on each machine is set at zero, lock each machine so that the counting machinery cannot be operated, and seal each machine with a numbered seal. The superintendent or his or her agent shall adjust each machine to be used at a primary, so that the poll officers may lock it on primary day, in such a way that each elector can vote only for the candidates seeking nomination by the political party in whose primary he or she is then voting and so that no elector can vote for the candidates seeking nomination by any political party in whose primary he or she is not then voting.

(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 in the county 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 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, which shall be filed with the superintendent.

(c) On or before the twelfth day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall mail to the foreperson of the grand jury, the chairperson of the county executive committee of each political party which shall be entitled under existing laws to participate in primaries within the county, and to the chairperson or presiding officer of any organization of citizens within the county having as its purpose or among its purposes the investigation or prosecution of primary and election frauds, which has registered its name and address and the names of its principal officers with the superintendent at least 30 days before such primary or election, and, in the case of an election, to the appropriate committee of each political body which shall be entitled to have the names of its candidates entered on the voting machines, and to each independent candidate who shall be entitled to have his or her name printed on the voting machines, a written notice stating the times when and the place or places where preparation of the machines for use in the several precincts in the county will be started. The grand jury shall appoint a committee, consisting of three of its members, which shall inspect the machines and see that the machines are properly prepared and are placed in proper condition and order for use. In the event the committee of the grand jury fails to be present, the superintendent shall immediately appoint a panel consisting of three electors to perform the duties of the committee of the grand jury set forth in this Code section. Further, one representative of each political party or body, certified by the chairperson of such political party or body, and one representative of each aforementioned organization of citizens, certified by the chairperson or presiding officer of such organization, and any such independent candidate or his or her certified agent shall be entitled to be present during the preparation of the machines and to see that the machines are properly prepared and are placed in proper condition and order for use. Such committee of the grand jury, representatives, or candidates shall not, however, interfere with the preparation of the machines; and the superintendent may make such reasonable rules and regulations concerning the conduct of such representatives and candidates.

(d) The custodian and deputy custodians of voting machines and the members of the committee of the grand jury, if any, shall make an affidavit, which each shall sign, and request each representative of a party, body, or a citizenś organization, or candidate or his or her agent present at the preparation of the machine to attest, and which shall be filed with the superintendent, or in the case of a municipal election or primary, the city clerk, stating:

(1) The identifying number or other designation of the voting machine;

(2) That each registering counter on the machine was set at zero;

(3) The number registered on the protective counter or other device of the machine; and

(4) The number on the seal with which the machine is sealed.

(e) No superintendent nor custodian nor other employee of the superintendent shall, in any way, prevent free access to and examination of all voting machines which are to be used at the primary or election by any of the duly appointed representatives or candidates aforesaid; and the superintendent and his or her employees shall afford to each such representative or candidate every facility for the examination of all registering counters, protective counters, and public counters of each and every voting machine.

(f) In every primary or election, the superintendent shall furnish, at the expense of the county or 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, all of which shall be in the form and according to the specifications prescribed from time to time by the Secretary of State. In the case of 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 35.

Said chapter is further amended by striking subsection (a) of Code Section 21-2-330, relating to public exhibition of and instruction on sample voting machine, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, other than in the case of municipal primaries and elections, and during the five days preceding a municipal general primary or election or during the three days preceding a municipal special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more voting machines containing the ballot labels and showing the offices and questions to be voted upon, the names and arrangements of parties and bodies, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines shall be under the charge and care of a person competent as custodian and instructor. No voting machine which is to be assigned for use in a primary or election shall be used for such public exhibition and instruction after having been prepared and sealed for the primary or election."

SECTION 36.

Said chapter is further amended by striking subsection (a) of Code Section 21-2-331, relating to designation and compensation of custodians of voting machines and keys, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) The superintendent, or in the case of municipal primaries or elections, the governing authority, shall designate a person or persons who shall have the custody of the voting machines of the county or municipality and the keys therefor when the machines are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the machines and keys."

SECTION 37.

Said chapter is further amended by striking Code Section 21-2-333, relating to responsibility of county or municipal governing authority to provide for payment for voting machines, and inserting in lieu thereof a new Code Section 21-2-333 to read as follows:

"21-2-333.

The governing authority of any county or municipality which adopts voting machines in a manner provided for by this article shall, upon the purchase of voting machines, provide for their payment by the county or municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties or municipalities to meet all or any part of the cost of the voting machines."

SECTION 38.

Said chapter is further amended by striking subsections (b) and (d) of Code Section 21-2-367, relating to installation of optical scanning voting systems, and inserting in lieu thereof new subsections (b) and (d) to read as follows:

"(b) In each precinct in which optical scanning voting systems are used, the county or municipal governing authority, as appropriate, shall provide at least one voting booth or enclosure for each 200 electors therein, or fraction thereof."

"(d) The county or municipal governing authority, as appropriate, shall provide optical scanning voting systems in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election."

SECTION 39.

Said chapter is further amended by striking subsection (b) of Code Section 21-2-369, relating to printing of optical scanning ballots, and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors and that the ballots shall not be required to have a name stub."

SECTION 40.

Said chapter is further amended by striking subsection (b) of Code Section 21-2-374, relating to proper programming of optical scanning systems, and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have the optical scanning tabulators tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto; 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, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballots which are improperly marked and one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the optical scanning tabulator to reject such votes. The optical scanning tabulator shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the tabulator is approved. The superintendent shall cause the pretested tabulators to be placed at the various polling places to be used in the primary or election. The superintendent shall require that each optical scanning tabulator be thoroughly tested and inspected prior to each primary and election in which it is used and shall keep such tested material as certification of an errorless count on each tabulator. In counties using central count optical scanning tabulators, the same test shall be repeated immediately before the start of the official count of the ballots and at the conclusion of such count. Precinct tabulators shall produce a zero tape prior to any ballots being inserted on the day of any primary or election."

SECTION 41.

Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-2-379.6, relating to maintenance of DRE voting systems and supplies, and inserting in lieu thereof new subsections (b) and (c) to read as follows:

"(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 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 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."

SECTION 42.

Said chapter is further amended by striking subsection (f) of Code Section 21-2-379.11, relating to procedure for tabulation of votes on DRE systems, and inserting in lieu thereof a new subsection (f) to read as follows:

"(f) The manager and one poll worker At least two poll workers shall then deliver the envelope to the tabulating center for the county or municipality or to such other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location and retained as provided by law."

SECTION 43.

Said chapter is further amended by striking subsections (c) and (d) of Code Section 21-2-384, relating to preparation and delivery of absentee ballot supplies, and inserting in lieu thereof new subsections (c) and (d) to read as follows:

"(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:

I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is __________ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. 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.

____________________ ________________________
Electoŕs Residence Electoŕs Place of Birth
Address

____________________
Month and Day of
Electoŕs Birth

________________________
Signature or Mark of Elector
Oath of Person Assisting Elector (if any):

I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such electoŕs absentee ballot as such elector personally communicated such electoŕs preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409.

This, the ______ day of _________ _________.

________________________
Signature of Person Assisting
Elector -- Relationship
Reason for assistance (Check appropriate square):

( ) Elector is unable to read the English language.

( ) Elector has following physical disability _________________________.

The forms upon which such oaths are printed shall contain the following information:

Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election.

Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor.

(2) In the case of absent uniformed services or overseas voters, if the Presidential 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 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.

(d) Each board of registrars or absentee ballot clerk shall maintain for public inspection a master list, arranged by precincts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Absentee electors whose names appear on the master list may be challenged by any elector prior to 12:00 Noon 5:00 P.M. on the day of before the primary or election."

SECTION 44.

Said chapter is further amended by striking subsection (e) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new subsection (e) to read as follows:

"(e) If an absentee electoŕs right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the electoŕs name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. In the case of absentee votes cast on direct recording electronic voting systems, the 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 and the challenged ballots shall be counted or rejected in accordance with Code Section 21-2-230. Where direct recording electronic voting systems are used for absentee balloting and a challenge to an electoŕs right to vote is made prior to the time that the elector votes, the elector shall vote on a paper or optical scanning ballot and such ballot shall be handled as provided in this subsection. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge."

SECTION 45.

Said chapter is further amended by striking Code Section 21-2-387, relating to procedure as to ballots of deceased electors, and inserting in lieu thereof a new Code Section 21-2-387 to read as follows:

"21-2-387.

Whenever it shall be made to appear by due proof to the managers that an absentee elector, other than an absentee elector who voted in person on a DRE unit, who has marked and forwarded or delivered his or her ballot as provided in this article has died prior to the opening of the polls on the day of the primary or election, the ballot of such deceased elector shall be returned by the managers in the same manner as provided for rejected ballots."

SECTION 46.

Said chapter is further amended by striking 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, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) Prior to each primary and election, the superintendent shall obtain from the Secretary of State 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 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 a sufficient number of blank forms of oaths of poll officers, voteŕs 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 47.

Said chapter is further amended by striking subsections (a) and (b) of Code Section 21-2-408, relating to poll watchers, and inserting in lieu thereof new subsections (a) and (b) to read as follows:

"(a)(1) In a primary or run-off primary, each candidate entitled to have his or her name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each precinct in which he or she wishes to have an observer to the chairperson or secretary of the appropriate party executive committee at least 21 days prior to such primary or 14 days prior to such run-off primary. The appropriate party executive committee shall designate at least seven days prior to suc