hb359_LC_14_8932_a_2.html
05 LC 14 8932
House Bill 359
By: Representatives Drenner of the 86th, Benfield of the 85th, Gardner of the 57th, Morgan of the 39th, Bruce of the 64th, and others

A BILL TO BE ENTITLED
AN ACT

To provide a short title; to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to provide that the ballot or other materials at the voting booth shall allow the voter to view all sections of a proposed constitutional amendment at the time that he or she 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.
This Act shall be known and may be cited as the "Truth in Voting Act."

SECTION 2.
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," is amended in Code Section 21-2-285, relating to form and use of ballots, by striking subsection (f) and inserting in its place a new subsection to read as follows:
"(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot following the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. In addition to such language, the ballot or other materials at the voting booth shall allow the voter to view all sections of a proposed amendment at the time that he or she votes. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent."

SECTION 3.
Said chapter is further amended in Code Section 21-2-325, relating to form of ballot labels for voting machines, by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question to be voted on shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels in brief form. Unless otherwise provided by law, proposed constitutional amendments so submitted shall be in brief form as directed by the General Assembly and, in the failure to so direct, the form shall be determined by the Secretary of State. In addition to such language, the ballot label or other materials at the voting booth shall allow the voter to view all sections of a proposed amendment at the time that he or she votes. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. In the case of questions to be voted on by the electors of a municipality, the governing authority shall determine the brief form of the questions."

SECTION 4.
Said chapter is further amended in Code Section 21-2-379.5, relating to ballot information on direct recording electronic voting systems, by striking subsection (f) and inserting in its place a new subsection to read as follows:
"(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. In addition to such language, the direct recording electronic voting system or other materials at the voting booth shall allow the voter to view all sections of a proposed amendment at the time that he or she votes. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State; and any local questions so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the superintendent. Next to or below the question there shall be placed the words 'YES' and 'NO' between which the elector may choose in casting his or her vote."

SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.