07 LC 28
3248
House
Bill 859
By:
Representatives Geisinger of the
48th,
Lindsey of the
54th,
Coan of the
101st,
Powell of the
29th,
Meadows of the
5th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to primaries and elections generally, so as to provide a definition; to require
all electronic recording voting systems to produce an elector verified,
permanent paper record of the votes recorded on such systems for each elector;
to provide that electors shall have an opportunity to verify such record after
voting; to provide for reexamination and recertification of direct recording
electronic voting systems under certain circumstances; to authorize the use of
certain printers and printer interfaces; to authorize the use of alternative
means of voting under certain circumstances; to provide for certain recounts; to
provide for additional grounds for challenging an election; to provide that
such paper records be the official record of the votes in an election for use in
recounts and election challenge proceedings; to provide for a random hand count
of the permanent paper records at the precinct; to provide procedures for such
count; to provide for related matters; to provide an effective date; 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 adding a new paragraph (21.1) to Code
Section 21-2-2, relating to definitions, to read as follows:
"(21.1)
'Permanent paper record' means the paper copy record of an elector´s vote
that is printed by a direct recording electronic unit and is deposited or caused
to be deposited by the elector in a ballot box or similar container. Such
permanent paper records shall be the official records of the votes cast in a
primary, election, or runoff in the case of a discrepancy between the votes
shown on such paper records and the votes shown on the DRE units and for the
purposes of recounts and election contests under this
chapter."
SECTION
2.
Said
chapter is further amended by adding new paragraphs (6.1) and (6.2) to Code
Section 21-2-379.1, relating to requirements for use of electronic recording
voting systems, to read as follows:
"(6.1)
It shall produce an elector verified, permanent paper record with a manual audit
capacity for such system which shall be available as an official record for any
recount conducted under Code Section 21-2-495 or for any election challenge
under Article 13 of this chapter involving any primary or election in which such
system is used;
(6.2)
It shall provide the elector with an opportunity to review and verify the
permanent paper record before casting his or her vote on the system and to
change his or her ballot or correct any error in such record or
vote;".
SECTION
3.
Said
chapter is further amended by revising subsection (f) of Code Section
21-2-379.2, relating to review of manufacturer´s electronic recording
voting system by Secretary of State, as follows:
"(f)
When a direct
electronic
recording
recording
electronic voting system has been so
approved,
no
each
improvement or change
that does
not impair its accuracy, efficiency, or
capacity
to a direct
recording electronic voting system, whether related to hardware or
software, shall render necessary a
reexamination or reapproval of such system, or of its kind."
SECTION
4.
Said
chapter is further amended by revising subsection (b) of Code Section
21-2-379.10, relating to procedure for electors using DRE units, as
follows:
"(b)
After the summary screen is displayed and the elector desires to make no further
changes to his or her votes, the elector shall be notified that he or she is
about to cast the ballot.
The
Prior to the
elector casting his or her vote on the unit, the unit shall produce for the
elector´s review a permanent paper record of the elector´s votes to be
cast. The elector shall then review such permanent paper record and, if such
record is correct, the elector shall then
press the appropriate button on the unit or location on the screen to actually
cast his or her ballot
and cause such
votes to be recorded, and to allow the permanent paper record to be deposited in
a ballot box or other secure container. If the elector discovers an error or
errors in the votes shown on the permanent paper record, the elector shall
advise the poll officers who shall take such steps as necessary to allow the
elector to correct such error or errors in the elector´s votes on the DRE
unit and to produce a corrected permanent paper record. The incorrect permanent
paper record shall be voided and treated in the same manner as a spoiled
ballot. After pressing the appropriate
button on the unit or location on the screen to cast the ballot, the
elector´s
vote
ballot
shall be final and shall not be subsequently altered.
The permanent
paper records shall be secured in locked ballot boxes or similar secure
containers at all times in a manner similar to paper ballots under this chapter
and such ballot boxes or containers shall not be opened nor shall such permanent
paper records be counted until the close of the polls. In the event that the
DRE unit cannot produce a correct permanent paper record of the elector´s
votes, such unit shall be shut down and sealed and the superintendent and the
Secretary of State shall be immediately notified of such
problem."
SECTION
5.
Said
chapter is further amended by revising Code Section 21-2-379.11, relating to
procedure for tabulation of votes, as follows:
"21-2-379.11.
(a)(1)
In primaries and elections in which direct recording electronic (DRE) voting
equipment is used,
the
ballots
a random
sample of the permanent paper records created by the direct recording electronic
units shall be counted at
the
each
precinct or
tabulating center under the direction of
the
superintendent
poll
manager.
(2)
All persons who perform any duties at
the
a precinct
or tabulating center shall be deputized by
the superintendent and only persons so deputized shall touch any ballot,
container, paper, or machine utilized in the conduct of the count or be
permitted to be in the immediate area designated for officers deputized to
conduct the count.
(b)
All proceedings at the tabulating center and precincts shall be open to the view
of the public, but no person except one employed and designated for the purpose
by the superintendent or the superintendent´s authorized deputy shall touch
any ballot, any DRE unit, or the tabulating equipment.
(c)
After the polls have closed and all voting in the precinct has ceased, the poll
manager shall shut down the DRE units and extract the election results from each
unit as follows:
(1)
The manager shall obtain
the
at least
three results
tape
tapes
from each DRE unit and verify that the number of ballots cast as recorded on the
tape
tapes
matches the public count number as displayed on the DRE unit;
and
(2)
If a system
is established by the Secretary of State, the poll manager shall first transmit
the election results extracted from each DRE unit in each precinct via modem to
the central tabulating center of the county; and
(3)
The manager shall then extract the memory card from each DRE unit.
(d)
Upon completion of shutting down each DRE unit and extracting the election
results, the manager shall cause to be completed and signed a ballot recap form,
in sufficient counterparts, showing:
(1)
The number of valid ballots;
(2)
The number of spoiled and invalid ballots;
(3)
The number of provisional ballots; and
(4)
The number of unused provisional ballots and any other unused
ballots.
The
manager shall cause to be placed in the ballot supply container one copy of the
recap form and any unused, defective, spoiled, and invalid ballots, each
enclosed in an envelope.
(e)
The manager shall collect and retain the zero tape and
one
of the results
tape
tapes
for each DRE unit and place such tapes with the memory card for each unit and
enclose all such items for all of the DRE units used in the precinct in one
envelope which shall be sealed and initialed by the manager so that it cannot
be opened without breaking the seal.
(f)(1)
After collecting the tapes from the DRE units, the manager shall randomly select
one contested race from the ballot for a hand count. Such selection shall be
made by listing all of the contested races on the ballot individually on uniform
sized slips of paper, uniformly folding such slips of paper such that the name
of the race cannot be seen, placing the slips of paper into a container and
mixing the slips thoroughly, and then drawing from the container one slip of
paper. Upon drawing the slip of paper, the manager shall then announce the race
that will be hand counted. The slips of paper shall be available for
examination by any member of the public who desires to do so.
(2)
After randomly selecting the race for a hand count, the manager or a poll
officer under the direction of the manager shall unlock the ballot boxes
containing the permanent paper records and shall count the number of records in
such ballot boxes which number shall then be entered onto a recap sheet and
compared to the number of persons shown as having voted on the electors list,
the numbered list of voters, and the voters´ certificates. Any discrepancy
shall be duly noted.
(3)
After completing the count of the number of permanent paper records contained in
the ballot boxes, the manager shall then proceed to count the votes cast in the
randomly selected race as shown on the records. Such count shall be performed
in the same manner as for paper ballots as provided in Code Section 21-2-437
for the randomly selected race. Upon the conclusion of the count, the manager
or a poll officer under the direction of the manager shall record the results of
the hand count on the return sheet and shall compare the results for the race to
the results shown on the tapes from the DRE units for such race. In the event
of a discrepancy in the count between the totals for such race, the manager or a
poll officer under the direction of the manager shall post the results of the
hand count and one set of return tapes from the DRE units, noting any
discrepancies found, at the polling place for the information of the
public.
(4)
After performing the hand count of the race or races, the manager shall cause
the permanent paper records to be securely sealed in the ballot box and shall
seal the return sheets, tally sheets, one set of return tapes, and other
completed forms in an envelope for transfer to the election
superintendent.
(g)
The manager and one poll worker shall then deliver the
envelope
ballot boxes
and envelopes 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.
(g)(h)
Upon receipt of the sealed envelope containing the zero tapes, results tapes,
and memory cards, the election superintendent shall verify the signatures on the
envelope. Once verified, the superintendent shall break the seal of the
envelope and remove its contents. The superintendent shall then download the
results stored on the memory card from each DRE unit into the election
management system located at the central tabulation point of the county in order
to obtain election results for certification.
(i)
In the event of a discrepancy between the hand count totals from the precincts
and the totals from the DRE memory cards, the superintendent shall use the hand
count totals as the official results. The superintendent shall immediately make
the public aware of any such discrepancy by posting notice of such discrepancy
at his or her office for the information of the public and on the official
website of the county or municipality on which the county or municipality posts
election returns if the county or municipality has such a website. The
superintendent shall note on the official returns for the primary, election, or
runoff, as appropriate, the vote totals that are based, in whole or in part, on
hand counts as a result of a discrepancy between the hand count and the machine
totals."
SECTION
6.
Said
chapter is further amended by adding new Code Sections 21-2-379.12 and
21-2-379.13 to read as follows:
"21-2-379.12.
Until
the federal Elections Assistance Commission established pursuant to the federal
Help America Vote Act of 2002 adopts standards for printers attached or
connected to direct recording electronic voting equipment and used for the
purpose of providing elector verified, permanent paper records with a manual
audit capacity for the votes cast by each individual voter on such equipment and
until printers designed or authorized for use with the direct recording
electronic voting equipment in use in this state have been certified under such
standards, no provision of this chapter nor any rule or regulation of the
Secretary of State or the State Election Board shall prohibit the use of direct
recording electronic voting equipment that utilizes such printers for such
purpose on the basis that such printers or printer interfaces have not received
certification or that such direct recording electronic voting equipment has not
been certified for use with such printers or printer interfaces in primaries
and elections from an independent testing authority that tests and certifies
voting equipment or other certifying body or entity.
21-2-379.13.
If
20 percent or more of the direct recording electronic units at a precinct become
inoperative for whatever reason during a primary, election, or runoff, the
superintendent shall provide alternative means of voting at such precinct.
Provisional ballots may be used for such purpose, but shall be deemed to be
regular ballots for which the provisional ballot procedures shall not be
applicable unless the elector casting the ballot qualifies as a provisional
voter under Code Section 21-2-418, in which case the ballot shall continue to be
handled as a provisional ballot."
SECTION
7.
Said
chapter is further amended by adding new subsections (e) and (f) to Code Section
21-2-495, relating to procedure for recount or recanvass of votes, to read as
follows:
"(e)
Any other provision of this Code section to the contrary notwithstanding, a
candidate may petition the Secretary of State, in the case of a candidate in a
race which is voted upon by electors in more than one county, or the election
superintendent, in the case of races voted upon by electors in one county or a
portion of one county, for a hand recount of the permanent paper records in a
county when it appears that there is a discrepancy in a precinct in such county
between the hand count of a randomly selected race pursuant to subsection (f) of
Code Section 21-2-379.11 and the results for the same race as shown on the DRE
units. Upon receiving a proper petition, the Secretary of State or the election
superintendent, as appropriate, shall order a hand count to be conducted of all
of the permanent paper records for such race in such county. Such hand count
shall be held at any time prior to the certification of the consolidated returns
by the Secretary of State. The hand count shall be conducted by the appropriate
superintendent or superintendents in the manner and pursuant to the procedures
otherwise provided in this Code section for counting paper ballots. The
petition pursuant to this Code section shall be in writing and signed by the
person or persons requesting the hand count. The petition shall set forth the
discrepancies and any evidence in support of the petitioner´s request for a
hand count and shall be verified. The result of such hand count shall then
become the official result of such primary, election, or runoff. The cost of
such recounts shall not be charged to any candidate, political party or body, or
elector.
(f)
Any other provision of this Code section to the contrary notwithstanding, a
candidate or ten or more electors who cast ballots in the race in which the
candidate ran may petition the Secretary of State, in the case of a candidate in
a race that is voted upon by electors in more than one county, or the election
superintendent, in the case of a candidate in a race that is voted upon by the
electors of one county or a portion of one county, for a hand recount of the
permanent paper records in all precincts when it appears that there are similar
discrepancies in more than one precinct between the hand count of a randomly
selected race pursuant to subsection (f) of Code Section 21-2-379.11 and the
results for the same race as shown on the DRE units. Upon receiving a proper
petition, the Secretary of State or the election superintendent, as appropriate,
shall order a hand count to be conducted of all of the permanent paper records
for such race in all precincts. Such hand count shall be held at any time prior
to the certification of the consolidated returns by the Secretary of State or
the election superintendent, as appropriate. The hand count shall be conducted
by the appropriate superintendent or superintendents in the manner and pursuant
to the procedures otherwise provided in this Code section for counting paper
ballots. The petition pursuant to this Code section shall be in writing and
signed by the person or persons requesting the hand count. The petition shall
set forth the discrepancies and any evidence in support of the petitioner´s
request for a hand count and shall be verified. The result of such hand count
shall then become the official result of such primary, election, or
runoff."
SECTION
8.
Said
chapter is further amended by revising Code Section 21-2-522, relating to
grounds for contesting an election, as follows:
"21-2-522.
A
result of a primary or election may be contested on one or more of the following
grounds:
(1)
Misconduct, fraud, or irregularity by any primary or election official or
officials sufficient to change or place in doubt the result;
(2)
When the defendant is ineligible for the nomination or office in
dispute;
(3)
When illegal votes have been received or legal votes rejected at the polls
sufficient to change or place in doubt the result;
(4)
For any error in counting the votes or declaring the result of the primary or
election, if such error would change the result;
(5)
When there is an unexplained discrepancy between the results of a hand count of
a race pursuant to subsection (f) of Code Section 21-2-379.11 and the results of
such race as shown by the DRE units in a precinct in which the person filing the
contest was a candidate and such discrepancy places the results of such race in
doubt; or
(5)(6)
For any other cause which shows that another was the person legally nominated,
elected, or eligible to compete in a run-off primary or
election."
SECTION
9.
This
Act shall become effective on January 1, 2008.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.