07 LC 28
3410
Senate
Bill 194
By:
Senators Staton of the 18th, Williams of the 19th, Wiles of the 37th, Harp of
the 29th, Carter of the 13th and others
AS
PASSED SENATE
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 elections and primaries generally, so as to provide in certain circumstances
that the county election superintendent may begin the tabulation of absentee
ballots prior to the close of the polls on the day of a primary, election, or
runoff; to provide procedures for such tabulation; to provide that absentee
ballots that are enclosed in an outer envelope but not contained in an inner
envelope shall be counted; to provide that a person may cancel his or her
absentee ballot under certain circumstances; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 21 of the Official Code of Georgia Annotated, relating to elections
and primaries generally, is amended by revising Code Section 21-2-386, relating
to safekeeping, certification, and validation of absentee ballots, as
follows:
"21-2-386.
(a)(1)(A)
The board of registrars or absentee ballot clerk shall keep safely and unopened
all official absentee ballots received from absentee electors prior to the
closing of the polls on the day of the primary or election except as otherwise
provided in this subsection.
(B)
Upon receipt of each ballot, a registrar or clerk shall write the day and hour
of the receipt of the ballot on its envelope. The registrar or clerk shall then
compare the identifying information on the oath with the information on file in
his or her office, shall compare the signature or mark on the oath with the
signature or mark on the absentee elector´s
voter
registration card and application for
absentee ballot or a facsimile of said signature or mark taken from said
card
or application, and shall, if the
information and signature appear to be valid
and other
identifying information appears to be
correct, so certify by signing or
initialing his or her name below the voter´s oath. Each elector´s
name so certified shall be listed by the registrar or clerk on the numbered list
of absentee voters prepared for his or her precinct.
(C)
If the elector has failed to sign the oath, or if the signature does not appear
to be valid, or if the elector has failed to furnish required information or
information so furnished does not conform with that on file in the
registrar´s or clerk´s office, or if the elector is otherwise found
disqualified to vote, the registrar or clerk shall write across the face of the
envelope 'Rejected,' giving the reason therefor. The board of registrars or
absentee ballot clerk shall promptly notify the elector of such rejection, a
copy of which notification shall be retained in the files of the board of
registrars or absentee ballot clerk for at least one year.
(D)
An elector who registered to vote by mail, but did not comply with subsection
(c) of Code Section 21-2-220, and who votes for the first time in this state by
absentee ballot shall include with his or her application for an absentee ballot
or in the outer oath envelope of his or her absentee ballot either one of the
forms of identification listed in subsection (a) of Code Section 21-2-417 or a
copy of a current utility bill, bank statement, government check, paycheck, or
other government document that shows the name and address of such elector. If
such elector does not provide any of the forms of identification listed in this
subparagraph with his or her application for an absentee ballot or with the
absentee ballot, such absentee ballot shall be deemed to be a provisional ballot
and such ballot shall only be counted if the registrars are able to verify
current and valid identification of the elector as provided in this subparagraph
within the time period for verifying provisional ballots pursuant to Code
Section 21-2-419.
(E)
Three copies of the numbered list of voters shall also be prepared for such
rejected absentee electors, giving the name of the elector and the reason for
the rejection in each case. Three copies of the numbered list of certified
absentee voters and three copies of the numbered list of rejected absentee
voters for each precinct shall be turned over to the poll manager in charge of
counting the absentee ballots and shall be distributed as required by law for
numbered lists of voters.
(F)
All absentee ballots returned to the board or absentee ballot clerk after the
closing of the polls on the day of the primary or election shall be safely kept
unopened by the board or absentee ballot clerk and then transferred to the
appropriate clerk for storage for the period of time required for the
preservation of ballots used at the primary or election and shall then, without
being opened, be destroyed in like manner as the used ballots of the primary or
election. The board of registrars or absentee ballot clerk shall promptly
notify the elector by first-class mail that the elector´s ballot was
returned too late to be counted and that the elector will not receive credit for
voting in the primary or election. All such late absentee ballots shall be
delivered to the appropriate clerk and stored as provided in Code Section
21-2-390.
(G)
Notwithstanding any provision of this chapter to the contrary, until the United
States Department of Defense notifies the Secretary of State that the Department
of Defense has implemented a system of expedited absentee voting for those
electors covered by this subparagraph, absentee ballots cast in a primary,
election, or runoff by eligible absentee electors who reside outside the county
or municipality in which the
primary,
runoff
or
election,
or runoff is held and are members of the
armed forces of the United States, members of the merchant marine of the United
States, spouses or dependents of members of the armed forces or merchant marine
residing with or accompanying such members, or overseas citizens that are
postmarked by the date of such primary, election, or runoff and are received
within the three-day period following such primary, election, or runoff, if
proper in all other respects, shall be valid ballots and shall be counted and
included in the certified election results.
(2)
After 12:00
Noon and until the closing
the
opening of the polls on the day of the
primary,
or
election, or
runoff, the registrars or absentee ballot
clerks shall be authorized to open the outer envelope on which is printed the
oath of the elector in such a manner as not to destroy the oath printed thereon;
provided, however, that the registrars or absentee ballot clerk shall not be
authorized to remove the contents of such outer envelope or to open the inner
envelope marked 'Official Absentee Ballot,' except as otherwise provided in this
Code section. At least three persons who are registrars, deputy registrars, poll
workers, or absentee ballot clerks must be present before
commencing;
and three persons who are registrars, deputy registrars, or absentee ballots
clerks shall be present at all times while the outer envelopes are being opened.
After opening the outer envelopes, the ballots shall be safely and securely
stored until the time for tabulating such
ballots.
(3)
A
county
If
the election superintendent
desires to
open the inner envelopes containing the absentee ballots after 3:00 P.M., but
before 7:00 P.M.,
may, in his or
her discretion, after 7:00 A.M. on the day
of the
primary,
election,
the
election superintendent shall petition in writing the chief judge of the
superior court of the county or, if such judge is a candidate in such election,
such petition shall be submitted to the administrative judge of the judicial
administrative district in which such county is located who shall assign such
petition to a judge of the district who is not a candidate in such election at
least seven days prior to the election for permission
to
or
runoff open the inner envelopes in
accordance with the procedures prescribed in this
subsection.
Such petition shall contain the names of persons designated to act as monitors
of the process of opening the inner envelopes by the election superintendent or
his or her designee. The
and begin
tabulating the absentee ballots. If the county election superintendent chooses
to open the inner envelopes and begin tabulating such ballots prior to the close
of the polls on the day of the primary, election, or runoff, the superintendent
shall notify in writing, at least seven days prior to the primary, election, or
runoff, the county executive committee or,
if there is no organized county executive committee, the state executive
committee of each political party and political body having candidates whose
names appear on the ballot for such election in such county
and each
independent and nonpartisan candidate whose name appears on the ballot for such
primary, election, or runoff in such county of the superintendent´s intent
to begin the absentee ballot tabulation prior to the close of the polls and
their right to appoint monitors to observe the tabulation. Such
committee shall have the right to
designate two persons and each independent and nonpartisan candidate whose name
appears on the ballot for such election in such county shall have the right to
designate one person to act as
monitors.
Such executive committees and candidates shall be given notice by the election
superintendent of the superintendent´s intent to request permission to open
the inner envelopes early and their right to designate monitors. The executive
committees and candidates shall be given at least seven days after the notice by
the election superintendent to designate monitors for inclusion in the
petition
for such
process. In the event that the only issue to be voted upon in an election is a
referendum question, the chief judge of the superior court of the county shall
appoint two electors of the county to monitor such
process.
(4)
The county
election superintendent shall publish a written notice in the
superintendent´s office of the superintendent´s intent to begin the
absentee ballot tabulation prior to the close of the polls and publish such
notice at least one week prior to the primary, election, or runoff in the legal
organ of the county.
The chief
judge, after considering the petition, shall authorize the opening of the inner
envelope of the absentee ballots provided that the names of the persons to serve
as monitors on behalf of the political parties, political bodies, independent
candidates, and nonpartisan candidates are submitted in the petition by the
election superintendent. The judge shall:
(A)
Designate the location where the inner envelopes shall be opened within the
county;
(B)
Designate additional monitors for the process to be present during the opening
of the inner envelopes, if the judge deems such persons necessary;
(C)
Administer an oath to each person who shall serve as a monitor and to each
election official who shall participate in any manner in the process of opening
the inner envelopes to which such persons shall swear or affirm that no inner
envelopes shall be opened unless all monitors are present in the location
designated by the judge, unless such monitor shall specifically give his or her
permission for such process to continue in his or her absence; that no attempt
shall be made to ascertain how any ballot was voted or to view the contents of
any ballot; that no monitor shall handle, touch, or possess any ballot; and that
no discussion of the procedure or of anything viewed during the opening of the
envelopes will be held with any person who is not a part of the opening process
before 7:00 P.M. on the day of the election;
(D)
Designate no less than two persons to take possession of and keep secure all
such opened envelopes and ballots at all times prior to such envelopes and
ballots being released to the manager of the absentee ballot precinct for
counting; and
(E)
Provide such additional conditions and requirements as he or she deems necessary
to preserve the integrity and confidentiality of such process, including
instructions to monitors and election officials for the reporting of any
unauthorized activity.
Intentional
and willful violation of such oath shall be a felony punishable pursuant to Code
Section 21-2-600.
(5)
The process for opening the inner envelopes of
and
tabulating absentee ballots
after 12:00
Noon and before 7:00 P.M. on the day of
an
a
primary,
election, or
runoff as provided in this subsection
shall be a confidential process to maintain the secrecy of all ballots and to
protect the disclosure of any balloting information before 7:00 P.M. on election
day. No
absentee
ballots shall be
counted
tabulated
before 7:00
P.M.
A.M.
on the day of
a primary,
election, or
runoff
day.
(6)
All persons conducting the tabulation of absentee ballots during the day of a
primary, election, or runoff, including the vote review panel required by Code
Section 21-2-483, and all monitors and observers shall be sequestered until the
time for the closing of the polls. All such persons shall have no contact with
the news media; shall have no contact with other persons not involved in
monitoring, observing, or conducting the tabulation; shall not use any type of
communication device including radios, telephones, and cellular telephones;
shall not utilize computers for the purpose of electronic mail, instant
messaging, or other forms of communication; and shall not communicate any
information concerning the tabulation until the time for the closing of the
polls; provided, however, that supervisory and technical assistance personnel
shall be permitted to enter and leave the area in which the tabulation is being
conducted but shall not communicate any information concerning the tabulation to
anyone other than the county election superintendent; the staff of the
superintendent; those persons conducting, observing, or monitoring the
tabulation; and those persons whose technical assistance is needed for the
tabulation process to operate.
(7)
The absentee ballots shall be tabulated in accordance with the procedures of
this chapter for the tabulation of absentee ballots. As such ballots are
tabulated, they shall be placed into locked ballot boxes and may be transferred
to locked ballot bags, if needed, for security. The persons conducting the
tabulation of the absentee ballots shall not cause the tabulating equipment to
produce any count, partial or otherwise, of the absentee votes cast until the
time for the closing of the polls.
(b)
As soon as practicable after
12:00
Noon
7:00
A.M. on the day of the
primary,
or
election, or
runoff, in precincts other than those in
which optical scanning tabulators are used, a registrar or absentee ballot clerk
shall deliver the official absentee ballot of each certified absentee elector,
each rejected absentee ballot, applications for such ballots, and copies of the
numbered lists of certified and rejected absentee electors to the manager in
charge of the absentee ballot precinct of the county or municipality, which
shall be located in the precincts containing the county courthouse or polling
place designated by the municipal superintendent. In those precincts in which
optical scanning tabulators are used, such absentee ballots shall be taken to
the tabulation center or other place designated by the superintendent, and the
official receiving such absentee ballots shall issue his or her receipt
therefor.
In
Except as
otherwise provided in this Code section,
in no event shall the counting of the
ballots begin before the polls close.
(c)
Except as otherwise provided in this Code section, after the close of the polls
on the day of the
primary,
or
election, or
runoff, a manager shall then open the
outer envelope in such manner as not to destroy the oath printed thereon and
shall deposit the inner envelope marked 'Official Absentee Ballot' in a ballot
box reserved for absentee ballots.
In the event
that an outer envelope is found to contain an absentee ballot that is not in an
inner envelope, the ballot shall be sealed in an inner envelope, initialed and
dated by the person sealing the inner envelope, and deposited in the ballot box
and counted in the same manner as other absentee ballots, provided that such
ballot is otherwise proper. Such manager
with two assistant managers, appointed by the superintendent, with such clerks
as the manager deems necessary shall count the absentee ballots following the
procedures prescribed by this chapter for other ballots, insofar as practicable,
and prepare an election return for the county or municipality showing the
results of the absentee ballots cast in such county or
municipality.
(d)
Any other provision of law to the contrary notwithstanding, if at any primary,
general, or special election in any county any question is to be voted on
involving any political subdivision which includes less than the entire county,
all absentee ballots shall be separated by precinct for counting purposes; and
separate returns shall be certified for each precinct in which absentee ballots
were cast.
(e)
If an absentee elector´s right to vote has been challenged for cause, a
poll officer shall open the envelopes and write 'Challenged,' the elector´s
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. Where
direct recording electronic voting systems are used for absentee balloting and a
challenge to an elector´s 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.
(f)
It shall be unlawful at any time prior to the close of the polls for any person
to disclose or for any person to receive any information regarding the results
of the tabulation of absentee ballots except as expressly provided by
law."
SECTION
2.
Said
chapter is further amended by revising Code Section 21-2-388, relating to
cancellation of absentee ballots of electors who are present in the election
precinct during primaries and elections, as follows:
"21-2-388.
When
an absentee ballot which has been voted shall be returned to
and received
by the board of registrars, it shall be
deemed to have been voted then and there; and no other
absentee
ballot shall be issued to the same elector.
However,
if
If
an elector
who
has requested to vote by absentee ballot
based upon
the reason that the elector is required to be absent from the elector´s
precinct during the time of the primary or election in which the elector desires
to vote is present in the precinct of the elector´s residence during the
time the polls are open in any primary, election, or runoff for which the
elector has requested an absentee ballot or if the elector´s circumstances
change and the elector is no longer eligible to vote by absentee ballot under
Code Section 21-2-380
and has not
received such absentee ballot, has such ballot in his or her possession, or has
returned such ballot but the registrars have not received such
ballot, such elector
shall
may
have the absentee ballot canceled
and vote in
person on the day of the primary, election, or
runoff in one of the following
ways:
(1)
By
If the elector
is in possession of the ballot, by
surrendering the absentee ballot to the poll manager of the precinct in which
the elector´s name appears on the electors list and then being permitted to
vote the regular ballot. The poll manager shall mark 'Canceled' and the date
and time across the face of the absentee ballot and shall initial same. The
poll manager shall also make appropriate notations beside the name of the
elector on the electors list. All such canceled absentee ballots shall be
returned with other ballots to the superintendent;
or
(2)
If the elector
has not received the ballot or if the elector has returned the ballot but the
registrars have not received the ballot,
by
By
appearing in person before the registrars or the absentee ballot clerk and
requesting in writing that the envelope containing the elector´s absentee
ballot be marked 'Canceled.' After having satisfied themselves as to the
identity of such elector, the registrars or the absentee ballot clerk shall
grant the request and shall notify the managers of the elector´s precinct
as to such action so as to permit the elector to vote in person in that
precinct.
If the
absentee ballot is in the possession of the registrars or the absentee ballot
clerk, it shall be promptly marked 'Canceled' and the date and time written
across the face of the envelope. If the
absentee ballot is in the mail or its exact location is unknown, the registrar
or the absentee ballot clerk shall write 'Canceled' beside the elector´s
name on the master list of absentee voters and shall cancel the ballot itself as
soon as it is received. Canceled absentee ballots shall be disposed of in the
same manner as provided in subsection (a) of Code Section 21-2-386 for absentee
ballots returned too late to be cast."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.