O.C.G.A. § 21-1-3 (2019)

Annotations

Editor’s notes. Ga. L. 2011, Ex. Sess., p. 208, § 1/HB

ELECTIONS & PRIMARIES

CHAPTER 2 ELECTIONS AND PRIMARIES GENERALLY Article 1

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General Provisions Sec.

Short title; references to Chapter 3 of Title 21 or the municipal election code. Definitions. Telephone hotline for electors reporting voter intimidation or illegal election activities. Preparation, publicizing, and distributing of summary of constitutional amendments. [Repealed] Continuation in office, dismissal, or appointment of members of constitutional or statutory boards or bodies for which membership based on residency within congressional district. Qualifications of candidates for federal and state office; determination of qualifications. Qualifications of candidates for county and municipal office; determination of qualifications. Eligibility of subversive persons for nomination or election to public office. Eligibility for party nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes; illegally holding any public funds; effect of disqualification of superintendent. Date of election for offices. Election of presidential electors. Performance of duties by presidential electors. Procedure for filling presidential elector vacancies.

Compensation of presidential electors; payment of expenses of electoral college. Computation of time as to exercise of privilege or discharge of duty under chapter. Applicability of chapter. Construction of chapter. Designation of candidate’s chief deputy clerk in elections for clerk of state court of certain counties. Payment for costs of elections; no solicitation of additional funding. Article 2

Supervisory Boards and Officers PART 1 STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION Subpart 1 State Election Board

Creation; membership; terms of service; vacancies; quorum; bylaws; meetings; executive director. Duties. Institution of and intervention in court actions; procedures; appellate review. Hearings before board. Enforcement of chapter; suspension of election superintendents; support and assistance from the Secretary of State. Extraordinary relief; hearings; suspension and reinstatement of superintendents; litigation expenses. Compensation and expenses of members. Emergency rules and regu-

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lations; imminent peril requirement; procedures. Notification of proposed consent agreement, settlement, or consent order.

Subpart 2

County Board of Elections and County Board of Elections and Registration

Creation of county board of elections and county board of elections and registration.

Subpart 3 Municipal Elections Conducted by Counties

Creation of joint county-municipal board of elections and board of elections and registration. Special elections on bonded debt; publication; date; discount.

Powers and duties; prohibition against serving in fiduciary capacity. Postponement and extension of qualifying periods for elections for public office during state of emergency; limitation. Obligations of the state under the federal Help America Vote Act of 2002. Opening of election records to members of public. Preservation of primary and election records.

PART 3

uitable distribution of donations. Primary and election records to be open to public. Preservation of primary and election records. Creation of board to assume duties of superintendent in counties without a board of elections and in which judge of probate court is candidate for public office. Acting election superintendent during vacancy. Eligibility of persons holding elective public office, or office in political party, to serve on county board of elections. Eligibility of person to serve as county election superintendent. Electronic election returns. PART 4

PART 2

Powers and duties. Municipal superintendents. Payment by county or municipality of superintendent’s expenses; study and report on acceptance and eq-

Appointment of chief manager and assistant managers. Appointment of clerks. Qualifications of poll officers; service during municipal election or primary; Student Teen Election Participant (STEP) program. Oath of office for managers and clerks. Form of manager’s oath. Form of clerk’s oath. Administration of oaths by managers. Identification badges for poll officers. Compensation of poll officers. Instruction of poll officers and workers in election procedures. Training of local election officials. Certification program for county and municipal elec-

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Sec. tion superintendents or election board designee; waiver of certification; failure to comply; remedial training; regulatory authority.

PART 5 LOCAL ELECTION OFFICIALS

Local election official defined. Performance review of local election official; role of performance review board; findings as grounds for removal. Authority of State Election Board to appoint independent performance review board; operation and reporting. Promulgation of rules and regulations.

Article 3 Registration of and Committee Organization of Political Parties and Bodies

Filing of registration statements by political parties or bodies; amendments; filing fees; failure to file. Establishment of state and county executive committees; membership and officers; duties; applicability of chapter to persons seeking party office in a primary. Hearings before state committee; suspension of powers and duties of county committee; delegation of powers by state committee. Chief executive and county executive committees.

Article 4 Selection and Qualification of Candidates and Presidential Electors

Fixing and publishing of qualification fees; manner of payment; distribution of fees paid. Filing notice of candidacy, nomination petition, and affidavit; payment of qualifying fee; pauper’s affidavit and qualifying petition for exemption from qualifying fee; military service. Certification of presidential electors for independent candidate for President or Vice President of the United States; qualification. Giving notice of intent of write-in candidacy; filing of affidavit; limitations on candidacy; certification of candidates. Withdrawal, death, or disqualification of candidate for office; return of qualifying fee; nomination certificate. Designation of specific office sought where office has multiple officeholders with same title. Restriction on number of offices for which an individual may be nominated or be a candidate at any one election. Qualifying with two political parties; qualifying as independent or political body candidate and as political party candidate. Nonpartisan elections for judicial offices. Nonpartisan elections authorized; conduct. [Repealed] Mandatory drug testing for candidates. PART 2

PART 1 GENERAL PROVISIONS

ELECTIONS & PRIMARIES

Procedures for qualification of candidates generally.

Date of general primary. Conduct of political party primaries. Conduct of primaries generally; run-off primary.

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PART 4 Qualification of candidates for party nomination in a state or county primary; posting of list of all qualified candidates; filing of affidavit with political party by each qualifying candidate; performance of military service does not create vacancy. Qualification of candidates for party nomination in a municipal primary; unopposed candidates; filing of affidavit with political party; posting of list of all qualified candidates. Certification of political party candidates. Reopening of qualification for office in event of candidate’s death or withdrawal of incumbent who qualified as candidate prior to political party primary. Payment of primary expenses. Municipal nonpartisan primary; qualifying as a candidate; payment of expenses. Unopposed candidate failing to receive a single vote.

NOMINATION OF CANDIDATES OF POLITICAL BODIES FOR STATE-WIDE PUBLIC OFFICE BY CONVENTION Sec.

NOMINATION AND QUALIFICATION OF INDEPENDENT CANDIDATES, CANDIDATES OF POLITICAL BODIES, AND PRESIDENTIAL ELECTORS

Presidential Preference Primary

Nomination of candidates by petition; form of petition; signatures; limitations as to circulation and amendment of petitions; listing of such candidates on ballots; charter or ordinance authorization. Examination of petitions; basis for grant or denial of filing; review and appeal of denial. Nomination of presidential electors and candidates of political bodies by convention.

Manner of qualification. Filing of petitions generally. Contents of petitions; signatures. Form of petitions; affidavits of circulators. Restriction on amendment or supplementation. Filing deadline. Examination of petitions; judicial review. Holding of conventions; filing notice of candidacy. Article 5

PART 3

Short title. Parties entitled to hold primaries; dates; decision to elect delegates to presidential nominating convention in primary; qualifying periods for candidates for delegate. Proclamation by Governor; copies of proclamation transmitted to superintendents. List of names of candidates to appear on ballot; publication of list. [Reserved] Procedure for withdrawal of candidates. Procedures by which delegates and alternates to national nominating conventions selected. Qualification oath of delegates and alternates to national convention. Effect of withdrawal of presidential candidate. Assessment of qualifying fee for candidates listed on presidential preference primary ballot. Election of political party

ELECTIONS & PRIMARIES Sec.

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committee members or officers at primary. Applicability of general primary provisions; form of ballot.

Article 6

Registration of Voters

Secretary of State deemed the chief state election official. List of registered electors; provision of equipment to access and utilize list. County registrars; appointment; certification; term of service; vacancies; compensation and expenses of chief registrar, registrars, and other officers and employees; budget estimates. County deputy registrars; clerical help; appointment of county officer or employee as chief deputy registrar. Monthly contingent expense allowance for the operation of the office of the board of registrars. Qualifications of registrars and deputy registrars; prohibited political activities; oath of office; privilege from arrest; duties conducted in public. Main office of board of registrars; location; business hours; additional registration places; educators to serve as deputy registrars; training; registration cards and papers. Qualifications of electors generally; reregistration of electors purged from list; eligibility of nonresidents who vote in presidential elections; retention of qualification for standing as elector; evidence of citizenship; check of convicted felons and deceased persons databases.

Rules for determining residence. Cancellation of registration in former state or county; address changes and corrections. Registration cards; form; registration by members of armed forces or merchant marine and permanent overseas citizen; Secretary of State to provide information regarding registration and absentee ballot procedures; reports regarding absentee ballots. Application for registration; identification requirement; rejection for failure to provide required information or for submission of false information; aid to disabled or illiterate. Required documentation for voter registration. Driver’s license or identification card application as application for voter registration. Voter registration incorporated into resident hunting, fishing, or trapping license; design of forms; record keeping; opting out by businesses selling alcohol for onpremises consumption. Voter registration application for electronic voter registration. Designated voter registration agencies and offices; definitions; duties of agencies and offices. Mail voter registration application forms. Registration deadlines; restrictions on voting in primaries; official list of electors; voting procedure when portion of county changed from one county to another. Restrictions on public inspection of applications for voter registration and data

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on electors; membership of Secretary of State in nongovernmental entity for purpose of improving voter registration systems. Confidentiality of address of registered electors; term of request; procedure. Duties of county board in determining eligibility of voters; maps of municipal boundaries; notice of ineligibility; issuance of registration cards; reimbursement for postage cost. Duty of registrars to furnish list of electors for elections held in governmental subdivisions. Examination of electors’ qualifications; subpoenas; notice and hearing; right of appeal. Challenge of applicant for registration by other electors; notice and hearing; right of appeal; sanctions for board’s noncompliance. Challenge of persons on list of electors by other electors; procedure; hearing; right of appeal. Identification of convicted felons, noncitizens, persons declared mentally incompetent, and deceased persons and process for removal of such persons from list of electors; inactive voter list. Removal of elector’s name from list of electors. Comparison of change of address information supplied by United States Postal Service with electors list; removal from list of electors; notice to electors. Electors who have failed to vote and with whom there has been no contact in five years; confirmation notice requirements and procedure; time for completion of list maintenance activities.

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Inactive list of electors. Periods of retention of registration cards, applications, and records of list maintenance activities; rules and regulations regarding safekeeping and maintenance of electronic records. Article 7

Precincts and Polling Places

Designation of precincts. Change in boundaries of precinct; creation of new precincts. Boundary requirements for precincts. Investigation as to division, redivision, alteration, formation, or consolidation of precincts; petition of electors or board of registrars. Reduction in size of, or provision of additional voting equipment or poll workers to, precincts containing more than 2,000 electors when voting in such precincts at previous general election not completed one hour after closing of polls. Reimbursement of counties and municipalities for costs incurred pursuant to alteration of precinct boundaries. Selection of polling places; change; notice; objection; facilities for disabled voters; selection of polling places outside precinct; restriction on changes close to election date. Polling places and advance voting locations - Use of public buildings; use of portable or movable facilities; unrestricted access to residential communities. Polling places - Equipment; arrangement; storage. Compensation for rent, heat, light, and janitorial services.

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Construction of rooms for use as temporary polling places. County-wide polling place in certain run-off primaries. Article 8

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Voting by Ballot

ELECTIONS & PRIMARIES

Requirement as to conduct of primaries and elections by ballot; requirement as to use of official ballots only. Voting by paper ballot when use of voting equipment impossible or impracticable. [Reserved] Voting by paper ballot when use of vote recorders impossible or impracticable. Printing and safekeeping of ballots and labels by superintendent. Form of official primary ballot; attestation regarding receiving value in exchange for vote. Nonpartisan municipal primary ballot form. Form of official election ballot; attestation on receipt of benefit in exchange for vote; when an election is not required. Nonpartisan elections ballot form; run-off election; declaration of prevailing candidate as duly elected. Printing specifications, numbering, and binding of ballots. Form of absentee ballot. Procedure as to printing of ballots when candidates for same nomination or office have same or similar names. Printing on ballots of names of substitute candidates. Superintendent to provide number of ballots equal to number of registered electors in precinct. Procedure as to unopposed candidates.

Duty of superintendent to have forms of ballots on file for public inspection prior to election. Correction of mistakes and omissions on ballot. Responsibility of superintendent for recording number of ballots furnished and number of stubs, unused ballots, and canceled ballots returned. Article 8A

State-wide Voting Equipment

Provision of new voting equipment by state; uniform system for all elections to be conducted with the use of scanning ballots marked by electronic ballot markers; pilot programs; county responsibilities; education; county and municipal contracts for equipment. [Repealed] Pilot program; testing and evaluation of electronic voting systems; creation of Twenty-first Century Voting Commission. Article 9

Voting Machines and Vote Recorders Generally PART 1 GENERAL PROVISIONS

Definitions. PART 2 VOTING MACHINES

Power of municipal governing authority to authorize use of and to procure voting machines. Referendum on question of use of voting machines. General requirements as to voting machines. Installation of voting machines; discontinuance of

PART 4

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use of paper ballots; minimum number; different types; requirements as to working order and capacity. Examination and approval of voting machines by Secretary of State; appointment and compensation of examiners; revocation of approval; written verification and certification prior to election or primary; penalties; conflicts of interest. Form of ballot labels generally. Candidates with same or similar names. Unofficial ballot labels. Preparation of voting machines; custodians and their deputies; inspection; furnishing of supplies. Delivery, set up, and sealing of properly furnished voting machines prior to primary or election; protection of voting machines against molestation or injury. Delivery of voting machine keys to chief manager. Public exhibition of and instruction on sample voting machine. Designation and compensation of custodians of voting machines and keys; storage of voting machines when not in use. Use of portable polling facilities. Responsibility of municipal governing authority to provide for payment for voting machines; issuance of bonds or other indebtedness to meet costs. Voting by paper ballot when use of voting machine impossible or impracticable.

OPTICAL SCANNING VOTING SYSTEMS Sec.

PART 5 ELECTRONIC RECORDING VOTING SYSTEMS

PART 3 VOTE RECORDERS AND TABULATING MACHINES

Requirements for use of optical scanning voting systems. Authorization for utilization of optical scanning systems. Installation of systems; number of systems; good working order. Review of manufacturer’s systems by Secretary of State; appointment and compensation of examiners; revocation of approval; written verification and certification prior to election or primary; penalties; conflicts of interest. Printing of ballots; arrangement. Candidates with similar names. [Reserved] Separate optical scanners for primary elections. Unofficial ballots; out-of-order systems. Ballot description. Write-in votes; secrecy. Proper programming; proper order; testing; supplies. Delivery of equipment to polling places; protection for equipment; required accessories. Demonstration of equipment. Custody and storage when not in use. Payment for systems. Arrangements for appropriate ballots when use of optical scanning voting systems impracticable.

21-2-350 through 21-2-364. [Repealed].

Requirements for use of direct recording electronic voting systems.

ELECTIONS & PRIMARIES Article 10

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Review of manufacturer’s recording electronic voting system by Secretary of State; appointment and compensation of examiners; revocation of approval; penalties; conflicts of interest.