O.C.G.A.

O.C.G.A. § 21-2-300 (2019)

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

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a)(1) The equipment used for casting and counting votes in county, state, and federal elections shall be the same in each county in this state and shall be provided to each county by the state, as determined by the Secretary of State. (2) As soon as possible, once such equipment is certified by the Secretary of State as safe and practicable for use, all federal, state, and county general primaries and general elections as well as special primaries and special elections in the State of Georgia shall be conducted with the use of scanning ballots marked by electronic ballot markers and tabulated by using ballot scanners for voting at the polls and for absentee ballots cast in person, unless otherwise authorized by law; provided, however, that such electronic ballot markers shall produce paper ballots which are marked with the elector’s choices in a format readable by the elector.

ELECTIONS & PRIMARIES

(3) The state shall furnish a uniform system of electronic ballot markers and ballot scanners for use in each county as soon as possible. Such equipment shall be certified by the United States Election Assistance Commission prior to purchase, lease, or acquisition. At its own expense, the governing authority of a county may purchase, lease, or otherwise acquire additional electronic ballot markers and ballot scanners of the type furnished by the state, if the governing authority so desires. Additionally, at its own expense, the governing authority of a municipality may choose to acquire its own electronic ballot markers and ballot scanners by purchase, lease, or other procurement process. (4) Notwithstanding any provision of law to the contrary, the Secretary of State is authorized to conduct pilot programs to test and evaluate the use of electronic ballot markers and ballot scanners in primaries and elections in this state. (b) Each county shall, prior to being provided with voting equipment by the state, provide polling places that are adequate for the operation of such equipment including, if necessary, the placement within the polling places of a sufficient number of electrical outlets and telephone lines. (c) Each county shall, prior to being provided with voting equipment by the state, provide or contract for adequate technical support for the installation, set up, and operation of such voting equipment for each primary, election, and special primary and special election as the Secretary of State shall determine by rule or regulation. (d) The Secretary of State shall be responsible for the development, implementation, and provision of a continuing program to educate voters, election officials, and poll workers in the proper use of such voting equipment. Each county shall bear the costs, including transportation, subsistence, and lodging, incurred by its election and registration officials in attending courses taught by or arranged by the Secretary of State for instruction in the use of the voting equipment. (e)(1) Counties shall be authorized to contract with municipal governments for the use of such voting equipment in municipal elections under terms and conditions specified by the Secretary of State to assure that the equipment is properly used and kept secure. (2) Notwithstanding the provisions of Code Section 21-2-45, counties may not levy a fee for use of state owned voting equipment but may require municipalities to reimburse the county for the actual expenses related to the election or elections that are subject to the county and municipal contract.

History

Code 1981, § 21-2-300, enacted by Ga. L. 2001, p. 269, § 19; Ga. L. 2003, p. 517, § 28; Ga. L. 2019, p. 7, § 18/HB 316.

Annotations

Law reviews. For note on the 2001 enactment of this

Code section, see 18 Ga. St. U. L. Rev. 96 (2001). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 81 (2019).

RESEARCH REFERENCES Am. Jur. 2d. 26 Am. Jur. 2d, Elections, § 307.

C.J.S. 29 C.J.S., Elections, §§ 337, 338, 527 et seq.

Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2022–2025 · leading case: Lovell v. Raffensperger, 897 S.E.2d 440 (Ga. 2024).
Lovell v. Raffensperger, 897 S.E.2d 440 (Ga. 2024). · cites it 4× “S23A0887 OCGA § 21-2-300; constitutional question.”
Dekalb Cnty. Repub. Party, Inc. v. Brad Raffensperger, in His Off. Capacity as the Sec'y of State of the State of Georgia (Ga. Ct. App. 2025). · cites it 26× “In its application, the County Party sought to compel the Secretary to comply with what it contends is the Secretary’s ongoing duty under OCGA § 21-2-300 (a) to ensure that Georgia’s uniform electronic voting system complies with certification standards of the United States…”
Voterga v. State of Georgia (Ga. Ct. App. 2023). · cites it 2× “OCGA § 21-2-300 (a) (2), however, simply states: As soon as possible, once such equipment is certified by the Secretary of State as safe and practicable for use, all federal, state, and county general primaries and general elections as well as special primaries and special…”
Dekalb Cnty. Repub. Party, Inc v. Brad Raffensperger (Ga. Ct. App. 2024). · cites it 2× “BRAD RAFFENSPERGER Appellant’s filed a petition for a writ of mandamus, asking the trial court to compel respondent to comply with OCGA § 21-2-300 (a) (concerning the use and certification of election equipment).”
Donna Curling v. David J. Worley (11th Cir. 2022). “” O.C.G.A. § 21-2-300(a)(2). The paper ballots are then “tabulated by using ballot scanners.”
— 21-2-300(a)(2) — 1 case
Donna Curling v. David J. Worley (11th Cir. 2022). “” O.C.G.A. § 21-2-300(a)(2). The paper ballots are then “tabulated by using ballot scanners.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.