O.C.G.A. § 21-2-379.26 (2019)
Storage of equipment
“Absentee elector” defined; when reason for absentee ballot not required. Appointment of absentee ballot clerk. Making of application for absentee ballot; determination of eligibility by ballot clerk; furnishing of applications to colleges and universities; persons entitled to make application. Procedures for voting with special write-in absentee ballots by qualified absentee electors. State write-in absentee ballot for certain electors. Additional buildings as additional registrar’s office or place of registration for receiving absentee ballots and for advance voting; drop boxes. Preparation and delivery of ballots; form of ballots; casting ballot in person using DRE unit; casting ballot in person or as absentee using electronic ballot markers. Preparation and delivery of supplies; mailing of ballots; oath of absentee electors and persons assisting absentee electors; master list of ballots sent; challenges; special absentee run-off ballots; electronic transmission of ballots. Procedure for voting by absentee ballot; advance voting. Preferential treatment for older and disabled voters. Safekeeping, certification, and validation of absentee ballots; rejection of ballot; delivery of ballots to location designated by superintendent; duties of superintendent and managers;
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Sec. precinct returns; report of returns of verified and accepted absentee ballots cast as soon as possible following closing of polls; notification of challenged elector; unlawful disclosure of tabulation results. Pilot program for electronic handling of absentee ballots; requirements; reporting; termination. Cancellation of absentee ballots of electors who are present in election precinct during primaries and elections. Payment of postage for mailing absentee ballots. Delivery of election materials to clerk of superior court or city clerk; accounting for ballots; inspection and audit of information contained in absentee ballot applications or envelopes.
Article 11 Preparation for and Conduct of Primaries and Elections
PART 1 Duty of superintendent to obtain cards of instruction, blank forms of oaths, and other forms and supplies; preparation and distribution of sample or facsimile ballot labels. Delivery of forms and supplies to precincts; distribution of copy of certified electors list; contents of list; authentication; return receipts; master list of county or municipal electors; items to be provided at polling place. Voter’s certificates; preparation, forms, and procedures. Time for opening and clos- ing of polls; extended poll hours. Affording employees time off to vote. Poll officers; arrival at precinct; failure to appear; custodians of voting materials. Public performance of duties by officials. Duty of registrars to review qualifications of electors who may have been erroneously omitted from list of electors; authority to place such electors on the list. Poll watchers; designation; duties; removal for interference with election; reports of infractions or irregularities; ineligibility of candidates to serve; training. Assisting electors who cannot read English or who have disabilities. Voting by electors who are 75 years of age or older or disabled electors without having to wait in line. Poll officers authorized to give instructions to electors upon request. Return of checked list of electors and voter’s certificates to superintendent; disposition of list and certificates by registrars. Duties of superior courts on days of primaries and elections. Conduct of voters, campaigners, and others at polling places generally. Restrictions on campaign activities, giving of food or water, and public opinion polling within the vicinity of a polling place; cellular phone use prohibited; prohibition of candidates from entering certain polling places. [Reserved] Requirements as to identification of campaign literature; unauthorized use
ELECTIONS & PRIMARIES Sec.
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of another’s name in connection with campaign material; penalty. [Reserved] Methods of casting ballots in elections utilizing paper ballots or vote recorders. Presentation of proper identification to poll workers; swearing of statement when unable to produce; use of provisional ballots; penalty for false swearing. Voter identification card. Provisional ballots. Validation of provisional ballots; reporting to Secretary of State. Procedure for counting and tabulation of ballots. Posting of required information after closing of polls; reporting to Secretary of State.
PART 3 PRECINCTS USING VOTING MACHINES
PART 2 PRECINCTS USING PAPER BALLOTS Opening of ballot boxes; destruction of irrelevant materials; locking of ballot box; public breaking of seals; instruction cards and notices of penalties. Execution of voter’s certificate; procedure upon qualification of elector; elector unable to sign name; voting outside precinct of residence; registration as prerequisite to voting. Voter’s certificate binder as official list of electors; preservation and disposition of refused applications. Admission of electors to enclosed space; detachment of ballots from stubs and distribution of ballots to electors; return of canceled ballots to superintendent. Restrictions as to removal of ballots from book or polling place; deposit of official bal- lots in box; disposition of unofficial ballots. Procedure as to marking and depositing of ballots. Duties of poll officers after the close of the polls. Procedure as to count and return of votes generally; void ballots. Ballots identifying voter, not marked, or improperly marked declared void. Decisions concerning questionable marks or defaced or mutilated ballots. Duty of poll officers to sign general returns; posting of copy of returns; delivery of copy of materials to superintendent.
Opening of polls; procedure when ballot labels misplaced; certification by managers; machines to be locked until polls open; officers to be near machines; inspection of machines; broken machines. Execution of voter’s certificate; procedure upon qualification of elector; elector unable to sign name; voting outside of precinct of residence; registration prerequisite to voting. Admission of electors to enclosed space; voting procedure generally; procedure as to write-in votes; voting by electors whose right to vote is challenged; disabled voters. Voter’s certificate binder as constituting official list; separate preservation and return of refused applications. Duties of poll officers after the close of the polls. Canvass and return of votes.
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Form of general return sheet, duplicate return sheets, and statement; posting of vote results; delivery of documents to superintendent; seal and return of electors list upon completion of vote count and tabulation. Removal, storage, and examination of voting machines after completion of vote count.
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PART 4 PRECINCTS USING VOTE RECORDERS 21-2-470 through 21-2-473. [Repealed]. PART 5 PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT Caption for ballots; party designations; form and arrangement. Design, size, and stock of ballots. Absentee ballots for precincts using optical scanning voting equipment. Counting of ballots; public accessibility to tabulating center and precincts; execution of ballot recap forms; procedure for torn, bent, or otherwise defective ballots; preparation of duplicate ballots. Requirements for ballot recap form; delivery. Responsibilities of poll officers. Votes for write-in candidates.
Article 12 Returns Hours of operation of office of superintendent and chairperson of county board of registrars on primary and election days; applicability to counties having population of 550,000 or more.
Public inspection of unsealed returns at office of superintendent; opening of sealed envelopes upon order of superintendent or court. Computation and canvassing of returns; notice of place where returns will be computed and canvassed; blank forms for making statements of returns; swearing of assistants. Computation, canvassing, and tabulation of returns; investigation of discrepancies in vote counts; recount procedure; pilot program for posting of digital images of scanned paper ballots; certification of returns; change in returns. Computation and certification of write-in votes. Procedure for recount or recanvass of votes; losing candidate’s right to a recount; rules and regulations. Preparation and filing by superintendent of four copies of consolidated return of primary; electronic filing; superintendent to furnish final copy of each ballot used for primary. Preparation and filing by superintendent of four copies of consolidated return of elections; superintendent to furnish final copy of each ballot used for election. Precertification tabulation audits. Duty of Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers; certification of presidential electors by Governor. Delivery of voting materials; presentation to grand jury in certain cases; preservation and destruction; destruction of unused ballots.
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Sec. Number of votes required for election; runoff. [Repealed] Timing whenever a municipal general primary is held in conjunction with the general primary in even-numbered years. Issuance of certificates of election and commission; Governor’s proclamation as to constitutional amendments. Issuance of commission to person whose election is contested; procedure upon finding that person to whom commission was issued was not legally elected; swearing into office of person whose election is contested. Special primary or election upon failure to nominate or elect or upon death, withdrawal, or failure of officerelect to qualify.
Special Elections and Primaries Generally; Municipal Terms of Office Contested Elections and Primaries Definitions. Primaries and elections which are subject to contest; persons who may bring contest. Grounds for contest. Rebuttable presumption of legal vote in contested election. Jurisdiction and pretrial procedures; notification; selection and compensation of judge. Filing of petition to contest primary or election; procedures for service, notice, answer, and amendment. Hearing; powers of court generally. Trial by jury. Pronouncement of judgment; effect of finding of misconduct by poll officers; calling of second primary, election, or runoff by court upon finding of defects. Right of parties to object to settlement; court approval. Appeals from court’s determination on contest petition. Liability for costs; methods of collecting. Article 14 Article 13
ELECTIONS & PRIMARIES Conduct of special primaries and special elections generally. Holding of special primary or special election at time of general primary or general election. Terms for all municipal offices elected at general municipal elections. Providing by local law for terms of office. Special primary and special election for United States senator vacancy; temporary appointment by Governor. Special election for United States congressional representative vacancy. Procedures for filling vacancies in federal House of Representatives. Special election for General Assembly vacancy. Procedure as to unopposed candidates. Filling chief judge vacancies in civil and magistrate courts. Article 15 Miscellaneous Offenses Making of false statements generally. False registration. Fraudulent entries; unlawful alteration or destruction of entries; unlawful removal of documents; neglect or refusal to deliver documents.
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Improper signing or alteration of nomination petitions or affidavits. Willful destruction, fraudulent filing, or suppression of nomination materials. Making of false statements in connection with filing notice of candidacy or qualifying as candidate for party nomination; duties of district attorney as to violations. Interference with primaries and elections generally. Intimidation of electors. Entry into voting compartment or booth while another voting; interfering with elector; inducing elector to reveal or revealing elector’s vote; influencing voter while assisting. Intentional observation of voting. Photographic and other electronic monitoring of ballots prohibited. Interfering with poll officers. Giving or receiving, offering to give or receive, or participating in the giving or receiving of money or gifts for registering as a voter, voting, or voting for a particular candidate. Voting by unqualified elector or giving false information. Repeat voting in same primary or election. Absentee voting by unqualified elector. Unlawful possession of ballots. Counterfeit ballots or ballot labels; sample or facsimile ballots. Destroying, defacing, or delaying delivery of ballots. Improper removal of ballots from book of official ballots. Unfolding, opening, or prying into ballots.
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Fraudulently allowing ballot or voting machine to be seen; casting unofficial ballot; receiving unauthorized assistance in voting. Tampering with, damaging, improper preparation of, or prevention of proper operation of voting machines or electronic ballot markers or tabulating machines. Unauthorized making or possession of voting machine key. Tampering with, damaging, or preventing of proper operation of direct recording electronic equipment or electronic ballot marker or tabulating machine or device. Penalty for voting equipment modification. Removal or destruction of election supplies or conveniences. Refusal or failure of manager to administer oath to poll officer; poll officer acting without being sworn; giving of false certification as to swearing of poll officer. Refusal by superintendent or his or her employee to permit public inspection of documents; removal, destruction, or alteration of documents. Refusal by Secretary of State or his or her employee to permit public inspection of documents; removal, destruction, or alteration of documents. Frauds by poll officers. Premature counting of votes by poll officer. Willful omissions by poll officers. Poll officer permitting unregistered or unqualified persons to vote; refusing to permit registered and qualified persons to vote; unlawful rendering of assistance.
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ELECTIONS & PRIMARIES Sec. Poll officers permitting unlawful assistance to voters. Failure of poll officers to keep record of assisted voters. Failure of law enforcement officers to remove obstacles or to maintain order at polling places; hindrance or delay of poll officers by law enforcement officers. Offenses by printers of ballots. [Reserved] Disposition of alcoholic beverages on primary or election days. Failure of public or political officer to perform duty. Intentional interference
Annotations
Cross references. Subpoena and audit of voting records, § Referendum for ratification or rejection of annexation resolution, § 36-36-58. Elections relating to incurring of bonded debt by counties, municipalities, or other political subdivisions, § 36-82-1 et seq. Special election for filing of vacancies in office of district attorney, § 45-5-3.2. Administrative rules and regulations. Registration of electors, Official Compilation of the Rules and Regulations of the State of Georgia, State Election Board, Subject 183-1-6. Election districts and polling places, Official Compilation of the Rules and Regulations of the State of Georgia, State Election Board, Subject 183-1-7. Certification of voting systems, Official Compilation of the Rules and Regulations
with performance of election duties. Violations of chapter. Punishment for misdemeanors under chapter. Punishment for felonies under chapter. Use of list of electors for commercial purposes prohibited. Compensation for soliciting persons to register to vote prohibited. Conspiracy to commit election fraud. Criminal solicitation to commit election fraud; penalties.
of the State of Georgia, Office of Secretary of State, Elections Division, Subject 5908-1. Help America Vote Act of 2002 Provisions, Official Compilation of the Rules and Regulations of the State of Georgia, Office of Secretary of State, Elections Division, Subject 590-8-2. Law reviews. For article discussing the evolution of municipal annexation law in Georgia in light of Plantation Pipe Line Co. v. City of Bremen, 227 Ga. 1, 178 S.E.2d 868 (1970), see 5 Ga. L. Rev. 499 (1971). For article, “Election Emergencies: Voting in the Wake of Natural Disasters and Terrorist Attacks,” see 67 Emory L.J. 545 (2018). For article, “SB 202: Revisions to Georgia’s Election and Voting Procedures,” see 38 Ga. St. U.L. Rev. 105 (2021).
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34-101 et seq., former Code 1933, § 34-1514 and former Title 21, Chapter 3 are included in the annotations for this chapter. Federal Constitution protects right
of all qualified citizens to vote, in state as well as in federal elections. Duncan v. Poythress, 657 F.2d 691, 1981 U.S. App. LEXIS 17330 (5th Cir. 1981) (decided under former Code 1933, § 34-1514). Federal Constitution protects right of all qualified citizens to vote, in state as
well as in federal elections. Duncan v. Poythress, 657 F.2d 691, 1981 U.S. App. LEXIS 17330 (5th Cir. 1981) (decided under former Code 1933, § 34-1514). Election administration is federally protected, although generally a state concern. - The administration of elections is generally a matter of state concern, but United States Supreme Court decisions leave no room for doubt that voting rights are, at bottom, federally protected. Duncan v. Poythress, 657 F.2d 691, 1981 U.S. App. LEXIS 17330 (5th Cir. 1981) (decided under former Code 1933, § 34-1514). Fundamental liberties must not be obstructed by election practices. - The “liberty” protected from state impairment by the due process clause of U.S. Const., amend. 14 includes the freedoms of speech and association guaranteed by U.S. Const., amend. 1. These freedoms under U.S. Const., amend. 1 extend to political activities such as running for elective office. State election practices must therefore serve legitimate state interest narrowly and fairly to avoid obstructing and diluting these fundamental liberties. Duncan v. Poythress, 657 F.2d 691, 1981 U.S. App. LEXIS 17330 (5th Cir. 1981) (decided under former Code 1933, § 34-1514). Voting restrictions strike at heart of representative government. - The right to vote freely for the candidate of one’s choice is the essence of a democratic society, and any restrictions on that right strike at the heart of representative government. Duncan v. Poythress, 657 F.2d 691, 1981 U.S. App. LEXIS 17330 (5th Cir. 1981) (decided under former Code 1933, § 34-1514). Infringement of right to suffrage carefully scrutinized. - Undoubtedly, the right of suffrage is a fundamental matter in a free and democratic society. Especially since the right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil rights, any alleged infringement of the right of citizens to vote must be carefully and meticulously scrutinized. Duncan v. Poythress, 657 F.2d 691, 1981 U.S. App.
LEXIS 17330 (5th Cir. 1981) (decided under former Code 1933, § 34-1514). Right to have votes counted. - Qualified citizens not only have a constitutionally protected right to vote, but also the right to have their votes counted, a right which can neither be denied outright, nor destroyed by alteration of ballots, nor diluted by ballot box stuffing. Duncan v. Poythress, 657 F.2d 691, 1981 U.S. App. LEXIS 17330 (5th Cir. 1981) (decided under former Code 1933, § 341514). Other rights illusory if right to vote undermined. - No right is more precious in a free country than that of having a voice in the election of those who make the laws under which we, as good citizens, must live. Other rights, even the most basic, are illusory if the right to vote is undermined. Duncan v. Poythress, 657 F.2d 691, 1981 U.S. App. LEXIS 17330 (5th Cir. 1981) (decided under former Code 1933, § 34-1514). Illegal votes ground for contesting municipal election. - Although the Georgia Election Code is not applicable by its terms to municipal elections under former Code 1933, § 34-102 (see now O.C.G.A. § 21-2-15), in the absence of any statutory grounds for contest in former chapter 3, the ground for contest in former Code 1933, § 34-1703 (see now O.C.G.A. § 21-2-522(3)) is a good ground of contest in a municipal election. Davidson v. Bryan, 242 Ga. 282, 248 S.E.2d 657, 1978 Ga. LEXIS 1171 (1978) (decided under former Code 1933). Ga. L. 1964, Ex. Sess., p. 26 is a comprehensive law designed to regulate all elections in the state except municipal elections, and repeals any provision inconsistent with it. League of Women Voters v. Board of Elections, 237 Ga. 40, 227 S.E.2d 225, 1976 Ga. LEXIS 1139 (1976) (decided under former Code 1933, § 34-101 et seq.). Ga. L. 1964, Ex. Sess., p. 26, being a general comprehensive reorganization of election law, must control in elections legalizing alcoholic beverages. Buttrill v. Thomas, 126 Ga. App. 498, 191 S.E.2d 119, 1972 Ga. App. LEXIS 1194 (1972) (decided under former Code 1933, § 34101 et seq.).
ELECTIONS & PRIMARIES
OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions decided under former Code 1933, § 341508 are included in the annotations for this article. Ordinary (now judge of the probate
court) should conduct election for justice of the peace (now magistrate) and should certify the returns to the Secretary of State. 1967 Op. Att’y Gen. No. 67-125 (decided under former Code 1933, § 341508).
ARTICLE 1 GENERAL PROVISIONS Law reviews. For article, “SB 202: Revisions to Geor-
gia’s Election and Voting Procedures,” see 38 Ga. St. U.L. Rev. 105 (2021).
OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions decided under former Code 1933, § 34101 are included in the annotations for this article. Referendum required by special Act must be called and held at time specified in Act. See 1969 Op. Att’y Gen. No. 69-301 (decided under former Code 1933, § 34-101 et seq.).
Presentation of more than one question in special election. - More than one question may be presented to municipal voters in a special election properly called for that purpose, absent specific limitations derived from the authority under which the question is to be submitted. 1976 Op. Att’y Gen. No. U76-16 (decided under former Ga. Law 1968, p. 885 et seq.).
RESEARCH REFERENCES ALR. Power to enjoin holding of election, 70 A.L.R. 733. Constitutionality and construction of
statutes providing for proportional representation, or other system of preferential voting, in public elections, 110 A.L.R. 1521; 123 A.L.R. 252.