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2018 Georgia Code 21-2-379 | Car Wreck Lawyer

TITLE 21 ELECTIONS

Section 2. Elections and Primaries Generally, 21-2-1 through 21-2-604.

ARTICLE 9 VOTING MACHINES AND VOTE RECORDERS GENERALLY

21-2-379. Arrangements for appropriate ballots when use of optical scanning voting systems impracticable.

If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of optical scanning voting systems is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of optical scanning voting systems for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of optical scanning voting systems wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by any other lawful method authorized in this chapter. In such cases, appropriate ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and return thereof made in the manner required by law for such method.

(Code 1981, §21-2-379, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, § 1.)

PART 5 E LECTRONIC RECORDING VOTING SYSTEMS

Editor's notes.

- Ga. L. 1998, p. 1231, § 14, effective April 20, 1998, enacted this part. This part was then reenacted by Ga. L. 1998, p. 1231, § 37, effective January 1, 1999.

Cases Citing O.C.G.A. § 21-2-379

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Favorito v. Handel, 684 S.E.2d 257 (Ga. 2009).

Cited 20 times | Published | Supreme Court of Georgia | Sep 28, 2009 | 285 Ga. 795, 2009 Fulton County D. Rep. 3047

...Appellants assert that current implementation of the DRE voting system fails to assure that each vote is accurately counted and, thus, fails to comply with the statutory requirement that "[i]t shall, when properly operated, record correctly and accurately every vote cast." OCGA § 21-2-379.1(8)....
...However, the undisputed evidence shows that the touch-screen machines accurately record each vote when they are "properly operated." Contrary to Appellants' further contention, uncontroverted evidence shows that the Secretary of State has properly certified the DRE voting system pursuant to OCGA § 21-2-379.2....
...Shelby County Election Comm., supra at 39-40. 5. The trial court correctly dismissed as moot those counts of the complaint which challenged the "2006 Georgia Accuracy in Elections Act," as it was repealed on February 1, 2007 pursuant to Ga. L. 2006, pp. 557, 560, § 2 (former OCGA § 21-2-379.12(g))....