O.C.G.A.

O.C.G.A. § 21-2-383 (2019)

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

✓ 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) Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars or absentee ballot clerk as provided in Code Section 21-2-384. Such ballots shall be marked “Official Absentee Ballot” and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines or direct recording electronic (DRE) units the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter. Every such ballot shall have printed with other instructions thereon the following: “I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.” The form for either ballot shall be determined and prescribed by the Secretary of State, except in municipal primaries or elections, in which the form of absentee ballots which follows the paper ballot format shall be determined and prescribed by the superintendent. (b) Notwithstanding any other provision of this Code section, in jurisdictions in which direct recording electronic (DRE) voting systems are used at the polling places on election day, such direct recording electronic (DRE) voting systems shall be used for casting absentee ballots in person at a registrar’s or absentee ballot clerk’s office or in accordance with Code Section 21-2-382, providing for additional sites. (c) Notwithstanding any other provision of this Code section to the contrary, in jurisdictions in which electronic ballot markers are used in the polling places on election day, such electronic ballot markers shall be used for casting absentee ballots in person at a registrar’s or absentee ballot clerk’s office or in accordance with Code Section 21-2382, providing for additional sites.

History

Code 1933, § 34-1403, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p. 871, § 15a; Ga. L. 1969, p. 329, § 21; Ga. L. 1997, p. 649, § 5; Ga. L. 1998, p. 295, § 1; Ga. L. 1998, p. 1231, §§ 15, 38; Ga. L.

2003, p. 517, § 37; Ga. L. 2010, p. 914, § 20/HB 540; Ga. L. 2019, p. 7, § 29/HB 316. Administrative rules and regulations. Advance voting, Official Compilation of the Rules and Regulations of the State of

ELECTIONS & PRIMARIES

Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.02. Spoiled absentee ballots, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.06.

Annotations

Law reviews. 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, §§ 340, 341.

C.J.S. 29 C.J.S., Elections, § 345 et seq.

Notes of Decisions

Cited in 2 cases, 2010–2018 · leading case: Curling v. Kemp, 334 F. Supp. 3d 1303 (N.D. Ga. 2018).

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Curling v. Kemp, 334 F. Supp. 3d 1303 (N.D. Ga. 2018). · cites it 8× “Specifically, the Coalition Plaintiffs' Third Amended Complaint seeks the following: • A court order declaring it unconstitutional to conduct public elections using any DRE model, *1313 • An injunction enjoining Defendants from enforcing O.C.G.A. § 21-2-383(b) 16 and Georgia…”

Spalding Cnty. Bd. of Elections v. McCord, 700 S.E.2d 558 (Ga. 2010). · cites it 2× “Accordingly, if, as the trial court ruled, all electors were required to have one of the six reasons specified in subsection (a) to cast an absentee ballot, even those casting an absentee ballot in person, there would have been no “change [to] the qualifications to vote by…”

— 21-2-383(b) — 1 case

Curling v. Kemp, 334 F. Supp. 3d 1303 (N.D. Ga. 2018). “Specifically, the Coalition Plaintiffs' Third Amended Complaint seeks the following: • A court order declaring it unconstitutional to conduct public elections using any DRE model, *1313 • An injunction enjoining Defendants from enforcing O.C.G.A. § 21-2-383(b) 16 and Georgia…”

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.