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2018 Georgia Code 21-2-433 | Car Wreck Lawyer

TITLE 21 ELECTIONS

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

ARTICLE 11 PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS

21-2-433. Admission of electors to enclosed space; detachment of ballots from stubs and distribution of ballots to electors; return of canceled ballots to superintendent.

  1. No elector shall enter the enclosed space behind the guardrail provided for in subsection (a) of Code Section 21-2-267 until he or she is found entitled to vote.
  2. As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballots in precincts in which ballots are used shall detach a ballot from the stub and give it to the elector, first folding it so that the words and figures printed on the face shall not be visible, and no ballots shall be deposited in the ballot box unless folded in the same manner. If an elector's right to vote has been challenged for cause under Code Section 21-2-230, the elector shall be entitled to vote a challenged ballot. Not more than one ballot shall be detached from its stub in any book of ballots at any one time. Not more than one ballot shall be given to an elector; but, if an elector inadvertently spoils a ballot, such elector may obtain another upon returning the spoiled one. The ballots thus returned shall be immediately canceled and at the close of the polls shall be enclosed in an envelope, which shall be sealed and returned to the superintendent.

(Ga. L. 1922, p. 97, § 4; Code 1933, § 34-1905; Ga. L. 1943, p. 290, § 1; Code 1933, § 34-1313, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, § 34-1318, as redesignated by Ga. L. 1969, p. 308, § 12; Ga. L. 1983, p. 140, § 1; Ga. L. 1994, p. 1443, § 7; Ga. L. 1998, p. 295, § 1; Ga. L. 2012, p. 995, § 32/SB 92.)

The 2012 amendment, effective July 1, 2012, substituted "elector shall be entitled to vote a challenged ballot" for "poll officer shall write the word 'Challenged' and the alleged cause of challenge on the back of the ballot" in the second sentence of subsection (b).

Editor's notes.

- Ga. L. 1994, p. 1443, § 28, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval [April 15, 1994] for the purpose of authorizing the Secretary of State to design and distribute such forms and materials and to develop, procure, and install such computer hardware and software as are required under the provisions of this Act and to exercise such administrative authority as such officer deems necessary and proper for the implementation of this Act. For all other purposes, this Act shall become effective January 1, 1995."

Administrative Rules and Regulations.

- Spoiled ballot definition, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, Sec. 183-1-14-.07.

JUDICIAL DECISIONS

Cited in Rary v. Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 282 et seq., 308, 326.

C.J.S.

- 29 C.J.S., Elections, §§ 324, 325, 329.

ALR.

- Challenges to write-in ballots and certification of write-in candidates, 75 A.L.R.6th 311.

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