TITLE 21 ELECTIONS

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

ARTICLE 12 RETURNS

21-2-496. 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.

1. Each county and municipal superintendent shall prepare four copies of the consolidated return of the primary to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows:
   1. One copy to be posted at the office of the election superintendent for the information of the public;
   2. One copy to be filed in the superintendent's office;
   3. One copy to be forwarded to the Secretary of State together with a copy of each precinct return, the numbered list of voters of each precinct, and the returns and the numbered list of voters for absentee electors; and
   4. One copy to be sealed and filed with the clerk of the superior court, in the case of a county election, or with the city clerk, in the case of a municipal election, as required by Code Section 21-2-500.
2. The Secretary of State is authorized to provide a method by which the election superintendent can file the results of primaries and elections electronically. Once the Secretary of State provides such a method of filing, the election superintendent shall file a copy of the election returns electronically in the manner prescribed by the Secretary of State in addition to the filing provided in subsection (a) of this Code section. The Secretary of State is authorized to promulgate such rules and regulations as necessary to provide for such an electronic filing.
3. Each county and municipal superintendent shall, upon certification, furnish to the Secretary of State in a manner determined by the Secretary of State a final copy of each ballot used for such primary.

(Ga. L. 1890-91, p. 210, § 2; Civil Code 1895, § 114; Civil Code 1910, § 128; Code 1933, § 34-3202; Code 1933, § 34-1507, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 292, § 1; Ga. L. 1970, p. 347, § 30; Ga. L. 1979, p. 631, § 2; Ga. L. 1982, p. 1512, § 5; Ga. L. 1996, p. 145, § 19; Ga. L. 1998, p. 295, § 1; Ga. L. 2008, p. 817, § 5/HB 1098; Ga. L. 2012, p. 995, §§ 36, 37/SB 92.)

The 2008 amendment, effective July 1, 2008, in subsection (a), in the introductory language, inserted "county and municipal" near the beginning; in paragraph (a)(1), inserted ", in the case of a municipal election, at the" in the middle; and, in paragraph (a)(4), inserted ", in the case of a county election, or with the city clerk, in the case of a municipal election," in the middle.

The 2012 amendment, effective July 1, 2012, substituted "posted at the office of the election superintendent" for "posted at the county courthouse or, in the case of a municipal election, at the city hall" in paragraph (a)(1); and added subsection (c).