TITLE 21 ELECTIONS

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

ARTICLE 12 RETURNS

21-2-497. Preparation and filing by superintendent of four copies of consolidated return of elections; superintendent to furnish final copy of each ballot used for election.

1. Each county and municipal superintendent shall prepare four copies of the consolidated return of the election 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 and recorded as a permanent record in the minutes of the superintendent's office;
   3. 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; and
   4. One copy to be returned immediately to the Secretary of State unless required as follows:
      1. In the case of election of federal and state officers, a separate return showing totals of the votes cast for each of such officers respectively shall be forwarded by the superintendent to the Secretary of State on forms furnished by the Secretary of State;
      2. In the case of referendum elections provided for by an Act of the General Assembly, the returns shall immediately be certified by the authority holding such election to the Secretary of State, along with the precinct returns and numbered list of voters for each precinct. In addition thereto, the official citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications;
      3. In the case of elections on constitutional amendments, the returns shall be certified immediately to the Secretary of State. Upon receiving the certified returns from the various superintendents, the Secretary of State shall immediately proceed to canvass and tabulate the votes cast on such amendments and certify the results to the Governor; and
      4. In the case of election for presidential electors, a separate return shall be prepared by each superintendent and certified immediately to the Secretary of State.
2. 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 election.

(Ga. L. 1890-91, p. 210, § 2; Civil Code 1895, § 114; Civil Code 1910, § 128; Ga. L. 1918, p. 154, §§ 1, 2; Ga. L. 1921, p. 232, § 1; Code 1933, §§ 34-2201, 34-2202, 34-3202; Code 1933, § 34-1508, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 292, § 1; Ga. L. 1970, p. 347, § 30; Ga. L. 1982, p. 3, § 21; Ga. L. 1982, p. 1512, § 5; Ga. L. 1983, p. 884, § 6-6; Ga. L. 1986, p. 32, § 1; Ga. L. 1986, p. 855, § 6; Ga. L. 1987, p. 34, § 1; Ga. L. 1992, p. 56, § 1; Ga. L. 1995, p. 1027, § 12; Ga. L. 1998, p. 295, § 1; Ga. L. 2008, p. 817, § 6/HB 1098; Ga. L. 2012, p. 995, § 38/SB 92.)

The 2008 amendment, effective July 1, 2008, in the introductory language, inserted "county and municipal" near the beginning; in paragraph (1), inserted "or, in the case of a municipal election, at the city hall" in the middle; in paragraph (3), inserted ", in the case of a county election, or with the city clerk, in the case of a municipal election," in the middle; in paragraph (4), in the introductory language, substituted "immediately to the Secretary of State unless required as follows" for "as follows"; deleted former subparagraph (4)(B) which read: "In the case of elections for any county officer or other officer required by law to be commissioned by the Governor in any of the several counties of this state, it shall be the duty of the superintendent to transmit immediately to the Secretary of State a certified copy of the returns of all such offices;"; redesignated former subparagraphs (4)(C) through (4)(E) as present subparagraphs (4)(B) through (4)(D), respectively; and, in subparagraph (4)(C), substituted "and" for "or" at the end.

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