O.C.G.A. § 21-2-498 (2019)
Precertification tabulation audits
(a) As used in this Code section, the term: (1) “Incorrect outcome” means the winner of a contest or the answer to a proposed constitutional amendment or question would be different from the results found in a manual recount of paper official ballots. (2) “Risk limit” means the largest statistical probability that an incorrect outcome is not detected or corrected in a risk-limiting audit. (3) “Risk-limiting audit” means an audit protocol that makes use of statistical methods and is designed to limit to acceptable levels the risk of certifying a preliminary election outcome that constitutes an incorrect outcome. (b) Local election superintendents shall conduct precertification tabulation or risk-limiting audits on one contest following any election, special election, election runoff, special election runoff, primary, special primary, primary runoff, or special primary runoff with federal or state-wide contests in accordance with requirements set forth by rule or regulation of the State Election Board. Audits performed under this Code section shall be conducted by manual inspection of random samples of the paper official ballots. (c) In conducting each audit, the local election superintendents shall: (1) Complete the audit prior to final certification of the contest; (2) Ensure that all types of ballots are included in the audit, whether cast in person, by absentee ballot, advance voting, provisional ballot, or otherwise; (3) Provide a report of the unofficial final tabulated vote results for the contest to the public prior to conducting the audit; (4) Complete the audit in public view; and (5) Provide details of the audit to the public within 48 hours of completion. (d) The State Election Board shall be authorized to promulgate rules, regulations, and procedures to implement and administer the provi536
ELECTIONS & PRIMARIES
sions of this Code section. The procedures prescribed by the State Election Board shall include security procedures to ensure that collection of validly cast ballots is complete, accurate, and trustworthy throughout the audit.
History
Code 1981, § 21-2-498, enacted by Ga. L. 2019, p. 7, § 42/HB 316; Ga. L. 2023, p. 614, § 5/SB 129, effective July 1, 2023; Ga. L. 2023, p. 730, § 2(7)/HB 475, effective July 1, 2023. The 2023 amendments. The first 2023 amendment, effective July 1, 2023, substituted “means” for “is when” in paragraph (a)(1); rewrote subsection (b), which read: “As soon as possible, but no later than the November, 2020, general election, the local election superintendents shall conduct precertification tabulation audits for any federal or state general election in accordance with requirements set forth by rule or regulation of the State Election Board. Audits performed under this Code section shall be conducted by manual inspection of random samples of the paper official ballots.” and deleted subsection (e), which read: “The Secretary of State shall conduct a risk-limiting audit pilot program with a risk limit of not greater than 10 percent in one or more counties by December 31, 2021. The Secretary of State shall review the results of the pilot program and, within 90 days following the election in which such pilot program is used, shall
provide the members of the General Assembly with a comprehensive report, including a plan on how to implement risklimiting audits state wide. If such risklimiting audit is successful in achieving the specified confidence level within five business days following the election for which it was conducted, then all audits performed pursuant to this Code section shall be similarly conducted, beginning not later than November 1, 2024.” The second 2023 amendment, effective July 1, 2023, part of an Act to revise, modernize, and correct the Code, substituted “means” for “is when” in paragraph (a)(1).
Annotations
Editor’s notes. This Code section formerly pertained to the Constitutional Officers Election Board. The former Code section was based on Code 1933, § 34-1509, enacted by Ga. L. 1970, p. 347, § 30, Ga. L. 1987, p. 997, § 2, Ga. L. 1994, p. 279, § 10 and was repealed by Ga. L. 1995, p. 1027, § 13, effective July 1, 1995. Law reviews. For article on the 2019 enactment of this Code section, see 36 Ga. St. U.L. Rev. 81 (2019). For article, “SB 202: Revisions to Georgia’s Election and Voting Procedures,” see 38 Ga. St. U.L. Rev. 105 (2021).