Full Text: Georgia’s Voting Law

To comprehensively revise elections and voting; to amend Chapter 2 of Title 21 of the 1 Official Code of Georgia Annotated, relating to elections and primaries generally, so as to 2 revise a definition; to provide for the establishment of a voter intimidation and illegal 3 election activities hotline; to limit the ability of the State Election Board and the Secretary 4 of State to enter into certain consent agreements, settlements, and consent orders; to provide 5 that the Secretary of State shall be a nonvoting ex officio member of the State Election 6 Board; to provide for the appointment, confirmation, term, and removal of the chairperson 7 of the State Election Board; to revise provisions relating to a quorum of such board; to 8 require the Secretary of State to support and assist the State Election Board; to provide for 9 the appointment of temporary and permanent replacement superintendents; to provide for 10 procedures; to provide for performance reviews of local election officials requested by the 11 State Election Board or local governing authorities; to provide for a definition; to provide for 12 appointment and duties of performance review boards; to provide for reports of performance 13 review boards; to provide for promulgation of rules and regulations; to provide additional 14 requirements on the State Election Board's power to adopt emergency rules and regulations; 15 to provide that no election superintendents or boards of registrars shall accept private 16 funding; to provide that the State Election Board shall develop methods for distribution of 17 donations; to provide that certain persons may serve as poll workers in other than the county 18 21 SB 202/AP Senate Bill 202 By: Senators Burns of the 23rd, Miller of the 49th, Dugan of the 30th, Ginn of the 47th, Anderson of the 24th and others A BILL TO BE ENTITLED AN ACT S. B. 202 - 1 - AS PASSED

of their residence; to provide for the appointment of acting election superintendents in the 19 event of a vacancy or incapacitation in the office of judge of the probate court of counties 20 without a board of elections; to provide for resumption of the duties of election 21 superintendent upon the filling of such vacancy; to provide for the compensation of such 22 acting election superintendents; to provide for the reduction in size of certain precincts under 23 certain circumstances; to provide for notice when polling places are relocated; to provide for 24 certain reports; to provide limitations on the use of buses and other moveable facilities; to 25 provide that the name and designation of the precinct appears on every ballot; to provide for 26 allocation of voting equipment by counties and municipalities; to provide for the manner of 27 handling the death of a candidate prior to a nonpartisan election; to provide that no candidate 28 shall take or be sworn into any elected public office unless such candidate has received a 29 majority of the votes cast for such office except as otherwise provided by law; to provide for 30 participation in a multistate voter registration system; to revise procedures and standards for 31 challenging electors; to provide for the printing of ballots on safety paper; to provide for the 32 time and manner for applying for absentee ballots; to provide for certain limitations and 33 sanctions on the distribution of absentee ballot applications; to provide for the manner of 34 processing of absentee ballot applications; to provide for absentee ballot drop boxes and the 35 requirements therefor; to provide for the time and manner of issuing absentee ballots; to 36 provide for the manner of voting and returning absentee ballots; to revise the times for 37 advance voting; to limit changes to advance voting locations in the period prior to an 38 election; to provide notice requirements for changes of advance voting locations; to provide 39 for the processing and tabulation of absentee ballots; to provide sanctions for improperly 40 opening an absentee ballot; to provide for certain elector identification for absentee balloting; 41 to provide for monitors and observers; to provide for poll watcher training; to provide for 42 restrictions on the distribution of certain items within close proximity to the polls on election 43 days; to provide for the voting and processing of provisional ballots; to provide for 44 duplication panels for defective ballots that cannot be processed by tabulating machines; to 45 21 SB 202/AP S. B. 202 - 2 -

provide for ranked choice voting for military and overseas voters; to revise the time for 46 runoffs; to revise eligibility to vote in runoffs; to provide for the deadline for election 47 certification; to provide for a pilot program for the scanning and publishing of ballots; to 48 provide for the inspection and copying of original ballots by certain persons following the 49 completion of a recount; to provide for special primaries and special elections to fill 50 vacancies in certain offices; to provide for public notice and observation of preparation of 51 voting equipment; to provide for observation of elections and ballot processing and counting; 52 to provide for the filling of vacancies in certain offices; to prohibit observing or attempting 53 to observe how a voter marks or has marked his or her ballot or inducing a voter to do so; to 54 prohibit the acceptance of a ballot for return without authorization; to prohibit the 55 photographing or other recording of ballots and ballot markers; to amend Chapter 35 of Title 56 36 of the Official Code of Georgia Annotated, relating to home rule powers, so as to provide 57 for the delay of reapportionment of municipal corporation election districts when census 58 numbers are delayed; to amend Title 50 of the Official Code of Georgia Annotated, relating 59 to general provisions regarding state government, so as to provide for the submission and 60 suspension of emergency rules by the State Election Board; to provide that scanned ballot 61 images are public records; to provide for legislative findings; to provide a short title; to 62 provide for related matters; to provide for effective dates; to repeal conflicting laws; and for 63 other purposes. 64 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 65 SECTION 1. 66 This Act shall be known and may be cited as the "Election Integrity Act of 2021." 67 21 SB 202/AP S. B. 202 - 3 -

SECTION 2. 68 The General Assembly finds and declares that: 69 (1) Following the 2018 and 2020 elections, there was a significant lack of confidence in 70 Georgia election systems, with many electors concerned about allegations of rampant voter 71 suppression and many electors concerned about allegations of rampant voter fraud; 72 (2) Many Georgia election processes were challenged in court, including the subjective 73 signature-matching requirements, by Georgians on all sides of the political spectrum before 74 and after the 2020 general election; 75 (3) The stress of the 2020 elections, with a dramatic increase in absentee-by-mail ballots 76 and pandemic restrictions, demonstrated where there were opportunities to update existing 77 processes to reduce the burden on election officials and boost voter confidence; 78 (4) The changes made in this legislation in 2021 are designed to address the lack of elector 79 confidence in the election system on all sides of the political spectrum, to reduce the 80 burden on election officials, and to streamline the process of conducting elections in 81 Georgia by promoting uniformity in voting. Several examples will help explain how these 82 goals are achieved; 83 (5) The broad discretion allowed to local officials for advance voting dates and hours led 84 to significant variations across the state in total number of hours of advance voting, 85 depending on the county. More than 100 counties have never offered voting on Sunday 86 and many counties offered only a single day of weekend voting. Requiring two Saturday 87 voting days and two optional Sunday voting days will dramatically increase the total voting 88 hours for voters across the State of Georgia, and all electors in Georgia will have access 89 to multiple opportunities to vote in person on the weekend for the first time; 90 (6) Some counties in 2020 received significant infusions of grant funding for election 91 operations, while other counties received no such funds. Promoting uniformity in the 92 distribution of funds to election operations will boost voter confidence and ensure that there 93 21 SB 202/AP S. B. 202 - 4 -

is no political advantage conferred by preferring certain counties over others in the 94 distribution of funds; 95 (7) Elections in Georgia are administered by counties, but that can lead to problems for 96 voters in counties with dysfunctional election systems. Counties with long-term problems 97 of lines, problems with processing of absentee ballots, and other challenges in 98 administration need accountability, but state officials are limited in what they are able to 99 do to address those problems. Ensuring there is a mechanism to address local election 100 problems will promote voter confidence and meet the goal of uniformity; 101 (8) Elections are a public process and public participation is encouraged by all involved, 102 but the enthusiasm of some outside groups in sending multiple absentee ballot applications 103 in 2020, often with incorrectly filled-in voter information, led to significant confusion by 104 electors. Clarifying the rules regarding absentee ballot applications will build elector 105 confidence while not sacrificing the opportunities for electors to participate in the process; 106 (9) The lengthy absentee ballot process also led to elector confusion, including electors 107 who were told they had already voted when they arrived to vote in person. Creating a 108 definite period of absentee voting will assist electors in understanding the election process 109 while also ensuring that opportunities to vote are not diminished, especially when many 110 absentee ballots issued in the last few days before the election were not successfully voted 111 or were returned late; 112 (10) Opportunities for delivering absentee ballots to a drop box were first created by the 113 State Election Board as a pandemic response. The drop boxes created by rule no longer 114 existed in Georgia law when the emergency rules that created them expired. The General 115 Assembly considered a variety of options and constructed a system that allows the use of 116 drop boxes, while also ensuring the security of the system and providing options in 117 emergency situations; 118 (11) The lengthy nine-week runoffs in 2020 were exhausting for candidates, donors, and 119 electors. By adding ranked choice voting for military and overseas voters, the run-off 120 21 SB 202/AP S. B. 202 - 5 -

period can be shortened to a more manageable period for all involved, easing the burden 121 on election officials and on electors; 122 (12) Counting absentee ballots in 2020 took an incredibly long time in some counties. 123 Creating processes for early processing and scanning of absentee ballots will promote 124 elector confidence by ensuring that results are reported quickly; 125 (13) The sanctity of the precinct was also brought into sharp focus in 2020, with many 126 groups approaching electors while they waited in line. Protecting electors from improper 127 interference, political pressure, or intimidation while waiting in line to vote is of paramount 128 importance to protecting the election system and ensuring elector confidence; 129 (14) Ballot duplication for provisional ballots and other purposes places a heavy burden 130 on election officials. The number of duplicated ballots has continued to rise dramatically 131 from 2016 through 2020. Reducing the number of duplicated ballots will significantly 132 reduce the burden on election officials and creating bipartisan panels to conduct duplication 133 will promote elector confidence; 134 (15) Electors voting out of precinct add to the burden on election officials and lines for 135 other electors because of the length of time it takes to process a provisional ballot in a 136 precinct. Electors should be directed to the correct precinct on election day to ensure that 137 they are able to vote in all elections for which they are eligible; 138 (16) In considering the changes in 2021, the General Assembly heard hours of testimony 139 from electors, election officials, and attorneys involved in voting. The General Assembly 140 made significant modifications through the legislative process as it weighed the various 141 interests involved, including adding further weekend voting, changing parameters for 142 out-of-precinct voting, and adding transparency for ballot images; and 143 (17) While each of the changes in this legislation in 2021 stands alone and is severable 144 under Code Section 1-1-3, the changes in total reflect the General Assembly's considered 145 judgment on the changes required to Georgia's election system to make it "easy to vote and 146 21 SB 202/AP S. B. 202 - 6 -

hard to cheat," applying the lessons learned from conducting an election in the 2020 147 pandemic. 148 SECTION 3. 149 Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and 150 primaries generally, is amended by revising paragraph (35) of Code Section 21-2-2, relating 151 to definitions, as follows: 152 "(35) 'Superintendent' means: 153 (A) Either the judge of the probate court of a county or the county board of elections, 154 the county board of elections and registration, the joint city-county board of elections, 155 or the joint city-county board of elections and registration, if a county has such; 156 (B) In the case of a municipal primary, the municipal executive committee of the 157 political party holding the primary within a municipality or its agent or, if none, the 158 county executive committee of the political party or its agent; 159 (C) In the case of a nonpartisan municipal primary, the person appointed by the proper 160 municipal executive committee; and 161 (D) In the case of a municipal election, the person appointed by the governing 162 authority pursuant to the authority granted in Code Section 21-2-70; and 163 (E) In the case of the State Election Board exercising its powers under subsection (f) 164 of Code Section 21-2-33.1, the individual appointed by the State Election Board to 165 exercise the power of election superintendent." 166 SECTION 4. 167 Said chapter is further amended by revising Code Section 21-2-3, which was previously 168 reserved, as follows: 169 "21-2-3. 170 21 SB 202/AP S. B. 202 - 7 -

The Attorney General shall have the authority to establish and maintain a telephone hotline 171 for the use of electors of this state to file complaints and allegations of voter intimidation 172 and illegal election activities. Such hotline shall, in addition to complaints and reports 173 from identified persons, also accept anonymous tips regarding voter intimidation and 174 election fraud. The Attorney General shall have the authority to review each complaint or 175 allegation of voter intimidation or illegal election activities within three business days or 176 as expeditiously as possible and determine if such complaint or report should be 177 investigated or prosecuted. Reserved." 178 SECTION 5. 179 Said chapter is further amended by revising Code Section 21-2-30 relating to creation, 180 composition, terms of service, vacancies, quorum, seal, bylaws, and meetings of the State 181 Board of Elections as follows: 182 "21-2-30. 183 (a) There is created a state board to be known as the State Election Board, to be composed 184 of the Secretary of State a chairperson elected by the General Assembly, an elector to be 185 elected by a majority vote of the Senate of the General Assembly at its regular session held 186 in each odd-numbered year, an elector to be elected by a majority vote of the House of 187 Representatives of the General Assembly at its regular session held in each odd-numbered 188 year, and a member of each political party to be nominated and appointed in the manner 189 provided in this Code section. No person while a member of the General Assembly shall 190 serve as a member of the board. 191 (a.1)(1) The chairperson shall be elected by the General Assembly in the following 192 manner: A joint resolution which shall fix a definite time for the nomination and election 193 of the chairperson may be introduced in either branch of the General Assembly. Upon 194 passage of the resolution by a majority vote of the membership of the Senate and House 195 of Representatives, it shall be the duty of the Speaker of the House of Representatives to 196 21 SB 202/AP S. B. 202 - 8 -

call for the nomination and election of the chairperson at the time specified in the 197 resolution, at which time the name of the qualified person receiving a majority vote of the 198 membership of the House of Representatives shall be transmitted to the Senate for 199 confirmation. Upon the qualified person's receiving a majority vote of the membership 200 of the Senate, he or she shall be declared the duly elected chairperson; and the Governor 201 shall be notified of his or her election by the Secretary of the Senate. The Governor is 202 directed to administer the oath of office to the chairperson and to furnish the chairperson 203 with a properly executed commission of office certifying his or her election. 204 (2) The chairperson of the board shall be nonpartisan. At no time during his or her 205 service as chairperson shall the chairperson actively participate in a political party 206 organization or in the campaign of a candidate for public office, nor shall he or she make 207 any campaign contributions to a candidate for public office. Furthermore, to qualify for 208 appointment as chairperson, in the two years immediately preceding his or her 209 appointment, a person shall not have qualified as a partisan candidate for public office, 210 participated in a political party organization or the campaign of a partisan candidate for 211 public office, or made any campaign contributions to a partisan candidate for public 212 office. 213 (3) The term of office of the chairperson shall continue until a successor is elected as 214 provided in paragraph (1) of this subsection. In the event of a vacancy in the position of 215 chairperson at a time when the General Assembly is not in session, it shall be the duty of 216 the Governor and the Governor is empowered and directed to appoint a chairperson 217 possessing the qualifications as provided in this subsection who shall serve as chairperson 218 until the next regular session of the General Assembly, at which time the nomination and 219 election of a chairperson shall be held by the General Assembly as provided in 220 paragraph (1) of this subsection. 221 (b) A member elected by a house of the General Assembly shall take office on the day 222 following the adjournment of the regular session in which elected and shall serve for a term 223 21 SB 202/AP S. B. 202 - 9 -

of two years and until his or her successor is elected and qualified, unless sooner removed. 224 An elected member of the board may be removed at any time by a majority vote of the 225 house which elected him or her. In the event a vacancy should occur in the office of such 226 a member of the board at a time when the General Assembly is not in session, then the 227 President of the Senate shall thereupon appoint an elector to fill the vacancy if the prior 228 incumbent of such office was elected by the Senate or appointed by the President of the 229 Senate; and the Speaker of the House of Representatives shall thereupon appoint an elector 230 to fill the vacancy if the prior incumbent of such office was elected by the House of 231 Representatives or appointed by the Speaker of the House of Representatives. A member 232 appointed to fill a vacancy may be removed at any time by a majority vote of the house 233 whose presiding officer appointed him or her. 234 (c) Within 30 days after April 3, 1968, the state executive committee of each political 235 party shall nominate a member of its party to serve as a member of the State Election Board 236 and, thereupon, the Governor shall appoint such nominee as a member of the board to serve 237 for a term of two years from the date of the appointment and until his or her successor is 238 elected and qualified, unless sooner removed. Thereafter, such state executive committee 239 shall select a nominee for such office on the board within 30 days after a vacancy occurs 240 in such office and shall also select a nominee at least 30 days prior to the expiration of the 241 term of each incumbent nominated by it; and each such nominee shall be immediately 242 appointed by the Governor as a member of the board to serve for the unexpired term in the 243 case of a vacancy, and for a term of two years in the case of an expired term. Each 244 successor, other than one appointed to serve an unexpired term, shall serve for a term of 245 two years; and the terms shall run consecutively from the date of the initial gubernatorial 246 appointment. No person shall be eligible for nomination by such state executive committee 247 unless he or she is an elector and a member in good standing of the political party of the 248 committee. Such a member shall cease to serve on the board and his or her office shall be 249 21 SB 202/AP S. B. 202 - 10 -

abolished if and when his or her political organization shall cease to be a 'political party' 250 as defined in Code Section 21-2-2. 251 (d) The Secretary of State shall be the chairperson of the board an ex officio nonvoting 252 member of the board. Three voting members of the board shall constitute a quorum, and 253 no vacancy on the board shall impair the right of the quorum to exercise all the powers and 254 perform all the duties of the board. The board shall adopt a seal for its use and bylaws for 255 its own government and procedure. 256 (e) Meetings shall be held whenever necessary for the performance of the duties of the 257 board on call of the chairperson or whenever any two of its members so request. Minutes 258 shall be kept of all meetings of the board and a record kept of the vote of each member on 259 all questions coming before the board. The chairperson shall give to each member of the 260 board prior notice of the time and place of each meeting of the board. 261 (f) If any member of the board, other than the Secretary of State, shall qualify as a 262 candidate for any public office which is to be voted upon in any primary or election 263 regulated by the board, that member's position on the board shall be immediately vacated 264 and such vacancy shall be filled in the manner provided for filling other vacancies on the 265 board." 266 SECTION 6. 267 Said chapter is further amended in Code Section 21-2-33.1, relating to enforcement of 268 chapter, by adding new subsections to read as follows: 269 "(f) After following the procedures set forth in Code Section 21-2-33.2, the State Election 270 Board may suspend county or municipal superintendents and appoint an individual to serve 271 as the temporary superintendent in a jurisdiction. Such individual shall exercise all the 272 powers and duties of a superintendent as provided by law, including the authority to make 273 all personnel decisions related to any employees of the jurisdiction who assist with carrying 274 21 SB 202/AP S. B. 202 - 11 -

out the duties of the superintendent, including, but not limited to, the director of elections, 275 the election supervisor, and all poll officers. 276 (g) At no time shall the State Election Board suspend more than four county or municipal 277 superintendents pursuant to subsection (f) of this Code section. 278 (h) The Secretary of State shall, upon the request of the State Election Board, provide any 279 and all necessary support and assistance that the State Election Board, in its sole discretion, 280 determines is necessary to enforce this chapter or to carry out or conduct any of its duties." 281 SECTION 7. 282 Such chapter is further amended in Subpart 1 of Part 1 of Article 2, relating to the State 283 Election Board, by adding a new Code section to read as follows: 284 "21-2-33.2. 285 (a) The governing authority of a county or municipality, as applicable, following a 286 recommendation based on an investigation by a performance review board pursuant to 287 Code Section 21-2-106 may petition the State Election Board, through the Secretary of 288 State, for extraordinary relief pursuant to this Code section. In addition, the State Election 289 Board, on its own motion or following a recommendation based on an investigation by a 290 performance review board pursuant to Part 5 of this article, may pursue the extraordinary 291 relief provided in this Code section. 292 (b) Upon receiving a petition or taking appropriate action pursuant to subsection (a) of this 293 Code section, the State Election Board shall conduct a preliminary investigation to 294 determine if sufficient cause exists to proceed to a full hearing on the petition. Such 295 preliminary investigation shall be followed by a preliminary hearing which shall take place 296 not less than 30 days nor more than 90 days after the Secretary of State receives the 297 petition. Service of the petition shall be made by hand delivery or by statutory overnight 298 delivery to the Secretary of State's office. At such preliminary hearing, the State Election 299 Board shall determine if sufficient cause exists to proceed to a full hearing on the petition 300 21 SB 202/AP S. B. 202 - 12 -

or if the petition should be dismissed. The State Election Board shall promulgate rules and 301 regulations for conducting such preliminary investigation and preliminary hearing. 302 (c) Following the preliminary hearing described in subsection (b) of this Code section, the 303 State Election Board may suspend a county or municipal superintendent pursuant to this 304 Code section if at least three members of the board find, after notice and hearing, that: 305 (1) By a preponderance of the evidence, a county or municipal superintendent has 306 committed at least three violations of this title or of State Election Board rules and 307 regulations, in the last two general election cycles; and the county or municipal 308 superintendent has not sufficiently remedied the violations; or 309 (2) By clear and convincing evidence, the county or municipal superintendent has, for 310 at least two elections within a two-year period, demonstrated nonfeasance, malfeasance, 311 or gross negligence in the administration of the elections. 312 (d) A majority of the members of a board of elections, board of elections and registration, 313 or county commission; a probate judge who serves as election superintendent, or, for a sole 314 commissioner form of government, a sole commissioner may petition the Secretary of State 315 to continue any hearing scheduled pursuant to this Code section. Upon a showing of good 316 cause, the State Election Board may in its sound discretion continue any such hearing. 317 Notwithstanding any other provision of law, deliberations held on such petition by the State 318 Election Board shall not be open to the public; provided, however, that testimony shall be 319 taken in an open meeting and a vote on the recommendation shall be taken in an open 320 meeting following the hearing or at the next regularly scheduled meeting. 321 (e)(1) If the State Election Board makes a finding in accordance with subsection (c) of 322 this Code section, it may suspend the superintendent or board of registrars with pay and 323 appoint an individual to serve as the temporary superintendent. The temporary 324 superintendent who is appointed shall be otherwise qualified to serve or meet the 325 necessary qualifications within three months of appointment. 326 21 SB 202/AP S. B. 202 - 13 -

(2) Any superintendent suspended under this Code section may petition the State 327 Election Board for reinstatement no earlier than 30 days following suspension and no 328 later than 60 days following suspension. In the event that a suspended superintendent or 329 registrar does not petition for reinstatement within the allotted time period, his or her 330 suspension shall be converted into permanent removal, and the temporary superintendent 331 shall become a permanent superintendent subject to removal by the jurisdiction not less 332 than nine months after his or her appointment. 333 (3) If, after the expiration of the nine-month period following the appointment, the 334 jurisdiction removes the permanent superintendent, any provisions of local or general law 335 governing appointment of the superintendent shall govern the appointment of the 336 superintendent. 337 (4) If, at any time after the expiration of the nine-month period following the 338 appointment, at least three members of the State Election Board find, after notice and 339 hearing, that the jurisdiction no longer requires a superintendent appointed under this 340 Code section, any provisions of local or general law governing appointment of the 341 superintendent shall govern the appointment of the superintendent. 342 (f) Upon petition for reinstatement by a superintendent suspended pursuant to a finding 343 under paragraph (1) of subsection (c) of this Code section, the State Election Board shall 344 conduct a hearing for the purpose of receiving evidence relative to whether the 345 superintendent's continued service as superintendent is more likely than not to improve the 346 ability of the jurisdiction to conduct elections in a manner that complies with this chapter. 347 The suspended superintendent shall be given at least 30 days' notice prior to such hearing 348 and such hearing shall be held no later than 90 days after the petition is filed in accordance 349 with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the 350 State Election Board shall have the power to call witnesses and request documents on its 351 own initiative. If the State Election Board denies the petition, it shall be deemed a final 352 agency decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' 353 21 SB 202/AP S. B. 202 - 14 -

and it may be appealed in a manner consistent with Code Section 50-13-19. The Attorney 354 General or his or her designee shall represent the interests of the State Election Board in 355 any such judicial review. 356 (g) A local government shall not expend any public funds for attorneys' fees or expenses 357 of litigation relating to the proceedings initiated pursuant to this Code section except to the 358 extent such fees and expenses are incurred prior to and through the recommendation of the 359 State Election Board as provided in subsection (c) of this Code section; provided, however, 360 that nothing in this subsection shall be construed to prohibit an insurance provider from 361 covering attorneys' fees or expenses of litigation under an insurance policy. Any 362 suspended superintendent who is reinstated by the State Election Board pursuant to this 363 Code section may be reimbursed by the local government for his or her reasonable 364 attorneys' fees and related expenses incurred in pursuing such reinstatement. 365 (h) For purposes of this Code section, where a judge of probate court serves as the 366 superintendent, the suspension authorized by this Code section shall apply only to the judge 367 of probate court's duties as a superintendent and not as a judge of probate court. 368 (i) When the State Election Board exercises its authority under subsection (f) of Code 369 Section 21-2-33.1, the jurisdiction involved shall not diminish or reduce the funds already 370 budgeted or appropriated by the jurisdiction pursuant to Code Section 21-2-71 and shall 371 pay any necessary and reasonable funds over that amount, as determined by the temporary 372 superintendent, to faithfully carry out their obligations under Code Section 21-2-70."0 373 SECTION 8. 374 Said chapter is further amended in Subpart 1 of Part 1 of Article 2, relating to the State 375 Election Board, by adding new Code sections to read as follows: 376 "21-2-35. 377 (a) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating to 378 emergency management, or Chapter 13 of Title 50, the "Georgia Administrative Procedure 379 21 SB 202/AP S. B. 202 - 15 -

Act," to the contrary, the State Election Board may only adopt emergency rules or 380 regulations in circumstances of imminent peril to public health, safety, or welfare. To 381 adopt any such emergency rule or regulation, in addition to any other rule-making 382 requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall: 383 (1) Give notice to the public of its intended action; 384 (2) Immediately upon the setting of the date and time of the meeting at which such 385 emergency rule or regulation is to be considered give notice by email of its intended 386 action to: 387 (A) The Governor; 388 (B) The Lieutenant Governor; 389 (C) The Speaker of the House of Representatives; 390 (D) The chairpersons of the standing committees of each house of the General 391 Assembly tasked with election matters; 392 (E) Legislative counsel; and 393 (F) The chief executive officer of each political party registered pursuant to subsection 394 (a) of Code Section 21-2-110; and 395 (3) State in the notices required by paragraphs (1) and (2) of this subsection the nature 396 of the emergency and the manner in which such emergency represents an imminent peril 397 to public health, safety, or welfare. 398 (b) Upon adoption or promulgation of any emergency rule or regulation pursuant to this 399 Code section, a majority of the State Election Board shall certify in writing that such 400 emergency rule or regulation was made in strict and exact compliance with the provisions 401 of this chapter and subsection (e) of Code Section 50-13-4. 402 (c) In the event of any conflict between this Code section and any provision of Chapter 13 403 of Title 50, this Code section shall govern and supersede any such conflicting provision. 404 21 SB 202/AP S. B. 202 - 16 -

21-2-36. 405 The State Election Board, the members thereof, the Secretary of State, and any of their 406 attorneys or staff, at least five business days prior to entering into any consent agreement, 407 settlement, or consent order that limits, alters, or interprets any provision of this chapter, 408 shall notify the House of Representatives and Senate Committees on the Judiciary of such 409 proposed consent agreement, settlement, or consent order." 410 SECTION 9. 411 Said chapter is further amended by revising Code Section 21-2-71, relating to payment by 412 county or municipality of superintendent's expenses, as follows: 413 "21-2-71. 414 (a) The governing authority of each county or municipality shall appropriate annually and 415 from time to time, to the superintendent of such county or municipality, the funds that it 416 shall deem necessary for the conduct of primaries and elections in such county or 417 municipality and for the performance of his or her other duties under this chapter, 418 including: 419 (1) Compensation of the poll officers, custodians, and other assistants and employees 420 provided for in this chapter; 421 (2) Expenditures and contracts for expenditures by the superintendent for polling places; 422 (3) Purchase or printing, under contracts made by the superintendent, of all ballots and 423 other election supplies required by this chapter, or which the superintendent shall 424 consider necessary to carry out the provisions of this chapter; 425 (4) Maintenance of all voting equipment required by this chapter, or which the 426 superintendent shall consider necessary to carry out this chapter; and 427 (5) All other expenses arising out of the performance of his or her duties under this 428 chapter. 429 21 SB 202/AP S. B. 202 - 17 -

(b) No superintendent shall take or accept any funding, grants, or gifts from any source 430 other than from the governing authority of the county or municipality, the State of Georgia, 431 or the federal government. 432 (c) The State Election Board shall study and report to the General Assembly a proposed 433 method for accepting donations intended to facilitate the administration of elections and 434 a method for an equitable distribution of such donations state wide by October 1, 2021." 435 SECTION 10. 436 Said chapter is further amended in Part 3 of Article 2, relating to superintendents, by adding 437 a new Code section to read as follows: 438 "21-2-74.1. 439 (a) If a county does not have a board of elections and: 440 (1) There is a vacancy in the office of judge of the probate court that has not been filled 441 pursuant to Code Section 15-9-10 or 15-9-11; or 442 (2) The judge of the probate court is incapacitated and unable to perform the duties of 443 the election superintendent for a period of more than five days; 444 The chief judge of the superior court in the circuit to which the county is assigned shall 445 appoint a qualified individual to serve as the acting election superintendent during such 446 vacancy or incapacitation. 447 (b) Upon the filling of a vacancy in the office of judge of the probate court pursuant to 448 Code Section 15-9-10 or 15-9-11, the judge of the probate court shall resume the duties of 449 the election superintendent. 450 (c) The sole county commissioner or the board of county commissioners shall fix the 451 compensation of the individual who serves as acting election superintendent until the 452 vacancy is filled or the incapacitation ends. The compensation shall be paid from the 453 general funds of the county." 454 21 SB 202/AP S. B. 202 - 18 -

SECTION 11. 455 Said chapter is further amended by revising subsection (a) of Code Section 21-2-92, relating 456 to qualifications of poll officers, service during municipal election or primary, and Student 457 Teen Election Participant (STEP) program, as follows: 458 "(a)(1) Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be 459 judicious, intelligent, and upright citizens of the United States, residents of or otherwise 460 employed by the county in which they are appointed except as otherwise provided in 461 paragraph (2) of this subsection or, in the case of municipal elections, residents of or 462 otherwise employed by the municipality in which the election is to be held or of the 463 county in which that municipality is located, 16 years of age or over, and shall be able to 464 read, write, and speak the English language. No poll officer shall be eligible for any 465 nomination for public office or to be voted for at a primary or election at which the poll 466 officer shall serve. No person who is otherwise holding public office, other than a 467 political party office, shall be eligible to be appointed as or to serve as a poll officer. A 468 parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, 469 daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to 470 serve as a poll officer in any precinct in which such candidate's name appears on the 471 ballot in any primary or election. 472 (2) A poll officer may be allowed to serve in a county that adjoins the county in which 473 such poll officer resides if, in the discretion of the election superintendent of the county 474 in which such person resides, the waiver of such county residency or county employment 475 requirements of paragraph (1) of this subsection do not impair the ability of the county 476 to provide adequate staff for the performance of election duties under this chapter and if, 477 in the discretion of the county election superintendent in which such person wishes to 478 serve, sufficient need for more poll officers exists." 479 21 SB 202/AP S. B. 202 - 19 -

SECTION 12. 480 Said chapter is further amended in Article 2, relating to supervisory boards and officers, by 481 adding a new part to read as follows: 482 "Part 5 483 21-2-105. 484 As used in this part, the term 'local election official' means: 485 (1) A county board of elections or a county board of elections and registration 486 established pursuant to Code Section 21-2-40; 487 (2) A judge of the probate court fulfilling the role of election superintendent; or 488 (3) A municipal election superintendent. 489 21-2-106. 490 (a) The following officials may request that a performance review of a local election 491 official be conducted: 492 (1) The governing authority of the same jurisdiction as the local election official; 493 (2) For counties represented by more than three members of the Georgia House of 494 Representatives and Georgia Senate, at least two members of the Georgia House of 495 Representatives and two members of the Georgia Senate who represent the county; and 496 (3) For counties represented by fewer than four members of the Georgia House of 497 Representatives and Georgia Senate, at least one member of the Georgia House of 498 Representatives and one member of the Georgia Senate who represent the county. 499 Such request shall be transmitted to the State Election Board which shall appoint an 500 independent performance review board within 30 days after receiving such resolution. The 501 State Election Board shall appoint three competent persons to serve as members of the 502 performance review board, one of whom shall be an employee of the elections division of 503 21 SB 202/AP S. B. 202 - 20 -

the Secretary of State and two of whom shall be local election officials, provided that no 504 such appointee shall be a local election official for the county or municipality, as 505 applicable, under review. 506 (b) It shall be the duty of a performance review board to make a thorough and complete 507 investigation of the local election official with respect to all actions of the local election 508 official regarding the technical competency in the maintenance and operation of election 509 equipment, proper administration and oversight of registration and elections, and 510 compliance with state law and regulations. The performance review board shall issue a 511 written report of its findings to the Secretary of State, the State Election Board, and the 512 local governing authority which shall include such evaluations, judgments, and 513 recommendations as it deems appropriate. The local governing authority shall reimburse 514 the members of the performance review board for reasonable expenses incurred in the 515 performance of their duties, including mileage, meals, lodging, and costs of materials. 516 (c) The findings of the report of the review board under subsection (b) of this Code section 517 or of any audit or investigation performed by the State Election Board may be grounds for 518 removal of one or more local election officials pursuant to Code Section 21-2-33.2. 519 21-2-107. 520 (a) The State Election Board shall appoint an independent performance review board on 521 its own motion if it determines that there is evidence which calls into question the 522 competence of a local election official regarding the oversight and administration of 523 elections, voter registration, or both, with state law and regulations. 524 (b) The State Election Board shall appoint three competent persons to serve as members 525 of the performance review board, one of whom shall be an employee of the elections 526 division of the office of Secretary of State and two of whom shall be local election 527 officials, provided that none of the three appointees shall be a local election official for the 528 county or municipality under review. 529 21 SB 202/AP S. B. 202 - 21 -

(c) The performance review board shall issue a written report of its findings to the State 530 Election Board and the Secretary of State and the applicable local governing authority, 531 which shall include such evaluations, judgments, and recommendations as it deems 532 appropriate. The local governing authority shall reimburse the members of the 533 performance review board for reasonable expenses incurred in the performance of their 534 duties, including mileage, meals, lodging, and costs of materials. 535 (d) The findings of the report of the performance review board under subsection (c) of this 536 Code section or of any audit or investigation performed by the State Election Board may 537 be grounds for removal of a local election official pursuant to Code Section 21-2-33.2. 538 21-2-108. 539 The State Election Board shall promulgate such rules and regulations as may be necessary 540 for the administration of this part." 541 SECTION 13. 542 Said chapter is further amended in Code Section 21-2-134, relating to withdrawal, death, or 543 disqualification of candidate for office, return of qualifying fee, and nomination certificate, 544 by adding a new subsection to read as follows: 545 "(g) In the event of the death of a candidate on the ballot in a nonpartisan election prior to 546 such nonpartisan election, such candidate's name shall remain on the ballot and all votes 547 cast for such candidate shall be counted. If the deceased candidate receives the requisite 548 number of votes to be elected, such contest shall be handled as a failure to fill the office 549 under Code Section 21-2-504. If the deceased candidate receives enough votes to be in a 550 run-off election, such run-off election shall be conducted as provided in Code 551 Section 21-2-501 and the candidates in such runoff shall be determined in accordance with 552 paragraph (2) of subsection (a) of Code Section 21-2-501." 553 21 SB 202/AP S. B. 202 - 22 -

SECTION 14. 554 Said chapter is further amended by revising subsection (f) of Code Section 21-2-212, relating 555 to county registrars, appointment, certification, term of service, vacancies, compensation and 556 expenses of chief registrar, registrars, and other officers and employees, and budget 557 estimates, as follows: 558 "(f) The board of registrars of each county shall prepare annually a budget estimate in 559 which it shall set forth an itemized list of its expenditures for the preceding two years and 560 an itemized estimate of the amount of money necessary to be appropriated for the ensuing 561 year and shall submit the same at the time and in the manner and form other county budget 562 estimates are required to be filed. No board of registrars shall take or accept any funding, 563 grants, or gifts from any source other than from the governing authority of the county, the 564 State of Georgia, or the federal government." 565 SECTION 15. 566 Said chapter is further amended by revising Code Section 21-2-229, relating to challenge of 567 applicant for registration by other electors, notice and hearing, and right of appeal, as 568 follows: 569 "21-2-229. 570 (a) Any elector of a county or municipality may challenge the qualifications of any person 571 applying to register to vote in the county or municipality and may challenge the 572 qualifications of any elector of the county or municipality whose name appears on the list 573 of electors. Such challenges shall be in writing and shall specify distinctly the grounds of 574 the challenge. There shall not be a limit on the number of persons whose qualifications 575 such elector may challenge. 576 (b) Upon such challenge being filed with the board of registrars, the registrars shall set a 577 hearing on such challenge within ten business days after serving notice of the challenge. 578 Notice of the date, time, and place of the hearing shall be served upon the person whose 579 21 SB 202/AP S. B. 202 - 23 -

qualifications are being challenged along with a copy of such challenge and upon the 580 elector making the challenge within ten business days following the filing of the challenge. 581 The person being challenged shall receive at least three days' notice of the date, time, and 582 place of the hearing. Such notice shall be served either by first-class mail addressed to the 583 mailing address shown on the person's voter registration records or in the manner provided 584 in subsection (c) of Code Section 21-2-228. 585 (c) The burden shall be on the elector making the challenge to prove that the person being 586 challenged is not qualified to remain on the list of electors. The board of registrars shall 587 have the authority to issue subpoenas for the attendance of witnesses and the production 588 of books, papers, and other material upon application by the person whose qualifications 589 are being challenged or the elector making the challenge. The party requesting such 590 subpoenas shall be responsible to serve such subpoenas and, if necessary, to enforce the 591 subpoenas by application to the superior court. Any witness so subpoenaed, and after 592 attending, shall be allowed and paid the same mileage and fee as allowed and paid 593 witnesses in civil actions in the superior court. 594 (d) After the hearing provided for in this Code section, the registrars shall determine said 595 challenge and shall notify the parties of their decision. If the registrars uphold the 596 challenge, the person's application for registration shall be rejected or the person's name 597 removed from the list of electors, as appropriate. The elector shall be notified of such 598 decision in writing either by first-class mail addressed to the mailing address shown on the 599 person's voter registration records or in the manner provided in subsection (c) of Code 600 Section 21-2-228 for other notices. 601 (e) Either party shall have a right of appeal from the decision of the registrars to the 602 superior court by filing a petition with the clerk of the superior court within ten days after 603 the date of the decision of the registrars. A copy of such petition shall be served upon the 604 other parties and the registrars. Unless and until the decision of the registrars is reversed 605 by the court, the decision of the registrars shall stand. 606 21 SB 202/AP S. B. 202 - 24 -

(f) Failure to comply with the provisions of this Code section by the board of registrars 607 shall subject such board to sanctions by the State Election Board." 608 SECTION 16. 609 Said chapter is further amended by revising Code Section 21-2-230, relating to challenge of 610 persons on list of electors by other electors, procedure;, hearing, and right of appeal, as 611 follows: 612 "21-2-230. 613 (a) Any elector of the county or municipality may challenge the right of any other elector 614 of the county or municipality, whose name appears on the list of electors, to vote in an 615 election. Such challenge shall be in writing and specify distinctly the grounds of such 616 challenge. Such challenge may be made at any time prior to the elector whose right to vote 617 is being challenged voting at the elector's polling place or, if such elector cast an absentee 618 ballot, prior to 5:00 P.M. on the day before the election absentee ballots are to begin to be 619 scanned and tabulated; provided, however, that challenges to persons voting by absentee 620 ballot in person at the office of the registrars or the absentee ballot clerk shall be made prior 621 to such person's voting. There shall not be a limit on the number of persons whose 622 qualifications such elector may challenge. 623 (b) Upon the filing of such challenge, the board of registrars shall immediately consider 624 such challenge and determine whether probable cause exists to sustain such challenge. If 625 the registrars do not find probable cause, the challenge shall be denied. If the registrars 626 find probable cause, the registrars shall notify the poll officers of the challenged elector's 627 precinct or, if the challenged elector voted by absentee ballot, notify the poll officers at the 628 absentee ballot precinct and, if practical, notify the challenged elector and afford such 629 elector an opportunity to answer. 630 (c) If the challenged elector appears at the polling place to vote, such elector shall be given 631 the opportunity to appear before the registrars and answer the grounds of the challenge. 632 21 SB 202/AP S. B. 202 - 25 -

(d) If the challenged elector does not cast an absentee ballot and does not appear at the 633 polling place to vote and if the challenge is based on grounds other than the qualifications 634 of the elector to remain on the list of electors, no further action by the registrars shall be 635 required. 636 (e) If the challenged elector cast an absentee ballot and it is not practical to conduct a 637 hearing prior to the close of the polls and the challenge is based upon grounds other than 638 the qualifications of the elector to remain on the list of electors, the absentee ballot shall 639 be treated as a challenged ballot pursuant to subsection (e) of Code Section 21-2-386. No 640 further action by the registrars shall be required. 641 (f) If the challenged elector does not cast an absentee ballot and does not appear at the 642 polling place to vote and the challenge is based on the grounds that the elector is not 643 qualified to remain on the list of electors, the board of registrars shall proceed to hear the 644 challenge pursuant to Code Section 21-2-229. 645 (g) If the challenged elector cast an absentee ballot and the challenge is based upon 646 grounds that the challenged elector is not qualified to remain on the list of electors, the 647 board of registrars shall proceed to conduct a hearing on the challenge on an expedited 648 basis prior to the certification of the consolidated returns of the election by the election 649 superintendent. The election superintendent shall not certify such consolidated returns 650 until such hearing is complete and the registrars have rendered their decision on the 651 challenge. If the registrars deny the challenge, the superintendent shall proceed to certify 652 the consolidated returns. If the registrars uphold the challenge, the name of the challenged 653 elector shall be removed from the list of electors and the ballot of the challenged elector 654 shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove 655 any votes cast by such elector. The elector making the challenge and the challenged elector 656 may appeal the decision of the registrars in the same manner as provided in subsection (e) 657 of Code Section 21-2-229. 658 21 SB 202/AP S. B. 202 - 26 -

(h) If the challenged elector appears at the polls to vote and it is practical to conduct a 659 hearing on the challenge prior to the close of the polls, the registrars shall conduct such 660 hearing and determine the merits of the challenge. If the registrars deny the challenge, the 661 elector shall be permitted to vote in the election notwithstanding the fact that the polls may 662 have closed prior to the time the registrars render their decision and the elector can actually 663 vote, provided that the elector proceeds to vote immediately after the decision of the 664 registrars. If the registrars uphold the challenge, the challenged elector shall not be 665 permitted to vote and, if the challenge is based upon the grounds that the elector is not 666 qualified to remain on the list of electors, the challenged elector's name shall be removed 667 from the list of electors. 668 (i) If the challenged elector appears at the polls to vote and it is not practical to conduct 669 a hearing prior to the close of the polls or if the registrars begin a hearing and subsequently 670 find that a decision on the challenge cannot be rendered within a reasonable time, the 671 challenged elector shall be permitted to vote by casting a challenged ballot on the same 672 type of ballot that is used by the county or municipality for provisional ballots. Such 673 challenged ballot shall be sealed in double envelopes as provided in subsection (a) of Code 674 Section 21-2-419 and, after having the word 'Challenged,' the elector's name, and the 675 alleged cause of the challenge written across the back of the outer envelope, the ballot shall 676 be deposited by the person casting such ballot in a secure, sealed ballot box 677 notwithstanding the fact that the polls may have closed prior to the time the registrars make 678 such a determination, provided that the elector proceeds to vote immediately after such 679 determination of the registrars. In such cases, if the challenge is based upon the grounds 680 that the challenged elector is not qualified to remain on the list of electors, the registrars 681 shall proceed to finish the hearing prior to the certification of the consolidated returns of 682 the election by the election superintendent. If the challenge is based on other grounds, no 683 further action shall be required by the registrars. The election superintendent shall not 684 certify such consolidated returns until such hearing is complete and the registrars have 685 21 SB 202/AP S. B. 202 - 27 -

rendered their decision on the challenge. If the registrars deny the challenge, the 686 superintendent shall proceed to certify the consolidated returns. If the registrars uphold the 687 challenge, the name of the challenged elector shall be removed from the list of electors and 688 the ballot of the challenged elector shall be rejected and not counted and, if necessary, the 689 returns shall be adjusted to remove any votes cast by such elector. The elector making the 690 challenge and the challenged elector may appeal the decision of the registrars in the same 691 manner as provided in subsection (e) of Code Section 21-2-229. 692 (j) Failure to comply with the provisions of this Code section by the board of registrars 693 shall subject such board to sanctions by the State Election Board." 694 SECTION 17. 695 Said chapter is further amended in subsection (b) of Code Section 21-2-232, relating to 696 removal of elector's name from list of electors, by adding a new paragraph to read as follows: 697 "(3) Once becoming a member of the nongovernmental entity described in subsection (d) 698 of Code Section 21-2-225, the Secretary of State shall obtain regular information from 699 such entity regarding electors who may have moved to another state, died, or otherwise 700 become ineligible to vote in Georgia. The Secretary of State shall use such information 701 to conduct list maintenance on the list of eligible electors." 702 SECTION 18. 703 Said chapter is further amended by revising Code Section 21-2-263, relating to reduction in 704 size of, or provision of additional voting equipment or poll workers to, precincts containing 705 more than 2,000 electors when voting in such precincts at previous general election not 706 completed one hour after closing of polls, as follows: 707 21 SB 202/AP S. B. 202 - 28 -

"21-2-263. 708 (a) If, at the previous general election, a precinct contained more than 2,000 electors and 709 if all those electors desiring to vote had not completed voting one hour following the 710 closing of the polls, the superintendent shall either reduce the size of said precinct so that 711 it shall contain not more than 2,000 electors in accordance with the procedures prescribed 712 by this chapter for the division, alteration, and consolidation of precincts no later than 60 713 days before the next general election or provide additional voting equipment or poll 714 workers, or both, before the next general election. For administering this Code section, the 715 chief manager of a precinct which contained more than 2,000 electors at the previous 716 general election shall submit a report thereof, under oath, to the superintendent as to the 717 time required for completion of voting by all persons in line at the time the polls were 718 closed. Any such change in the boundaries of a precinct shall conform with the 719 requirements of subsection (a) of Code Section 21-2-261.1. 720 (b) If, at the previous general election, a precinct contained more than 2,000 electors and 721 if electors desiring to vote on the day of the election had to wait in line for more than one 722 hour before checking in to vote, the superintendent shall either reduce the size of such 723 precinct so that it shall contain not more than 2,000 electors in accordance with the 724 procedures prescribed by this chapter for the division, alteration, and consolidation of 725 precincts no later than 60 days before the next general election or provide additional voting 726 equipment or poll workers, or both, before the next general election. For administering this 727 Code section, the chief manager of a precinct which contained more than 2,000 electors at 728 the previous general election shall submit a report thereof to the superintendent of the 729 reported time from entering the line to checking in to vote. Such wait time shall be 730 measured no fewer than three different times throughout the day (in the morning, at 731 midday, and prior to the close of polls) and such results shall be recorded on a form 732 provided by the Secretary of State. Any such change in the boundaries of a precinct shall 733 conform with the requirements of subsection (a) of Code Section 21-2-261.1." 734 21 SB 202/AP S. B. 202 - 29 -

SECTION 19. 735 Said chapter is further amended by revising subsection (a) of Code Section 21-2-265, relating 736 to duty of superintendent to select polling places, change, petition objecting to proposed 737 change, space for political parties holding primaries, facilities for disabled voters, selection 738 of polling place outside precinct to better serve voters, and restriction on changing polling 739 place on or near date of election, as follows: 740 "(a) The superintendent of a county or the governing authority of a municipality shall 741 select and fix the polling place within each precinct and may, either on his, her, or its own 742 motion or on petition of ten electors of a precinct, change the polling place within any 743 precinct. Except in case of an emergency or unavoidable event occurring within ten days 744 of a primary or election, which emergency or event renders any polling place unavailable 745 for use at such primary or election, the superintendent of a county or the governing 746 authority of a municipality shall not change any polling place until notice of the proposed 747 change shall have been published for once a week for two consecutive weeks in the legal 748 organ for the county or municipality in which the polling place is located. Additionally, 749 on the first election during the seven days before and on the day of the first election 750 following such change, a notice of such change shall be posted on the previous polling 751 place and at three other places in the immediate vicinity thereof. Each notice posted shall 752 state the location to which the polling place has been moved and shall direct electors to the 753 new location. At least one notice at the previous polling place shall be a minimum of four 754 feet by four feet in size. The occupant or owner of the previous polling place, or his or her 755 agent, shall be notified in writing of such change at the time notice is published in the legal 756 organ." 757 21 SB 202/AP S. B. 202 - 30 -

SECTION 20. 758 Said chapter is further amended by revising subsections (a) and (b) of Code 759 Section 21-2-266, relating to use of public buildings as polling places, use of portable or 760 movable facilities, and unrestricted access to residential communities, as follows: 761 "(a) In selecting polling places and advance voting locations, the superintendent of a 762 county or the governing authority of a municipality shall select, wherever practicable and 763 consistent with subsection (d) of Code Section 21-2-265, schoolhouses, municipal 764 buildings or rooms, or other public buildings for that purpose. In selecting polling places 765 and advance voting locations, the superintendent of a county or the governing authority of 766 a municipality shall give consideration to the comfort and convenience those places to be 767 selected will provide to both electors and poll officers. School, county, municipal, or other 768 governmental authorities, upon request of the superintendent of a county or the governing 769 authority of a municipality, shall make arrangements for the use of their property for 770 polling places or advance voting locations; provided, however, that such use shall not 771 substantially interfere with the use of such property for the purposes for which it is 772 primarily intended. 773 (b) The superintendent of a county or the governing authority of a municipality shall have 774 discretion to procure and provide portable or movable polling facilities of adequate size for 775 any precinct; provided, however, that buses and other readily movable facilities shall only 776 be used in emergencies declared by the Governor pursuant to Code Section 38-3-51 to 777 supplement the capacity of the polling place where the emergency circumstance occurred." 778 SECTION 20A. 779 Said chapter is further amended by revising subsection (a) of Code Section 21-2-284, relating 780 to form of official primary ballot and attestation regarding receiving value in exchange for 781 vote, as follows: 782 21 SB 202/AP S. B. 202 - 31 -

"(a) In each primary separate official ballots shall be prepared for the political party 783 holding the primary. At the top of each ballot shall be printed in prominent type the words 784 'OFFICIAL PRIMARY BALLOT OF ______________ PARTY FOR,' followed by the 785 name and designation of the precinct for which it is prepared and the name and date of the 786 primary." 787 SECTION 20B. 788 Said chapter is further amended by revising Code Section 21-2-284.1, relating to form of 789 ballot in nonpartisan municipal primaries, as follows: 790 "21-2-284.1. 791 In the case of nonpartisan municipal primaries, the form of the official nonpartisan primary 792 ballot shall conform insofar as practicable to the form of the official primary ballot as 793 detailed in Code Section 21-2-284, including the printing of the name and designation of 794 the precinct on the top of the ballot, except that: 795 (1) The following shall be printed at the top of each ballot in prominent type: 796 'OFFICIAL NONPARTISAN PRIMARY BALLOT OF 797 _______________________ 798 (Name of Municipality)'; 799 (2) There shall be no name or designation of any political organization nor any words, 800 designation, or emblems descriptive of a candidate's political affiliation printed under or 801 after any candidate's name which is printed on the ballot; and 802 (3) The incumbency of a candidate seeking election for the public office he or she then 803 holds shall be indicated on the ballot." 804 21 SB 202/AP S. B. 202 - 32 -

SECTION 20C. 805 Said chapter is further amended by revising subsection (a) of Code Section 21-2-285, relating 806 to form of official election ballot, attestation on receipt of benefit in exchange for vote, and 807 when an election is not required, as follows: 808 "(a) At the top of each ballot for an election shall be printed in prominent type the words 809 'OFFICIAL BALLOT,' followed by the name and designation of the precinct for which it 810 is prepared and the name and date of the election." 811 SECTION 21. 812 Said chapter is further amended by revising Code Section 21-2-285.1, relating to form of 813 ballot, run-off election, and declaration of prevailing candidate in nonpartisan elections, as 814 follows: 815 "21-2-285.1. 816 The names of all candidates for offices which the General Assembly has by general law or 817 local Act provided for election in a nonpartisan election shall be printed on each official 818 primary ballot; and insofar as practicable such offices to be filled in the nonpartisan 819 election shall be separated from the names of candidates for party nomination to other 820 offices by being listed last on each ballot, with the top of that portion of each official 821 primary ballot relating to the nonpartisan election to have printed in prominent type the 822 words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' In addition, there shall be a 823 ballot that contains just the official nonpartisan election ballot available for electors who 824 choose not to vote in a party primary. Such ballot shall have printed at the top the name and 825 designation of the precinct. Directions that explain how to cast a vote, how to write in a 826 candidate, and how to obtain a new ballot after the elector spoils his or her ballot shall 827 appear immediately under the caption, as specified by rule or regulation of the State 828 Election Board. Immediately under the directions, the name of each such nonpartisan 829 candidate shall be arranged alphabetically by last name under the title of the office for 830 21 SB 202/AP S. B. 202 - 33 -

which they are candidates and be printed thereunder. The incumbency of a candidate 831 seeking election for the public office he or she then holds shall be indicated on the ballot. 832 No party designation or affiliation shall appear beside the name of any candidate for 833 nonpartisan office. An appropriate space shall also be placed on the ballot for the casting 834 of write-in votes for such offices. In the event that no candidate in such nonpartisan 835 election receives a majority of the total votes cast for such office, there shall be a 836 nonpartisan election runoff between the candidates receiving the two highest numbers of 837 votes; and the names of such candidates shall be placed on the official ballot at the general 838 primary runoff in the same manner as prescribed in this Code section for the nonpartisan 839 election and there shall be a separate official nonpartisan election runoff run-off ballot for 840 those electors who do not choose or are not eligible to vote in the general primary runoff. 841 In the event that only nonpartisan candidates are to be placed on a run-off ballot, the form 842 of the ballot shall be as prescribed by the Secretary of State or election superintendent in 843 essentially the same format as prescribed for the nonpartisan election. Except as provided 844 in subsection (g) of Code Section 21-2-134, the The candidate having a majority of the 845 votes cast in the nonpartisan election or the candidate receiving the highest number of votes 846 cast in the nonpartisan election runoff shall be declared duly elected to such office." 847 SECTION 21A. 848 Said chapter is further amended by revising paragraph (3) of subsection (b) of Code 849 Section 21-2-286, relating to printing specifications, numbering, and binding of ballots, as 850 follows: 851 "(3) Ballots printed by an electronic ballot marker shall be designed as prescribed by the 852 Secretary of State to ensure ease of reading by electors, provided that each ballot shall 853 have the name and designation of the precinct printed at the top." 854 21 SB 202/AP S. B. 202 - 34 -

SECTION 21B. 855 Said chapter is further amended by revising Code Section 21-2-287, relating to form of 856 absentee ballot, as follows: 857 "21-2-287. 858 The form for the absentee ballot shall be in substantially the same form as the official 859 ballots used in the precincts, except it shall be printed with only the name stub and without 860 a number strip and may shall have the precinct name and designation printed or stamped 861 thereon." 862 SECTION 22. 863 Said chapter is further amended by revising subsection (b) of Code Section 21-2-367, relating 864 to installation of systems, number of systems, and good working order, as follows: 865 "(b)(1) In each precinct in which optical scanning voting systems are used in a state-wide 866 general election, the county or municipal governing authority, as appropriate, election 867 superintendent shall provide at least one voting booth or enclosure for each 250 electors 868 therein, or fraction thereof. 869 (2) For any other primary, election, or runoff, the county or municipal election 870 superintendent may provide a greater or lesser number of voting booths or enclosures if, 871 after a thorough consideration of the type of election, expected turnout, the number of 872 electors who have already voted by advance voting or absentee ballot, and other relevant 873 factors that inform the appropriate amount of equipment needed, such superintendent 874 determines that a different amount of equipment is needed or sufficient. Such 875 determination shall be subject to the provisions of Code Section 21-2-263." 876 21 SB 202/AP S. B. 202 - 35 -

SECTION 23. 877 Said chapter is further amended by revising Code Section 21-2-372, relating to ballot 878 description, as follows: 879 "21-2-372. 880 Ballots shall be of suitable design, size, and stock to permit processing by a ballot scanner 881 and shall be printed in black ink on clear, white, or colored material. Other than ballots 882 delivered electronically to qualified electors who are entitled to vote by absentee ballot 883 under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 884 Section 20301, et seq., the ballots shall be printed on security paper that incorporates 885 features which can be used to authenticate the ballot as an official ballot but which do not 886 make the ballot identifiable to a particular elector." 887 SECTION 23A. 888 Said chapter is further amended in Code Section 21-2-379.23, relating to requirements for 889 ballot display for electronic ballot markers, role of Secretary of State, and printed paper 890 ballot controls during recount, by adding a new subsection to read as follows: 891 "(e) Each ballot printed by an electronic ballot marker shall include the name and 892 designation of the precinct at the top." 893 SECTION 24. 894 Said chapter is further amended by revising subsection (c) of Code Section 21-2-379.25, 895 relating to programming for ballot design and style, verification, appointment of custodians, 896 and role of custodians, as follows: 897 "(c) On or before the third day preceding a primary or election, including special primaries, 898 special elections, and referendum elections, the superintendent shall have each electronic 899 ballot marker tested to ascertain that it will correctly record the votes cast for all offices and 900 on all questions and produce a ballot reflecting such choices of the elector in a manner that 901 21 SB 202/AP S. B. 202 - 36 -

the State Election Board shall prescribe by rule or regulation. Public notice of the time and 902 place of the test shall be made at least five days prior thereto; provided, however, that, in 903 the case of a runoff, the public notice shall be made at least three days prior thereto. The 904 superintendent of each county or municipality shall publish such notice on the homepage 905 of the county's or municipality's publicly accessible website associated with elections, if 906 the county or municipality maintains a publicly accessible website, and in a newspaper of 907 general circulation in the county or municipality and by posting in a prominent location in 908 the county or municipality. Such notice shall state the date, time, and place or places where 909 preparation and testing of the voting system components for use in the primary or election 910 will commence, that such preparation and testing shall continue from day to day until 911 complete, and that representatives Representatives of political parties and bodies, news 912 media, and the public shall be permitted to observe such tests. The superintendent of the 913 county or municipality shall also provide such notice to the Secretary of State who shall 914 publish on his or her website the information received from superintendents stating the 915 dates, times, and locations for preparation and testing of voting system components. 916 However, such representatives of political parties and bodies, news media, and the public 917 shall not in any manner interfere with the preparation and testing of voting system 918 components. The advertisement in the newspaper of general circulation shall be 919 prominently displayed, shall not be less than 30 square inches, and shall not be placed in 920 the section of the newspaper where legal notices appear." 921 SECTION 25. 922 Said chapter is further amended by revising Code Section 21-2-381, relating to making of 923 application for absentee ballot, determination of eligibility by ballot clerk, furnishing of 924 applications to colleges and universities, and persons entitled to make application, as follows: 925 "21-2-381. 926 21 SB 202/AP S. B. 202 - 37 -

(a)(1)(A) Except as otherwise provided in Code Section 21-2-219 or for advance 927 voting described in subsection (d) of Code Section 21-2-385, not more earlier than 180 928 78 days or less than 11 days prior to the date of the primary or election, or runoff of 929 either, in which the elector desires to vote, any absentee elector may make, either by 930 mail, by facsimile transmission, by electronic transmission, or in person in the 931 registrar's or absentee ballot clerk's office, an application for an official ballot of the 932 elector's precinct to be voted at such primary, election, or runoff. To be timely 933 received, an application for an absentee-by-mail ballot shall be received by the board 934 of registrars or absentee ballot clerk no later than 11 days prior to the primary, election, 935 or runoff. For advance voting in person, the application shall be made within the time 936 period set forth in subsection (d) of Code Section 21-2-385. 937 (B) In the case of an elector residing temporarily out of the county or municipality or 938 a physically disabled elector residing within the county or municipality, the application 939 for the elector's absentee ballot may, upon satisfactory proof of relationship, be made 940 by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, 941 daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, 942 father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. 943 (C)(i) Any person applying for an absentee-by-mail ballot shall make application in 944 writing on the form made available by the Secretary of State. In order to confirm the 945 identity of the voter, such form shall require the elector to provide his or her name, 946 date of birth, address as registered, address where the elector wishes the ballot to be 947 mailed, and the number of his or her Georgia driver's license or identification card 948 issued pursuant to Article 5 of Chapter 5 of Title 40. If such elector does not have a 949 Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 5 950 of Title 40, the elector shall affirm this fact in the manner prescribed in the application 951 and the elector shall provide a copy of a form of identification listed in subsection (c) 952 of Code Section 21-2-417. The form made available by the Secretary of State shall 953 21 SB 202/AP S. B. 202 - 38 -

include a space to affix a photocopy or electronic image of such identification. The 954 Secretary of State shall develop a method to allow secure electronic transmission of 955 such form. The application shall be in writing and shall contain sufficient information 956 for proper identification of the elector; the permanent or temporary address of the 957 elector to which the absentee ballot shall be mailed; also include the identity of the 958 primary, election, or runoff in which the elector wishes to vote; and the name and 959 relationship of the person requesting the ballot if other than the elector; and an oath 960 for the elector or relative to write his or her usual signature with a pen and ink 961 affirming that the elector is a qualified Georgia elector and the facts presented on the 962 application are true. Submitting false information on an application for an absentee 963 ballot shall be a violation of Code Sections 21-2-560 and 21-2-571. 964 (ii) A blank application for an absentee ballot shall be made available online by the 965 Secretary of State and each election superintendent and registrar, but neither the 966 Secretary of State, election superintendent, board of registrars, other governmental 967 entity, nor employee or agent thereof shall send absentee ballot applications directly 968 to any elector except upon request of such elector or a relative authorized to request 969 an absentee ballot for such elector. No person or entity other than a relative 970 authorized to request an absentee ballot for such elector or a person signing as 971 assisting an illiterate or physically disabled elector shall send any elector an absentee 972 ballot application that is prefilled with the elector's required information set forth in 973 this subparagraph. No person or entity other than the elector, a relative authorized to 974 request an absentee ballot for such elector, a person signing as assisting an illiterate 975 or physically disabled elector with his or her application, a common carrier charged 976 with returning the ballot application, an absentee ballot clerk, a registrar, or a law 977 enforcement officer in the course of an investigation shall handle or return an elector's 978 completed absentee ballot application. Handling a completed absentee ballot 979 application by any person or entity other than as allowed in this subsection shall be 980 21 SB 202/AP S. B. 202 - 39 -

a misdemeanor. Any application for an absentee ballot sent to any elector by any 981 person or entity shall utilize the form of the application made available by the 982 Secretary of State and shall clearly and prominently disclose on the face of the form: 983 'This is NOT an official government publication and was NOT provided to you 984 by any governmental entity and this is NOT a ballot. It is being distributed by 985 [insert name and address of person, organization, or other entity distributing such 986 document or material].' 987 (iii) The disclaimer required by division (ii) of this subparagraph shall be: 988 (I) Of sufficient font size to be clearly readable by the recipient of the 989 communication; 990 (II) Be contained in a printed box set apart from the other contents of the 991 communication; and 992 (III) Be printed with a reasonable degree of color contrast between the background 993 and the printed disclaimer. 994 (D) Except in the case of physically disabled electors residing in the county or 995 municipality or electors in custody in a jail or other detention facility in the county or 996 municipality, no absentee ballot shall be mailed to an address other than the permanent 997 mailing address of the elector as recorded on the elector's voter registration record or 998 a temporary out-of-county or out-of-municipality address. Upon request, electors held 999 in jails or other detention facilities who are eligible to vote shall be granted access to 1000 the necessary personal effects for the purpose of applying for and voting an absentee 1001 ballot pursuant to this chapter. 1002 (E) Relatives applying for absentee ballots for electors must also sign an oath stating 1003 that facts in the application are true. 1004 (F) If the elector is unable to fill out or sign such elector's own application because of 1005 illiteracy or physical disability, the elector shall make such elector's mark, and the 1006 21 SB 202/AP S. B. 202 - 40 -

person filling in the rest of the application shall sign such person's name below it as a 1007 witness. 1008 (G) Any elector meeting criteria of advance age or disability specified by rule or 1009 regulation of the State Election Board or any elector who is entitled to vote by absentee 1010 ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 1011 U.S.C. Section 1973ff, et seq., as amended, may request in writing on one application 1012 a ballot for a presidential preference primary held pursuant to Article 5 of this chapter 1013 and for a primary as well as for any runoffs resulting therefrom and for the election for 1014 which such primary shall nominate candidates as well as any runoffs resulting 1015 therefrom. If not so requested by such person, a separate and distinct application shall 1016 be required for each primary, run-off primary, election, and run-off election. Except 1017 as otherwise provided in this subparagraph, a separate and distinct application for an 1018 absentee ballot shall always be required for any special election or special primary. 1019 (2) A properly executed registration card submitted under the provisions of 1020 subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or 1021 election in which the registrant is entitled to vote, shall be considered to be an application 1022 for an absentee ballot under this Code section, or for a special absentee ballot under Code 1023 Section 21-2-381.1, as appropriate. 1024 (3)(A) All persons or entities, other than the Secretary of State, election 1025 superintendents, boards of registrars, and absentee ballot clerks, that send applications 1026 for absentee ballots to electors in a primary, election, or runoff shall mail such 1027 applications only to individuals who have not already requested, received, or voted an 1028 absentee ballot in the primary, election, or runoff. Any such person or entity shall 1029 compare its mail distribution list with the most recent information available about 1030 which electors have requested, been issued, or voted an absentee ballot in the primary, 1031 election, or runoff and shall remove the names of such electors from its mail 1032 distribution list. A person or entity shall not be liable for any violation of this 1033 21 SB 202/AP S. B. 202 - 41 -

subparagraph if such person or entity relied upon information made available by the 1034 Secretary of State within five business days prior to the date such applications are 1035 mailed. 1036 (B) A person or entity in violation of subparagraph (A) of this paragraph shall be 1037 subject to sanctions by the State Election Board which, in addition to all other possible 1038 sanctions, may include requiring such person or entity to pay restitution to each affected 1039 county or municipality in an amount up to $100.00 per duplicate absentee ballot 1040 application that is processed by the county or municipality due to such violation or the 1041 actual cost incurred by each affected county or municipality for the processing of such 1042 duplicate absentee ballot applications. Reserved. 1043 (4) In extraordinary circumstances as described in Code Section 21-2-543.1, the registrar 1044 or absentee ballot clerk shall determine if the applicants are eligible to vote under this 1045 Code section and shall either mail or issue the absentee ballots for the election for 1046 representative in the United States Congress to an individual entitled to make application 1047 for absentee ballot under subsection (d) of this Code section the same day any such 1048 application is received, so long as the application is received by 3:00 P.M., otherwise no 1049 later than the next business day following receipt of the application. Any valid absentee 1050 ballot shall be accepted and processed so long as the ballot is received by the registrar or 1051 absentee ballot clerk not later than 45 days after the ballot is transmitted to the absent 1052 uniformed services voter or overseas voter, but in no event later than 11 days following 1053 the date of the election. 1054 (b)(1) Upon receipt of a timely application for an absentee ballot, a registrar or absentee 1055 ballot clerk shall enter thereon the date received. The registrar or absentee ballot clerk 1056 shall verify the identity of the applicant and determine, in accordance with the provisions 1057 of this chapter, if the applicant is eligible to vote in the primary or election involved. In 1058 order to be found eligible to vote an absentee ballot by mail verify the identity of the 1059 applicant, the registrar or absentee ballot clerk shall compare the identifying information 1060 21 SB 202/AP S. B. 202 - 42 -

applicant's name, date of birth, and number of his or her Georgia driver's license or 1061 identification card issued pursuant to Article 5 of Chapter 5 of Title 40 on the application 1062 with the information on file in the registrar's office and, if the application is signed by the 1063 elector, compare the signature or mark of the elector on the application with the signature 1064 or mark of the elector on the elector's voter registration card. If the application does not 1065 contain the number of the applicant's Georgia driver's license or identification card issued 1066 pursuant to Article 5 of Chapter 5 of Title 40, the registrar or absentee ballot clerk shall 1067 verify that the identification provided with the application identifies the applicant. In 1068 order to be found eligible to vote an absentee ballot in person at the registrar's office or 1069 absentee ballot clerk's office, such person shall show one of the forms of identification 1070 listed in Code Section 21-2-417 and the registrar or absentee ballot clerk shall compare 1071 the identifying information on the application with the information on file in the 1072 registrar's office. 1073 (2) If found eligible, the registrar or absentee ballot clerk shall certify by signing in the 1074 proper place on the application and then: 1075 (A) Shall mail the ballot as provided in this Code section; 1076 (B) If the application is made in person, shall issue the ballot to the elector within the 1077 confines of the registrar's or absentee ballot clerk's office as required by Code 1078 Section 21-2-383 if the ballot is issued during the advance voting period established 1079 pursuant to subsection (d) of Code Section 21-2-385; or 1080 (C) May deliver the ballot in person to the elector if such elector is confined to a 1081 hospital. 1082 (3) If found ineligible or if the application is not timely received, the clerk or the board 1083 of registrars shall deny the application by writing the reason for rejection in the proper 1084 space on the application and shall promptly notify the applicant in writing of the ground 1085 of ineligibility, a copy of which notification should be retained on file in the office of the 1086 board of registrars or absentee ballot clerk for at least one year. However, an absentee 1087 21 SB 202/AP S. B. 202 - 43 -

ballot application shall not be rejected solely due to an apparent a mismatch between the 1088 signature identifying information of the elector on the application and the signature 1089 identifying information of the elector on file with the board of registrars. In such cases, 1090 the board of registrars or absentee ballot clerk shall send the elector a provisional 1091 absentee ballot with the designation 'Provisional Ballot' on the outer oath envelope and 1092 information prepared by the Secretary of State as to the process to be followed to cure the 1093 signature discrepancy. If such ballot is returned to the board of registrars or absentee 1094 ballot clerk prior to the closing of the polls on the day of the primary or election, the 1095 elector may cure the signature discrepancy by submitting an affidavit to the board of 1096 registrars or absentee ballot clerk along with a copy of one of the forms of identification 1097 enumerated in subsection (c) of Code Section 21-2-417 before the close of the period for 1098 verifying provisional ballots contained in subsection (c) of Code Section 21-2-419. If the 1099 board of registrars or absentee ballot clerk finds the affidavit and identification to be 1100 sufficient, the absentee ballot shall be counted as other absentee ballots. If the board of 1101 registrars or absentee ballot clerk finds the affidavit and identification to be insufficient, 1102 then the procedure contained in Code Section 21-2-386 shall be followed for rejected 1103 absentee ballots. 1104 (4) If the registrar or clerk is unable to determine the identity of the elector from 1105 information given on the application or if the application is not complete or if the oath on 1106 the application is not signed, the registrar or clerk should promptly write contact the 1107 elector in writing to request the necessary additional information and a signed copy of the 1108 oath. 1109 (5) In the case of an unregistered applicant who is eligible to register to vote, the clerk 1110 or the board shall immediately mail a blank registration card as provided by Code 1111 Section 21-2-223, and such applicant, if otherwise qualified, shall be deemed eligible to 1112 vote by absentee ballot in such primary or election, if the registration card, properly 1113 completed, is returned to the clerk or the board on or before the last day for registering 1114 21 SB 202/AP S. B. 202 - 44 -

to vote in such primary or election. If the closing date for registration in the primary or 1115 election concerned has not passed, the clerk or registrar shall also mail a ballot to the 1116 applicant, as soon as it is prepared and available; and the ballot shall be cast in such 1117 primary or election if returned to the clerk or board not later than the close of the polls 1118 on the day of the primary or election concerned. 1119 (c) In those counties or municipalities in which the absentee ballot clerk or board of 1120 registrars provides application forms for absentee ballots, the clerk or board shall provide 1121 such quantity of the application form to the dean of each college or university located in 1122 that county as said dean determines necessary for the students of such college or university. 1123 (d)(1) A citizen of the United States permanently residing outside the United States is 1124 entitled to make application for an absentee ballot from Georgia and to vote by absentee 1125 ballot in any election for presidential electors and United States senator or representative 1126 in Congress: 1127 (A) If such citizen was last domiciled in Georgia immediately before his or her 1128 departure from the United States; and 1129 (B) If such citizen could have met all qualifications, except any qualification relating 1130 to minimum voting age, to vote in federal elections even though, while residing outside 1131 the United States, he or she does not have a place of abode or other address in Georgia. 1132 (2) An individual is entitled to make application for an absentee ballot under paragraph 1133 (1) of this subsection even if such individual's intent to return to Georgia may be 1134 uncertain, as long as: 1135 (A) He or she has complied with all applicable Georgia qualifications and requirements 1136 which are consistent with 42 U.S.C. Section 1973ff concerning absentee registration for 1137 and voting by absentee ballots; 1138 (B) He or she does not maintain a domicile, is not registered to vote, and is not voting 1139 in any other state or election district of a state or territory or in any territory or 1140 possession of the United States; and 1141 21 SB 202/AP S. B. 202 - 45 -

(C) He or she has a valid passport or card of identity and registration issued under the 1142 authority of the Secretary of State of the United States or, in lieu thereof, an alternative 1143 form of identification consistent with 42 U.S.C. Section 1973ff and applicable state 1144 requirements, if a citizen does not possess a valid passport or card of identity and 1145 registration. 1146 (e) The State Election Board is authorized to promulgate reasonable rules and regulations 1147 for the implementation of paragraph (1) of subsection (a) of this Code section. Said rules 1148 and regulations may include provisions for the limitation of opportunities for fraudulent 1149 application, including, but not limited to, comparison of voter registration records with 1150 death certificates." 1151 SECTION 26. 1152 Said chapter is further amended by revising Code Section 21-2-382, relating to additional 1153 sites as additional registrar's office or place of registration for absentee ballots, as follows: 1154 "21-2-382. 1155 (a) Any other provisions of this chapter to the contrary notwithstanding, the board of 1156 registrars may establish additional sites as additional registrar's offices or places of 1157 registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and 1158 for the purpose of voting absentee ballots advance voting under Code Section 21-2-385, 1159 provided that any such site is a building that is a branch of the county courthouse, a 1160 courthouse annex, a government service center providing general government services, 1161 another government building generally accessible to the public, or a location building that 1162 is used as an election day polling place, notwithstanding that such location building is not 1163 a government building. 1164 (b) Any other provisions of this chapter to the contrary notwithstanding, in all counties of 1165 this state having a population of 550,000 or more according to the United States decennial 1166 census of 1990 or any future such census, any building that is a branch of the county 1167 21 SB 202/AP S. B. 202 - 46 -

courthouse or courthouse annex established within any such county shall be an additional 1168 registrar's or absentee ballot clerk's office or place of registration for the purpose of 1169 receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting 1170 absentee ballots advance voting under Code Section 21-2-385. 1171 (c)(1) A board of registrars or absentee ballot clerk shall establish at least one drop box 1172 as a means for absentee by mail electors to deliver their ballots to the board of registrars 1173 or absentee ballot clerk. A board of registrars or absentee ballot clerk may establish 1174 additional drop boxes, subject to the limitations of this Code section, but may only 1175 establish additional drop boxes totaling the lesser of either one drop box for every 1176 100,000 active registered voters in the county or the number of advance voting locations 1177 in the county. Any additional drop boxes shall be evenly geographically distributed by 1178 population in the county. Drop boxes established pursuant to this Code section shall be 1179 established at the office of the board of registrars or absentee ballot clerk or inside 1180 locations at which advance voting, as set forth in subsection (d) of Code 1181 Section 21-2-385, is conducted in the applicable primary, election, or runoff and may be 1182 open during the hours of advance voting at that location. Such drop boxes shall be closed 1183 when advance voting is not being conducted at that location. All drop boxes shall be 1184 closed when the advance voting period ends, as set forth in subsection (d) of Code 1185 Section 21-2-385. The drop box location shall have adequate lighting and be under 1186 constant surveillance by an election official or his or her designee, law enforcement 1187 official, or licensed security guard. During an emergency declared by the Governor 1188 pursuant to Code Section 38-3-51, drop boxes may be located outside the office of the 1189 board of registrars or absentee ballot clerk or outside of locations at which advance voting 1190 is taking place, subject to the other limitations of this Code section. 1191 (2) The opening slot of a drop box shall not allow ballots to be tampered with or 1192 removed and shall be designed to minimize the ability for liquid or other substances that 1193 may damage ballots to be poured into the drop box. A drop box shall be labeled 1194 21 SB 202/AP S. B. 202 - 47 -

"OFFICIAL ABSENTEE BALLOT DROP BOX" and shall clearly display the signage 1195 developed by the Secretary of State pertaining to Georgia law with regard to who is 1196 allowed to return absentee ballots and destroying, defacing, or delaying delivery of 1197 ballots. 1198 (3) The board of registrars or absentee ballot clerk shall arrange for the collecting and 1199 return of ballots deposited at each drop box at the conclusion of each day where advance 1200 voting takes place. Collection of ballots from a drop box shall be made by a team of at 1201 least two people. Any person collecting ballots from a drop box shall have sworn an oath 1202 in the same form as the oath for poll officers set forth in Code Section 21-2-95. The 1203 collection team shall complete and sign a ballot transfer form upon removing the ballots 1204 from the drop box which shall include the date, time, location, number of ballots, 1205 confirmation that the drop box was locked after the removal of the ballots, and the 1206 identity of each person collecting the ballots. The collection team shall then immediately 1207 transfer the ballots to the board of registrars or absentee ballot clerk, who shall process 1208 and store the ballots in the same manner as absentee ballots returned by mail are 1209 processed and stored. The board of registrars, absentee ballot clerk, or a designee of the 1210 board of registrars or absentee ballot clerk shall sign the ballot transfer form upon receipt 1211 of the ballots from the collection team. Such form shall be considered a public record 1212 pursuant to Code Section 50-18-70. 1213 (4) At the beginning of voting at each advance location where a drop box is present, the 1214 manager of the advance voting location shall open the drop box and confirm on the 1215 reconciliation form for that advance voting location that the drop box is empty. If the 1216 drop box is not empty, the manager shall secure the contents of the drop box and 1217 immediately inform the election superintendent, board of registrars, or absentee ballot 1218 clerk, who shall inform the Secretary of State." 1219 21 SB 202/AP S. B. 202 - 48 -

SECTION 27. 1220 Said chapter is further amended by revising Code Section 21-2-384, relating to preparation 1221 and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting 1222 absentee electors, master list of ballots sent, challenges, and electronic transmission of 1223 ballots, as follows: 1224 "21-2-384. 1225 (a)(1) The superintendent shall, in consultation with the board of registrars or absentee 1226 ballot clerk, prepare, obtain, and deliver before the date specified in paragraph (2) of this 1227 subsection an adequate supply of official absentee ballots to the board of registrars or 1228 absentee ballot clerk for use in the primary or election or as soon as possible prior to a 1229 runoff. Envelopes and other supplies as required by this article may be ordered by the 1230 superintendent, the board of registrars, or the absentee ballot clerk for use in the primary 1231 or election. 1232 (2) The board of registrars or absentee ballot clerk shall mail or issue official absentee 1233 ballots to all eligible applicants not more than 49 29 days but not less than 45 25 days 1234 prior to any presidential preference primary, general primary other than a municipal 1235 general primary, general election other than a municipal general election, or special 1236 primary or special election in which there is a candidate for a federal office on the ballot; 1237 22 days prior to any municipal general primary or municipal general election; and as soon 1238 as possible prior to any runoff. In the case of all other special primaries or special 1239 elections, the board of registrars or absentee ballot clerk shall mail or issue official 1240 absentee ballots to all eligible applicants within three days after the receipt of such ballots 1241 and supplies, but no earlier than 22 days prior to the election; provided, however, that 1242 should official absentee ballots shall be issued to any elector of the jurisdiction be 1243 permitted to vote by absentee ballot who is entitled to vote by absentee ballot under the 1244 federal Uniformed and Overseas Citizen Absentee Voting Act, 52 U.S.C. Section 20301, 1245 et seq., as amended, beginning 49 days prior to a federal primary or election, all eligible 1246 21 SB 202/AP S. B. 202 - 49 -

applicants of such jurisdiction shall be entitled to vote by absentee ballot beginning 49 1247 days prior to such primary or election and not later than 45 days prior to a federal primary 1248 or election. As additional applicants who submitted timely applications for an absentee 1249 ballot are determined to be eligible, the board or clerk shall mail or issue official absentee 1250 ballots to such additional applicants immediately upon determining their eligibility; 1251 provided, however, that no absentee ballot shall be mailed by the registrars or absentee 1252 ballot clerk on the day prior to a primary or election and provided, further, that no 1253 absentee ballot shall be issued on the day prior to a primary or election. For all timely 1254 received applications for absentee ballots, the board of registrars or absentee ballot clerk 1255 shall mail or issue absentee ballots, provisional absentee ballots, and notices of rejection 1256 as soon as possible upon determining their eligibility within the time periods set forth in 1257 this subsection. During the period for advance voting set forth in Code Section 21-2-385, 1258 the board of registrars or absentee ballot clerk shall make such determinations and mail 1259 or issue absentee ballots, provisional absentee ballots, and notices of rejection of 1260 application within three days after receiving a timely application for an absentee ballot. 1261 The board of registrars or absentee ballot clerk shall, within the same time periods 1262 specified in this subsection, electronically transmit official absentee ballots to all electors 1263 who have requested to receive their official absentee ballot electronically and are entitled 1264 to vote such absentee ballot under the federal Uniformed and Overseas Citizens Absentee 1265 Voting Act, 42 U.S.C. Section 1973ff 52 U.S.C. Section 20301, et seq., as amended. 1266 (3) The date a ballot is voted in the registrar's or absentee ballot clerk's office or the date 1267 a ballot is mailed or issued to an elector and the date it is returned shall be entered on the 1268 application record therefor. 1269 (4) Notwithstanding any other provision of this chapter, an elector confined in a hospital 1270 may make application for an absentee ballot The delivery of an absentee ballot to a 1271 person confined in a hospital may be made by the registrar or clerk on the day of a 1272 primary or election or during a five-day ten-day period immediately preceding the day 1273 21 SB 202/AP S. B. 202 - 50 -

of such primary or election. Such application shall immediately be processed and, if such 1274 applicant is determined to be eligible, the board of registrars or absentee ballot clerk may 1275 deliver the absentee ballot to such elector. 1276 (5) In the event an absentee ballot which has been mailed by the board of registrars or 1277 absentee ballot clerk is not received by the applicant, the applicant may notify the board 1278 of registrars or absentee ballot clerk and sign an affidavit stating that the absentee ballot 1279 has not been received. The board of registrars or absentee ballot clerk shall then issue a 1280 second absentee ballot to the applicant and cancel the original ballot issued. The affidavit 1281 shall be attached to the original application. A second application for an absentee ballot 1282 shall not be required. 1283 (b) Except for ballots voted within the confines of the registrar's or absentee ballot clerk's 1284 office, in addition to the mailing envelope addressed to the elector, the superintendent, 1285 board of registrars, or absentee ballot clerk shall provide two envelopes for each official 1286 absentee ballot, of such size and shape as shall be determined by the Secretary of State, in 1287 order to permit the placing of one within the other and both within the mailing envelope. 1288 On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed 1289 the words 'Official Absentee Ballot' and nothing else. On the back of the The larger of the 1290 two envelopes to be enclosed within the mailing envelope shall be printed contain the form 1291 of oath of the elector and the oath for persons assisting electors, as provided for in Code 1292 Section 21-2-409, and the penalties provided for in Code Sections 21-2-568, 21-2-573, 1293 21-2-579, and 21-2-599 for violations of oaths; and on a place for the elector to print his 1294 or her name; a signature line; a space for the elector to print the number of his or her 1295 Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 5 of 1296 Title 40; a space for the elector to mark to affirm that he or she does not have a Georgia 1297 driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40; 1298 a space for the elector to print his or her date of birth; and a space for the elector to print 1299 the last four digits of his or her social security number, if the elector does not have a 1300 21 SB 202/AP S. B. 202 - 51 -

Georgia driver's license or state identification card issued pursuant to Article 5 of Chapter 5 1301 of Title 40. The envelope shall be designed so that the number of the elector's Georgia 1302 driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40, 1303 the last four digits of the elector's social security number, and the elector's date of birth 1304 shall be hidden from view when the envelope is correctly sealed. Any person other than 1305 the elector who requested the ballot, an authorized person who is assisting the elector 1306 entitled to assistance in voting pursuant to Code Section 21-2-409, an absentee ballot clerk, 1307 registrar, or law enforcement officer in the course of an investigation who knowingly 1308 unseals a sealed absentee ballot envelope shall be guilty of a felony. On the face of such 1309 envelope shall be printed the name and address of the board of registrars or absentee ballot 1310 clerk. The larger of the two envelopes shall also display the elector's name and voter 1311 registration number. The mailing envelope addressed to the elector shall contain the two 1312 envelopes, the official absentee ballot, the uniform instructions for the manner of preparing 1313 and returning the ballot, in form and substance as provided by the Secretary of State, 1314 provisional absentee ballot information, if necessary, and a notice in the form provided by 1315 the Secretary of State of all withdrawn, deceased, and disqualified candidates and any 1316 substitute candidates pursuant to Code Sections 21-2-134 and 21-2-155 and nothing else. 1317 The uniform instructions shall include information specific to the voting system used for 1318 absentee voting concerning the effect of overvoting or voting for more candidates than one 1319 is authorized to vote for a particular office and information concerning how the elector may 1320 correct errors in voting the ballot before it is cast including information on how to obtain 1321 a replacement ballot if the elector is unable to change the ballot or correct the error. The 1322 uniform instructions shall prominently include specific instructions stating that the elector 1323 shall mark his or her ballot in private and sign the oath by writing his or her usual signature 1324 with a pen and ink under penalty of false swearing that the elector has not allowed any 1325 person to observe the marking of his or her ballot other than an authorized person lawfully 1326 assisting the elector if the elector is entitled to assistance, the elector's child under 18 years 1327 21 SB 202/AP S. B. 202 - 52 -

of age, or any child under 12 years of age and that the elector will not permit any 1328 unauthorized person to deliver or return the voted ballot to the board of registrars. The 1329 uniform instructions shall include a list of authorized persons who may deliver or return 1330 the voted ballot to the board of registrars on behalf of the elector as provided in subsection 1331 (a) of Code Section 21-2-385. The uniform instructions shall include the contact 1332 information of the Secretary of State which may be used by the elector to report any 1333 unauthorized person requesting to observe the elector voting his or her ballot or the 1334 elector's voted ballot or any unauthorized person offering to deliver or return the voted 1335 ballot to the board of registrars. 1336 (c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially 1337 the following form: 1338 I, the undersigned, do swear (or affirm) under penalty of false swearing that I am a 1339 citizen of the United States and of the State of Georgia; that I possess the qualifications 1340 of an elector required by the laws of the State of Georgia; that I am entitled to vote in 1341 the precinct containing my residence in the primary or election in which this ballot is 1342 to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed 1343 any other absentee ballot, nor will I mark or mail another absentee ballot for voting in 1344 such primary or election; nor shall I vote therein in person; and that I have read and 1345 understand the instructions accompanying this ballot; and that I have carefully complied 1346 with such instructions in completing this ballot; that I have marked and sealed this 1347 ballot in private and have not allowed any unauthorized person to observe the voting 1348 of this ballot or how this ballot was voted except those authorized under state and 1349 federal law; and that I will not give or transfer this ballot to any person not authorized 1350 by law to deliver or return absentee ballots. I understand that the offer or acceptance 1351 of money or any other object of value to vote for any particular candidate, list of 1352 candidates, issue, or list of issues included in this election constitutes an act of voter 1353 fraud and is a felony under Georgia law. 1354 21 SB 202/AP S. B. 202 - 53 -

________________________ 1355 Signature or Mark of Elector 1356 ________________________ 1357 Printed Name of Elector 1358 Oath of Person Assisting Elector (if any): 1359 I, the undersigned, do swear (or affirm) that I assisted the above-named elector in 1360 marking such elector's absentee ballot as such elector personally communicated such 1361 elector's preference to me; and that such elector is entitled to receive assistance in 1362 voting under provisions of subsection (a) of Code Section 21-2-409. 1363 This, the ______ day of _________, _________. 1364 ____________________________ 1365 Signature of Person Assisting 1366 Elector 1367 ____________________________ 1368 Printed Name of Person 1369 Assisting Elector 1370 Reason for assistance (Check appropriate square): 1371 G Elector is unable to read the English language. 1372 G Elector requires assistance due to physical disability. 1373 The forms upon which such oaths are printed shall contain the following information: 1374 Georgia law provides that any person who knowingly falsifies information so as to 1375 vote illegally by absentee ballot or who illegally gives or receives assistance in voting, 1376 as specified in Code Section 21-2-568 or 21-2-573, shall be guilty of a felony. 1377 21 SB 202/AP S. B. 202 - 54 -

(2) In the case of absent uniformed services or overseas voters, if the presidential 1378 designee under Section 705(b) of the federal Help America Vote Act promulgates a 1379 standard oath for use by such voters, the Secretary of State shall be required to use such 1380 oath on absentee ballot materials for such voters and such oath shall be accepted in lieu 1381 of the oath set forth in paragraph (1) of this subsection. 1382 (d) Each board of registrars or absentee ballot clerk shall maintain for public inspection 1383 a master list, arranged by precincts, setting forth the name and residence of every elector 1384 to whom an official absentee ballot has been sent. Absentee electors whose names appear 1385 on the master list may be challenged by any elector prior to 5:00 P.M. on the day before 1386 the primary or election absentee ballots are to begin being scanned and tabulated. 1387 (e)(1) The election superintendent shall prepare special absentee run-off ballots for 1388 general primaries and general elections for use by qualified electors who are entitled to 1389 vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee 1390 Voting Act, 52 U.S.C. Section 20301, et seq. 1391 (2) Such special absentee run-off ballots for the general primary shall list the titles of all 1392 offices being contested at the general primary and the candidates qualifying for such 1393 general primary for each office and shall permit the elector to vote in the general primary 1394 runoff by indicating his or her order of preference for each candidate for each office. A 1395 separate ballot shall be prepared for each political party, but a qualified elector under this 1396 subsection shall be mailed only the ballot of the political party in whose primary such 1397 elector requests to vote. The Secretary of State shall prepare instructions for use with 1398 such special absentee run-off ballots, including instructions for voting by mail using an 1399 electronically transmitted ballot. Such ballot shall be returned by the elector in the same 1400 manner as other absentee ballots by such electors who are entitled to vote by absentee 1401 ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 1402 U.S.C. Section 20301, et seq. 1403 21 SB 202/AP S. B. 202 - 55 -

(3) Such special absentee run-off ballots for the general election shall list the titles of all 1404 offices being contested at the general election and the candidates qualifying for such 1405 general election for each office and shall permit the elector to vote in the general election 1406 runoff by indicating his or her order of preference for each candidate for each office. 1407 (4) To indicate order of preference for each candidate for each office to be voted on, an 1408 elector shall put the numeral '1' next to the name of the candidate who is the elector's first 1409 choice for such office, the numeral '2' for the elector's second choice, and so forth, in 1410 consecutive numerical order, such that a numeral indicating the elector's preference is 1411 written by the elector next to each candidate's name on the ballot. An elector shall not 1412 be required to indicate preference for more than one candidate for an office if the elector 1413 so chooses. 1414 (5) A special absentee run-off ballot shall be enclosed with each general primary 1415 absentee ballot sent to an elector who is entitled to vote by absentee ballot under the 1416 federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, 1417 et seq., along with instructions on how to cast the special absentee run-off ballot and the 1418 two envelopes to be used in returning such ballot as provided in subsection (b) of this 1419 Code section, provided that the envelopes bear the notation of 'Official Overseas/Military 1420 General Primary Run-off Ballot.' An elector shall be sent only the ballot containing the 1421 candidates of the political party in whose primary such elector desires to vote. 1422 (6) A special absentee run-off ballot shall be enclosed with each general election 1423 absentee ballot sent to an elector entitled to vote by absentee ballot under the federal 1424 Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et seq., 1425 along with instructions on how to cast the special absentee run-off ballot and the two 1426 envelopes to be used in returning such ballot as provided in subsection (b) of this Code 1427 section, provided that the envelopes bear the notation of 'Official Overseas/Military 1428 General Election Run-off Ballot.' The State Election Board shall by rule or regulation 1429 establish procedures for the transmission of blank absentee ballots by mail and by 1430 21 SB 202/AP S. B. 202 - 56 -

electronic transmission for all electors who are entitled to vote by absentee ballot under 1431 the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 1432 Section 20302 20301, et seq., as amended, and by which such electors may designate 1433 whether the elector prefers the transmission of such ballots by mail or electronically, for 1434 use in county, state, and federal primaries, elections, and runoffs in this state and, if the 1435 Secretary of State finds it to be feasible, for use in municipal primaries, elections, and 1436 runoffs. If no preference is stated, the ballot shall be transmitted by mail. The State 1437 Election Board shall by rule or regulation establish procedures to ensure to the extent 1438 practicable that the procedures for transmitting such ballots shall protect the security and 1439 integrity of such ballots and shall ensure that the privacy of the identity and other 1440 personal data of such electors who are entitled to vote by absentee ballot under the federal 1441 Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20302 20301, 1442 et seq., as amended, to whom a blank absentee ballot is transmitted under this Code 1443 section is protected throughout the process of such transmission." 1444 SECTION 28. 1445 Said chapter is further amended by revising subsections (a) and (d) of and adding a new 1446 subsection to Code Section 21-2-385, relating to procedure for voting by absentee ballot and 1447 advance voting, to read as follows: 1448 "(a) At any time after receiving an official absentee ballot, but before the day of the 1449 primary or election, except electors who are confined to a hospital on the day of the 1450 primary or election, the elector shall vote his or her absentee ballot, then fold the ballot and 1451 enclose and securely seal the same in the envelope on which is printed 'Official Absentee 1452 Ballot.' This envelope shall then be placed in the second one, on which is printed the form 1453 of the oath of the elector; the name and oath of the person assisting, if any; and other 1454 required identifying information. The elector shall then fill out, subscribe, and swear to the 1455 oath printed on such envelope. In order to verify that the absentee ballot was voted by the 1456 21 SB 202/AP S. B. 202 - 57 -

elector who requested the ballot, the elector shall print the number of his or her Georgia 1457 driver's license number or identification card issued pursuant to Article 5 of Chapter 5 of 1458 Title 40 in the space provided on the outer oath envelope. The elector shall also print his 1459 or her date of birth in the space provided in the outer oath envelope. If the elector does not 1460 have a Georgia driver's license or state identification card issued pursuant to Article 5 of 1461 Chapter 5 of Title 40, the elector shall so affirm in the space provided on the outer oath 1462 envelope and print the last four digits of his or her social security number in the space 1463 provided on the outer oath envelope. If the elector does not have a Georgia driver's license, 1464 identification card issued pursuant to Article 5 of Chapter 5 of Title 40, or a social security 1465 number, the elector shall so affirm in the space provided on the outer oath envelope and 1466 place a copy of one of the forms of identification set forth in subsection (c) of Code 1467 Section 21-2-417 in the outer envelope. Such envelope shall then be securely sealed and 1468 the elector shall then personally mail or personally deliver same to the board of registrars 1469 or absentee ballot clerk, provided that mailing or delivery may be made by the elector's 1470 mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, 1471 nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, 1472 brother-in-law, sister-in-law, or an individual residing in the household of such elector. 1473 The absentee ballot of a disabled elector may be mailed or delivered by the caregiver of 1474 such disabled elector, regardless of whether such caregiver resides in such disabled 1475 elector's household. The absentee ballot of an elector who is in custody in a jail or other 1476 detention facility may be mailed or delivered by any employee of such jail or facility 1477 having custody of such elector. An elector who is confined to a hospital on a primary or 1478 election day to whom an absentee ballot is delivered by the registrar or absentee ballot 1479 clerk shall then and there vote the ballot, seal it properly, and return it to the registrar or 1480 absentee ballot clerk. If the elector registered to vote for the first time in this state by mail 1481 and has not previously provided the identification required by Code Section 21-2-220 and 1482 votes for the first time by absentee ballot and fails to provide the identification required by 1483 21 SB 202/AP S. B. 202 - 58 -

Code Section 21-2-220 with such absentee ballot, such absentee ballot shall be treated as 1484 a provisional ballot and shall be counted only if the registrars are able to verify the 1485 identification and registration of the elector during the time provided pursuant to Code 1486 Section 21-2-419." 1487 "(d)(1) There shall be a period of advance voting that shall commence: 1488 (A) On the fourth Monday immediately prior to each primary or election; and 1489 (B) On the fourth Monday immediately prior to a runoff from a general primary; 1490 (C) On the fourth Monday immediately prior to a runoff from a general election in 1491 which there are candidates for a federal office on the ballot in the runoff; and 1492 (D)(B) As soon as possible prior to a runoff from any other general primary or election 1493 in which there are only state or county candidates on the ballot in the runoff but no later 1494 than the second Monday immediately prior to such runoff 1495 and shall end on the Friday immediately prior to each primary, election, or runoff. 1496 Voting shall be conducted during normal business hours beginning at 9:00 A.M. and 1497 ending at 5:00 P.M. on weekdays, other than observed state holidays, during such period 1498 and shall be conducted on the second Saturday and third Saturdays during the hours of 1499 9:00 A.M. through 5:00 P.M. and, if the registrar or absentee ballot clerk so chooses, the 1500 second Sunday, the third Sunday, or both the second and third Sundays prior to a primary 1501 or election during the hours of 9:00 A.M. through 4:00 P.M. determined by the registrar 1502 or absentee ballot clerk, but no longer than 7:00 A.M. through 7:00 P.M.; provided, 1503 however, that in primaries and elections in which there are no federal or state candidates 1504 on the ballot, no Saturday voting hours shall be required; and provided, further, that, if 1505 such second Saturday is a public and legal holiday pursuant to Code Section 1-4-1, if 1506 such second Saturday follows a public and legal holiday occurring on the Thursday or 1507 Friday immediately preceding such second Saturday, or if such second Saturday 1508 immediately precedes a public and legal holiday occurring on the following Sunday or 1509 Monday, such advance voting shall not be held on such second Saturday but shall be held 1510 21 SB 202/AP S. B. 202 - 59 -

on the third Saturday prior to such primary or election beginning at 9:00 A.M. and ending 1511 at 5:00 P.M. Except as otherwise provided in this paragraph, counties and municipalities 1512 the registrars may extend the hours for voting beyond regular business hours to permit 1513 advance voting from 7:00 A.M. until 7:00 P.M. and may provide for additional voting 1514 locations pursuant to Code Section 21-2-382 to suit the needs of the electors of the 1515 jurisdiction at their option; provided, however, that voting shall occur only on the days 1516 specified in this paragraph and counties and municipalities shall not be authorized to 1517 conduct advance voting on any other days. 1518 (2) The registrars or absentee ballot clerk, as appropriate, shall provide reasonable notice 1519 to the electors of their jurisdiction of the availability of advance voting as well as the 1520 times, dates, and locations at which advance voting will be conducted. In addition, the 1521 registrars or absentee ballot clerk shall notify the Secretary of State in the manner 1522 prescribed by the Secretary of State of the times, dates, and locations at which advance 1523 voting will be conducted. 1524 (3) The board of registrars shall publish the dates, times, and locations of the availability 1525 of advance voting in its jurisdiction on the homepage of the county's publicly accessible 1526 website associated with elections or registrations, or if the county does not have such a 1527 website, in a newspaper of general circulation, and by posting in a prominent location in 1528 the county, no later than 14 days prior to the beginning of the advance voting period for 1529 a general primary, special primary, general election, or special election and no later than 1530 seven days prior to the beginning of the advance voting period for any run-off election. 1531 Any new advance voting locations added after that deadline shall be published in the 1532 same manner as soon as possible. The board of registrars shall not remove any advance 1533 voting location after the notice of such location is published, except in the case of an 1534 emergency or unavoidable event that renders a location unavailable for use. Any changes 1535 that are made due to an emergency or unavoidable event after a notice of a location has 1536 21 SB 202/AP S. B. 202 - 60 -

been published shall be published as soon as possible in the same manner set forth in this 1537 paragraph. 1538 (e) On each day of an absentee voting period, each county board of registrars or 1539 municipal absentee ballot clerk shall report for the county or municipality to the Secretary 1540 of State and post on the county or municipal website, or if the county or municipality 1541 does not maintain such a website, a place of public prominence in the county or 1542 municipality, not later than 10:00 A.M. on each business day the number of persons to 1543 whom absentee ballots have been issued, the number of persons who have returned 1544 absentee ballots, and the number of absentee ballots that have been rejected. 1545 Additionally, on each day of an advance voting period, each county board of registrars 1546 or municipal absentee ballot clerk shall report to the Secretary of State and post on the 1547 county or municipal website, or if the county or municipality does not maintain such a 1548 website, a place of public prominence in the county or municipality, not later than 10:00 1549 A.M. on each business day the number of persons who have voted at the advance voting 1550 sites in the county or municipality. During the absentee voting period and for a period 1551 of three days following a primary, election, or runoff, each county board of registrars or 1552 municipal absentee ballot clerk shall report to the Secretary of State and post on the 1553 county or municipal website, or if the county or municipality does not maintain such a 1554 website, a place of public prominence in the county or municipality, not later than 10:00 1555 A.M. on each business day the number of persons who have voted provisional ballots, the 1556 number of provisional ballots that have verified or cured and accepted for counting, and 1557 the number of provisional ballots that have been rejected." 1558 SECTION 29. 1559 Said chapter is further amended by revising Code Section 21-2-386, relating to safekeeping, 1560 certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to 1561 21 SB 202/AP S. B. 202 - 61 -

manager, duties of managers, precinct returns, and notification of challenged elector, as 1562 follows: 1563 "21-2-386. 1564 (a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely, unopened, 1565 and stored in a manner that will prevent tampering and unauthorized access all official 1566 absentee ballots received from absentee electors prior to the closing of the polls on the 1567 day of the primary or election except as otherwise provided in this subsection. 1568 (B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the 1569 receipt of the ballot on its envelope. The registrar or clerk shall then compare the 1570 number of the elector's Georgia driver's license number or state identification card 1571 issued pursuant to Article 5 of Chapter 5 of Title 40 and date of birth entered on the 1572 absentee ballot envelope identifying information on the oath with the same information 1573 on file in his or her office, shall compare the signature or mark on the oath with the 1574 signature or mark on the absentee elector's voter registration card or the most recent 1575 update to such absentee elector's voter registration card and application for absentee 1576 ballot or a facsimile of said signature or mark taken from said card or application, and 1577 shall, if the information and signature appear to be valid and other identifying 1578 information appears to be correct, contained in the elector's voter registration records. 1579 If the elector has affirmed on the envelope that he or she does not have a Georgia 1580 driver's license or state identification card issued pursuant to Article 5 of Chapter 5 of 1581 Title 40, the registrar or clerk shall compare the last four digits of the elector's social 1582 security number and date of birth entered on the envelope with the same information 1583 contained in the elector's voter registration records. The registrar or clerk shall also 1584 confirm that the elector signed the oath and the person assisting the elector, if any, 1585 signed the required oath. If the elector has signed the elector's oath, the person assisting 1586 has signed the required oath, if applicable, and the identifying information entered on 1587 the absentee ballot envelope matches the same information contained in the elector's 1588 21 SB 202/AP S. B. 202 - 62 -

voter registration record, the registrar or clerk shall so certify by signing or initialing 1589 his or her name below the voter's oath. Each elector's name so certified shall be listed 1590 by the registrar or clerk on the numbered list of absentee voters prepared for his or her 1591 precinct. 1592 (C) If the elector has failed to sign the oath, or if the signature identifying information 1593 entered on the absentee ballot envelope does not appear to be valid match the same 1594 information appearing in the elector's voter registration record, or if the elector has 1595 failed to furnish required information or information so furnished does not conform 1596 with that on file in the registrar's or clerk's office, or if the elector is otherwise found 1597 disqualified to vote, the registrar or clerk shall write across the face of the envelope 1598 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk 1599 shall promptly notify the elector of such rejection, a copy of which notification shall be 1600 retained in the files of the board of registrars or absentee ballot clerk for at least two 1601 years. Such elector shall have until the end of the period for verifying provisional 1602 ballots contained in subsection (c) of Code Section 21-2-419 to cure the problem 1603 resulting in the rejection of the ballot. The elector may cure a failure to sign the oath, 1604 an invalid signature nonmatching identifying information, or missing information by 1605 submitting an affidavit to the board of registrars or absentee ballot clerk along with a 1606 copy of one of the forms of identification enumerated in subsection (c) of Code 1607 Section 21-2-417 before the close of such period. The affidavit shall affirm that the 1608 ballot was submitted by the elector, is the elector's ballot, and that the elector is 1609 registered and qualified to vote in the primary, election, or runoff in question. If the 1610 board of registrars or absentee ballot clerk finds the affidavit and identification to be 1611 sufficient, the absentee ballot shall be counted. 1612 (D) An elector who registered to vote by mail, but did not comply with subsection (c) 1613 of Code Section 21-2-220, and who votes for the first time in this state by absentee 1614 ballot shall include with his or her application for an absentee ballot or in the outer oath 1615 21 SB 202/AP S. B. 202 - 63 -

envelope of his or her absentee ballot either one of the forms of identification listed in 1616 subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank 1617 statement, government check, paycheck, or other government document that shows the 1618 name and address of such elector. If such elector does not provide any of the forms of 1619 identification listed in this subparagraph with his or her application for an absentee 1620 ballot or with the absentee ballot, such absentee ballot shall be deemed to be a 1621 provisional ballot and such ballot shall only be counted if the registrars are able to 1622 verify current and valid identification of the elector as provided in this subparagraph 1623 within the time period for verifying provisional ballots pursuant to Code 1624 Section 21-2-419. The board of registrars or absentee ballot clerk shall promptly notify 1625 the elector that such ballot is deemed a provisional ballot and shall provide information 1626 on the types of identification needed and how and when such identification is to be 1627 submitted to the board of registrars or absentee ballot clerk to verify the ballot. 1628 (E) Three copies of the numbered list of voters shall also be prepared for such rejected 1629 absentee electors, giving the name of the elector and the reason for the rejection in each 1630 case. Three copies of the numbered list of certified absentee voters and three copies of 1631 the numbered list of rejected absentee voters for each precinct shall be turned over to 1632 the poll manager in charge of counting the absentee ballots and shall be distributed as 1633 required by law for numbered lists of voters. 1634 (F) All absentee ballots returned to the board or absentee ballot clerk after the closing 1635 of the polls on the day of the primary or election shall be safely kept unopened by the 1636 board or absentee ballot clerk and then transferred to the appropriate clerk for storage 1637 for the period of time required for the preservation of ballots used at the primary or 1638 election and shall then, without being opened, be destroyed in like manner as the used 1639 ballots of the primary or election. The board of registrars or absentee ballot clerk shall 1640 promptly notify the elector by first-class mail that the elector's ballot was returned too 1641 late to be counted and that the elector will not receive credit for voting in the primary 1642 21 SB 202/AP S. B. 202 - 64 -

or election. All such late absentee ballots shall be delivered to the appropriate clerk and 1643 stored as provided in Code Section 21-2-390. 1644 (G) Notwithstanding any provision of this chapter to the contrary, until the United 1645 States Department of Defense notifies the Secretary of State that the Department of 1646 Defense has implemented a system of expedited absentee voting for those electors 1647 covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by 1648 eligible absentee electors who reside outside the county or municipality in which the 1649 primary, election, or runoff is held and are members of the armed forces of the United 1650 States, members of the merchant marine of the United States, spouses or dependents of 1651 members of the armed forces or merchant marine residing with or accompanying such 1652 members, or overseas citizens that are postmarked by the date of such primary, election, 1653 or runoff and are received within the three-day period following such primary, election, 1654 or runoff, if proper in all other respects, shall be valid ballots and shall be counted and 1655 included in the certified election results. 1656 (2)(A) Beginning at 8:00 A.M. on the third Monday prior to After the opening of the 1657 polls on the day of the primary, election, or runoff, the registrars or absentee ballot 1658 clerks election superintendent shall be authorized to open the outer oath envelope on 1659 which is printed the oath of the elector of absentee ballots that have been verified and 1660 accepted pursuant to subparagraph (a)(1)(B) of this Code section, in such a manner as 1661 not to destroy the oath printed thereon; provided, however, that the registrars or 1662 absentee ballot clerk shall not be authorized to remove the contents of such outer 1663 envelope, or to open the inner envelope marked 'Official Absentee Ballot,' except as 1664 otherwise provided in this Code section and scan the absentee ballot using one or more 1665 ballot scanners. At least three persons who are registrars, deputy registrars, poll 1666 workers, or absentee ballot clerks must be present before commencing; and three 1667 persons who are registrars, deputy registrars, or absentee ballot clerks shall be present 1668 at all times while the outer absentee ballot envelopes are being opened and the absentee 1669 21 SB 202/AP S. B. 202 - 65 -

ballots are being scanned. After opening the outer envelopes, the ballots shall be safely 1670 and securely stored until the time for tabulating such ballots. However, no person shall 1671 tally, tabulate, estimate, or attempt to tally, tabulate, or estimate or cause the ballot 1672 scanner or any other equipment to produce any tally or tabulate, partial or otherwise, 1673 of the absentee ballots cast until the time for the closing of the polls on the day of the 1674 primary, election, or runoff except as provided in this Code section. Prior to beginning 1675 the process set forth in this paragraph, the superintendent shall provide written notice 1676 to the Secretary of State in writing at least seven days prior to processing and scanning 1677 absentee ballots. Such notice shall contain the dates, start and end times, and location 1678 or locations where absentee ballots will be processed and scanned. The superintendent 1679 shall also post such notice publicly in a prominent location in the superintendent's office 1680 and on the home page of the county election superintendent's website, if the county 1681 election superintendent maintains such a website. The Secretary of State shall publish 1682 on his or her website the information he or she receives from superintendents stating 1683 the dates, times, and locations where absentee ballots will be processed. 1684 (B) The proceedings set forth in this paragraph shall be open to the view of the public, 1685 but no person except one employed and designated by the superintendent shall touch 1686 any ballot or ballot container. Any person involved in processing and scanning 1687 absentee ballots shall swear an oath, in the same form as the oath for poll officers 1688 provided in Code Section 21-2-95, prior to beginning the processing and scanning of 1689 absentee ballots. The county executive committee or, if there is no organized county 1690 executive committee, the state executive committee of each political party and political 1691 body having candidates whose names appear on the ballot for such election shall have 1692 the right to designate two persons and each independent and nonpartisan candidate 1693 whose name appears on the ballot for such election shall have the right to designate one 1694 person to act as monitors for such process. In the event that the only issue to be voted 1695 upon in an election is a referendum question, the superintendent shall also notify in 1696 21 SB 202/AP S. B. 202 - 66 -

writing the chief judge of the superior court of the county who shall appoint two 1697 electors of the county to monitor such process. While viewing or monitoring the 1698 process set forth in this paragraph, monitors and observers shall be prohibited from: 1699 (i) In any way interfering with the processing or scanning of absentee ballots or the 1700 conduct of the election; 1701 (ii) Using or bringing into the room any photographic or other electronic monitoring 1702 or recording devices, cellular telephones, or computers; 1703 (iii) Engaging in any form of campaigning or campaign activity; 1704 (iv) Taking any action that endangers the secrecy and security of the ballots; 1705 (v) Touching any ballot or ballot container; 1706 (vi) Tallying, tabulating, estimating, or attempting to tally, tabulate, or estimate, 1707 whether partial or otherwise, any of the votes on the absentee ballots cast; and 1708 (vii) Communicating any information that they see while monitoring the processing 1709 and scanning of the absentee ballots, whether intentionally or inadvertently, about any 1710 ballot, vote, or selection to anyone other than an election official who needs such 1711 information to lawfully carry out his or her official duties. 1712 (C) The State Election Board shall promulgate rules requiring reconciliation 1713 procedures; prompt and undelayed scanning of ballots after absentee ballot envelopes 1714 are opened; secrecy of election results prior to the closing of the polls on the day of a 1715 primary, election, or runoff; and other protections to protect the integrity of the process 1716 set forth in this paragraph. 1717 (3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on the 1718 day of the primary, election, or runoff open the inner envelopes in accordance with the 1719 procedures prescribed in this subsection and begin tabulating the absentee ballots. If the 1720 county election superintendent chooses to open the inner envelopes and begin tabulating 1721 such ballots prior to the close of the polls on the day of the primary, election, or runoff, 1722 the superintendent shall notify in writing, at least seven days prior to the primary, 1723 21 SB 202/AP S. B. 202 - 67 -

election, or runoff, the Secretary of State of the superintendent's intent to begin the 1724 absentee ballot tabulation prior to the close of the polls. The county executive committee 1725 or, if there is no organized county executive committee, the state executive committee of 1726 each political party and political body having candidates whose names appear on the 1727 ballot for such election in such county shall have the right to designate two persons and 1728 each independent and nonpartisan candidate whose name appears on the ballot for such 1729 election in such county shall have the right to designate one person to act as monitors for 1730 such process. In the event that the only issue to be voted upon in an election is a 1731 referendum question, the superintendent shall also notify in writing the chief judge of the 1732 superior court of the county who shall appoint two electors of the county to monitor such 1733 process. 1734 (4) The county election superintendent shall publish a written notice in the 1735 superintendent's office of the superintendent's intent to begin the absentee ballot 1736 tabulation prior to the close of the polls and publish such notice at least one week prior 1737 to the primary, election, or runoff in the legal organ of the county. 1738 (5) The process for opening the inner absentee ballot envelopes, scanning absentee 1739 ballots, of and tabulating absentee ballots on the day of a primary, election, or runoff as 1740 provided in this subsection shall be a confidential process conducted in a manner to 1741 maintain the secrecy of all ballots and to protect the disclosure of any balloting 1742 information before 7:00 P.M. on election day. No absentee ballots shall be tabulated 1743 before 7:00 A.M. on the day of a primary, election, or runoff. 1744 (6) All persons conducting the tabulation of absentee ballots during the day of a primary, 1745 election, or runoff, including the vote review panel required by Code Section 21-2-483, 1746 and all monitors and observers shall be sequestered until the time for the closing of the 1747 polls. All such persons shall have no contact with the news media; shall have no contact 1748 with other persons not involved in monitoring, observing, or conducting the tabulation; 1749 shall not use any type of communication device including radios, telephones, and cellular 1750 21 SB 202/AP S. B. 202 - 68 -

telephones; shall not utilize computers for the purpose of e-mail email, instant messaging, 1751 or other forms of communication; and shall not communicate any information concerning 1752 the tabulation until the time for the closing of the polls; provided, however, that 1753 supervisory and technical assistance personnel shall be permitted to enter and leave the 1754 area in which the tabulation is being conducted but shall not communicate any 1755 information concerning the tabulation to anyone other than the county election 1756 superintendent; the staff of the superintendent; those persons conducting, observing, or 1757 monitoring the tabulation; and those persons whose technical assistance is needed for the 1758 tabulation process to operate. 1759 (7) The absentee ballots shall be tabulated in accordance with the procedures of this 1760 chapter for the tabulation of absentee ballots. As such ballots are tabulated, they shall be 1761 placed into locked ballot boxes and may be transferred to locked ballot bags, if needed, 1762 for security. The persons conducting the tabulation of the absentee ballots shall not cause 1763 the tabulating equipment to produce any count, partial or otherwise, of the absentee votes 1764 cast until the time for the closing of the polls except as otherwise provided in this Code 1765 section. 1766 (b) When requested by the superintendent, but not earlier than the third Monday prior to 1767 a primary, election, or runoff As soon as practicable after 7:00 A.M. on the day of the 1768 primary, election, or runoff, in precincts other than those in which optical scanning 1769 tabulators are used, a registrar or absentee ballot clerk shall deliver the official absentee 1770 ballot of each certified absentee elector, each rejected absentee ballot, applications for such 1771 ballots, and copies of the numbered lists of certified and rejected absentee electors to the 1772 manager in charge of the absentee ballot precinct of the county or municipality, which shall 1773 be located in the precincts containing the county courthouse or polling place designated by 1774 the municipal superintendent. In those precincts in which optical scanning tabulators are 1775 used, such absentee ballots shall be taken to the tabulation center or other place location 1776 designated by the superintendent, and the superintendent or official receiving such absentee 1777 21 SB 202/AP S. B. 202 - 69 -

ballots shall issue his or her receipt therefor. Except as otherwise provided in this Code 1778 section, in no event shall the counting of the ballots begin before the polls close. 1779 (c) The superintendent shall cause the verified and accepted absentee ballots to be opened 1780 and tabulated as provided in this Code section. A Except as otherwise provided in this 1781 Code section, after the close of the polls on the day of the primary, election, or runoff, a 1782 manager shall then open the outer envelope in such manner as not to destroy the oath 1783 printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in 1784 a ballot box reserved for absentee ballots. In the event that an outer envelope is found to 1785 contain an absentee ballot that is not in an inner envelope, the ballot shall be sealed in an 1786 inner envelope, initialed and dated by the person sealing the inner envelope, and deposited 1787 in the ballot box and counted in the same manner as other absentee ballots, provided that 1788 such ballot is otherwise proper. Such manager with two assistant managers, appointed by 1789 the superintendent, with such clerks as the manager deems necessary shall count the 1790 absentee ballots following the procedures prescribed by this chapter for other ballots, 1791 insofar as practicable, and prepare an election return for the county or municipality 1792 showing the results of the absentee ballots cast in such county or municipality. 1793 (d) All absentee ballots shall be counted and tabulated in such a manner that returns may 1794 be reported by precinct; and separate returns shall be made for each precinct in which 1795 absentee ballots were cast showing the results by each precinct in which the electors reside. 1796 The superintendent shall utilize the procedures set forth in this Code section to ensure that 1797 the returns of verified and accepted absentee ballots cast are reported to the public as soon 1798 as possible following the closing of the polls on the day of the primary, election, or runoff. 1799 Failure to utilize these procedures to ensure that the returns of verified and accepted 1800 absentee ballots are reported as soon as possible following the close of polls shall subject 1801 the superintendent to sanctions by the State Election Board. If a superintendent fails to 1802 report the returns of verified and accepted absentee ballots by the day following the 1803 21 SB 202/AP S. B. 202 - 70 -

election at 5:00 P.M., the State Election Board may convene an independent performance 1804 review board pursuant to Code Section 21-2-107. 1805 (e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall 1806 write 'Challenged,' the elector's name, and the alleged cause of challenge on the outer 1807 envelope and shall deposit the ballot in a secure, sealed ballot box; and it shall be counted 1808 as other challenged ballots are counted. Where direct recording electronic voting systems 1809 are used for absentee balloting and a challenge to an elector's right to vote is made prior to 1810 the time that the elector votes, the elector shall vote on a paper or optical scanning ballot 1811 and such ballot shall be handled as provided in this subsection. The board of registrars or 1812 absentee ballot clerk shall promptly notify the elector of such challenge. 1813 (f) It shall be unlawful at any time prior to the close of the polls for any person to disclose 1814 or for any person to receive any information regarding the results of the tabulation of 1815 absentee ballots except as expressly provided by law." 1816 SECTION 30. 1817 Said chapter is further amended in Code Section 21-2-390, relating to delivery of election 1818 materials to clerk of superior court or city clerk after primary or election and accounting for 1819 ballots by registrars or municipal absentee ballot clerks, by designating the existing text as 1820 subsection (a) and adding a new subsection to read as follows: 1821 "(b) The Secretary of State shall be authorized to inspect and audit the information 1822 contained in the absentee ballot applications or envelopes at his or her discretion at any 1823 time during the 24 month retention period. Such audit may be conducted state wide or in 1824 selected counties or cities and may include the auditing of a statistically significant sample 1825 of the envelopes or a full audit of all of such envelopes. For this purpose, the Secretary of 1826 State or his or her authorized agents shall have access to such envelopes in the custody of 1827 the clerk of superior court or city clerk." 1828 21 SB 202/AP S. B. 202 - 71 -

SECTION 31. 1829 Said chapter is further amended in Code Section 21-2-403, relating to time for opening and 1830 closing of polls, by redesignating the existing text as subsection (a) and adding a new 1831 subsection to read as follows: 1832 "(b) Poll hours at a precinct may be extended only by order of a judge of the superior court 1833 of the county in which the precinct is located upon good cause shown by clear and 1834 convincing evidence that persons were unable to vote at that precinct during a specific 1835 period or periods of time. Poll hours shall not be extended longer than the total amount of 1836 time during which persons were unable to vote at such precinct. Any order extending poll 1837 hours at a precinct beyond 9:00 P.M. shall be by written order with specific findings of fact 1838 supporting such extension." 1839 SECTION 32. 1840 Said chapter is further amended by revising subsections (c) and (e) of Code 1841 Section 21-2-408, relating to poll watchers, designation, duties, removal for interference with 1842 election, reports by poll watchers of infractions or irregularities, and ineligibility of 1843 candidates to serve as poll watchers, as follows: 1844 "(c) In counties or municipalities using direct recording electronic (DRE) voting systems 1845 or optical scanning voting systems, each political party may appoint two poll watchers in 1846 each primary or election, each political body may appoint two poll watchers in each 1847 election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan 1848 election, and each independent candidate may appoint one poll watcher in each election to 1849 serve in the locations designated by the superintendent within the tabulating center. Such 1850 designated locations shall include the check-in area, the computer room, the duplication 1851 area, and such other areas as the superintendent may deem necessary to the assurance of 1852 fair and honest procedures in the tabulating center. The locations designated by the 1853 superintendent shall ensure that each poll watcher can fairly observe the procedures set 1854 21 SB 202/AP S. B. 202 - 72 -

forth in this Code section. The poll watchers provided for in this subsection shall be 1855 appointed and serve in the same manner as other poll watchers." 1856 "(e) No person shall be appointed or be eligible to serve as a poll watcher in any primary 1857 or election in which such person is a candidate. No person shall be eligible to serve as a 1858 poll watcher unless he or she has completed training provided by the political party, 1859 political body, or candidate designating the poll watcher. Upon request, the Secretary of 1860 State shall make available material to each political party, political body, or candidate that 1861 can be utilized in such training but it shall be the responsibility of the political party, 1862 political body, or candidate designating the poll watcher to instruct poll watchers in their 1863 duties and in applicable laws and rules and regulations. Each political party, political body, 1864 or candidate shall, in their written designation of poll watchers, certify under oath that the 1865 named poll watchers have completed the training required by this Code section." 1866 SECTION 33. 1867 Said chapter is further amended by revising subsections (a) and (e) of Code 1868 Section 21-2-414, relating to restrictions on campaign activities and public opinion polling 1869 within the vicinity of a polling place, cellular phone use prohibited, prohibition of candidates 1870 from entering certain polling places, and penalty, as follows: 1871 "(a) No person shall solicit votes in any manner or by any means or method, nor shall any 1872 person distribute or display any campaign material, nor shall any person give, offer to give, 1873 or participate in the giving of any money or gifts, including, but not limited to, food and 1874 drink, to an elector, nor shall any person solicit signatures for any petition, nor shall any 1875 person, other than election officials discharging their duties, establish or set up any tables 1876 or booths on any day in which ballots are being cast: 1877 (1) Within 150 feet of the outer edge of any building within which a polling place is 1878 established; 1879 (2) Within any polling place; or 1880 21 SB 202/AP S. B. 202 - 73 -

(3) Within 25 feet of any voter standing in line to vote at any polling place. 1881 These restrictions shall not apply to conduct occurring in private offices or areas which 1882 cannot be seen or heard by such electors." 1883 "(e) This Code section shall not be construed to prohibit a poll officer from distributing 1884 materials, as required by law, which are necessary for the purpose of instructing electors 1885 or from distributing materials prepared by the Secretary of State which are designed solely 1886 for the purpose of encouraging voter participation in the election being conducted or from 1887 making available self-service water from an unattended receptacle to an elector waiting in 1888 line to vote." 1889 SECTION 34. 1890 Said chapter is further amended by revising subsections (a) and (b) of Code 1891 Section 21-2-418, relating to provisional ballots, as follows: 1892 "(a) If a person presents himself or herself at a polling place, absentee polling place, or 1893 registration office in his or her county of residence in this state for the purpose of casting 1894 a ballot in a primary or election stating a good faith belief that he or she has timely 1895 registered to vote in such county of residence in such primary or election and the person's 1896 name does not appear on the list of registered electors, the person shall be entitled to cast 1897 a provisional ballot in his or her county of residence in this state as provided in this Code 1898 section. If the person presents himself or herself at a polling place in the county in which 1899 he or she is registered to vote, but not at the precinct at which he or she is registered to 1900 vote, the poll officials shall inform the person of the polling location for the precinct where 1901 such person is registered to vote. The poll officials shall also inform such person that any 1902 votes cast by a provisional ballot in the wrong precinct will not be counted unless it is cast 1903 after 5:00 P.M. and before the regular time for the closing of the polls on the day of the 1904 primary, election, or runoff and unless the person executes a sworn statement, witnessed 1905 21 SB 202/AP S. B. 202 - 74 -

by the poll official, stating that he or she is unable to vote at his or her correct polling place 1906 prior to the closing of the polls and giving the reason therefor. 1907 (b) Such person voting a provisional ballot shall complete an official voter registration 1908 form and a provisional ballot voting certificate which shall include information about the 1909 place, manner, and approximate date on which the person registered to vote. The person 1910 shall swear or affirm in writing that he or she previously registered to vote in such primary 1911 or election, is eligible to vote in such primary or election, has not voted previously in such 1912 primary or election, and meets the criteria for registering to vote in such primary or 1913 election. If the person is voting a provisional ballot in the county in which he or she is 1914 registered to vote but not at the precinct in which he or she is registered to vote during the 1915 period from 5:00 P.M. to the regular time for the closing of the polls on the day of the 1916 primary, election, or runoff, the person shall execute a sworn statement, witnessed by the 1917 poll official, stating that he or she is unable to vote at his or her correct polling place prior 1918 to the closing of the polls and giving the reason therefor. The form of the provisional ballot 1919 voting certificate shall be prescribed by the Secretary of State. The person shall also 1920 present the identification required by Code Section 21-2-417." 1921 SECTION 35. 1922 Said chapter is further amended by revising Code Section 21-2-419, relating to validation of 1923 provisional ballots and reporting to Secretary of State, as follows: 1924 "21-2-419. 1925 (a) A person shall cast a provisional ballot on the same type of ballot that is utilized by the 1926 county or municipality. Such provisional ballot shall be sealed in double envelopes as 1927 provided in Code Section 21-2-384 and shall be deposited by the person casting such ballot 1928 in a secure, sealed ballot box. 1929 (b) At the earliest time possible after the casting of a provisional ballot, but no later than 1930 the day after the primary or election in which such provisional ballot was cast, the board 1931 21 SB 202/AP S. B. 202 - 75 -

of registrars of the county or municipality, as the case may be, shall be notified by the 1932 election superintendent that provisional ballots were cast in the primary or election and the 1933 registrars shall be provided with the documents completed by the person casting the 1934 provisional ballot as provided in Code Section 21-2-418. Provisional ballots shall be 1935 securely maintained by the election superintendent until a determination has been made 1936 concerning their status. The board of registrars shall immediately examine the information 1937 contained on such documents and make a good faith effort to determine whether the person 1938 casting the provisional ballot was entitled to vote in the primary or election. Such good 1939 faith effort shall include a review of all available voter registration documentation, 1940 including registration information made available by the electors themselves and 1941 documentation of modifications or alterations of registration data showing changes to an 1942 elector's registration status. Additional sources of information may include, but are not 1943 limited to, information from the Department of Driver Services, Department of Family and 1944 Children Services, Department of Natural Resources, public libraries, or any other agency 1945 of government including, but not limited to, other county election and registration offices. 1946 (c)(1) If the registrars determine after the polls close, but not later than three days 1947 following the primary or election, that the person casting the provisional ballot timely 1948 registered to vote and was eligible and entitled to vote in the precinct in which he or she 1949 voted in such primary or election, the registrars shall notify the election superintendent 1950 and the provisional ballot shall be counted and included in the county's or municipality's 1951 certified election results. 1952 (2) If the registrars determine after the polls close, but not later than three days following 1953 the primary or election, that the person voting the provisional ballot timely registered and 1954 was eligible and entitled to vote in the primary or election but voted in the wrong 1955 precinct, then the board of registrars shall notify the election superintendent only if such 1956 person voted between the hours of 5:00 P.M. and the regular time for the closing of the 1957 polls on the day of the primary, election, or runoff and provided the sworn statement 1958 21 SB 202/AP S. B. 202 - 76 -

required by subsection (b) of Code Section 21-2-418. The superintendent shall count 1959 such person's votes which were cast for candidates in those races for which the person 1960 was entitled to vote but shall not count the votes cast for candidates in those races in 1961 which such person was not entitled to vote. The superintendent shall order the proper 1962 election official at the tabulating center or precinct to prepare an accurate duplicate ballot 1963 containing only those votes cast by such person in those races in which such person was 1964 entitled to vote for processing at the tabulating center or precinct, which shall be verified 1965 in the presence of a witness. Such duplicate ballot shall be clearly labeled with the word 1966 'Duplicate,' shall bear the designation of the polling place, and shall be given the same 1967 serial number as the original ballot. The original ballot shall be retained and the sworn 1968 statement required by subsection (b) of Code Section 21-2-418 shall be transmitted to the 1969 Secretary of State with the certification documents required by paragraph (4) of 1970 subsection (a) of Code Section 21-2-497 and such statement shall be reviewed by the 1971 State Election Board. 1972 (3) If the registrars determine that the person casting the provisional ballot did not timely 1973 register to vote or was not eligible or entitled to vote in the precinct in which he or she 1974 voted in such primary or election or shall be unable to determine within three days 1975 following such primary or election whether such person timely registered to vote and was 1976 eligible and entitled to vote in such primary or election, the registrars shall so notify the 1977 election superintendent and such ballot shall not be counted. The election superintendent 1978 shall mark or otherwise document that such ballot was not counted and shall deliver and 1979 store such ballots with all other ballots and election materials as provided in Code 1980 Section 21-2-500. 1981 (d)(1) At the earliest time possible after a determination is made regarding a provisional 1982 ballot, the board of registrars shall notify in writing those persons whose provisional 1983 ballots were not counted that their ballots were not counted because of the inability of the 1984 registrars to verify that the persons timely registered to vote or other proper reason. The 1985 21 SB 202/AP S. B. 202 - 77 -

registrars shall process the official voter registration form completed by such persons 1986 pursuant to Code Section 21-2-418 and shall add such persons to the electors list if found 1987 qualified. 1988 (2) At the earliest time possible after a determination is made regarding a provisional 1989 ballot, the board of registrars shall notify in writing those electors who voted in the wrong 1990 precinct and whose votes were partially counted of their correct precinct. 1991 (e) The board of registrars shall complete a report in a form designated by the Secretary 1992 of State indicating the number of provisional ballots cast and counted in the primary or 1993 election." 1994 SECTION 36. 1995 Said chapter is further amended in Part 1 of Article 11, relating to general provisions 1996 regarding preparation for and conduct of primaries and elections, by adding new Code 1997 sections to read as follows: 1998 "21-2-420. 1999 (a) After the time for the closing of the polls and the last elector voting, the poll officials 2000 in each precinct shall complete the required accounting and related documentation for the 2001 precinct and shall advise the election superintendent of the total number of ballots cast at 2002 such precinct and the total number of provisional ballots cast. The chief manager and at 2003 least one assistant manager shall post a copy of the tabulated results for the precinct on the 2004 door of the precinct and then immediately deliver all required documentation and election 2005 materials to the election superintendent. The election superintendent shall then ensure that 2006 such ballots are processed, counted, and tabulated as soon as possible and shall not cease 2007 such count and tabulation until all such ballots are counted and tabulated. 2008 (b) The election superintendent shall ensure that each precinct notifies the election 2009 superintendent of the number of ballots cast and number of provisional ballots cast as soon 2010 as possible after the time for the closing of the polls and the last elector votes. The election 2011 21 SB 202/AP S. B. 202 - 78 -

superintendent shall post such information publicly. The State Election Board shall 2012 promulgate rules and regulations regarding how such information shall be publicly posted 2013 to ensure transparency, accuracy, and security. 2014 21-2-421. 2015 (a) As soon as possible but not later than 10:00 P.M. following the close of the polls on 2016 the day of a primary, election, or runoff, the election superintendent shall report to the 2017 Secretary of State and post in a prominent public place the following information: 2018 (1) The number of ballots cast at the polls on the day of the primary, election, or runoff, 2019 including provisional ballots cast; 2020 (2) The number of ballots cast at advance voting locations during the advance voting 2021 period for the primary, election, or runoff; and 2022 (3) The total number of absentee ballots returned to the board of registrars by the 2023 deadline to receive such absentee ballots on the day of the primary, election, or runoff. 2024 (b) Upon the completion of the report provided for in subsection (a) of this Code section, 2025 the election superintendent shall compare the total number of ballots received as reported 2026 in subsection (a) of this Code section and the counting of the ballots in the primary, 2027 election, or runoff minus any rejected and uncured absentee ballots, uncounted provisional 2028 ballots, and any other uncounted ballots, with the total number of ballots cast in the 2029 primary, election, or runoff. The results of such comparison and all explanatory materials 2030 shall be reported to the Secretary of State. The reason for any discrepancy shall be fully 2031 investigated and reported to the Secretary of State." 2032 SECTION 37. 2033 Said chapter is further amended by revising subsections (a) and (d) of Code 2034 Section 21-2-437, relating to procedure as to count and return of votes generally and void 2035 ballots, as follows: 2036 21 SB 202/AP S. B. 202 - 79 -

"(a) After the polls close and as soon as all the ballots have been properly accounted for 2037 and those outside the ballot box as well as the voter's certificates, numbered list of voters, 2038 and electors list have been sealed, the poll officers shall open the ballot box and take 2039 therefrom all ballots contained therein. In primaries in which more than one ballot box is 2040 used, any ballots or stubs belonging to another party holding its primary in the same polling 2041 place shall be returned to the ballot box for the party for which they were issued. In 2042 primaries, separate tally and return sheets shall be prepared for each party, and separate 2043 poll officers shall be designated by the chief manager to count and tally each party's ballot. 2044 Where the same ballot box is being used by one or more parties, the ballots and stubs shall 2045 first be divided by party before being tallied and counted. The ballots shall then be counted 2046 one by one and a record made of the total number. Then the chief manager, together with 2047 such assistant managers and other poll officers as the chief manager may designate, under 2048 the scrutiny of one of the assistant managers and in the presence of the other poll officers, 2049 shall read aloud the names of the candidates marked or written upon each ballot, together 2050 with the office for which the person named is a candidate, and the answers contained on 2051 the ballots to the questions submitted, if any; and the other assistant manager and clerks 2052 shall carefully enter each vote as read and keep account of the same in ink on a sufficient 2053 number of tally papers, all of which shall be made at the same time. All ballots, after being 2054 removed from the box, shall be kept within the unobstructed view of all persons in the 2055 voting room until replaced in the box. No person, while handling the ballots, shall have 2056 in his or her hand any pencil, pen, stamp, or other means of marking or spoiling any ballot. 2057 The poll officers shall immediately proceed to canvass and compute the votes cast and shall 2058 not adjourn or postpone the canvass or computation until it shall have been fully 2059 completed, except that, in the discretion of the superintendent, the poll officers may stop 2060 the counting after all contested races and questions are counted, provided that the results 2061 of these contested races and questions are posted for the information of the public outside 2062 21 SB 202/AP S. B. 202 - 80 -

the polling place and the ballots are returned to the ballot box and deposited with the 2063 superintendent until counting is resumed on the following day." 2064 "(d) Any ballot marked so as to identify the voter shall be void and not counted, except a 2065 ballot cast by a challenged elector whose name appears on the electors list; such challenged 2066 vote shall be counted as prima facie valid but may be voided in the event of an election 2067 contest. Any ballot marked by anything but pen or pencil shall be void and not counted. 2068 Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote 2069 for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if 2070 otherwise properly marked. If an elector shall mark his or her ballot for more persons for 2071 any nomination or office than there are candidates to be voted for such nomination or 2072 office, or if, for any reason, it may be impossible to determine his or her choice for any 2073 nomination or office, his or her ballot shall not be counted for such nomination or office; 2074 but the ballot shall be counted for all nominations or offices for which it is properly 2075 marked. Unmarked ballots or ballots improperly or defectively marked so that the whole 2076 ballot is void shall be set aside and shall be preserved with other ballots. In primaries, 2077 votes cast for candidates who have died, withdrawn, or been disqualified shall be void and 2078 shall not be counted. Except as provided in subsection (g) of Code Section 21-2-134 2079 regarding nonpartisan elections, in In elections, votes for candidates who have died or been 2080 disqualified shall be void and shall not be counted." 2081 SECTION 38. 2082 Said chapter is further amended by revising subsection (a) of Code Section 21-2-438, relating 2083 to ballots identifying voter, not marked, or improperly marked declared void, as follows: 2084 "(a) Any ballot marked so as to identify the voter shall be void and not counted, except a 2085 ballot cast by a challenged elector whose name appears on the electors list; such challenged 2086 vote shall be counted as prima facie valid but may be voided in the event of an election 2087 contest. Any ballot marked by anything but pen or pencil shall be void and not counted. 2088 21 SB 202/AP S. B. 202 - 81 -

Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote 2089 for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if 2090 otherwise properly marked. If an elector shall mark his or her ballot for more persons for 2091 any nomination or office than there are candidates to be voted for such nomination or 2092 office, or if, for any reason, it may be impossible to determine his or her choice for any 2093 nomination or office, his or her ballot shall not be counted for such nomination or office; 2094 but the ballot shall be counted for all nominations or offices for which it is properly 2095 marked. Ballots not marked or improperly or defectively marked so that the whole ballot 2096 is void, shall be set aside and shall be preserved with the other ballots. In primaries, votes 2097 cast for candidates who have died, withdrawn, or been disqualified shall be void and shall 2098 not be counted. Except as provided in subsection (g) of Code Section 21-2-134 regarding 2099 nonpartisan elections, in In elections, votes for candidates who have died or been 2100 disqualified shall be void and shall not be counted." 2101 SECTION 38A. 2102 Said chapter is further amended by revising subsection (a) of Code Section 21-2-480, relating 2103 to caption for ballots, party designations, and form and arrangement, as follows: 2104 "(a) At the top of each ballot for an election in a precinct using optical scanning voting 2105 equipment shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed 2106 by the name and designation of the precinct for which it is prepared and the name and date 2107 of the election." 2108 SECTION 38B. 2109 Said chapter is further amended by revising Code Section 21-2-482, relating to absentee 2110 ballots for precincts using optical scanning voting equipment, as follows: 2111 "21-2-482. 2112 21 SB 202/AP S. B. 202 - 82 -

Ballots in a precinct using optical scanning voting equipment for voting by absentee 2113 electors shall be prepared sufficiently in advance by the superintendent and shall be 2114 delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots 2115 shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots 2116 required by Article 8 of this chapter, except that in counties or municipalities using voting 2117 machines, direct recording electronic (DRE) units, or ballot scanners, the ballots may be 2118 in substantially the form for the ballot labels required by Article 9 of this chapter or in such 2119 form as will allow the ballot to be machine tabulated. Every such ballot shall have printed 2120 on the face thereof the following: 2121 'I understand that the offer or acceptance of money or any other object of value to vote 2122 for any particular candidate, list of candidates, issue, or list of issues included in this 2123 election constitutes an act of voter fraud and is a felony under Georgia law.' 2124 The form for either ballot shall be determined and prescribed by the Secretary of State and 2125 shall have printed at the top the name and designation of the precinct." 2126 SECTION 39. 2127 Said chapter is further amended by revising subsection (f) of Code Section 21-2-483, relating 2128 to counting of ballots, public accessibility to tabulating center and precincts, execution of 2129 ballot recap forms, and preparation of duplicate ballots, as follows: 2130 "(f) If it appears that a ballot is so torn, bent, or otherwise defective that it cannot be 2131 processed by the tabulating machine, the superintendent, in his or her discretion, may order 2132 the proper election official at the tabulating center or precinct a duplication panel to prepare 2133 a true duplicate copy for processing with the ballots of the same polling place, which shall 2134 be verified in the presence of a witness. In a partisan election, the duplication panel shall 2135 be composed of the election superintendent or a designee thereof and one person appointed 2136 by the county executive committee of each political party having candidates whose names 2137 appear on the ballot for such election, provided that, if there is no organized county 2138 21 SB 202/AP S. B. 202 - 83 -

executive committee for a political party, the person shall be appointed by the state 2139 executive committee of the political party. In a nonpartisan election or an election 2140 involving only the presentation of a question to the electors, the duplication panel shall be 2141 composed of the election superintendent or a designee thereof and two electors of the 2142 county or municipality. In the case of a nonpartisan county or municipal election or an 2143 election involving only the presentation of a question to the electors, the two elector 2144 members of the panel shall be appointed by the chief judge of the superior court of the 2145 county or municipality in which the election is held. In the case of a municipality which 2146 is located in more than one county, the two elector members of the panel shall be appointed 2147 by the chief judge of the superior court of the county in which the city hall of the 2148 municipality is located. The election superintendent may create multiple duplication panels 2149 to handle the processing of such ballots more efficiently. All duplicate ballots shall be 2150 clearly labeled by the word 'duplicate,' shall bear the designation of the polling place, and 2151 shall be given the same serial number as the defective ballot contain a unique number that 2152 will allow such duplicate ballot to be linked back to the original ballot. The defective 2153 ballot shall be retained." 2154 SECTION 40. 2155 Said chapter is further amended by revising Code Section 21-2-492, relating to computation 2156 and canvassing of returns, notice of when and where returns will be computed and canvassed, 2157 blank forms for making statements of returns, and swearing of assistants, as follows: 2158 "21-2-492. 2159 The superintendent shall arrange for the computation and canvassing of the returns of votes 2160 cast at each primary and election at his or her office or at some other convenient public 2161 place at the county seat or municipality following the close of the polls on the day of such 2162 primary or election with accommodations for those present insofar as space permits. An 2163 interested candidate or his or her representative shall be permitted to keep or check his or 2164 21 SB 202/AP S. B. 202 - 84 -

her own computation of the votes cast in the several precincts as the returns from the same 2165 are read, as directed in this article. The superintendent shall give at least one week's notice 2166 prior to the primary or election by publishing same in a conspicuous place in the 2167 superintendent's office, of the time and place when and where he or she will commence and 2168 hold his or her sessions for the computation and canvassing of the returns; and he or she 2169 shall keep copies of such notice posted in his or her office during such period. The 2170 superintendent shall procure a sufficient number of blank forms of returns made out in the 2171 proper manner and headed as the nature of the primary or election may require, for making 2172 out full and fair statements of all votes which shall have been cast within the county or any 2173 precinct therein, according to the returns from the several precincts thereof, for any person 2174 voted for therein, or upon any question voted upon therein. The assistants of the 2175 superintendent in the computation and canvassing of the votes shall be first sworn by the 2176 superintendent to perform their duties impartially and not to read, write, count, or certify 2177 any return or vote in a false or fraudulent manner." 2178 SECTION 41. 2179 Said chapter is further amended by revising subsections (a) and (k) of Code 2180 Section 21-2-493, relating to computation, canvassing, and tabulation of returns, 2181 investigation of discrepancies in vote counts, recount procedure, certification of returns, and 2182 change in returns, and adding a new subsection to read as follows: 2183 "(a) The superintendent shall, at or before 12:00 Noon after the close of the polls on the 2184 day following the of a primary or election, at his or her office or at some other convenient 2185 public place at the county seat or in the municipality, of which due notice shall have been 2186 given as provided by Code Section 21-2-492, publicly commence the computation and 2187 canvassing of the returns and continue the same until all absentee ballots received by the 2188 close of the polls, including those cast by advance voting, and all ballots cast on the day 2189 of the primary or election have been counted and tabulated and the results of such 2190 21 SB 202/AP S. B. 202 - 85 -

tabulation released to the public and, then, continuing with provisional ballots as provided 2191 in Code Sections 21-2-418 and 21-2-419 and those absentee ballots as provided in 2192 subparagraph (a)(1)(G) of Code Section 21-2-386 from day to day until completed. For 2193 this purpose, the superintendent may organize his or her assistants into sections, each of 2194 which whom may simultaneously proceed with the computation and canvassing of the 2195 returns from various precincts of the county or municipality in the manner provided by this 2196 Code section. Upon the completion of such computation and canvassing, the 2197 superintendent shall tabulate the figures for the entire county or municipality and sign, 2198 announce, and attest the same, as required by this Code section." 2199 "(j.1) The Secretary of State shall create a pilot program for the posting of digital images 2200 of the scanned paper ballots created by the voting system. 2201 (k) As the returns from each precinct are read, computed, and found to be correct or 2202 corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until 2203 all the returns from the various precincts which are entitled to be counted shall have been 2204 duly recorded; then they shall be added together, announced, and attested by the assistants 2205 who made and computed the entries respectively and shall be signed by the superintendent. 2206 The consolidated returns shall then be certified by the superintendent in the manner 2207 required by this chapter. Such returns shall be certified by the superintendent not later than 2208 5:00 P.M. on the second Friday Monday following the date on which such election was 2209 held and such returns shall be immediately transmitted to the Secretary of State; provided, 2210 however, that such certification date may be extended by the Secretary of State in his or 2211 her discretion if necessary to complete a precertification audit as provided in Code Section 2212 21-2-498." 2213 SECTION 42. 2214 Said chapter is further amended by revising Code Section 21-2-501, relating to number of 2215 votes required for election, as follows: 2216 21 SB 202/AP S. B. 202 - 86 -

"21-2-501. 2217 (a)(1) Except as otherwise provided in this Code section, no candidate shall be 2218 nominated for public office in any primary or special primary or elected to public office 2219 in any election or special election or shall take or be sworn into such elected public office 2220 unless such candidate shall have received a majority of the votes cast to fill such 2221 nomination or public office. In instances where no candidate receives a majority of the 2222 votes cast, a run-off primary, special primary runoff, run-off election, or special election 2223 runoff between the candidates receiving the two highest numbers of votes shall be held. 2224 Unless such date is postponed by a court order, such run-off primary, special primary 2225 runoff, run-off election, or special election runoff shall be held as provided in this 2226 subsection. 2227 (2) In the case of a runoff from a general primary or a special primary or special election 2228 held in conjunction with a general primary, the runoff shall be held on the Tuesday of the 2229 ninth week following such general primary. 2230 (3) In the case of a runoff from a general election for a federal office or a runoff from a 2231 special primary or special election for a federal office held in conjunction with a general 2232 election, the runoff shall be held on the Tuesday of the ninth week following such general 2233 election. 2234 (4) In the case of a runoff from a general election for an office other than a federal office 2235 or a runoff from a special primary or special election for an office other than a federal 2236 office held in conjunction with a general election, the runoff shall be held on the 2237 twenty-eighth day after the day of holding the preceding general or special primary or 2238 general or special election. 2239 (5) In the case of a runoff from a special primary or special election for a federal office 2240 not held in conjunction with a general primary or general election, the runoff shall be held 2241 on the Tuesday of the ninth week following such special primary or special election. 2242 21 SB 202/AP S. B. 202 - 87 -

(6) In the case of a runoff from a special primary or special election for an office other 2243 than a federal office not held in conjunction with a general primary or general election, 2244 the runoff shall be held on the twenty-eighth day after the day of holding the preceding 2245 special primary or special election; provided, however, that, if such runoff is from a 2246 special primary or special election held in conjunction with a special primary or special 2247 election for a federal office and there is a runoff being conducted for such federal office, 2248 the runoff from the special primary or special election conducted for such other office 2249 may be held in conjunction with the runoff for the federal office. 2250 (7)(2) If any candidate eligible to be in a runoff withdraws, dies, or is found to be 2251 ineligible, the remaining candidates receiving the two highest numbers of votes shall be 2252 the candidates in the runoff. 2253 (8)(3) The candidate receiving the highest number of the votes cast in such run-off 2254 primary, special primary runoff, run-off election, or special election runoff to fill the 2255 nomination or public office sought shall be declared the winner. 2256 (9)(4) The name of a write-in candidate eligible for election in a runoff shall be printed 2257 on the election or special election run-off ballot in the independent column. 2258 (10)(5) The run-off primary, special primary runoff, run-off election, or special election 2259 runoff shall be a continuation of the primary, special primary, election, or special election 2260 for the particular office concerned. Only the electors who were are duly registered to 2261 vote and not subsequently deemed disqualified to vote in the primary, special primary, 2262 election, or special election runoff for candidates for that particular office shall be entitled 2263 to vote therein, and only those votes cast for the persons designated as candidates in such 2264 run-off primary, special primary runoff, run-off election, or special election runoff shall 2265 be counted in the tabulation and canvass of the votes cast. No elector shall vote in a 2266 run-off primary or special primary runoff in violation of Code Section 21-2-224. 2267 (b) For the purposes of this subsection, the word 'plurality' shall mean the receiving by one 2268 candidate alone of the highest number of votes cast. If the municipal charter or ordinances 2269 21 SB 202/AP S. B. 202 - 88 -

of a municipality as now existing or as amended subsequent to September 1, 1968, provide 2270 that a candidate may be nominated or elected by a plurality of the votes cast to fill such 2271 nomination or public office, such provision shall prevail. Otherwise, no municipal 2272 candidate shall be nominated for public office in any primary or elected to public office in 2273 any election unless such candidate shall have received a majority of the votes cast to fill 2274 such nomination or public office. 2275 (c) In instances in which no municipal candidate receives a majority of the votes cast and 2276 the municipal charter or ordinances do not provide for nomination or election by a plurality 2277 vote, a run-off primary or election shall be held between the candidates receiving the two 2278 highest numbers of votes. Such runoff shall be held on the twenty-eighth day after the day 2279 of holding the first primary or election, unless such run-off date is postponed by court 2280 order.; provided, however, that, in the case of a runoff from a municipal special election 2281 that is held in conjunction with a special election for a federal office and not in conjunction 2282 with a general primary or general election, the municipality may conduct such runoff from 2283 such municipal special election on the date of the special election runoff for the federal 2284 office. Only the electors entitled to vote in the first primary or election shall be entitled to 2285 vote in any run-off primary or election resulting therefrom; provided, however, that no No 2286 elector shall vote in a run-off primary in violation of Code Section 21-2-216. The run-off 2287 primary or election shall be a continuation of the first primary or election, and only those 2288 votes cast for the candidates receiving the two highest numbers of votes in the first primary 2289 or election shall be counted. No write-in votes may be cast in such a primary, run-off 2290 primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or 2291 is found to be ineligible, the remaining candidates receiving the two highest numbers of 2292 votes shall be the candidates in such runoff. The municipal candidate receiving the highest 2293 number of the votes cast in such run-off primary or run-off election to fill the nomination 2294 or public office sought shall be declared the winner. The municipality shall give written 2295 21 SB 202/AP S. B. 202 - 89 -

notice to the Secretary of State of such runoff as soon as such municipality certifies the 2296 preceding primary, special primary, election, or special election. 2297 (d) The name of a municipal write-in candidate eligible for election in a municipal runoff 2298 shall be printed on the municipal run-off election ballot in the independent column. 2299 (e) In all cities having a population in excess of 100,000 according to the United States 2300 decennial census of 1980 or any future such census, in order for a municipal candidate to 2301 be nominated for public office in any primary or elected to public office in any municipal 2302 election, he or she must receive a majority of the votes cast. 2303 (f) Except for presidential electors, to be elected to public office in a general election, a 2304 candidate must receive a majority of the votes cast in an election to fill such public office. 2305 To be elected to the office of presidential electors, no slate of candidates shall be required 2306 to receive a majority of the votes cast, but that slate of candidates shall be elected to such 2307 office which receives the highest number of votes cast." 2308 SECTION 43. 2309 Said chapter is further amended by revising Code Section 21-2-540, relating to conduct of 2310 special elections generally, as follows: 2311 "21-2-540. 2312 (a)(1) Every special primary and special election shall be held and conducted in all 2313 respects in accordance with the provisions of this chapter relating to general primaries 2314 and general elections; and the provisions of this chapter relating to general primaries and 2315 general elections shall apply thereto insofar as practicable and as not inconsistent with 2316 any other provisions of this chapter. All special primaries and special elections held at 2317 the time of a general primary, as provided by Code Section 21-2-541, shall be conducted 2318 by the poll officers by the use of the same equipment and facilities, insofar as practicable, 2319 as are used for such general primary. All special primaries and special elections held at 2320 the time of a general election, as provided by Code Section 21-2-541, shall be conducted 2321 21 SB 202/AP S. B. 202 - 90 -

by the poll officers by the use of the same equipment and facilities, so far insofar as 2322 practicable, as are used for such general election. 2323 (2) If a vacancy occurs in a partisan office to which the Governor is authorized to 2324 appoint an individual to serve until the next general election, a special primary shall 2325 precede the special election. 2326 (b) At least 29 days shall intervene between the call of a special primary and the holding 2327 of same, and at least 29 days shall intervene between the call of a special election and the 2328 holding of same. The period during which candidates may qualify to run in a special 2329 primary or a special election shall remain open for a minimum of two and one-half days. 2330 Special primaries and special elections which are to be held in conjunction with the 2331 presidential preference primary, a state-wide general primary, or state-wide general 2332 election shall be called at least 90 days prior to the date of such presidential preference 2333 primary, state-wide general primary, or state-wide general election; provided, however, that 2334 this requirement shall not apply to special primaries and special elections held on the same 2335 date as such presidential preference primary, state-wide general primary, or state-wide 2336 general election but conducted completely separate and apart from such state-wide general 2337 primary or state-wide general election using different ballots or voting equipment, 2338 facilities, poll workers, and paperwork. Notwithstanding any provision of this subsection 2339 to the contrary, special elections which are to be held in conjunction with the state-wide 2340 general primary or state-wide general election in 2014 shall be called at least 60 days prior 2341 to the date of such state-wide general primary or state-wide general election. 2342 (c)(1) Notwithstanding any other provision of law to the contrary, a special primary or 2343 special election to fill a vacancy in a county or municipal office shall be held only on one 2344 of the following dates which is at least 29 days after the date of the call for the special 2345 election: 2346 (A) In odd-numbered years, any such special primary or special election shall only be 2347 held on: 2348 21 SB 202/AP S. B. 202 - 91 -

(i) The third Tuesday in March; 2349 (ii) The third Tuesday in June; 2350 (iii) The third Tuesday in September; or 2351 (iv) The Tuesday after the first Monday in November; and 2352 (B) In even-numbered years, any such special primary or special election shall only be 2353 held on: 2354 (i) The third Tuesday in March; provided, however, that in the event that a special 2355 primary or special election is to be held under this provision in a year in which a 2356 presidential preference primary is to be held, then any such special primary or special 2357 election shall be held on the date of and in conjunction with the presidential 2358 preference primary; 2359 (ii) The date of the general primary; or 2360 (iii) The Tuesday after the first Monday in November; 2361 provided, however, that, in the event that a special primary or special election to fill a 2362 federal or state office on a date other than the dates provided in this paragraph has been 2363 scheduled and it is possible to hold a special primary or special election to fill a vacancy 2364 in a county, municipal, or school board office in conjunction with such special primary 2365 or special election to fill a federal or state office, the special primary or special election 2366 to fill such county, municipal, or school board office may be held on the date of and in 2367 conjunction with such special primary or special election to fill such federal or state 2368 office, provided all other provisions of law regarding such primaries and elections are 2369 met. 2370 (2) Notwithstanding any other provision of law to the contrary, a special election to 2371 present a question to the voters shall be held only on one of the following dates which is 2372 at least 29 days after the date of the call for the special election: 2373 (A) In odd-numbered years, any such special election shall only be held on the third 2374 Tuesday in March or on the Tuesday after the first Monday in November; and 2375 21 SB 202/AP S. B. 202 - 92 -

(B) In even-numbered years, any such special election shall only be held on: 2376 (i) The date of and in conjunction with the presidential preference primary if one is 2377 held that year; 2378 (ii) The date of the general primary; or 2379 (iii) The Tuesday after the first Monday in November. 2380 (3) The provisions of this subsection shall not apply to: 2381 (A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,' 2382 to recall a public officer or to fill a vacancy in a public office caused by a recall 2383 election; and 2384 (B) Special primaries or special elections to fill vacancies in federal or state public 2385 offices. 2386 (d) Except as otherwise provided by this chapter, the superintendent of each county or 2387 municipality shall publish the call of the special primary or special election. 2388 (e)(1) Candidates in special elections for partisan offices that are not preceded by special 2389 primaries shall be listed alphabetically on the ballot and may choose to designate on the 2390 ballot their party affiliation. The party affiliation selected by a candidate shall not be 2391 changed following the close of qualifying. 2392 (2) Candidates in special primaries shall be listed alphabetically on the ballot." 2393 SECTION 44. 2394 Said chapter is further amended by revising subsection (b) of Code Section 21-2-541, relating 2395 to holding of special primary or election at time of general primary or election and inclusion 2396 of candidates and questions in special primary or election on ballot, as follows: 2397 "(b) If the times specified for the closing of the registration list for a special primary or 2398 special election are the same as those for a general primary or general election, the 2399 candidates and questions in such special primary or special election shall be included on 2400 the ballot for such general primary or general election. In such an instance, the name of 2401 21 SB 202/AP S. B. 202 - 93 -

the office and the candidates in such special primary or special election shall appear on the 2402 ballot in the position where such names would ordinarily appear if such contest was a 2403 general primary or general election." 2404 SECTION 45. 2405 Said chapter is further amended by revising Code Section 21-2-542, relating to special 2406 election for United States senator vacancy and temporary appointment by Governor, as 2407 follows: 2408 "21-2-542. 2409 Whenever a vacancy shall occur in the representation of this state in the Senate of the 2410 United States, such vacancy shall be filled for the unexpired term by the vote of the electors 2411 of the state at a special primary to be held at the time of the next general primary followed 2412 by a special election to be held at the time of the next November state-wide general 2413 election, occurring at least 40 days after the occurrence of such vacancy; and it shall be the 2414 duty of the Governor to issue his or her proclamation for such special primary and special 2415 election. Until such time as the vacancy shall be filled by an election as provided in this 2416 Code section, the Governor may make a temporary appointment to fill such vacancy." 2417 SECTION 46. 2418 Said chapter is further amended in Article 14, relating to special elections and primaries 2419 generally and municipal terms of office, by adding a new Code section to read as follows: 2420 "21-2-546. 2421 Notwithstanding any other law to the contrary, in each county in this state in which there 2422 is a civil and magistrate court established by local Act of the General Assembly, vacancies 2423 in the office of chief judge of such court caused by death, retirement, resignation, or 2424 otherwise shall be filled by the appointment of a qualified person by the Governor to serve 2425 21 SB 202/AP S. B. 202 - 94 -

until a successor is duly elected and qualified and until January 1 of the year following the 2426 next general election which is more than six months following such person's appointment." 2427 SECTION 47. 2428 Said chapter is further amended by revising subsection (a) of Code Section 21-2-568, relating 2429 to entry into voting compartment or booth while another voting, interfering with elector, 2430 inducing elector to reveal or revealing elector's vote, and influencing voter while assisting, 2431 as follows: 2432 "(a) Any person who knowingly: 2433 (1) Goes into the voting compartment or voting machine booth while another is voting 2434 or marks the ballot or registers the vote for another, except in strict accordance with this 2435 chapter; 2436 (2) Interferes with any elector marking his or her ballot or registering his or her vote; 2437 (3) Attempts to induce any elector before depositing his or her ballot to show how he or 2438 she marks or has marked his or her ballot; or 2439 (4) Discloses to anyone how another elector voted, without said elector's consent, except 2440 when required to do so in any legal proceeding; or 2441 (5) Accepts an absentee ballot from an elector for delivery or return to the board of 2442 registrars except as authorized by subsection (a) of Code Section 21-2-385 2443 shall be guilty of a felony." 2444 SECTION 48. 2445 Said chapter is further amended in Article 15, relating to miscellaneous offenses, by adding 2446 new Code sections to read as follows: 2447 "21-2-568.1. 2448 (a) Except while providing authorized assistance in voting under Code Section 21-2-409 2449 and except for children authorized to be in the enclosed space under subsection (f) of Code 2450 21 SB 202/AP S. B. 202 - 95 -

Section 21-2-413, no person shall intentionally observe an elector while casting a ballot in 2451 a manner that would allow such person to see for whom or what the elector is voting. 2452 (b) Any person who violates the provisions of subsection (a) of this Code section shall be 2453 guilty of a felony. 2454 21-2-568.2. 2455 (a) It shall be illegal for any person to use photographic or other electronic monitoring or 2456 recording devices, cameras, or cellular telephones, except as authorized by law, to: 2457 (1) Photograph or record the face of an electronic ballot marker while a ballot is being 2458 voted or while an elector's votes are displayed on such electronic ballot marker; or 2459 (2) Photograph or record a voted ballot. 2460 (b) Any person who violates subsection (a) of this Code section shall be guilty of a 2461 misdemeanor." 2462 SECTION 49. 2463 Chapter 35 of Title 36 of the Official Code of Georgia Annotated, relating to home rule 2464 powers, is amended by revising subsection (a) of Code Section 36-35-4.1, relating to 2465 reapportionment of election districts for municipal elections, as follows: 2466 "(a) Subject to the limitations provided by this Code section, the governing authority of 2467 any municipal corporation is authorized to reapportion the election districts from which 2468 members of the municipal governing authority are elected following publication of the 2469 United States decennial census of 1980 or any future such census. Such reapportionment 2470 of districts shall be effective for the election of members to the municipal governing 2471 authority at the next regular general municipal election following the publication of the 2472 decennial census; provided, however, that, if the publication of the decennial census occurs 2473 within 120 days of the next general or special municipal election, such reapportionment of 2474 21 SB 202/AP S. B. 202 - 96 -

districts shall be effective for any subsequent special election and the subsequent general 2475 municipal election." 2476 SECTION 50. 2477 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended 2478 by revising subsection (b) of Code Section 50-13-4, relating to procedural requirements for 2479 adoption, amendment, or repeal of rules, emergency rules, limitation on action to contest 2480 rule, and legislative override, as follows: 2481 "(b) If any agency finds that an imminent peril to the public health, safety, or welfare, 2482 including but not limited to, summary processes such as quarantines, contrabands, seizures, 2483 and the like authorized by law without notice, requires adoption of a rule upon fewer than 2484 30 days' notice and states in writing its reasons for that finding, it may proceed without 2485 prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable 2486 to adopt an emergency rule. Any such rule adopted relative to a public health emergency 2487 shall be submitted as promptly as reasonably practicable to the House of Representatives 2488 and Senate Committees on Judiciary, provided that any such rule adopted relative to a state 2489 of emergency by the State Election Board shall be submitted as soon as practicable but not 2490 later than 20 days prior to the rule taking effect. Any emergency rule adopted by the State 2491 Election Board pursuant to the provisions of this subsection may be suspended upon the 2492 majority vote of the House of Representatives or Senate Committees on Judiciary within 2493 ten days of the receipt of such rule by the committees. The rule may be effective for a 2494 period of not longer than 120 days but the adoption of an identical rule under paragraphs 2495 (1) and (2) of subsection (a) of this Code section is not precluded; provided, however, that 2496 such a rule adopted pursuant to discharge of responsibility under an executive order 2497 declaring a state of emergency or disaster exists as a result of a public health emergency, 2498 as defined in Code Section 38-3-3, shall be effective for the duration of the emergency or 2499 disaster and for a period of not more than 120 days thereafter." 2500 21 SB 202/AP S. B. 202 - 97 -

SECTION 51. 2501 Said title is further amended in Code Section 50-18-71, relating to right of access to public 2502 records, timing, fees, denial of requests, and impact of electronic records, by adding a new 2503 subsection to read as follows: 2504 "(k) Scanned ballot images created by a voting system authorized by Chapter 2 of Title 21 2505 shall be public records subject to disclosure under this article." 2506 SECTION 52. 2507 (a) Sections 21, 23, 25, 27, 28, and 29 of this Act shall become effective on July 1, 2021. 2508 (b) All other sections of this Act shall become effective upon its approval by the Governor 2509 or upon its becoming law without such approval. 2510 SECTION 53. 2511 All laws and parts of laws in conflict with this Act are repealed. 2512 21 SB 202/AP S. B. 202 - 98 -