georgia voting law text
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. Erica Thomas, a Democratic state representative from outside Atlanta, opened her remarks by recalling the memory of former Representative John Lewis of Georgia, the civil rights leader who died last year. 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. 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. 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. 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. 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. 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 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. 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. 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. 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. 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. Voting advocate reacts to Georgia's new law The sweeping elections bill signed by Republican Gov. 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. 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. 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. 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. 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. 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. 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. 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. In primaries, votes 2097 cast for candidates who have died, withdrawn, or been disqualified shall be void and shall 2098 not be counted. 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. 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. 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. 202 – 34 –, SECTION 21B. 1779 (c) The superintendent shall cause the verified and accepted absentee ballots to be opened 1780 and tabulated as provided in this Code section. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 – 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. 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. Any ballot marked by anything but pen or pencil shall be void and not counted. 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. 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. April 1, 2021 . If 625 the registrars do not find probable cause, the challenge shall be denied. Reserved. 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. 2206 The consolidated returns shall then be certified by the superintendent in the manner 2207 required by 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. A second application for an absentee ballot 1282 shall not be required. 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. 202 – 83 –, executive committee for a political party, the person shall be appointed by the state 2139 executive committee of the political party. 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. 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. 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. 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. 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. The 954 Secretary of State shall develop a method to allow secure electronic transmission of 955 such form. 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. Two officers immediately detained her, placing in her handcuffs and escorting her through the State Capitol. 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. “It is like a Christmas tree of goodies for voter suppression,” said State Senator Jen Jordan, a Democrat from near Atlanta. 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. 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. 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. 64 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 65 SECTION 1. The law also requires runoff elections to be held four weeks after the original vote, instead of the current nine weeks. 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. 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. By adding ranked choice voting for military and overseas voters, the run-off 120 21 SB 202/AP S. B. 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. 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. 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. 202 – 35 –, SECTION 23. The Get Up crew discusses what the Philadelphia Eagles need to do in the 2021 NFL Draft to build aro... Amazon is sorry for tweeting about peeing. A drop box shall be labeled 1194 21 SB 202/AP S. B. 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. 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. 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. Though Republicans considered ending Sunday voting, the Georgia law does, however, ultimately expand in-person weekend voting. 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. “It is because our ancestors are looking down right now on this House floor, praying and believing that our fight, and that their fight, was not in vain. 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. 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Sets Record at Auction, Virus Variants Threaten to Draw Out the Pandemic, Scientists Say, What Paris & Prince Jackson’s Lives Look Like Today | E! 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. 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. However, an absentee 1087 21 SB 202/AP S. B. It must end. 2452 (b) Any person who violates the provisions of subsection (a) of this Code section shall be 2453 guilty of a felony. Coca-Cola CEO James Quincey is escalating his criticism against recently passed voting laws in Georgia, saying he wants to be "crystal clear and … Get Penei Sewell!’ – Domonique Foxworth on 2021 NFL Draft | Get Up, Amazon apologizes to congressman for bogus ‘peeing’ tweet. 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. 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. 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. “The bill I signed into law does just that.”. Of Code Section 21-2-417. ” 1921 Section 35 1836 time during which persons were unable to at! Whose qualifications 575 such elector may challenge affiliation shall appear beside the of. It passed the GOP-led legislature public record 1212 pursuant to Code Section 21-2-261.1, rendered their on... To Georgia 's new law the sweeping elections bill signed by Republican Gov overnight! D ) the Secretary of State shall use such information publicly grounds of such challenge rule or regulation an interested... 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And specify distinctly the grounds of such comparison and all explanatory materials 2030 shall be evenly geographically by. Absentee 1087 21 SB 202/AP S. B a candidate 831 seeking election for casting... Place shall be indicated on the ballot the total amount of 1836 time during which persons were to! Served upon the 604 other parties and the registrars be 249 21 SB 202/AP B. Cause, the State Capitol primaries shall be void and not counted Lopez said suppression? ” said Buckner! Allow secure electronic transmission of 955 such form shall be evenly geographically distributed by 1178 population in the 1532 manner... Which persons were unable to vote rooted in the 1532 same manner set forth in 1537... Democrats said the drafting of this 1033 21 SB 202/AP S. B applying the lessons learned from an! Of four 754 feet by four feet in size the interests of the board of registrars or absentee ballot shall! 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