Bill Text: GA HB540 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Elections; remove references to ballot cards; provisions
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2010-07-01 - Effective Date [HB540 Detail]
Download: Georgia-2009-HB540-Comm_Sub.html
10 LC 28
5286S
COMMITTEE
OF CONFERENCE SUBSTITUTE TO HB 540
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to primaries and elections generally, so as to remove references to ballot
cards; to provide for the conduct of elections in polling places by a board
consisting of a chief manager and assistant managers; to provide certain
qualifications for poll officers; to provide that poll officers may be
compensated or volunteers; to provide for certain mandatory training of election
and registration officials; to provide that a candidate who submits an improper
nomination petition shall not be qualified; to provide for staggered terms for
boards of registrars; to provide that registration applications may be mailed to
the board of registrars; to change the time prior to a municipal primary or
election when the electors list shall be submitted to the municipality; to
provide for the contents of the electors list; to provide for the
confidentiality of certain information; to provide for the procedure for voting
a challenged ballot; to provide that a valid signature on a petition shall be
sufficient to remove an elector from the inactive list regardless of the
validity of the petition as a whole; to provide that no election shall be held
in a precinct in which there are no opposed candidates unless there is a
qualified write-in candidate; to provide that DRE units shall be demonstrated on
request and do not have to be on display during the month preceding a primary or
election; to delete the reasons for voting by absentee ballot; to repeal the
requirement that counties having a population of between 88,000 and 90,000
according to the 1990 census or any future census shall designate any branch of
the courthouse or courthouse annex as an additional registrar's office; to
require jurisdictions using DRE units for voting on election day to use such
units for in-person absentee voting; to provide that an absentee ballot may be
issued for immediate voting to a person who applies in person at the registrar's
or absentee ballot clerk's office when the ballots are ready; to revise the
prohibitions concerning campaigning and exit and public opinion polling in close
proximity to a polling place on an election day; to extend the period for
verifying provisional ballots; to extend the deadline for special elections to
be placed on a state-wide general primary or general election ballot; to provide
an exception to the prohibition against prematurely counting votes for the
counting of absentee votes; to provide for the coordination of dates for certain
runoffs; to provide for related matters; to amend Chapter 10 of Title 31 of the
Official Code of Georgia Annotated, relating to vital records, so as to provide
that lists of death certificates shall be submitted by the state registrar to
the Secretary of State by the tenth day of each month; to amend Article 2
of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to
the Department of Law, so as to provide that the Governor shall have the power
to seek preclearance of any change affecting voting pursuant to Section 5 of the
federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries
and elections generally, is amended by revising paragraph (20) of Code Section
21-2-2, relating to definitions, as follows:
"(20)
'Paper ballot' or 'ballot' means the forms described in Article 8 of this
chapter.
The term
'paper ballot' shall not include a ballot
card."
SECTION
2.
Said
chapter is further amended by revising Code Section 21-2-90, relating to
appointment of chief manager and assistant managers, as follows:
"21-2-90.
All
elections and primaries shall be conducted in each
precinct
polling
place by a board consisting of a chief
manager, who shall be chairperson of such board, and two assistant managers
assisted by clerks. The managers of each
precinct
polling
place shall be appointed by the
superintendent or, in the case of municipal elections, by the municipal
governing authority. If the political parties involved elect to do so, they may
submit to the superintendent or municipal governing authority, for consideration
in making such appointment, a list of qualified persons. When such lists are
submitted to the appropriate office, the superintendent or municipal governing
authority, insofar as practicable, shall make appointments so that there shall
be equal representation on such boards for the political parties involved in
such elections or primaries. The superintendent or municipal governing
authority shall make each appointment by entering an order which shall remain of
record in the appropriate office and shall transmit a copy of such order to the
appointee. The order shall include the name and address of the appointee, his
or her title, and a designation of the precinct and primary or election in which
he or she is to serve."
SECTION
3.
Said
chapter is further amended by revising Code Section 21-2-92, relating to
qualifications of poll officers, as follows:
"21-2-92.
(a)
Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be
judicious, intelligent, and upright citizens of the United States, residents of
or otherwise
employed by the county in which they are
appointed or, in the case of municipal elections, residents of
or otherwise
employed by the municipality in which the
election is to be held or of the county in which that municipality is located,
16 years of age or over, and shall be able to read, write, and speak the English
language. No poll officer shall be eligible for any nomination for public
office or to be voted for at a primary or election at which the poll officer
shall serve. No person who is otherwise holding public office, other than a
political party office, shall be eligible to be appointed as or to serve as a
poll officer. A parent, spouse, child, brother, sister, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of
a candidate shall not be eligible to serve as a poll officer in any precinct in
which such candidate's name appears on the ballot in any primary or
election.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, in the
event that a municipal primary or election is held in conjunction with a regular
county, state, or federal election, poll officers assigned by the county
election superintendent to conduct such county, state, or federal election shall
also be authorized to serve as poll officers to conduct such municipal election
or primary and shall not be required to be residents of said
municipality."
SECTION
4.
Said
chapter is further amended by revising Code Section 21-2-98, relating to
compensation of poll officers, by adding a new subsection to read as
follows:
"(c)
It shall not be necessary to compensate volunteers who are appointed to serve as
poll officers and who agree to perform the duties of manager or clerk without
compensation."
SECTION
5.
Said
chapter is further amended by revising subsections (a) and (b) of Code
Section 21-2-101, relating to certification program for county and
municipal election superintendents or election board designee, as
follows:
"(a)
All county and municipal election
superintendents,
chief registrars, and absentee ballot
clerks or, in the case of a board of
elections or a board of elections and registration, the designee of such board
charged with the daily operations of such board shall become certified by
completing a certification program approved by the Secretary of State by no
later than December 31 of the year in which they are appointed. Such program
may include instruction on, and may require the superintendent to demonstrate
proficiency in, the operation of the state's direct recording electronic voting
equipment, the operation of the voting equipment used in such superintendent's
jurisdiction, and in state and federal law and procedures related to elections.
The local government employing the superintendent or designee shall cover the
costs, if any, incurred by such superintendent's or designee's participation in
the certification program. Such certification programs shall be offered by the
Secretary of State on multiple occasions before December 31 of the year in which
such superintendents or designees are appointed and shall not exceed 64 hours of
classroom, online, and practical instruction as authorized and approved by the
Secretary of State.
(b)
Any county
chief
registrar or municipal
election
superintendent
absentee
ballot clerk appointed prior to January 1,
2008
2010,
who has not met the certification requirement shall complete a certification
program approved by the Secretary of State by no later than December 31,
2008
2011."
SECTION
6.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-171,
relating to examination of nomination petitions, as follows:
"(a)
When any nomination petition is presented in the office of the Secretary of
State or of any superintendent for filing within the period limited by this
chapter, it shall be the duty of such officer to examine the same to the extent
necessary to determine if it complies with the law. No
candidate
shall be qualified if such nomination
petition
shall be
permitted to be filed if:
(1)
It
contains
Contains
material errors or defects apparent on the face thereof;
(2)
It
contains
Contains
material alterations made after signing without the consent of the signers;
or
(3)
It
does
Does
not contain a sufficient number of signatures of registered voters as required
by law.
The
Secretary of State or any superintendent shall review the petition for
compliance with the provisions of Code Section 21-2-170 and shall disregard any
pages or signatures that are not in conformance with the provisions of that Code
section. The Secretary of State or any superintendent may question the
genuineness of any signature appearing on a petition or the qualification of any
signer whose signature appears thereon and, if he or she shall thereupon find
that any such signature is improper, such signature shall be disregarded in
determining whether the petition contains a sufficient number of signatures as
required by law. The invalidity of any sheet of a nomination petition shall not
affect the validity of such petition if a sufficient petition remains after
eliminating such invalid sheet."
SECTION
7.
Said
chapter is further amended by revising subsections (a) and (b) of Code
Section 21-2-212, relating to county registrars, as follows:
"(a)
The judge of the superior court in each county or the senior judge in time of
service in those counties having more than one judge shall appoint
quadrennially
in accordance
with this Code section, upon the
recommendation of the grand jury of such county, not less than three nor more
than five judicious, intelligent, and upright electors of such county as county
registrars. The grand jury shall submit to the judge the names of
ten such
electors
a number of
electors equal to twice the number of persons to be
appointed and the appointment shall be
made therefrom and shall be entered on the minutes of the court. When making
such appointments
when
appropriate, the judge will designate one
of the registrars as chief registrar who shall serve as such during such
registrar's term of office, and such designation shall likewise be entered on
the minutes of the court. It shall be the duty of the clerk of the superior
court to certify the appointments and designation to the Secretary of State
within 30 days after the appointments and designation, and commissions shall be
issued as for county officers. When certifying such names to the Secretary of
State, the clerk of the superior court shall also list the addresses of the
registrars. Such judge will have the right to remove one or more of such
registrars at any time for cause after notice and hearing. In case of the
death, resignation, or removal of a registrar, the judge shall appoint a
successor who shall serve until the next grand jury convenes, at which time the
grand jury shall submit to the judge the names of two judicious, intelligent,
and upright electors of such county; and the judge shall make an appointment
from said list, such successor to serve the unexpired term of such registrar's
predecessor in office. In the event the grand jury is in session at the time of
any such death, removal, or resignation, such grand jury shall immediately
submit the names of said electors to the judge for such appointment. Each such
appointment or change in designation shall be entered on the minutes of the
court and certified as provided in this Code section.
(b)(1)
Appointees
Except as
otherwise provided in this subsection,
appointees under this article shall serve
for a term of four years and until their successors are appointed and qualified,
except in the event of resignation or removal as provided in subsection (a) of
this Code section. Their terms shall commence on July 1 and expire on June 30
four years thereafter.
(2)
The first new grand jury which convenes in each county in the year
1965, and
each four years thereafter,
2013
shall submit to the judge the list of names as provided in subsection (a) of
this Code section.
From this
list, the judge shall appoint two registrars to serve two-year terms of office
and until their respective successors are appointed and qualified and not more
than three registrars to serve four-year terms of office and until their
respective successors are appointed and qualified. Thereafter, the first new
grand jury which convenes in each county in each odd-numbered year shall submit
to the judge a list of names equal to twice the number of registrars whose terms
are to expire that year. From this list, the judge shall appoint successors to
the registrars whose terms are expiring that year who shall then serve terms of
office of four years and until their respective successors are selected and
qualified.
(3)
Such list of
names shall be submitted to the judge, who
shall appoint the registrars and designate the chief
registrar, as
needed, prior to June 30. No appointment
for a full term shall be made prior to January 1 of the year in which the
appointee is to take office. If no such grand jury is convened or, if convened
but failed to recommend, the judge shall appoint the registrars without the
necessity of any recommendation. In the event that a registrar holds over
beyond the end of the registrar's term of office due to the failure to have a
successor timely appointed and qualified, the successor shall be appointed to
serve the remainder of the term of office and shall not receive a new four-year
term of office."
SECTION
8.
Said
chapter is further amended by revising subsection (d) of Code Section 21-2-219,
relating to registration cards, as follows:
"(d)
A properly executed registration card submitted under the provisions of
subsection (b) of this Code section shall be considered to be an application for
an absentee ballot under Code Section
21-2-381,
or a special absentee ballot under Code Section 21-2-381.1, as appropriate.
Such card,
subject to the limitations of subsection (c) of this Code section, shall
constitute a request for an absentee ballot for the period beginning upon the
receipt of such card and extending through the second regularly scheduled
general election in which federal candidates are on the ballot for all elections
for federal offices held during such
period."
SECTION
9.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-223,
relating to mail voter registration application forms, as follows:
"(a)
The Secretary of State shall design, publish, and distribute voter registration
application forms with which a person may apply to register to vote by
completing and mailing the form to the Secretary of State
or to the
board of registrars of the person's county of
residence. The Secretary of State shall
forward the applications
that he or she
receives to the appropriate county board
of registrars to determine the eligibility of the applicant and, if found
eligible, to add the applicant's name to the list of electors and to place the
applicant in the correct precinct and voting districts."
SECTION
10.
Said
chapter is further amended by revising subsections (e) and (g) of Code
Section 21-2-224, relating to official list of electors, as
follows:
"(e)
The county board of registrars shall deliver to the chief registrar of the
municipality, upon a basis mutually agreed upon between the county board of
registrars and the governing authority of the municipality, a copy of the list
of electors for the municipality for the primary or election. Such list shall
be delivered
at least
14
not earlier
than the fifth Monday prior to a primary or election and not later than
21 days prior to such primary or election
for the purpose of permitting the chief registrar of the municipality to check
the accuracy of the list. The municipal registrar shall, upon receipt of the
county registration list, or as soon as practicable thereafter but in no event
later than five days prior to such primary or election, review such list and
identify in writing to the county board of registrars any names on the electors
list of persons who are not qualified to vote at such primary or
election,
stating the reason for disqualification. The county board of registrars shall
challenge the persons identified in accordance with Code Section 21-2-228. In
addition, the county board of registrars shall provide a list of inactive
electors for the municipality. The municipal registrar shall certify such lists
and file with the city clerk a copy showing the names of electors entitled to
vote at such primary or election."
"(g)
The official list of electors and the official list of inactive electors
prepared and distributed to the poll officers of each precinct shall include
only the elector's name, address, ZIP Code, date of birth, voter identification
number, a
designation of whether the elector registered for the first time in this state
and is required to comply with Code
Section 21-2-216, a designation of
whether the elector registered for the first time in this state by mail and is
required to comply with Code Sections 21-2-220 and 21-2-417, congressional
district, state Senate district, state House district, county commission
district, if any, county or independent board of education district, if any, and
municipal governing authority district designations, if any, and such other
voting districts, if any. The official list of electors and the official list
of inactive electors prepared and distributed to the poll officers of each
precinct may also include codes designating that an elector has voted by
absentee ballot, has been challenged, or has been sent mail by the registrars
which has been returned marked undeliverable. No person whose name does not
appear on the official list of electors shall vote or be allowed to vote at any
election, except as otherwise provided in this article. The county registrars
shall ensure that the information required to notify poll officers that an
elector registered to vote for the first time in this state by mail and must
comply with subsection (c) of Code Section 21-2-220 and subsection (c) of
Code Section 21-2-417 is placed on each list of electors to be used at a polling
place."
SECTION
11.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-225,
relating to confidentiality of original registration applications, as
follows:
"(b)
Except as provided in Code Section 21-2-225.1, all data collected and maintained
on electors whose names appear on the list of electors maintained by the
Secretary of State pursuant to this article shall be available for public
inspection with the exception of bank statements submitted pursuant to
subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section
21-2-417, the
date
month and
day of birth, the social security numbers,
and driver's license numbers of the electors, and the locations at which the
electors applied to register to vote, which shall remain confidential and shall
be used only for voter registration purposes; provided, however, that any and
all information relating to the dates of birth, social security numbers, and
driver's license numbers of electors may be made available to other agencies of
this state, agencies of other states and territories of the United States, and
to agencies of the federal government if the agency is authorized to maintain
such information and the information is used only to identify the elector on the
receiving agency's data base and is not disseminated further and remains
confidential.
Information
regarding an elector's year of birth shall be available for public
inspection."
SECTION
12.
Said
chapter is further amended by revising subsection (i) of Code Section 21-2-230,
relating to challenge of persons on list of electors by other electors, as
follows:
"(i)
If the challenged elector appears at the polls to vote and it is not practical
to conduct a hearing prior to the close of the polls or if the registrars begin
a hearing and subsequently find that a decision on the challenge cannot be
rendered within a reasonable time, the challenged elector shall be permitted to
vote by
casting a
challenged ballot on the same type of ballot that is used by the county or
municipality for mail-in absentee ballots. Such challenged ballot shall be
sealed in double envelopes as provided in Code Section 21-2-384 and,
after having the word 'Challenged' and the
elector's name written across the back of the
elector's
ballot
outer
envelope, the ballot shall be deposited by the person casting such ballot in a
secure, sealed ballot box notwithstanding
the fact that the polls may have closed prior to the time the registrars make
such a determination, provided that the elector proceeds to vote immediately
after such determination of the registrars. In such cases, if the challenge is
based upon the grounds that the challenged elector is not qualified to remain on
the list of electors, the registrars shall proceed to finish the hearing prior
to the certification of the consolidated returns of the election by the election
superintendent. If the challenge is based on other grounds, no further action
shall be required by the registrars. The election superintendent shall not
certify such consolidated returns until such hearing is complete and the
registrars have rendered their decision on the challenge. If the registrars
deny the challenge, the superintendent shall proceed to certify the consolidated
returns. If the registrars uphold the challenge, the name of the challenged
elector shall be removed from the list of electors and the ballot of the
challenged elector shall be rejected and not counted and, if necessary, the
returns shall be adjusted to remove any votes cast by such elector. The elector
making the challenge and the challenged elector may appeal the decision of the
registrars in the same manner as provided in subsection (e) of Code
Section 21-2-229."
SECTION
13.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-235,
relating to inactive list of electors, as follows:
"(a)
In addition to the official list of electors, the Secretary of State shall also
maintain an inactive list of electors. Notwithstanding any other provision of
law to the contrary, the names of electors on the inactive list of electors
shall not be counted in computing the number of ballots required for an
election, the number of voting devices needed for a precinct, the number of
electors required to divide or constitute a precinct, or the number of
signatures needed on any petition. However, any elector whose name appears on
the inactive list shall be eligible to sign a petition and such petition
signature, if valid
and regardless
of the validity of the petition as a
whole, shall be sufficient to return the
elector to the official list of electors if the elector still resides at the
address listed on the elector's registration records and shall be grounds to
proceed under Code Section 21-2-234 to confirm the change of address of the
elector if the elector provides a different address from the address which
appears on the elector's registration records."
SECTION
14.
Said
chapter is further amended by revising subsection (f) of Code Section 21-2-284,
relating to the form of the official primary ballot, as follows:
"(f)
The ballots shall vary in form only as the names of precincts, offices,
candidates,
color of
ballot cards, or this chapter may
require."
SECTION
15.
Said
chapter is further amended by revising Code Section 21-2-291, relating to
procedure as to unopposed candidates, as follows:
"21-2-291.
Any
other provision of law to the contrary notwithstanding, in the event there is no
opposed candidate in a precinct in a special or general election, no special or
general election shall be held in such precinct unless
more than
one
a
write-in candidate has qualified as provided by law or unless there are issues
to be submitted to the electorate. Except as provided in Code Section 21-2-158,
each such unopposed candidate shall be deemed to have voted for himself or
herself. Where feasible, the superintendent shall provide notice reasonably
calculated to inform the affected electorate that no special or general election
is to be conducted. The superintendent shall certify such unopposed candidate
as elected in the same manner as he or she certifies other candidates as elected
pursuant to Code Section 21-2-493."
SECTION
16.
Said
chapter is further amended by revising Code Section 21-2-379.8, relating to
public exhibition of voting system and sample ballot, as follows:
"21-2-379.8.
(a)
The superintendent or his or her designee
shall, upon
request, make available for demonstration
place on
public exhibition and demonstrate the use of
the direct recording electronic (DRE)
units
throughout
the county or municipality during the month preceding each primary and
election. The Secretary of State shall
advise the superintendents on recommended methods of demonstrating such units so
as to properly educate electors in the use thereof, and, at least during the
initial year in which DRE equipment is used in a county or municipality, all
superintendents shall offer a series of demonstrations and organized voter
education initiatives to equip electors for using such equipment in
voting.
(b)
At least
30
45
days before a general primary or election or during the ten days before a
special primary or
election and
at least 21 days before a municipal general primary or election or during the
ten days before a municipal special primary or
election, the superintendent shall place
on public exhibition, in such public places and at such times as the
superintendent shall deem most suitable for the information and instruction of
the electors, a sample ballot to be used in such election. The sample ballot
shall show the offices and questions to be voted upon, the names and
arrangements of the political parties and bodies, and the names and arrangements
of the candidates to be voted for. Such sample ballots shall be under the
charge and care of a person who is, in the opinion of the superintendent,
competent and qualified as an instructor concerning such ballots and voting
procedures."
SECTION
17.
Said
chapter is further amended by revising Code Section 21-2-380, relating to
definition of absentee elector, as follows:
"21-2-380.
(a)
As used in this article, the term 'absentee elector' means an elector of this
state or a municipality thereof who
casts a ballot
in a primary, election, or runoff other than in person at the polls on the day
of such primary, election, or
runoff:
(1)
Is required to be absent from his or her precinct during the time of the primary
or election he or she desires to vote in;
(2)
Will perform any of the official acts or duties set forth in this chapter in
connection with the primary or election he or she desires to vote
in;
(3)
Because of physical disability or because of being required to give constant
care to someone who is physically disabled, will be unable to be present at the
polls on the day of such primary or election;
(4)
Because the election or primary falls upon a religious holiday observed by such
elector, will be unable to be present at the polls on the day of such primary or
election;
(5)
Is required to remain on duty in his or her place of employment for the
protection of the health, life, or safety of the public during the entire time
the polls are open when such place of employment is within the precinct in which
the voter resides; or
(6)
Is 75 years of age or older.
(b)
An elector who
requests
an
votes
by absentee ballot
by mail or
who casts an absentee ballot in person at the registrar's office or absentee
ballot clerk's office shall not be
required to provide a reason in order to cast an absentee ballot in any primary,
election, or
run-off
primary or election
runoff."
SECTION
18.
Said
chapter is further amended by revising subsection (a) of Code
Section 21-2-381, relating to making of application for an absentee ballot,
as follows:
"(a)(1)(A)
Except as otherwise provided in Code Section 21-2-219, not more than 180 days
prior to the date of the primary or election, or runoff of either, in which the
elector desires to vote, any absentee elector may make, either by mail, by
facsimile transmission, or in person in the registrar's or absentee ballot
clerk's office, an application for an official ballot of the elector's precinct
to be voted at such primary, election, or runoff. Persons who are entitled to
vote by absentee ballot under the federal Uniformed and Overseas Citizens
Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may
additionally make application for an official ballot by electronic
transmission.
(B)
In the case of an elector residing temporarily out of the county or municipality
or a physically disabled elector residing within the county or municipality, the
application for the elector's absentee ballot may, upon satisfactory proof of
relationship, be made by such elector's mother, father, grandparent, aunt,
uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild,
son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or
sister-in-law of the age of 18 or over.
(C)
The application shall be in writing and shall contain sufficient information for
proper identification of the elector; the permanent or temporary address of the
elector to which the absentee ballot shall be mailed; the identity of the
primary, election, or runoff in which the elector wishes to vote;
the reason
for requesting the absentee ballot, if
applicable; and the name and relationship
of the person requesting the ballot if other than the elector.
(D)
Except in the case of physically disabled electors residing in the county or
municipality, no absentee ballot shall be mailed to an address other than the
permanent mailing address of the elector as recorded on the elector's voter
registration record or a temporary out-of-county or out-of-municipality
address.
(E)
Relatives applying for absentee ballots for electors must also sign an oath
stating that facts in the application are true.
(F)
If the elector is unable to fill out or sign such elector's own application
because of illiteracy or physical disability, the elector shall make such
elector's mark, and the person filling in the rest of the application shall sign
such person's name below it as a witness.
(G)
One timely and proper application for an absentee ballot for use in a primary or
election shall be sufficient to require the mailing of the absentee ballot for
such primary or election as well as for any runoffs resulting therefrom and for
all primaries and elections for federal offices and any runoffs therefrom,
including presidential preference primaries, held during the period beginning
upon the receipt of such absentee ballot application and extending through the
second regularly scheduled general election in which federal candidates are on
the ballot occurring thereafter to an eligible absentee elector who lives
outside the county or municipality in which the election is held and is also a
member of the armed forces of the United States, a member of the merchant marine
of the United States, or a spouse or dependent of a member of the armed forces
or the merchant marine residing with or accompanying said member or overseas
citizen.
(H)
Any elector meeting criteria of advanced age or disability specified by rule or
regulation of the State Election Board may request in writing on one application
a ballot for a primary as well as for any runoffs resulting therefrom and for
the election for which such primary shall nominate candidates as well as any
runoffs resulting therefrom. If not so requested by such
person,
a separate and distinct application shall be required for each primary, run-off
primary, election, and run-off election. Except as otherwise provided in this
subparagraph, a separate and distinct application for an absentee ballot shall
always be required for the presidential preference primary held pursuant to
Article 5 of this chapter and for any special election or special
primary.
(2)
A properly executed registration card submitted under the provisions of
subsection (b) of Code Section 21-2-219, if submitted within 180 days of a
primary or election in which the registrant is entitled to vote, shall be
considered to be an application for an absentee ballot under this Code section,
or for a special absentee ballot under Code Section 21-2-381.1, as
appropriate.
(3)
All
applications for an official absentee ballot that are distributed by a person,
entity, or organization shall list thereon all of the legally acceptable
categories of absentee electors contained in Code Section 21-2-380 and shall
require the elector to select the category which qualifies the elector to vote
by absentee ballot, if applicable. Such applications, if properly completed by
the elector or other authorized person and returned to the registrar or absentee
ballot clerk, as appropriate, shall be processed by the registrar or absentee
ballot clerk and, if the elector is found to be qualified, an absentee ballot
shall be mailed or delivered in the office of the registrar or absentee ballot
clerk to such elector
Reserved.
(4)
In extraordinary circumstances as described in Code Section 21-2-543.1, the
registrar or absentee ballot clerk shall determine if the applicants are
eligible to vote under this Code section and shall either mail or issue the
absentee ballots for the election for representative in the United States
Congress to an individual entitled to make application for absentee ballot under
subsection (d) of this Code section the same day any such application is
received, so long as the application is received by 3:00 P.M., otherwise no
later than the next business day following receipt of the application. Any
valid absentee ballot shall be accepted and processed so long as the ballot is
received by the registrar or absentee ballot clerk not later than 45 days after
the ballot is transmitted to the absent uniformed services voter or overseas
voter, but in no event later than 11 days following the date of the
election."
SECTION
19.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-382,
relating to additional sites as additional registrar's office or place of
registration for absentee ballots, as follows:
"(b)
Any other provisions of this chapter to the contrary notwithstanding, in all
counties of this state having a population of 550,000 or more
or having a
population between 88,000 and 90,000
according to the United States decennial census of 1990 or any future such
census, any branch of the county courthouse or courthouse annex established
within any such county shall be an additional registrar's
or absentee
ballot clerk's office or place of
registration for the purpose of receiving absentee ballots under Code Section
21-2-381 and for the purpose of voting absentee ballots under Code Section
21-2-385."
SECTION
20.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-383,
relating to absentee ballots and casting absentee ballot in person using DRE
unit, as follows:
"(b)
Notwithstanding any other provision of this Code section,
in
jurisdictions in which direct recording
electronic
(DRE)
voting systems
may
are used at
the polling places on election day, such direct recording electronic (DRE)
voting systems shall be used for casting
absentee ballots in person at a registrar's
or absentee
ballot clerk's office or in accordance
with Code Section 21-2-382, providing for additional sites.
In such
cases, the absentee ballots shall be coded in such a way that the ballot of a
challenged voter can be separated from other valid ballots at the time of
tabulation until the challenge is
resolved."
SECTION
21.
Said
chapter is further amended by revising subsection (c) of Code Section 21-2-385,
relating to procedure for voting by absentee ballot, as follows:
"(c)
When an elector applies in person for an absentee ballot, after the absentee
ballots have been printed, the absentee ballot
shall
may
be issued to the elector at the time of the application therefor within the
confines of the registrar's or absentee ballot clerk's office
or may be
mailed to the elector, depending upon the elector's request. If the ballot is
issued to the elector at the time of
application,;
and the elector shall then and there
within the
confines of the registrar's or absentee ballot clerk's
office vote and return the absentee ballot
as provided in subsections (a) and (b) of this Code section. The board of
registrars or absentee ballot clerk shall furnish accommodations to the elector
to ensure the privacy of the elector while voting his or her absentee
ballot."
SECTION
22.
Said
chapter is further amended by revising Code Section 21-2-414, relating to
restrictions on campaign activities and public opinion polling within the
vicinity of a polling place, as follows:
"21-2-414.
(a)
No person shall solicit votes in any manner or by any means or method, nor shall
any person distribute
or
display any campaign literature,
newspaper, booklet, pamphlet, card, sign,
paraphernalia,
or any other written or printed matter of any kind, nor shall any person
solicit
signatures for any petition or conduct any
exit poll or public opinion poll with voters on any
primary or
election day
in which
ballots are being cast:
(1)
Within 150 feet of the outer edge of any building within which a polling place
is established;
(2)
Within any polling place; or
(3)
Within 25 feet of any voter standing in line to vote at any polling
place.
(b)
No person shall solicit signatures for any petition on any primary or election
day:
(1)
Within 150 feet of the outer edge of any building within which a polling place
is established;
(2)
Within any polling place; or
(3)
Within 25 feet of any voter standing in line to vote at any polling
place.
(c)
No person shall solicit votes in any manner or by any means or method, nor shall
any person distribute any campaign literature, newspaper, booklet, pamphlet,
card, sign, or any other written or printed matter of any kind, nor shall any
person conduct any exit poll or public opinion poll with voters within a room
under the control or supervision of the registrars or absentee ballot clerk in
which absentee ballots are being cast on any day or within 150 feet of any
elector waiting to cast an absentee ballot pursuant to subsection (b) of Code
Section 21-2-380. No campaign literature, booklet, pamphlet, card, sign, or
other written or printed matter shall be displayed in any building containing a
room under the control or supervision of the registrars or absentee ballot clerk
in which absentee ballots are cast during the period when absentee ballots are
available for voting. These restrictions
shall not apply to conduct occurring in private offices or areas which cannot be
seen or heard by such electors.
(d)
No person shall solicit signatures for any petition within a room under the
control or supervision of the registrars or absentee ballot clerk in which
absentee ballots are being cast on any day.
(d.1)
(b)
Rooms under the control or supervision of the
board
of registrars or absentee ballot clerk in
which absentee ballots are
being
cast shall be considered polling places.
(e)
(c)
No person shall use a cellular telephone or other electronic communication
device once such person has been issued a ballot or, in the case of precincts
using voting machines or electronic recording voting systems, once the person
has entered the voting machine or voting enclosure or booth. This subsection
shall not prohibit the use of cellular telephones by poll
officials.
(f)
(d)
No person whose name appears as a candidate on the ballot being voted upon at a
primary, election, special primary, or special election, except a judge of the
probate court serving as the election superintendent, shall physically enter any
polling place other than the polling place at which that person is authorized to
cast his or her ballot for that primary, election, special primary, or special
election and, after casting his or her ballot, the candidate shall not return to
such polling place until after the poll has closed and voting has ceased
or other than
to transact business with the board of registrars, so long as the person does
not violate any other provision of this Code
section. Judges of the probate court
serving as election superintendents shall enter polling places only as necessary
to fulfill their duties as election superintendents and shall not engage in any
practice prohibited by this Code section.
(g)
(e)
This Code section shall not be construed to prohibit a poll officer from
distributing materials, as required by law, which are necessary for the purpose
of instructing electors or from distributing materials prepared by the Secretary
of State which are designed solely for the purpose of encouraging voter
participation in the election being conducted.
(h)
(f)
Any person who violates this Code section shall be guilty of a
misdemeanor."
SECTION
23.
Said
chapter is further amended by revising subsection (c) of Code Section 21-2-419,
relating to validation of provisional ballots, as follows:
"(c)(1)
If the registrars determine after the polls close, but not later than
two
three
days following the primary or election, that the person casting the provisional
ballot timely registered to vote and was eligible and entitled to vote in such
primary or election, the registrars shall notify the election superintendent and
the provisional ballot shall be counted and included in the
county
county's
or municipality's certified election results.
(2)
If the registrars determine after the polls close, but not later than
two
three
days following the primary or election, that the person voting the provisional
ballot timely registered and was eligible and entitled to vote in the primary or
election but voted in the wrong precinct, then the board of registrars shall
notify the election superintendent. The superintendent shall count such
person's votes which were cast for candidates in those races for which the
person was entitled to vote but shall not count the votes cast for candidates in
those races in which such person was not entitled to vote. The superintendent
shall order the proper election official at the tabulating center or precinct to
prepare an accurate duplicate ballot containing only those votes cast by such
person in those races in which such person was entitled to vote for processing
at the tabulating center or precinct, which shall be verified in the presence of
a witness. Such duplicate ballot shall be clearly labeled with the word
'Duplicate,' shall bear the designation of the polling place, and shall be given
the same serial number as the original ballot. The original ballot shall be
retained.
(3)
If the registrars determine that the person casting the provisional ballot did
not timely register to vote or was not eligible or entitled to vote in such
primary or election or shall be unable to determine within
two
three
days following such primary or election whether such person timely registered to
vote and was eligible and entitled to vote in such primary or election, the
registrars shall so notify the election superintendent and such ballot shall not
be counted. The election superintendent shall mark or otherwise document that
such ballot was not counted and shall deliver and store such ballots with all
other ballots and election materials as provided in Code Section
21-2-500."
SECTION
24.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-501,
relating to number of votes required for election, as follows:
"(a)
Except as otherwise provided in this Code section, no candidate shall be
nominated for public office in any primary or special primary or elected to
public office in any election or special election unless such candidate shall
have received a majority of the votes cast to fill such nomination or public
office. In instances where no candidate receives a majority of the votes cast,
a run-off primary, special primary runoff, run-off election, or special election
runoff between the candidates receiving the two highest numbers of votes shall
be held. Unless such date is postponed by a court order, such run-off primary
or special primary runoff shall be held on the twenty-first day after the day of
holding the preceding primary or special primary, provided that, unless
postponed by court order, a runoff in the case of an election or special
election shall be held on the twenty-eighth day after the day of holding the
preceding election or special
election;
provided, however, that, in the event that a special election is held at the
time of a general primary, any special election runoff shall be held at the time
of the general primary runoff. If any
candidate eligible to be in a runoff withdraws, dies, or is found to be
ineligible, the remaining candidates receiving the two highest numbers of votes
shall be the candidates in the runoff. The candidate receiving the highest
number of the votes cast in such run-off primary, special primary runoff,
run-off election, or special election runoff to fill the nomination or public
office sought shall be declared the winner. The name of a write-in candidate
eligible for election in a runoff shall be printed on the election or special
election run-off ballot in the independent column. The run-off primary, special
primary runoff, run-off election, or special election runoff shall be a
continuation of the primary, special primary, election, or special election for
the particular office concerned. Only the electors who were duly registered to
vote and not subsequently deemed disqualified to vote in the primary, special
primary, election, or special election for candidates for that particular office
shall be entitled to vote therein, and only those votes cast for the persons
designated as candidates in such run-off primary, special primary runoff,
run-off election, or special election runoff shall be counted in the tabulation
and canvass of the votes cast. No elector shall vote in a run-off primary or
special primary runoff in violation of Code Section 21-2-224."
SECTION
25.
Said
chapter is further amended by revising subsection (b) of Code Section 21-2-540,
relating to conduct of special elections generally, as follows:
"(b)
At least 29 days shall intervene between the call of a special primary and the
holding of same, and at least 29 days shall intervene between the call of a
special election and the holding of same. The period during which candidates
may qualify to run in a special primary or a special election shall remain open
for a minimum of two and one-half days. Special elections which are to be held
in conjunction with a state-wide general primary or state-wide general election
shall be called at least
60
90
days prior to the date of such state-wide general primary or state-wide general
election; provided, however, that this requirement shall not apply to special
elections held on the same date as such state-wide general primary or state-wide
general election but conducted completely separate and apart from such
state-wide general primary or state-wide general election using different
ballots or voting equipment, facilities, poll workers, and
paperwork."
SECTION
26.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-562,
relating to fraudulent entries, as follows:
"(a)
Any person who willfully:
(1)
Inserts or permits to be inserted any fictitious name, false figure, false
statement, or other fraudulent entry on or in any registration card, electors
list, voter's certificate, affidavit, tally paper, general or duplicate return
sheet, statement, certificate, oath, voucher, account, ballot
or ballot
card, or other record or document
authorized or required to be made, used, signed, returned, or preserved for any
public purpose in connection with any primary or election;
(2)
Alters materially or intentionally destroys any entry which has been lawfully
made therein; or
(3)
Takes or removes any book, affidavit, return, account, ballot
or ballot
card, or other document or record from the
custody of any person having lawful charge thereof, in order to prevent the same
from being used or inspected or copied as required or permitted by this
chapter
shall
be guilty of a felony and, upon conviction thereof, shall be sentenced to
imprisonment for not less than one nor more than ten years or to pay a fine not
to exceed $100,000.00, or both."
SECTION
27.
Said
chapter is further amended by revising Code Section 21-2-568, relating to entry
into voting compartment or booth while another is voting, as
follows:
"21-2-568.
(a)
Any person who knowingly:
(1)
Goes into the voting compartment or voting machine booth while another is voting
or marks the ballot
or ballot
card or registers the vote for another,
except in strict accordance with this chapter;
(2)
Interferes with any elector marking his or her ballot
or ballot
card or registering his or her
vote;
(3)
Attempts to induce any elector before depositing his or her ballot
or ballot
card to show how he or she marks or has
marked his or her ballot
or ballot
card; or
(4)
Discloses to anyone how another elector voted, without said elector's consent,
except when required to do so in any legal proceeding
shall
be guilty of a felony.
(b)
Any person who, while giving lawful assistance to another, attempts to influence
the vote of the elector he or she is assisting or marks a ballot
or ballot
card or registers a vote in any other way
than that requested by the voter he or she is assisting shall be guilty of a
felony and, upon conviction thereof, shall be sentenced to imprisonment for not
less than one nor more than ten years or to pay a fine not to exceed
$100,000.00, or both."
SECTION
28.
Said
chapter is further amended by revising Code Section 21-2-574, relating to
unlawful possession of ballots, as follows:
"21-2-574.
Any
person, other than an officer charged by law with the care of ballots
or ballot
cards or a person entrusted by any such
officer with the care of the same for a purpose required by law, who has in his
or her possession outside the polling place any official ballot
or ballot
card shall be guilty of a
felony."
SECTION
29.
Said
chapter is further amended by revising subsection (a) of Code Section 21-2-575,
relating to counterfeit ballots, ballot cards, or ballot labels, as
follows:
"(a)
Any person who makes, constructs, or has in his or her possession any
counterfeit of an official
ballot,
ballot card, or ballot label shall be
guilty of a felony."
SECTION
30.
Said
chapter is further amended by revising Code Section 21-2-576, relating to
destroying, defacing, or delaying delivery of ballots or ballot cards, as
follows:
"21-2-576.
Any
person who willfully destroys or defaces any ballot
or ballot
card or willfully delays the delivery of
any ballots
or ballot
cards shall be guilty of a
misdemeanor."
SECTION
31.
Said
chapter is further amended by revising Code Section 21-2-578, relating to
unfolding, opening, or prying into ballots and ballot cards, as
follows:
"21-2-578.
Any
person who, before any ballot
or ballot
card is deposited in the ballot box as
provided by this chapter, willfully unfolds, opens, or pries into any such
ballot or
ballot card with the intent to discover
the manner in which the same has been marked shall be guilty of a
misdemeanor."
SECTION
32.
Said
chapter is further amended by revising Code Section 21-2-579, relating to
fraudulently allowing ballot, ballot card, or voting machine to be seen, as
follows:
"21-2-579.
Any
voter at any primary or election who:
(1)
Allows his or her
ballot,
ballot card, or the face of the voting
machine used by him or her to be seen by any person with the apparent intention
of letting it be known for a fraudulent purpose how he or she is about to
vote;
(2)
Casts or attempts to cast any other than the official ballot
or ballot
card which has been given to him or her by
the proper poll officer, or advises or procures another to do so;
(3)
Without having made the affirmation under oath or declaration required by Code
Section 21-2-409, or when the disability which he or she declared at the time of
registration no longer exists, permits another to accompany him or her into the
voting compartment or voting machine booth or to mark his or her ballot or to
register his or her vote on the voting machine or direct recording electronic
(DRE) equipment; or
(4)
States falsely to any poll officer that because of his or her inability to read
the English language or because of blindness, near-blindness, or other physical
disability he or she cannot mark the ballot
or ballot
card or operate the voting machine without
assistance
shall
be guilty of a misdemeanor."
SECTION
33.
Said
chapter is further amended by revising Code Section 21-2-587, relating to frauds
by poll officers, as follows:
"21-2-587.
Any
poll officer who willfully:
(1)
Makes a false return of the votes cast at any primary or election;
(2)
Deposits fraudulent ballots
or ballot
cards in the ballot box or certifies as
correct a false return of ballots
or ballot
cards;
(3)
Registers fraudulent votes upon any voting machine or certifies as correct a
return of fraudulent votes cast upon any voting machine;
(4)
Makes any false entries in the electors list;
(5)
Destroys or alters any ballot,
ballot
card, voter's certificate, or electors
list;
(6)
Tampers with any voting machine, direct recording electronic (DRE) equipment, or
tabulating computer or device;
(7)
Prepares or files any false voter's certificate not prepared by or for an
elector actually voting at such primary or election; or
(8)
Fails to return to the officials prescribed by this chapter, following any
primary or election, any keys of a voting machine, ballot box, general or
duplicate return sheet, tally paper, oaths of poll officers, affidavits of
electors and others, record of assisted voters, numbered list of voters,
electors list, voter's certificate, spoiled and canceled ballots
or ballot
cards, ballots
or ballot
cards deposited, written, or affixed in or
upon a voting machine, DRE memory cards, or any certificate or any other paper
or record required to be returned under this chapter
shall
be guilty of a felony and, upon conviction thereof, shall be sentenced to
imprisonment for not less than one nor more than ten years or to pay a fine not
to exceed $100,000.00, or both."
SECTION
34.
Said
chapter is further amended by revising Code Section 21-2-588, relating to
premature counting of votes by poll officer, as follows:
"21-2-588.
Any
Except as
provided in Code Section 21-2-386, any
poll officer who counts any votes before the close of the polls or before the
last person has voted, whichever occurs later in time, on the day of any primary
or election shall be guilty of a misdemeanor."
SECTION
35.
Said
chapter is further amended by revising Code Section 21-2-594, relating to
offenses by printers of ballots, as follows:
"21-2-594.
Any
printer employed to print any official ballots
or ballot
cards for use in a primary or election, or
any person engaged in printing the same, who:
(1)
Appropriates to himself or herself or gives or delivers, or knowingly permits to
be taken, any of said ballots
or ballot
cards by any unauthorized person;
or
(2)
Willfully and knowingly prints, or causes to be printed, any official ballot
or ballot
cards in any form other than that
prescribed by the appropriate officials or with any other names or printing, or
with the names spelled otherwise than as directed by such officials or the names
or printing thereon arranged in any other way than that authorized and directed
by this chapter
shall
be guilty of a felony."
SECTION
36.
Chapter
10 of Title 31 of the Official Code of Georgia Annotated, relating to vital
records, is amended by revising subsection (g) of Code Section 31-10-15,
relating to death certificates, as follows:
"(g)
By the
twentieth
On or before
the tenth day of each month, the state
registrar shall furnish to the Secretary of State's office, in a format
prescribed by the Secretary's office, a list of those persons for whom death
certificates have been filed during the preceding month. Such list shall be
used by the Secretary of State to notify local registration officers for the
purpose of purging the voter registration list of each
county."
SECTION
37.
Article
2 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating
to the Department of Law, is amended by adding a new Code section to read as
follows:
"45-15-35.1.
Notwithstanding
any other provision of law to the contrary, at his discretion, the Governor
shall have the power to seek preclearance of any change affecting voting
pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, 42
U.S.C. Section 1973c, including the authority to institute litigation in the
name of the state and to designate legal counsel for the state in such
case."
SECTION
38.
All
laws and parts of laws in conflict with this Act are repealed.