Bill Text: GA HB665 | 2009-2010 | Regular Session | Comm Sub

---

Bill Title: Elections; 2010 pilot program; electronic transmission of absentee ballots; provisions

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Passed) 2010-07-01 - Effective Date [HB665 Detail]

Download: Georgia-2009-HB665-Comm_Sub.html

---

10 LC 28 5012S

House Bill 665 (COMMITTEE SUBSTITUTE)

By: Representatives Hamilton of the 23rd, Scott of the 153rd, Amerson of the 9th, Collins of the 27th, Hanner of the 148th, and others

A BILL TO BE ENTITLED
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 provide for a pilot program for the electronic transmission of absentee ballots by military and overseas citizens; to provide for the requirements and procedures for such program; to provide for certain rules and regulations; to provide for certain reports; to provide for related matters; 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 Code Section 21-2-387, which is reserved, as follows:

"21-2-387.

(a) The Secretary of State shall develop and implement a pilot program for the electronic transmission, receipt, and counting of absentee ballots by 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, for use in a general election and general election runoff.

(b) Such pilot program shall provide, at a minimum, for:

(1) The encryption of information and the transmission of such information over a secure network;

(2) The authentication of such information;

(3) The verification of the identity and eligibility of the elector to vote in the election or runoff, as the case may be;

(4) The protection of the privacy, anonymity, and integrity of the ballots cast;

(5) The prevention of the casting of multiple ballots by the same elector in an election;

(6) The prevention of any tampering, abuse, fraudulent use, or illegal manipulation of such system;

(7) The uninterrupted reliability of such system for casting ballots by qualified voters;

(8) The capability of the elector to determine if the electronic transmission of the ballot was successful;

(9) The ability to audit such ballots and to verify that such ballots were properly counted; and

(10) The ability to verify that the information transmitted over the secure network was not viewed or altered by sites that lie between the voting location and the vote counting destination.

(c) The Secretary of State shall develop procedures by which persons who are eligible to utilize the pilot program to vote shall be notified of its availability and the procedures and methods for its utilization.

(d) The Secretary of State and the State Election Board are authorized to promulgate such rules and regulations as necessary to implement the provisions of this Code section.

(e) The Secretary of State shall review the results of the pilot program and shall provide the members of the General Assembly with a comprehensive report no later than 90 days following the general election and general election runoff in which such pilot program is used on the effectiveness of such pilot program with any recommendations for its continued use and any needed changes in such program for future elections.

(f) The pilot program shall be used in the first general election and general election runoff following:

(1) The inclusion in the Appropriations Act of a specific line item appropriation for funding of such pilot program or a determination by the Secretary of State that there is adequate funding through public or private funds, or a combination of public and private funds, to conduct the pilot program; provided, however, that no funds shall be accepted from registered political parties or political bodies for this purpose; and

(2) Certification by the Secretary of State that such pilot program is feasible and can be implemented for such general election and general election runoff.

(g) This Code section shall be repealed by operation of law on July 1 of the year following the conclusion of the pilot program Reserved."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.