reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 5 - ELECTRONIC RECORDING VOTING SYSTEMS (§§ 21-2-379 — 21-2-379.12) › Section 21-2-379.10 - Procedure for electors

(a)
A duly qualified elector shall cast his or her vote on a direct recording electronic (DRE) unit by touching the screen or pressing the appropriate button on the unit for the candidate or issue of such elector's choice. After having the opportunity to vote in all races and upon all questions in which the elector is eligible to vote, the unit shall display a summary of the choices which the elector has made. At that time, the elector shall also be notified of any races or questions in which the elector did not make a selection and all other choices of the elector shall be displayed for the elector's review. The elector shall have the opportunity to change any choices which the elector made in voting the ballot and be allowed to vote in those races and on those questions which the elector did not previously make a selection or cast a vote, and the elector will again be presented with a summary display of his or her choices.
(b)
After the summary screen is displayed and the elector desires to make no further changes to his or her votes, the elector shall be notified that he or she is about to cast the ballot. The elector shall then press the appropriate button on the unit or location on the screen to actually cast his or her ballot. After pressing the appropriate button on the unit or location on the screen to cast the ballot, the elector's vote shall be final and shall not be subsequently altered.
(c)
If an elector leaves the voting booth without having pressed the appropriate button on the unit or location on the screen to finally cast his or her ballot and cannot be located to return to the booth to complete the voting process, then a poll worker shall take the steps necessary to void the ballot that was not completed by the elector and an appropriate record shall be made of such event.
Amended by 2003 Ga. Laws 10, § 1, eff. 5/14/2003.
Added by 2002 Ga. Laws 769, § 1-4, eff. 5/13/2002.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 5 - ELECTRONIC RECORDING VOTING SYSTEMS (§§ 21-2-379 — 21-2-379.12) › Section 21-2-379.12 - [Repealed] Direct recording electronic (DRE)

Added by 2006 Ga. Laws 646,§ 2, eff. 4/28/2006.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 6 - ELECTRONIC BALLOT MARKERS (§§ 21-2-379.21 — 21-2-379.26) › Section 21-2-379.21 - Access to optical scanning voting systems for disabled

Each polling place in this state utilizing optical scanning voting systems shall be equipped with at least one electronic ballot marker that meets the requirements as set forth in this part that is accessible to individuals with disabilities.
Added by 2019 Ga. Laws 24,§ 26, eff. 4/2/2019.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 6 - ELECTRONIC BALLOT MARKERS (§§ 21-2-379.21 — 21-2-379.26) › Section 21-2-379.22 - Requirements for electronic ballot marking

No electronic ballot marker shall be adopted or used in primaries or elections in this state unless it shall, at the time, satisfy the following requirements:
(1)
Provide facilities for marking ballots for all candidates and for all referendums or questions for which the elector shall be entitled to vote in a primary or election;
(2)
Permit each elector, in one operation, to mark a vote for presidential electors for all the candidates of one party or body for the office of presidential elector;
(3)
Permit each elector to mark votes, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears as a candidate for election; to mark votes for as many persons for an office as he or she is entitled to vote for; and to mark votes for or against any question upon which he or she is entitled to vote;
(4)
Preclude the marking of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; preclude the marking of votes for more persons for any office than the elector is entitled to vote for; and preclude the marking of votes for any candidate for the same office or upon any question more than once;
(5)
Permit voting in absolute secrecy so that no person can see or know any other elector's votes, except when he or she has assisted the elector in voting, as prescribed by law;
(6)
Produce a paper ballot which is marked with the elector's choices in a format readable by the elector;
(7)
Be constructed of good quality material in a neat and workmanlike manner;
(8)
When properly operated, mark correctly and accurately every vote cast;
(9)
Be so constructed that an elector may readily learn the method of operating it; and
(10)
Be safely transportable.
Added by 2019 Ga. Laws 24,§ 26, eff. 4/2/2019.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 6 - ELECTRONIC BALLOT MARKERS (§§ 21-2-379.21 — 21-2-379.26) › Section 21-2-379.23 - [Effective Until 7/1/2026] Requirements for ballot display; role of Secretary of State; printed paper ballot controls during recount; name and designation of precinct on ballot

(a)
The ballot display information and appearance on an electronic ballot marker shall conform as nearly as practicable to Code Sections
21-2-379.4
and
21-2-379.5
.
(b)
The form and arrangement of ballots marked and printed by an electronic ballot marker shall be prescribed by the Secretary of State; provided, however, that such ballots shall be printed on security paper that incorporates features which can be used to authenticate the ballot as an official ballot but which do not make the ballot identifiable to a particular elector; provided, further, that at least one such feature is a visible watermark that identifies the ballot as an official Georgia ballot.
(c)
Notwithstanding any other law to the contrary, ballots marked and printed by an electronic ballot marker shall, at a minimum, contain:
(1)
The words "OFFICIAL BALLOT";
(2)
The name and date of the election;
(3)
The titles of the respective offices for which the elector is eligible to vote;
(4)
Words identifying the proposed constitutional amendments or other questions for which the elector is eligible to vote;
(5)
The name of the candidate and, for partisan offices, indication of the candidate's political party or political body affiliation, or the answer to the proposed constitutional amendment or other question for which the elector intends to vote; and
(6)
Clear indication that the elector has not marked a vote for any particular office, constitutional amendment, or other question.
(d)
The paper ballot marked and printed by the electronic ballot marker shall constitute the official ballot and shall be used for, and govern the result in, any recount conducted pursuant to Code Section
21-2-495
and any audit conducted pursuant to Code Section
21-2-498
.
(e)
Each ballot printed by an electronic ballot marker shall include the name and designation of the precinct at the top.
Amended by 2024 Ga. Laws 589,§ 2, eff. 7/1/2024.
Amended by 2021 Ga. Laws 9,§ 23A, eff. 3/25/2021.
Added by 2019 Ga. Laws 24,§ 26, eff. 4/2/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 6 - ELECTRONIC BALLOT MARKERS (§§ 21-2-379.21 — 21-2-379.26) › Section 21-2-379.23 - [Effective 7/1/2026] Requirements for ballot display; role of Secretary of State; printed paper ballot controls during recount; name and designation of precinct on ballot

(a)
The ballot display information and appearance on an electronic ballot marker shall conform as nearly as practicable to Code Sections
21-2-379.4
and
21-2-379.5
.
(b)
The form and arrangement of ballots marked and printed by an electronic ballot marker shall be prescribed by the Secretary of State; provided, however, that such ballots shall be printed on security paper that incorporates features which can be used to authenticate the ballot as an official ballot but which do not make the ballot identifiable to a particular elector; provided, further, that at least one such feature is a visible watermark that identifies the ballot as an official Georgia ballot.
(c)
Notwithstanding any other law to the contrary, ballots marked and printed by an electronic ballot marker shall, at a minimum, contain:
(1)
The words "OFFICIAL BALLOT";
(2)
The name and date of the election;
(3)
The titles of the respective offices for which the elector is eligible to vote;
(4)
Words identifying the proposed constitutional amendments or other questions for which the elector is eligible to vote;
(5)
The name of the candidate and, for partisan offices, indication of the candidate's political party or political body affiliation, or the answer to the proposed constitutional amendment or other question for which the elector intends to vote; and
(6)
Clear indication that the elector has not marked a vote for any particular office, constitutional amendment, or other question.
(d)
The text portion of the paper ballot marked and printed by the electronic ballot marker indicating the elector's selection shall constitute the official ballot and shall constitute the official vote for purposes of vote tabulation, any recount conducted pursuant to Code Section
21-2-495
, and any audit conducted pursuant to Code Section
21-2-498
. The official tabulation count of any ballot scanner shall be based upon the text portion or the machine mark, provided that such mark clearly denotes the elector's selection and does not use a QR code, bar code, or similar coding, of such ballots and not any machine coding that may be printed on such ballots.
(e)
Each ballot printed by an electronic ballot marker shall include the name and designation of the precinct at the top.
Amended by 2024 Ga. Laws 697,§ 7, eff. 7/1/2026.
Amended by 2024 Ga. Laws 589,§ 2, eff. 7/1/2024.
Amended by 2021 Ga. Laws 9,§ 23A, eff. 3/25/2021.
Added by 2019 Ga. Laws 24,§ 26, eff. 4/2/2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 6 - ELECTRONIC BALLOT MARKERS (§§ 21-2-379.21 — 21-2-379.26) › Section 21-2-379.26 - Storage of equipment

(a)
All electronic ballot markers and related equipment, when not in use, shall be properly stored and secured under conditions as shall be specified by the Secretary of State.
(b)
The superintendent shall store the devices and related equipment under his or her supervision or shall designate another person or entity to provide secure storage of such devices and related equipment when it is not in use at a primary or election. The superintendent shall provide compensation for the safe storage and care of such devices and related equipment if the devices and related equipment are stored by another person or entity.
Added by 2019 Ga. Laws 24,§ 26, eff. 4/2/2019.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 10 - ABSENTEE VOTING (§§ 21-2-380 — 21-2-390) › Section 21-2-380 - "Absentee elector" defined; when reason for absentee ballot not required

(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.
(b)
An elector who votes by absentee ballot shall not be required to provide a reason in order to cast an absentee ballot in any primary, election, or runoff.
Amended by 2010 Ga. Laws 632,§ 17, eff. 7/1/2010.
Amended by 2008 Ga. Laws 531,§ 1, eff. 5/12/2008.
Amended by 2005 Ga. Laws 53,§ 50, eff. 7/1/2005.
Amended by 2003 Ga. Laws 209, § 35, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 10 - ABSENTEE VOTING (§§ 21-2-380 — 21-2-390) › Section 21-2-380.1 - Appointment of absentee ballot clerk

The governing authority of a municipality shall appoint an absentee ballot clerk who may be the county registrar or any other designated official and who shall perform the duties set forth in this article.
Amended by 2017 Ga. Laws 250,§ 15, eff. 7/1/2017.
Amended by 2003 Ga. Laws 10, § 1, eff. 5/14/2003.
Amended by 2001 Ga. Laws 164.
Amended by 2001 Ga. Laws 165.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 10 - ABSENTEE VOTING (§§ 21-2-380 — 21-2-390) › Section 21-2-381.2 - State write-in absentee ballot for certain electors

(a)
The Secretary of State shall design a state write-in absentee ballot for federal offices and state offices that are voted upon on a state-wide basis for use in a primary runoff or election runoff by an eligible absentee elector who lives outside the county or municipality in which the election is held and who is:
(1)
A member of the armed forces of the United States, a member of the merchant marine of the United States, a member of the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration, or a spouse or dependent of such member residing with or accompanying said member; or
(2)
A citizen of the United States residing outside the United States.
(b)
Such state write-in absentee ballot shall be automatically included with any absentee ballot sent to such eligible absentee electors for any general primary or general election. No special request for such state write-in absentee ballot shall be required.
(c)
The state write-in absentee ballot shall contain instructions for completing and returning such ballot.
(d)
The Secretary of State shall establish a website which such eligible absentee electors may access to determine if there is a primary runoff or election runoff for a federal office or a state office that is voted upon on a state-wide basis. The address of such website shall be included in the instructions for voting such state write-in absentee ballot.
(e)
The State Election Board may provide by rule or regulation for additional means of transmitting the state write-in absentee ballot to eligible absentee electors, including, but not limited to, the use of facsimile transmissions and portable document format electronic versions.
(f)
The registrars shall send a regular absentee ballot to such eligible absentee electors in accordance with Code Section
21-2-381
. In the event that both the regular absentee ballot and the state write-in absentee ballot are received by the registrars within the time period for receiving absentee ballots, the regular absentee ballot shall be counted and the state write-in absentee ballot shall be kept unopened in the same manner as absentee ballots that are returned too late to be counted. Ballots for primary runoffs and election runoffs that are postmarked by the date of the primary runoff or election runoff, if proper in all other respects, shall be counted if received by the registrars within the three-day period following such primary runoff or election runoff.
Amended by 2023 Ga. Laws 353,§ 2, eff. 7/1/2023.
Amended by 2006 Ga. Laws 452,§ 1, eff. 4/14/2006.
Amended by 2005 Ga. Laws 53,§ 52, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 10 - ABSENTEE VOTING (§§ 21-2-380 — 21-2-390) › Section 21-2-383 - Preparation and delivery of ballots; form of ballots; casting ballot in person using DRE unit; casting ballot in person or as absentee using electronic ballot markers

(a)
Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars or absentee ballot clerk as provided in Code Section
21-2-384
. Such ballots shall be marked "Official Absentee Ballot" and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines or direct recording electronic (DRE) units the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter. Every such ballot shall have printed with other instructions thereon the following:
"I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law."
The form for either ballot shall be determined and prescribed by the Secretary of State, except in municipal primaries or elections, in which the form of absentee ballots which follows the paper ballot format shall be determined and prescribed by the superintendent.
(b)
Notwithstanding any other provision of this Code section, in jurisdictions in which direct recording electronic (DRE) voting systems 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.
(c)
Notwithstanding any other provision of this Code section to the contrary, in jurisdictions in which electronic ballot markers are used in the polling places on election day, such electronic ballot markers 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.
Amended by 2019 Ga. Laws 24,§ 29, eff. 4/2/2019.
Amended by 2010 Ga. Laws 632,§ 20, eff. 7/1/2010.
Amended by 2010 Ga. Laws 632,§ 20, eff. 7/1/2010.
Amended by 2003 Ga. Laws 209, § 37, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 10 - ABSENTEE VOTING (§§ 21-2-380 — 21-2-390) › Section 21-2-385.1 - Preferential treatment for older and disabled voters

During the period of advance voting established pursuant to subsection (d) of Code Section
21-2-385
, each elector who is 75 years of age or older or who is disabled and requires assistance in casting an absentee ballot in person at the registrar's office, absentee ballot clerk's office, or other locations as provided for in Code Section
21-2-382
shall, upon request to a designated office employee or other individual, be authorized to vote immediately at the next available voting compartment or booth without having to wait in line if such location utilizes direct recording electronic voting systems or be authorized to go to the head of any line necessary to cast a written absentee ballot. Notice of the provisions of this Code section shall be prominently displayed in the registrar's office or absentee ballot clerk's office.
Amended by 2011 Ga. Laws 241,§ 4, eff. 7/1/2011.
Added by 2008 Ga. Laws 788,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 10 - ABSENTEE VOTING (§§ 21-2-380 — 21-2-390) › Section 21-2-388 - Cancellation of absentee ballots of electors who are present in election precinct during primaries and elections

When an absentee ballot which has been voted shall be returned to and received by the board of registrars, it shall be deemed to have been voted then and there; and no other ballot shall be issued to the same elector. If an elector has requested to vote by absentee ballot and has not received such absentee ballot, has such ballot in his or her possession, has not yet returned such ballot, or has returned such ballot but the registrars have not received such ballot, such elector may have the absentee ballot canceled and vote in person on the day of the primary, election, or runoff in one of the following ways:
(1)
If the elector is in possession of the ballot, by surrendering the absentee ballot to the poll manager of the precinct in which the elector's name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark "Canceled" and the date and time across the face of the absentee ballot and shall initial same. The poll manager shall also make appropriate notations beside the name of the elector on the electors list. All such canceled absentee ballots shall be returned with other ballots to the superintendent; or
(2)
If the elector has not received the ballot, has not yet returned the ballot, or if the elector has returned the ballot but the registrars have not received the ballot, by appearing in person before the managers of the elector's precinct, the registrars, or the absentee ballot clerk and requesting in writing that the envelope containing the elector's absentee ballot be marked "Canceled." After having satisfied themselves as to the identity of such elector and confirming that the elector's absentee ballot has not yet been received by the board of registrars, the registrars or the absentee ballot clerk shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit the elector to vote in person in that precinct. If the absentee ballot is in the mail, has not yet been returned, or its exact location is unknown, the registrar or the absentee ballot clerk shall write "Canceled" beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. If the location of the requested absentee ballot is known to the elector and it has not been surrendered to the poll manager, the elector shall destroy the absentee ballot after casting his or her vote in person. Canceled absentee ballots shall be disposed of in the same manner as provided in subsection (a) of Code Section
21-2-386
for absentee ballots returned too late to be cast.
Amended by 2019 Ga. Laws 24,§ 33, eff. 4/2/2019.
Amended by 2007 Ga. Laws 261,§ 5, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 10 - ABSENTEE VOTING (§§ 21-2-380 — 21-2-390) › Section 21-2-389 - Payment of postage for mailing absentee ballots

The postage required for mailing ballots to absentee electors, as provided for in this article, shall be paid by the county or municipality, except in cases where free mail delivery is furnished by the federal government.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 10 - ABSENTEE VOTING (§§ 21-2-380 — 21-2-390) › Section 21-2-390 - Delivery of election materials to clerk of superior court or city clerk; accounting for ballots; inspection and audit of information contained in absentee ballot applications or envelopes

(a)
All official absentee ballots and envelopes on which the forms of affidavits and jurats appear shall be delivered to the clerk of the superior court or the city clerk upon the conclusion of the primary or election and shall be safely kept by him or her for the period required by law and then shall be destroyed. The applications for such ballots shall be retained by the board of registrars or the municipal absentee ballot clerk for at least 24 months and then may be destroyed. On the day following the primary or election, the board of registrars or the municipal absentee ballot clerk shall transmit all canceled, spoiled, and rejected absentee ballots and copies of requests for cancellation of absentee ballots to the clerk of the superior court or the city clerk to be held with other election materials as provided in Code Section
21-2-500
. The registrars or the municipal absentee ballot clerk shall also transmit an accounting of all absentee ballots, including the number furnished by the registrars or the municipal absentee ballot clerk, the number issued to electors, the number spoiled, and the number rejected.
(b)
The Secretary of State shall be authorized to inspect and audit the information contained in the absentee ballot applications or envelopes at his or her discretion at any time during the 24 month retention period. Such audit may be conducted state wide or in selected counties or cities and may include the auditing of a statistically significant sample of the envelopes or a full audit of all of such envelopes. For this purpose, the Secretary of State or his or her authorized agents shall have access to such envelopes in the custody of the clerk of superior court or city clerk.
Amended by 2021 Ga. Laws 9,§ 30, eff. 3/25/2021.
Amended by 2003 Ga. Laws 209, § 41, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 1 - GENERAL PROVISIONS (§§ 21-2-400 — 21-2-421) › Section 21-2-400 - Duty of superintendent to obtain cards of instruction, blank forms of oaths, and other forms and supplies; preparation and distribution of sample or facsimile ballot labels

(a)
Prior to each primary and election, the superintendent shall obtain from the Secretary of State a sufficient number of cards of instruction for guidance of electors. Such cards of instruction shall include such portions of this chapter as deemed necessary by the Secretary of State and shall be printed for the type of voting equipment or ballots used in the county or municipality. The superintendent shall also obtain from the Secretary of State a sufficient number of blank forms of oaths of poll officers, voter's certificates, voting rights posters, notices of penalties, oaths of assisted electors, numbered list of voters, tally sheets, return sheets, and such other forms and supplies required by this chapter, in each precinct of the county or municipality.
(b)
As an aid to electors, sample ballots or ballot labels may be printed and published in any newspaper generally and regularly circulated within the county or municipality, so long as the facsimile is labeled "Sample Ballot" and is at least 25 percent larger or smaller than the official ballot. Reprints of such newspaper printings may be procured and distributed by any elector. Election officials may also prepare and distribute sample ballots or ballot labels or portions thereof, provided they are labeled "Sample Ballot" and are of a different color and at least 25 percent larger or smaller than the official ballot or ballot label.
(c)
The superintendent shall prepare sample or facsimile ballots or ballot labels, as the case may be, for each general election which shall contain each question and the candidates who are offering for election for each office which will be voted upon in the county or municipality for distribution upon request to interested electors. Such sample or facsimile ballots or ballot labels shall comply with Code Section
21-2-575
.
Amended by 2011 Ga. Laws 240,§ 15, eff. 7/1/2011.
Amended by 2005 Ga. Laws 53,§ 56, eff. 7/1/2005.
Amended by 2003 Ga. Laws 209, § 42, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 1 - GENERAL PROVISIONS (§§ 21-2-400 — 21-2-421) › Section 21-2-402 - Voter's certificates; preparation, forms, and procedures

(a)
At each primary and election, the Secretary of State shall prepare and furnish to each superintendent a suitable number of voter's certificates which shall be in substantially the following form:
VOTER'S CERTIFICATE
I hereby certify that I am qualified to vote at the (primary or election) held on __________________, that I have not and will not vote elsewhere in this (primary or election) in my own name or in any other name, and that I am a citizen of the United States and am not currently serving a sentence for a felony conviction. I understand that making a false statement on this certificate is a felony under Code Section
21-2-562
.
Signature __________________
Current residence address of elector:
__________________
Elector's date of birth: __________________
Name or initials of poll officer receiving voter's certificate: __________________
In case of physical disability or illiteracy, fill out the following:
Reason for assistance (Check appropriate square):
( ) Elector is unable to read the English language.
( ) Elector requires assistance due to physical disability.
__________________
Signature of poll officer
Number of stub of ballot or number of admission to voting machine: __________________
(b)
The voter's certificates shall be so prepared as to be capable of being inserted by the poll officers in a suitable binder for each primary or election. The binder shall have written thereon the words "Voter's Certificates" and shall have a space for filling in the designation of the precinct and the date of the primary or election.
(c)
The election superintendent may obtain or may create and provide other voter's certificates, provided that such other voter's certificates are in the form required under this Code section and are approved by the Secretary of State.
Amended by 2006 Ga. Laws 874,§ 5, eff. 1/1/2007.
Amended by 2001 Ga. Laws 165, § 35, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 1 - GENERAL PROVISIONS (§§ 21-2-400 — 21-2-421) › Section 21-2-403 - Time for opening and closing of polls; extended poll hours

(a)
At all primaries and elections the polls shall be opened at 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and shall remain open continuously until 7:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, at which time they shall be closed; provided, however, that, in all cities having a population of 300,000 or more according to the United States decennial census of 1970 or any future such census, the polls shall remain open continuously until 8:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, during the cities' general elections, at which time they shall be closed and provided, further, that, in a special election held to fill a vacancy in an office in which the district represented by such office lies wholly within the boundaries of a city, the polls shall close at the same time as for a municipal general election in such city.
(b)
Poll hours at a precinct may be extended only by order of a judge of the superior court of the county in which the precinct is located upon good cause shown by clear and convincing evidence that persons were unable to vote at that precinct during a specific period or periods of time. Poll hours shall not be extended longer than the total amount of time during which persons were unable to vote at such precinct. Any order extending poll hours at a precinct beyond 9:00 P.M. shall be by written order with specific findings of fact supporting such extension.
Amended by 2021 Ga. Laws 9,§ 31, eff. 3/25/2021.
Amended by 2001SP Ga. Laws 2EX3, § 1, eff. 9/13/2001.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 1 - GENERAL PROVISIONS (§§ 21-2-400 — 21-2-421) › Section 21-2-404 - Affording employees time off to vote

Each employee in this state shall, upon reasonable notice to his or her employer, be permitted by his or her employer to take any necessary time off from his or her employment to vote in any municipal, county, state, or federal political party primary or election for which such employee is qualified and registered to vote either on one of the days that are designated for advance in-person voting or on the day on which such primary or election is held; provided, however, that such necessary time off shall not exceed two hours. The employer may specify the hours during which the employee may absent himself or herself as provided in this Code section.
Amended by 2023 Ga. Laws 341,§ 3, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 1 - GENERAL PROVISIONS (§§ 21-2-400 — 21-2-421) › Section 21-2-406 - Public performance of duties by officials

Superintendents, poll officers, and other officials engaged in the conducting of primaries and elections held under this chapter shall perform their duties in public.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 1 - GENERAL PROVISIONS (§§ 21-2-400 — 21-2-421) › Section 21-2-407 - Duty of registrars to review qualifications of electors who may have been erroneously omitted from list of electors; authority to place such electors on the list

The registrars shall meet at their main office during each primary or election for the purpose of considering the qualification of electors whose names may have been omitted by inadvertence or mistake from the list of electors. The registrars shall be authorized to place the names of such electors on the registration list or make other corrections to the list as necessary.
Amended by 2001 Ga. Laws 165, § 36, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 1 - GENERAL PROVISIONS (§§ 21-2-400 — 21-2-421) › Section 21-2-409 - Assisting electors who cannot read English or who have disabilities

(a)
No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language or he or she has a disability which renders him or her unable to see or mark the ballot or operate the voting equipment or to enter the voting compartment or booth without assistance. A person assisting an elector shall identify himself or herself to a poll worker who shall record such information on the disabled elector's voter certificate showing that such person provided assistance in voting to such elector.
(b)
Any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select any person of the elector's choice except such elector's employer or agent of that employer or officer or agent of such elector's union to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person whose name appears on the ballot as a candidate at a particular election nor the 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 that candidate shall offer assistance during that particular election under the provisions of this Code section to any voter who is not related to such candidate. For the purposes of this subsection, "related to such candidate" shall mean the candidate'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. Notice of the availability of such assistance shall be prominently posted at each polling place.
Amended by 2019 Ga. Laws 24,§ 34, eff. 4/2/2019.
Amended by 2008 Ga. Laws 706,§ 11, eff. 7/1/2008.
Amended by 2006 Ga. Laws 874,§ 6, eff. 1/1/2007.
Amended by 2004 Ga. Laws 446, § 1, eff. 4/29/2004.
Amended by 2003 Ga. Laws 209, § 45, eff. 7/1/2003.
Amended by 2001 Ga. Laws 165.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 1 - GENERAL PROVISIONS (§§ 21-2-400 — 21-2-421) › Section 21-2-409.1 - Voting by electors who are 75 years of age or older or disabled electors without having to wait in line

On election day between the hours of 9:30 A.M. and 4:30 P.M., each elector who is 75 years of age or older or who is disabled and requires assistance in voting as authorized by Code Section
21-2-409
, shall, upon request to a poll officer, be authorized at any primary or election to vote immediately at the next available voting compartment or booth without having to wait in line. Notice of the provisions of this Code section shall be prominently displayed in the voting place.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 1 - GENERAL PROVISIONS (§§ 21-2-400 — 21-2-421) › Section 21-2-410 - Poll officers authorized to give instructions to electors upon request

If any elector, before or after entering the voting booth, shall ask for instructions concerning the manner of voting, a poll officer may give such elector such instructions; but no person giving an elector such instructions shall in any manner request, suggest, or seek to persuade or induce any such elector to vote any particular ticket or for any particular candidate or for or against any particular question. After giving such instructions and before the elector closes the booth or votes, the poll officer shall retire and the elector shall immediately vote.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 1 - GENERAL PROVISIONS (§§ 21-2-400 — 21-2-421) › Section 21-2-411 - Return of checked list of electors and voter's certificates to superintendent; disposition of list and certificates by registrars

The chief manager in each precinct shall return a checked list of electors, reflecting those who voted, and the voter's certificates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such voter's certificates for at least 24 months and such electors lists for at least five years.
Amended by 2012 Ga. Laws 719,§ 29, eff. 7/1/2012.
Amended by 2001 Ga. Laws 165, § 39, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 1 - GENERAL PROVISIONS (§§ 21-2-400 — 21-2-421) › Section 21-2-412 - Duties of superior courts on days of primaries and elections

At least one judge of the superior court of each judicial circuit shall be available in his or her circuit on the day of each primary or election from 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, until 10:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, and so long thereafter as it may appear that the process of such court will be necessary to secure a free, fair, and correct computation and canvass of votes cast at such primary or election. During such period the court shall issue process, if necessary, to enforce and secure compliance with the primary or election laws and shall decide such other matters pertaining to the primary or election as may be necessary to carry out the intent of this chapter.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 1 - GENERAL PROVISIONS (§§ 21-2-400 — 21-2-421) › Section 21-2-415 - [Repealed and Reserved] Requirements as to identification of campaign literature; unauthorized use of another's name in connection with campaign material; penalty

Repealed and Reserved by 2008 Ga. Laws 706,§ 12, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 1 - GENERAL PROVISIONS (§§ 21-2-400 — 21-2-421) › Section 21-2-420 - Procedure for counting and tabulation of ballots

(a)
After the time for the closing of the polls and the last elector voting, the poll officials in each precinct shall complete the required accounting and related documentation for the precinct and shall advise the election superintendent of the total number of ballots cast at such precinct and the total number of provisional ballots cast. The chief manager and at least one assistant manager shall post a copy of the tabulated results for the precinct on the door of the precinct and then immediately deliver all required documentation and election materials to the election superintendent. The election superintendent shall then ensure that such ballots are processed, counted, and tabulated as soon as possible and shall not cease such count and tabulation until all such ballots are counted and tabulated.
(b)
The election superintendent shall ensure that each precinct notifies the election superintendent of the number of ballots cast and number of provisional ballots cast as soon as possible after the time for the closing of the polls and the last elector votes. The election superintendent shall post such information publicly. The State Election Board shall promulgate rules and regulations regarding how such information shall be publicly posted to ensure transparency, accuracy, and security.
Added by 2021 Ga. Laws 9,§ 36, eff. 3/25/2021.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 1 - GENERAL PROVISIONS (§§ 21-2-400 — 21-2-421) › Section 21-2-421 - Posting of required information after closing of polls; reporting to Secretary of State

(a)
As soon as possible but not later than 11:59 P.M. following the close of the polls on the day of a primary, election, or runoff, the election superintendent shall report to the Secretary of State and post in a prominent public place the following information:
(1)
The number of ballots cast at the polls on the day of the primary, election, or runoff, including provisional ballots cast;
(2)
The number of ballots cast at advance voting locations during the advance voting period for the primary, election, or runoff; and
(3)
The total number of absentee ballots returned to the board of registrars by the deadline to receive such absentee ballots on the day of the primary, election, or runoff.
(b)
Upon the completion of the report provided for in subsection (a) of this Code section, the election superintendent shall compare the total number of ballots received as reported in subsection (a) of this Code section and the counting of the ballots in the primary, election, or runoff minus any rejected and uncured absentee ballots, uncounted provisional ballots, and any other uncounted ballots, with the total number of ballots cast in the primary, election, or runoff. The results of such comparison and all explanatory materials shall be reported to the Secretary of State. The reason for any discrepancy shall be fully investigated and reported to the Secretary of State.
Amended by 2023 Ga. Laws 341,§ 4, eff. 7/1/2023.
Added by 2021 Ga. Laws 9,§ 36, eff. 3/25/2021.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 2 - PRECINCTS USING PAPER BALLOTS (§§ 21-2-430 — 21-2-440) › Section 21-2-430 - Opening of ballot boxes; destruction of irrelevant materials; locking of ballot box; public breaking of seals; instruction cards and notices of penalties

In precincts in which ballots are used, the poll officers shall, after taking the oath, publicly open the ballot boxes which have been furnished to them and shall, prior to opening of the polls, totally destroy any ballots and other papers which they may find therein which are not intended for use in such primary or election. When the polling place is opened, the ballot box shall be securely locked and shall not be opened until the close of the polls, as provided in Code Section
21-2-436
. At the opening of the polls, the seals of the packages furnished by the superintendent shall be publicly broken and such packages shall be opened by the chief manager. The cards of instruction shall be immediately posted in each voting compartment. One card of instruction, one notice of penalties, and one voting rights poster shall be immediately posted in or about the voting room outside the enclosed space; and such card of instruction, notice of penalties, and voting rights poster shall be given to any elector at his or her request so long as there are any on hand.
Amended by 2005 Ga. Laws 53,§ 61, eff. 7/1/2005.