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 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 21-2-431 - Execution of voter's certificate; procedure upon qualification of elector; elector unable to sign name; voting outside precinct of residence; registration as prerequisite to voting

(a)
At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his or her voter's certificate shall sign his or her name or initials on the voter's certificate and shall, if the voter's signature is not readily legible, print such voter's name under his or her signature. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name on the electors list and shall enter the number of the stub of the ballot issued to him or her, or his or her number in the order of admission to the voting machines, on the voter's certificate of such elector. As each elector votes, his or her name in the order of voting shall be recorded in the numbered list of voters provided for that purpose.
(b)
If any elector was unable to sign his or her name at the time of registration or if, having been able to sign his or her name when registered, he or she subsequently shall have become, through physical disability, unable to sign his or her name when he or she applies to vote, he or she shall establish his or her identity to the satisfaction of the poll officers; and in such case he or she shall not be required to sign a voter's certificate, but a certificate shall be prepared for him or her by a poll officer.
(c)
Except as provided in Code Sections
21-2-218
and
21-2-386
, no person shall vote at any primary or election at any polling place outside the precinct in which such person resides, nor shall such person vote in the precinct in which such person resides unless such person has been registered as an elector and such person's name appears on the electors list of such precinct.
Amended by 2006 Ga. Laws 874,§ 7, eff. 1/1/2007.
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 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 21-2-432 - Voter's certificate binder as official list of electors; preservation and disposition of refused applications

After each elector has been admitted to vote, his or her voter's certificate shall be inserted in the binder provided therefor by the registrars, and known as the "voter's certificate binder," and such voter's certificates so bound shall constitute the official list of electors voting at such primary or election. All voter's certificates prepared by persons applying to vote whose applications to vote are refused by the poll officers shall be separately preserved and returned to the superintendent with the other papers.
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 21-2-433 - Admission of electors to enclosed space; detachment of ballots from stubs and distribution of ballots to electors; return of canceled ballots to superintendent

(a)
No elector shall enter the enclosed space behind the guardrail provided for in subsection (a) of Code Section
21-2-267
until he or she is found entitled to vote.
(b)
As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballots in precincts in which ballots are used shall detach a ballot from the stub and give it to the elector, first folding it so that the words and figures printed on the face shall not be visible, and no ballots shall be deposited in the ballot box unless folded in the same manner. If an elector's right to vote has been challenged for cause under Code Section
21-2-230
, the elector shall be entitled to vote a challenged ballot. Not more than one ballot shall be detached from its stub in any book of ballots at any one time. Not more than one ballot shall be given to an elector; but, if an elector inadvertently spoils a ballot, such elector may obtain another upon returning the spoiled one. The ballots thus returned shall be immediately canceled and at the close of the polls shall be enclosed in an envelope, which shall be sealed and returned to the superintendent.
Amended by 2012 Ga. Laws 719,§ 32, eff. 7/1/2012.
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 21-2-434 - Restrictions as to removal of ballots from book or polling place; deposit of official ballots in box; disposition of unofficial ballots

No official ballot shall be taken or detached from its stub in any book of ballots, except by a poll officer when a person desiring to vote has been found to be an elector entitled to vote. Not more than one ballot shall be removed at any one time or given to an elector, except in the case of a spoiled ballot as provided by this article. No person other than the poll officers shall take or remove any ballot from the polling place. Only official ballots shall be deposited in the ballot box and counted, except as otherwise provided in this article. If any ballot appears to have been obtained otherwise than from the superintendent as provided by this article, the same shall not be counted; and the chief manager shall transmit such ballot to the district attorney without delay, together with whatever information he or she may have regarding the same.
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 21-2-436 - Duties of poll officers after the close of the polls

After the polls are closed and the last elector has voted in precincts in which ballots are used, at least two poll officers shall remain within the enclosed space. Before the ballot box is opened, the number of ballots issued to electors, as shown by the stubs, and the number of ballots, if any, spoiled and returned by electors and canceled, shall be announced to all present in the voting room and entered upon the general returns of votes cast at such primary or election. The poll officer shall then compare the number of electors voting as shown by the stubs with the number of names shown as voting by the electors list, voter's certificates, and the numbered list of voters, and shall announce the result, and shall enter on the general returns the number of electors who have voted, as shown by the voter's certificates. If any differences exist, they shall be reconciled, if possible; otherwise, they shall be noted on the general returns. The electors list, the voter's certificates, the numbered list of voters, and the stubs of all ballots used, together with all unused ballots, all spoiled and canceled ballots, and all rejected voter's certificates, shall then be placed in separate packages, containers, or envelopes and sealed before the ballot box is opened.
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 21-2-439 - Decisions concerning questionable marks or defaced or mutilated ballots

Decisions concerning questionable marks on ballots or defacing or mutilation of ballots and the count to be recorded thereon shall be made by the assistant managers; and, if they disagree, the chief manager shall make the decision.
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 21-2-440 - Duty of poll officers to sign general returns; posting of copy of returns; delivery of copy of materials to superintendent

(a)
Immediately after the vote has been counted in precincts in which paper ballots are used, all of the general returns shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general returns, he or she shall write his or her reasons therefor upon the general return sheets. One of such returns shall be immediately posted for the information of the public outside the polling place or place of tabulation, one of such returns shall be returned sealed to the superintendent in an envelope prepared for the Secretary of State or the city clerk, and one shall be entrusted to the chief manager for delivery to the superintendent with the package of unused ballots and other election supplies in an envelope provided for that purpose. The poll officer shall then replace all the ballots cast, so counted and canvassed, in the ballot boxes, including those declared void, spoiled, and canceled, together with the voter's certificates, one set of the tally papers, one general return sheet, one numbered list of voters, sealed as provided in this subsection, and one oath of each poll officer, and lock and seal each ballot box so that nothing can be inserted therein until it is opened again; and the chief manager and an assistant manager shall immediately deliver the ballot boxes to the custody of the superintendent. The superintendent shall not compute any returns from any precinct until the ballot boxes therefor, as well as the package of unused ballots and other election supplies therefrom, are so delivered.
(b)
The tally papers, affidavits of voters and others, including oaths of poll officers, and one general return sheet shall be placed in separate envelopes to be provided for that purpose and sealed as soon as the count is finally completed. All of such envelopes and one numbered list of voters, previously sealed as provided in subsection (a) of this Code section, shall be entrusted to the chief manager to be delivered immediately to the superintendent.
(c)
Immediately upon completion of the count and tabulation of the votes cast, the electors list shall be sealed and returned by the chief manager to the superintendent, who shall transmit it to the registrars.
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 3 - PRECINCTS USING VOTING MACHINES (§§ 21-2-450 — 21-2-457) › Section 21-2-451 - Execution of voter's certificate; procedure upon qualification of elector; elector unable to sign name; voting outside of precinct of residence; registration prerequisite to voting

(a)
At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his or her voter's certificate shall sign his or her name or initials on the voter's certificate and shall, if the voter's signature is not readily legible, print such voter's name under his or her signature. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name on the electors list and shall enter the number of the stub of the ballot issued to him or her, or his or her number in the order of admission to the voting machines, on the voter's certificate of such elector. As each elector votes, his or her name in the order of voting shall be recorded in the numbered list of voters provided for that purpose.
(b)
If any elector was unable to sign his or her name at the time of registration or, if having been able to sign his or her name when registered, he or she subsequently shall have become, through physical disability, unable to sign his or her name when he or she applies to vote, he or she shall establish his or her identity to the satisfaction of the poll officers; and in such case he or she shall not be required to sign a voter's certificate, but a certificate shall be prepared for him or her by a poll officer.
(c)
Except as provided in Code Sections
21-2-218
and
21-2-386
, no person shall vote at any primary or election at any polling place outside the precinct in which such person resides, nor shall such person vote in the precinct in which such person resides unless such person has been registered as an elector and such person's name appears on the electors list of such precinct.
Amended by 2006 Ga. Laws 874,§ 8, eff. 1/1/2007.
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 11 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS (§§ 21-2-400 — 21-2-486) › Part 3 - PRECINCTS USING VOTING MACHINES (§§ 21-2-450 — 21-2-457) › Section 21-2-453 - Voter's certificate binder as constituting official list; separate preservation and return of refused applications

After each elector has been admitted to vote, his or her voter's certificate shall be inserted in the binder provided therefor and known as the "voter's certificate binder." Such voter's certificates so bound shall constitute the official list of electors voting at such primary or election. All voter's certificates prepared by persons applying to vote whose applications to vote are refused by the poll officers shall be separately preserved and returned to the superintendent with the other papers.
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 3 - PRECINCTS USING VOTING MACHINES (§§ 21-2-450 — 21-2-457) › Section 21-2-454 - Duties of poll officers after the close of the polls

(a)
As soon as the polls are closed and the last elector has voted, the poll officers shall immediately lock and seal the operating lever or mechanism of the machine so that the voting and counting mechanism will be prevented from operation, and they shall then sign a certificate stating:
(1)
That the machine has been locked against voting and sealed;
(2)
The number, as shown on the public counter;
(3)
The number on the seal which they have placed upon the machine;
(4)
The number registered on the protective counter or device; and
(5)
The number or other designation of the voting machine,
which certificate shall be returned by the chief manager to the superintendent with the other certificates, as provided in this part.
(b)
The poll officers shall then compare the number, as shown by the public counter of the machine, with the number of names appearing on the numbered list of voters, the electors list, and voter's certificates, which shall then be placed in separate packages, containers, or envelopes and sealed.
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 3 - PRECINCTS USING VOTING MACHINES (§§ 21-2-450 — 21-2-457) › Section 21-2-456 - Form of general return sheet, duplicate return sheets, and statement; posting of vote results; delivery of documents to superintendent; seal and return of electors list upon completion of vote count and tabulation

(a)
The general return sheets, duplicate return sheets, and statement shall be printed to conform with the type of voting machine used and in form approved by the Secretary of State. The designating number and letter, if any, on the counter for each candidate shall be printed thereon opposite the candidate's name. Immediately after the vote has been ascertained, the statement thereof shall be posted on the door of the polling place. Duplicate return sheets, voter's certificates, numbered list of voters, oaths of poll officers, and affidavits of voters and others shall be sealed and given to the chief manager, who shall deliver them, together with the general return sheet and the package of ballots deposited, written, or affixed in or upon the voting machine, to the superintendent. The voter's certificates, rejected voter's certificates, and oaths of assisted voters shall be sealed in a separate envelope addressed to the board of registrars and bearing a list of its contents on the outside. This envelope shall be immediately delivered by the managers into the custody of the superintendent. If the type of voting machine is equipped with a mechanism for printing paper proof sheets, one of such proof sheets shall be posted on the door of the polling place with such statement; one shall be returned with a precinct return sheet sealed in an envelope prepared for the Secretary of State; one shall be placed in the envelope and delivered with the general return sheet; and one shall be sealed in the envelope with the duplicate return sheets and delivered by the chief manager to the superintendent. The printed proof sheet returned with the general return sheet and the printed proof sheet returned with the duplicate return sheet shall each be part of the return of the primary or election.
(b)
Immediately upon the completion of the count and tabulation of the vote cast, the electors list shall be sealed and returned immediately by the chief manager to the superintendent, who shall transmit it to the registrars.
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 3 - PRECINCTS USING VOTING MACHINES (§§ 21-2-450 — 21-2-457) › Section 21-2-457 - Removal, storage, and examination of voting machines after completion of vote count

As soon as possible after the completion of the count in precincts in which voting machines are used, the superintendent shall have the voting machines removed to the place of storage provided for in this chapter. The voting machines shall remain locked against voting for the period of ten days next following each primary and election, and as much longer as may be necessary or advisable because of any existing or threatened contest over the result of the primary or election, with due regard for the date of the next following primary or election, except that they may be opened and all the data and figures therein examined under this chapter, by order of any superior court of competent jurisdiction, or by direction of any legislative committee to investigate and report upon contested primaries or elections affected by the use of such machines. Such data and such figures shall be examined by such committee in the presence of the officer having the custody of such machines.
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 4 - PRECINCTS USING VOTE RECORDERS (§ 21-2-470) › Section 21-2-470 - through 21-2-473 - [Reserved]

Reserved. Repealed by Ga. L. 2003, p. 517, § 51, 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 5 - PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT (§§ 21-2-480 — 21-2-486) › Section 21-2-481 - Design, size, and stock of ballots

Ballots in a precinct using optical scanning voting equipment shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on white or colored material. A serially numbered strip shall be attached to each ballot to be counted by a central count tabulator.
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 5 - PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT (§§ 21-2-480 — 21-2-486) › Section 21-2-482 - Absentee ballots for precincts using optical scanning voting equipment

Ballots in a precinct using optical scanning voting equipment for voting by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars 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 or municipalities using voting machines, direct recording electronic (DRE) units, or ballot scanners, the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof 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 and shall have printed at the top the name and designation of the precinct.
Amended by 2021 Ga. Laws 9,§ 38B, eff. 3/25/2021.
Amended by 2019 Ga. Laws 24,§ 39, eff. 4/2/2019.
Amended by 2003 Ga. Laws 209, § 53, 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 5 - PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT (§§ 21-2-480 — 21-2-486) › Section 21-2-484 - Requirements for ballot recap form; delivery

Upon completion of voting, the manager shall prepare and sign a ballot recap form, in sufficient counterparts, showing:
(1)
The number of valid ballots, including any that are damaged;
(2)
The number of spoiled and invalid ballots; and
(3)
The number of unused ballots.
The manager shall then place one copy of the recap form and the defective, spoiled, and invalid ballots, each enclosed in an envelope, in the ballot container or in the case of counties using a central count tabulating system, in a separate envelope container, along with the voted ballots, which shall be sealed by the manager so that it cannot be opened without breaking the seal. The manager and one poll officer shall then deliver the ballot container and the envelope container, if applicable, to the tabulating machine center or other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location.
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 5 - PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT (§§ 21-2-480 — 21-2-486) › Section 21-2-485 - Responsibilities of poll officers

As soon as the polls are closed and the last elector has voted in precincts in which optical scanners are used, the poll officers shall:
(1)
For central count optical scan ballots:
(A)
Seal the ballot box and deliver the ballot box to the tabulating center, as designated by the superintendent; and
(B)
(i)
Examine the ballots and separate those ballots containing write-in votes.
(ii)
Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot voted by the same elector, so that write-in ballots may be identified with the corresponding ballots.
(iii)
After the write-in ballots have been so marked, place the write-in ballots in an envelope marked "Write-in Ballots" and designate the polling place and the number of write-in ballots contained therein on such envelope, which shall be sealed and signed by the managers and placed in the ballot container with the other ballots.
(iv)
Place any ballot that is so torn, bent, or mutilated that it may not be counted by the tabulating machine in an envelope marked "Defective Ballots" and place the envelope in the container with other ballots; and
(2)
For precinct count optical scan ballots:
(A)
Feed ballots from the auxiliary compartment of the ballot box, if any, through the tabulator; and
(B)
After all ballots have been fed through the tabulator the poll officer shall cause the tabulator to print out a tape with the total votes cast in each election.
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 5 - PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT (§§ 21-2-480 — 21-2-486) › Section 21-2-486 - Votes for write-in candidates

The superintendent, in computing the votes cast at any election, shall compute and certify only those write-in votes properly cast for candidates who have given proper notice of intent to be write-in candidates pursuant to Code Section
21-2-133
exactly as such names were written by the elector.
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 12 - RETURNS (§§ 21-2-490 — 21-2-504) › Section 21-2-490 - Hours of operation of office of superintendent and chairperson of county board of registrars on primary and election days; applicability to counties having population of 550,000 or more

(a)
Each superintendent shall cause his or her office to remain open during the entire duration of each primary and election and after the close of the polls, until all the ballot boxes and returns have been received in the office of the superintendent or received in such other place as has been designated by him or her.
(b)
The chairperson of the county board of registrars shall cause his or her office to remain open during the entire duration of each primary and election and after the close of the polls, until completion of the duties of said board. The provisions of this subsection shall not apply with respect to such offices in counties of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census.
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 12 - RETURNS (§§ 21-2-490 — 21-2-504) › Section 21-2-491 - Public inspection of unsealed returns at office of superintendent; opening of sealed envelopes upon order of superintendent or court

The general returns from the various precincts which have been returned unsealed shall be open to public inspection at the office of the superintendent as soon as they are received from the chief managers. None of the envelopes sealed by poll officers and entrusted to the chief manager for delivery to the superintendent shall be opened by any person except by order of the superintendent or of a court of competent jurisdiction.
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 12 - RETURNS (§§ 21-2-490 — 21-2-504) › Section 21-2-492 - Computation and canvassing of returns; notice of place where returns will be computed and canvassed; blank forms for making statements of returns; swearing of assistants

The superintendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his or her office or at some other convenient public place at the county seat or municipality following the close of the polls on the day of such primary or election with accommodations for those present insofar as space permits. An interested candidate or his or her representative shall be permitted to keep or check his or her own computation of the votes cast in the several precincts as the returns from the same are read, as directed in this article. The superintendent shall give at least one week's notice prior to the primary or election by publishing same in a conspicuous place in the superintendent's office, of the place where he or she will commence and hold his or her sessions for the computation and canvassing of the returns; and he or she shall keep copies of such notice posted in his or her office during such period. The superintendent shall procure a sufficient number of blank forms of returns made out in the proper manner and headed as the nature of the primary or election may require, for making out full and fair statements of all votes which shall have been cast within the county or any precinct therein, according to the returns from the several precincts thereof, for any person voted for therein, or upon any question voted upon therein. The assistants of the superintendent in the computation and canvassing of the votes shall be first sworn by the superintendent to perform their duties impartially and not to read, write, count, or certify any return or vote in a false or fraudulent manner.
Amended by 2021 Ga. Laws 9,§ 40, eff. 3/25/2021.
Amended by 2012 Ga. Laws 719,§ 35, eff. 7/1/2012.
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 12 - RETURNS (§§ 21-2-490 — 21-2-504) › Section 21-2-494 - Computation and certification of write-in votes

The superintendent, in computing the votes cast at any election, shall compute and certify only those write-in votes cast for candidates who have given proper notice of intent to be write-in candidates pursuant to Code Section
21-2-133
exactly as such names were written by the elector.
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 12 - RETURNS (§§ 21-2-490 — 21-2-504) › Section 21-2-496 - Preparation and filing by superintendent of four copies of consolidated return of primary; electronic filing; superintendent to furnish final copy of each ballot used for primary

(a)
Each county and municipal superintendent shall prepare four copies of the consolidated return of the primary to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows:
(1)
One copy to be posted at the office of the election superintendent for the information of the public;
(2)
One copy to be filed in the superintendent's office;
(3)
One copy to be forwarded to the Secretary of State together with a copy of each precinct return, the numbered list of voters of each precinct, and the returns and the numbered list of voters for absentee electors; and
(4)
One copy to be sealed and filed with the clerk of the superior court, in the case of a county election, or with the city clerk, in the case of a municipal election, as required by Code Section
21-2-500
.
(b)
The Secretary of State is authorized to provide a method by which the election superintendent can file the results of primaries and elections electronically. Once the Secretary of State provides such a method of filing, the election superintendent shall file a copy of the election returns electronically in the manner prescribed by the Secretary of State in addition to the filing provided in subsection (a) of this Code section. The Secretary of State is authorized to promulgate such rules and regulations as necessary to provide for such an electronic filing.
(c)
Each county and municipal superintendent shall, upon certification, furnish to the Secretary of State in a manner determined by the Secretary of State a final copy of each ballot used for such primary.
Amended by 2012 Ga. Laws 719,§ 37, eff. 7/1/2012.
Amended by 2012 Ga. Laws 719,§ 36, eff. 7/1/2012.
Amended by 2008 Ga. Laws 718,§ 5, 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 12 - RETURNS (§§ 21-2-490 — 21-2-504) › Section 21-2-497 - Preparation and filing by superintendent of four copies of consolidated return of elections; superintendent to furnish final copy of each ballot used for election

(a)
Each county and municipal superintendent shall prepare four copies of the consolidated return of the election to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows:
(1)
One copy to be posted at the office of the election superintendent for the information of the public;
(2)
One copy to be filed and recorded as a permanent record in the minutes of the superintendent's office;
(3)
One copy to be sealed and filed with the clerk of the superior court, in the case of a county election, or with the city clerk, in the case of a municipal election, as required by Code Section
21-2-500
; and
(4)
One copy to be returned immediately to the Secretary of State unless required as follows:
(A)
In the case of election of federal and state officers, a separate return showing totals of the votes cast for each of such officers respectively shall be forwarded by the superintendent to the Secretary of State on forms furnished by the Secretary of State;
(B)
In the case of referendum elections provided for by an Act of the General Assembly, the returns shall immediately be certified by the authority holding such election to the Secretary of State, along with the precinct returns and numbered list of voters for each precinct. In addition thereto, the official citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications;
(C)
In the case of elections on constitutional amendments, the returns shall be certified immediately to the Secretary of State. Upon receiving the certified returns from the various superintendents, the Secretary of State shall immediately proceed to canvass and tabulate the votes cast on such amendments and certify the results to the Governor; and
(D)
In the case of election for presidential electors, a separate return shall be prepared by each superintendent and certified immediately to the Secretary of State.
(b)
Each county and municipal superintendent shall, upon certification, furnish to the Secretary of State in a manner determined by the Secretary of State a final copy of each ballot used for such election.
Amended by 2012 Ga. Laws 719,§ 38, eff. 7/1/2012.
Amended by 2008 Ga. Laws 718,§ 6, 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 12 - RETURNS (§§ 21-2-490 — 21-2-504) › Section 21-2-498.1 - [Pilot program for auditing of paper ballot images using optical character recognition technology or other related technology]

The Secretary of State shall create a pilot program for the auditing of paper ballot images using optical character recognition technology or other related technology which shall verify the human-readable text portion of the ballot. Such auditing program shall not be based on or tabulate any QR code, bar code, or similar machine coding that may be printed on such ballots. Such audits shall include all ballot types, and the audit findings shall be reported prior to final certification of the election.
Added by 2024 Ga. Laws 697,§ 11, eff. 7/1/2024.
Added by 2024 Ga. Laws 589,§ 6, eff. 7/1/2024.
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 12 - RETURNS (§§ 21-2-490 — 21-2-504) › Section 21-2-499 - Duty of Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers; certification of presidential electors by Governor

(a)
Upon receiving the certified returns of any election from the various superintendents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph (a)(4)(A) of Code Section
21-2-497
and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his or her office the tabulation thereof. In the event an error is found in the certified returns presented to the Secretary of State or in the tabulation, computation, or canvassing of votes as described in this Code section, the Secretary of State shall notify the county submitting the incorrect returns and direct the county to correct and recertify such returns. Upon receipt by the Secretary of State of the corrected certified returns of the county, the Secretary of State shall issue a new certification of the results and shall file the same in his or her office.
(b)
The Secretary of State shall also, upon receiving the certified returns for presidential electors, proceed to tabulate, compute, and canvass the votes cast for each slate of presidential electors and shall immediately lay them before the Governor. Not later than 5:00 P.M. on the seventeenth day following the date on which such election was conducted, the Secretary of State shall certify the votes cast for all candidates described in subparagraph (a)(4)(A) of Code Section
21-2-497
and upon all questions voted for by the electors of more than one county and shall no later than that same time lay the returns for presidential electors before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes. The Governor shall certify the slates of presidential electors no later than 5:00 P.M. on the eighteenth day following the date on which such election was conducted. Notwithstanding the deadlines specified in this Code section, such times may be altered for just cause by an order of a judge of superior court of this state.
(c)
The Secretary of State shall not count, tabulate, or publish the names of any write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with Code Section
21-2-133
.
Amended by 2019 Ga. Laws 24,§ 43, eff. 4/2/2019.
Amended by 2012 Ga. Laws 719,§ 39, eff. 7/1/2012.
Amended by 2003 Ga. Laws 209, § 57, eff. 7/1/2003.
Amended by 2001 Ga. Laws 166.
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 12 - RETURNS (§§ 21-2-490 — 21-2-504) › Section 21-2-501.1 - [Repealed] Timing whenever a municipal general primary is held in conjunction with the general primary in even-numbered years

Repealed by 2012 Ga. Laws 719,§ 40, eff. 7/1/2012.
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 12 - RETURNS (§§ 21-2-490 — 21-2-504) › Section 21-2-503 - Issuance of commission to person whose election is contested; procedure upon finding that person to whom commission was issued was not legally elected; swearing into office of person whose election is contested

(a)
A commission which is to be issued, as provided for by this chapter, to any person elected to any office shall be issued notwithstanding the fact that the election of such person to any such office may be contested in the manner provided by this chapter. Whenever it shall appear, by the final judgment of the proper tribunal having jurisdiction of a contested election, that the person to whom such commission shall have been issued has not been elected legally to the office for which he or she has been commissioned, then a commission shall be issued to the person who shall appear to be elected legally to such office. The issuing of such commission shall nullify the commission already issued; and all power and authority first issued under such commission shall thereupon cease.
(b)
Upon the certification of the results of the election, a person elected to a municipal office may be sworn into office notwithstanding that the election of such person may be contested in the manner provided by this chapter. Upon the final judgment of the proper tribunal having jurisdiction of a contested election which orders a second election or declares that another person was legally elected to the office, the person sworn into municipal office shall cease to hold the office and shall cease to exercise the powers, duties, and privileges of the office immediately.
(c)
Upon the certification of the results of the election, a person elected to a federal, state, or county office may be sworn into office notwithstanding that the election of such person may be contested in the manner provided by this chapter. Upon the final judgment of the proper tribunal having jurisdiction of a contested election which orders a second election or declares that another person was legally elected to the office, the person sworn into such office shall cease to hold the office and shall cease to exercise the powers, duties, and privileges of the office immediately.
Amended by 2011 Ga. Laws 240,§ 20, eff. 7/1/2011.
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 12 - RETURNS (§§ 21-2-490 — 21-2-504) › Section 21-2-504 - Special primary or election upon failure to nominate or elect or upon death, withdrawal, or failure of officer-elect to qualify

(a)
Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a run-off primary or election, whenever any person elected to public office shall die or withdraw prior to taking office, or whenever any person elected to public office shall fail to take that office validly, the authority with whom the candidates for such nomination or office file notice of candidacy shall call a special primary or election to fill such position. If a special primary will not be held and unless otherwise provided by law, the call of a special election shall be made within 45 days after the occurrence of the vacancy.
(b)
Whenever any person elected to municipal public office shall, after taking office, die, withdraw, or for any other reason create a vacancy in his or her office and the municipal charter fails to provide a method for the filling of such vacancy, the governing authority shall thereupon call a special election to fill such vacancy.
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 13 - CONTESTED ELECTIONS AND PRIMARIES (§§ 21-2-520 — 21-2-529) › Section 21-2-520 - Definitions

As used in this article, the term:
(1)
"Contestant" means any person or persons entitled under Code Section
21-2-521
to contest the result of any primary or election.
(2)
"Defendant" means:
(A)
The person whose nomination or election is contested;
(B)
The person or persons whose eligibility to seek any nomination or office in a run-off primary or election is contested;
(C)
The election superintendent or superintendents who conducted the contested primary or election; or
(D)
The public officer who formally declared the number of votes for and against any question submitted to electors at an election.
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 13 - CONTESTED ELECTIONS AND PRIMARIES (§§ 21-2-520 — 21-2-529) › Section 21-2-521 - Primaries and elections which are subject to contest; persons who may bring contest

The nomination of any person who is declared nominated at a primary as a candidate for any federal, state, county, or municipal office; the election of any person who is declared elected to any such office (except when otherwise prescribed by the federal Constitution or the Constitution of Georgia); the eligibility of any person declared eligible to seek any such nomination or office in a run-off primary or election; or the approval or disapproval of any question submitted to electors at an election may be contested by any person who was a candidate at such primary or election for such nomination or office, or by any aggrieved elector who was entitled to vote for such person or for or against such question.
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 13 - CONTESTED ELECTIONS AND PRIMARIES (§§ 21-2-520 — 21-2-529) › Section 21-2-522 - Grounds for contest

A result of a primary or election may be contested on one or more of the following grounds:
(1)
Misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result;
(2)
When the defendant is ineligible for the nomination or office in dispute;
(3)
When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result;
(4)
For any error in counting the votes or declaring the result of the primary or election, if such error would change the result; or
(5)
For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election.
Amended by 2008 Ga. Laws 453,§ 1, eff. 5/6/2008.
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 13 - CONTESTED ELECTIONS AND PRIMARIES (§§ 21-2-520 — 21-2-529) › Section 21-2-522.1 - Rebuttable presumption of legal vote in contested election

Notwithstanding any other provisions of this chapter, for the purposes of election contests, a vote cast by a person who has been listed on the official list of electors for a period of ten years or longer shall be rebuttably presumed to be a legal vote despite an unsigned voter registration card, so long as that person continues to meet the eligibility requirements of Code Section
21-2-216
. For such a voter, there shall be a rebuttable presumption that the voter has taken the oath and that the voter registration card is a replacement of the original voter registration card.