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 1 - GENERAL PROVISIONS (§ 21-2-310) › Section 21-2-310 - Definitions

As used in this article, the term:
(1)
"Candidate counters" or "question counters" means the counters which numerically register the votes cast for candidates and on questions, respectively.
(2)
"Diagram" means an illustration of the official ballot showing the names of the parties, bodies, offices, and candidates and statements of the questions, in their proper places, together with the voting devices therefor.
(3)
"Protective counter" means a counter or protective device or devices that will register each time the machine is operated and shall be constructed and so connected that it cannot be reset, altered, or operated except by operating the machine.
(4)
"Public counter" means a counter or other device which shall, at all times, publicly indicate how many times the machine has been voted on during an election.
(5)
"Registering counter" shall not include a protective counter.
(6)
"Vote indicator" means those devices with which votes are indicated for candidates or for or against questions.
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 2 - VOTING MACHINES (§§ 21-2-320 — 21-2-334) › Section 21-2-320 - Power of municipal governing authority to authorize use of and to procure voting machines

The governing authority of any municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of voting machines for recording and computing the vote at all elections held in the municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure voting machines conforming to the requirements of this part.
Amended by 2005 Ga. Laws 53,§ 38, 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 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 2 - VOTING MACHINES (§§ 21-2-320 — 21-2-334) › Section 21-2-323 - Installation of voting machines; discontinuance of use of paper ballots; minimum number; different types; requirements as to working order and capacity

(a)
When the use of voting machines has been authorized in the manner prescribed by Code Section
21-2-320
or
21-2-321
, such voting machines shall be installed, either simultaneously or gradually, within the municipality. Upon the installation of voting machines in any precinct, the use of paper ballots therein shall be discontinued, except as otherwise provided by this chapter.
(b)
In each precinct in which voting machines are used, the municipal governing authority shall provide at least one voting machine for each 500 electors, or major fraction thereof, except that at least one voting machine shall be provided in each such precinct in any case.
(c)
Voting machines of different kinds may be used for different precincts in the same municipality.
(d)
The municipal governing authority shall provide voting machines in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices, which, under existing laws and party rules, are likely to be voted for at any future primary or election.
Amended by 2005 Ga. Laws 53,§ 40, 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 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 2 - VOTING MACHINES (§§ 21-2-320 — 21-2-334) › Section 21-2-325.1 - Candidates with same or similar names

If two or more candidates for the same nomination or office shall have the same or similar names, the Secretary of State, in the case of federal or state offices, the superintendent of elections, in the case of county offices, or the official with whom such candidates qualify, in the case of municipal elections, shall print or cause to be printed the residence address of all candidates for such nomination or office on the ballot labels under their names. The designated official shall determine whether the names of the candidates are of such a similar nature as to warrant printing the residence address of all candidates for that office on the ballot labels; and the decision of the designated official shall be conclusive.
Amended by 2003 Ga. Laws 10, § 1, eff. 5/14/2003.
Added by 2001 Ga. Laws 164.
Added 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 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 2 - VOTING MACHINES (§§ 21-2-320 — 21-2-334) › Section 21-2-326 - Unofficial ballot labels

(a)
If ballot labels for a precinct at which a voting machine is to be used are not delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable; and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels.
(b)
If any voting machine shall become out of order during a primary or election and repair or substitution cannot be made, paper ballots, either printed or written, and of any suitable form, may be used for the taking of votes.
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 2 - VOTING MACHINES (§§ 21-2-320 — 21-2-334) › Section 21-2-328 - Delivery, set up, and sealing of properly furnished voting machines prior to primary or election; protection of voting machines against molestation or injury

(a)
The superintendent shall deliver the proper voting machine or voting machines, properly furnished with ballot labels, to the polling places of the respective precincts at least one hour before the time set for opening the polls at each primary or election and shall cause each machine to be set up in the proper manner for use in voting. Each machine shall then remain sealed until the examination immediately preceding the opening of the polls prescribed by this chapter.
(b)
The superintendent shall provide ample protection against molestation of and injury to the voting machine and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary; and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the superintendent.
(c)
The superintendent shall furnish for each voting machine at least one hour before the opening of the polls:
(1)
A lamp which shall give sufficient light to enable electors, while in the voting machine booth, to read the ballot labels, and which shall be suitable for the use of poll officers in examining the counters; and the lamp shall be prepared and in good order for use before the opening of the polls;
(2)
Two diagrams, of suitable size, representing such part of the face of such voting machine as will be in use in the primary or election and accompanied by directions for voting on the machine; and such diagrams shall be posted prominently outside the enclosed space within the polling place; and
(3)
A seal for sealing the machine after the polls are closed; an envelope for the return of the keys, if the construction of the voting machine shall permit their separate return; and such other election materials and supplies as may be necessary or as may be required by law.
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 2 - VOTING MACHINES (§§ 21-2-320 — 21-2-334) › Section 21-2-329 - Delivery of voting machine keys to chief manager

The superintendent shall deliver the keys which unlock the operating mechanism and the registering counters or counter compartment of the voting machine to the chief manager not later than one hour before the time set for the opening of the polls and shall take his or her receipt therefor. The keys shall be enclosed in a sealed envelope on which shall be written or printed:
(1)
The number of the voting machine;
(2)
The designation of the precinct;
(3)
The number of the seal; and
(4)
The number registered on the protective counter or device as reported by the custodian;
provided, however, that, if the type of voting machine used requires the simultaneous use of three keys to unlock the registering counters or counter compartment, only two of the said keys shall be enclosed in such sealed envelope, the third key being retained by the custodian or the superintendent.
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 2 - VOTING MACHINES (§§ 21-2-320 — 21-2-334) › Section 21-2-330 - Public exhibition of and instruction on sample voting machine

(a)
During the five days preceding a municipal general primary or election or during the three days preceding a municipal special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more voting machines containing the ballot labels and showing the offices and questions to be voted upon, the names and arrangements of parties and bodies, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines shall be under the charge and care of a person competent as custodian and instructor. No voting machine which is to be assigned for use in a primary or election shall be used for such public exhibition and instruction after having been prepared and sealed for the primary or election.
(b)
During such public exhibition and instruction, the counting mechanism of the voting machine shall be concealed from view and the doors or cover concealing the same shall be opened, if at all, only temporarily and only upon written authorization from the superintendent.
(c)
Prior to any primary or election, the superintendent may cause copies of any diagram or diagrams required to be furnished with voting machines at polling places to be made, either in full size or in reduced size, and to be posted, published, advertised, or distributed among the electors in such manner as he or she may deem desirable.
Amended by 2005 Ga. Laws 53,§ 43, 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 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 2 - VOTING MACHINES (§§ 21-2-320 — 21-2-334) › Section 21-2-331 - Designation and compensation of custodians of voting machines and keys; storage of voting machines when not in use

(a)
The municipal governing authority shall designate a person or persons who shall have the custody of the voting machines of the municipality and the keys therefor when the machines are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the machines and keys.
(b)
All voting machines, when not in use, shall be properly covered and stored in a suitable place or places.
Amended by 2005 Ga. Laws 53,§ 44, 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 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 2 - VOTING MACHINES (§§ 21-2-320 — 21-2-334) › Section 21-2-332 - Use of portable polling facilities

In precincts in which voting machines are used, the superintendent may, in his or her discretion, procure and provide portable polling facilities of adequate size for any or all of such precincts.
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 2 - VOTING MACHINES (§§ 21-2-320 — 21-2-334) › Section 21-2-333 - Responsibility of municipal governing authority to provide for payment for voting machines; issuance of bonds or other indebtedness to meet costs

The governing authority of any municipality which adopts voting machines in a manner provided for by this article shall, upon the purchase of voting machines, provide for their payment by the municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of municipalities to meet all or any part of the cost of the voting machines.
Amended by 2005 Ga. Laws 53,§ 45, 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 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 2 - VOTING MACHINES (§§ 21-2-320 — 21-2-334) › Section 21-2-334 - Voting by paper ballot when use of voting machine impossible or impracticable

If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of voting machines is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of voting machines for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of voting machines wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and return thereof made in the manner required by law for such nominations, offices, or questions, insofar as paper ballots are used.
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 3 - [RESERVED] VOTE RECORDERS AND TABULATING MACHINES (§ 21-2-350) › Section 21-2-350 - through 21-2-364 - [Reserved]

Reserved. Repealed by Ga. L. 2002, p. 598, § 2-10, eff. 4/1/2003.
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 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 4 - OPTICAL SCANNING VOTING SYSTEMS (§§ 21-2-365 — 21-2-378) › Section 21-2-365 - Requirements for use of optical scanning voting systems

No optical scanning voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1)
It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted;
(2)
It shall permit each elector, in one operation per ballot, to vote for all the candidates of one party or body for presidential electors;
(3)
Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;
(4)
It shall permit each elector to vote, 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 upon a ballot as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote;
(5)
A ballot scanner shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once;
(6)
It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law;
(7)
It shall be constructed of material of good quality in a neat and workmanlike manner;
(8)
It shall, when properly operated, record correctly and accurately every vote cast;
(9)
It shall be so constructed that an elector may readily learn the method of operating it; and
(10)
It shall be safely transportable.
Amended by 2019 Ga. Laws 24,§ 19, 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 4 - OPTICAL SCANNING VOTING SYSTEMS (§§ 21-2-365 — 21-2-378) › Section 21-2-366 - Authorization for utilization of optical scanning systems

The governing authority of any county or municipality may, at any regular meeting or at a special meeting called for the purpose, by a majority vote authorize and direct the use of optical scanning voting systems for recording and computing the vote at elections held in the county or municipality. If so authorized and directed, the governing authority shall purchase, lease, rent, or otherwise procure optical scanning voting systems conforming to the requirements of this part.
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 4 - OPTICAL SCANNING VOTING SYSTEMS (§§ 21-2-365 — 21-2-378) › Section 21-2-367 - Installation of systems; number of systems; good working order

(a)
When the use of optical scanning voting systems has been authorized in the manner prescribed in this part, such optical scanning voting systems shall be installed, either simultaneously or gradually, within the county or municipality.
(b)
(1)
In each precinct in which optical scanning voting systems are used in a state-wide general election, except as provided for in paragraph (2) of this subsection, the county election superintendent shall provide at least one voting booth or enclosure for each 250 electors therein, or fraction thereof.
(2)
For any primary, election, or runoff, the county or municipal election superintendent may provide a greater or lesser number of voting booths or enclosures if, after a thorough consideration of the type of election, expected turnout, the number of electors who have already voted by advance voting or absentee ballot, and other relevant factors that inform the appropriate amount of equipment needed, such superintendent determines that a different amount of equipment is needed or sufficient. Such determination shall be subject to the provisions of Code Section
21-2-263
.
(c)
Reserved.
(d)
The county or municipal governing authority, as appropriate, shall provide optical scanning voting systems in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election.
Amended by 2024 Ga. Laws 599,§ 5, eff. 7/1/2024.
Amended by 2021 Ga. Laws 9,§ 22, eff. 3/25/2021.
Amended by 2019 Ga. Laws 24,§ 20, eff. 4/2/2019.
Amended by 2005 Ga. Laws 53,§ 46, 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 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 4 - OPTICAL SCANNING VOTING SYSTEMS (§§ 21-2-365 — 21-2-378) › Section 21-2-369 - Printing of ballots; arrangement

(a)
The ballots shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the ballot scanner, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used except that all ovals appearing on the ballot to indicate where a voter should mark to cast a vote may be printed in red ink.
(b)
The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors and that the ballots shall not be required to have a name stub.
(c)
The form and arrangement of ballots shall be prescribed by the Secretary of State and prepared by the superintendent.
Amended by 2019 Ga. Laws 24,§ 21, eff. 4/2/2019.
Amended by 2005 Ga. Laws 53,§ 47, eff. 7/1/2005.
Amended by 2003 Ga. Laws 209, § 30, 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 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 4 - OPTICAL SCANNING VOTING SYSTEMS (§§ 21-2-365 — 21-2-378) › Section 21-2-369.1 - Candidates with similar names

If two or more candidates for the same nomination or office shall have the same or similar names, the Secretary of State, in the case of federal or state offices, the superintendent of elections, in the case of county offices, or the official with whom such candidates qualify, in the case of municipal elections, shall print or cause to be printed the residence of all candidates for such nomination or office on the ballot under their names. The designated official shall determine whether the names of the candidates are of such a similar nature as to warrant printing the residence of all candidates for that office on the ballot; and the decision of the designated official shall be conclusive.
Added by 2001 Ga. Laws 165, § 29, 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 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 4 - OPTICAL SCANNING VOTING SYSTEMS (§§ 21-2-365 — 21-2-378) › Section 21-2-371 - Unofficial ballots; out-of-order systems

(a)
If ballots for a precinct at which an optical scanning voting system is to be used shall not be delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other ballots to be prepared, printed, or written, as nearly in the form of official ballots as practicable; and the poll officers shall cause the ballots, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official ballots. Such ballots, so substituted, shall be known as unofficial ballots.
(b)
If any optical scanning voting system being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another optical scanning voting system substituted by the custodian or superintendent as promptly as possible, for which purpose the governing authority of the county or municipality may purchase as many extra optical scanning voting systems as it may deem necessary; but, in case such repair or substitution cannot be made, the ballots may be voted manually.
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 4 - OPTICAL SCANNING VOTING SYSTEMS (§§ 21-2-365 — 21-2-378) › Section 21-2-372 - Ballot description

Ballots shall be of suitable design, size, and stock to permit processing by a ballot scanner and shall be printed in black ink on clear, white, or colored material. Other than ballots delivered electronically to qualified electors who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act,
52 U.S.C. Section 20301
, et seq., the 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 that at least one such feature is a visible watermark that identifies the ballot as an official Georgia ballot.
Amended by 2024 Ga. Laws 589,§ 1, eff. 7/1/2024.
Amended by 2021 Ga. Laws 9,§ 23, eff. 7/1/2021.
Amended by 2019 Ga. Laws 24,§ 22, 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 4 - OPTICAL SCANNING VOTING SYSTEMS (§§ 21-2-365 — 21-2-378) › Section 21-2-373 - Write-in votes; secrecy

In elections, electors shall be permitted to cast write-in votes. The design of the ballot shall permit the superintendents, in counting the write-in votes, to determine readily whether an elector has cast any write-in vote not authorized by law. The Secretary of State, in specifying the form of the ballot, and the State Election Board, in promulgating rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes.
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 4 - OPTICAL SCANNING VOTING SYSTEMS (§§ 21-2-365 — 21-2-378) › Section 21-2-374 - Proper programming; proper order; testing; supplies

(a)
The superintendent of each county or municipality shall order the proper programming to be placed in each ballot scanner used in any precinct or central tabulating location.
(b)
On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have the ballot scanners tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto; provided, however, that, in the case of a runoff, the public notice shall be made at least three days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballots which are improperly marked and one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the ballot scanner to reject such votes. The ballot scanner shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the ballot scanner is approved. The superintendent shall cause the pretested ballot scanners to be placed at the various polling places to be used in the primary or election. The superintendent shall require that each ballot scanner be thoroughly tested and inspected prior to each primary and election in which it is used and shall keep such tested material as certification of an errorless count on each ballot scanner. In counties using central count ballot scanners, the same test shall be repeated immediately before the start of the official count of the ballots and at the conclusion of such count. Precinct ballot scanners shall produce a zero tape prior to any ballots being inserted on the day of any primary or election.
(c)
In every primary or election, the superintendent shall furnish, at the expense of the county or municipality, all ballots, forms of certificates, and other papers and supplies required under this chapter and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications prescribed, from time to time, by the Secretary of State.
Amended by 2019 Ga. Laws 24,§ 23, eff. 4/2/2019.
Amended by 2007 Ga. Laws 21,§ 1, eff. 5/11/2007.
Amended by 2005 Ga. Laws 53,§ 48, eff. 7/1/2005.
Amended by 2001 Ga. Laws 165, § 30, 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 9 - VOTING MACHINES AND VOTE RECORDERS GENERALLY (§§ 21-2-310 — 21-2-379.26) › Part 4 - OPTICAL SCANNING VOTING SYSTEMS (§§ 21-2-365 — 21-2-378) › Section 21-2-375 - Delivery of equipment to polling places; protection for equipment; required accessories

(a)
In counties using precinct count ballot scanners, the superintendent shall deliver the proper ballot scanner to the polling places at least one hour before the time set for opening of the polls at each primary or election and shall cause each to be set up in the proper manner for use in voting.
(b)
The superintendent shall provide ample protection against molestation of and injury to the ballot scanner and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary; and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the superintendent.
(c)
The superintendent shall at least one hour before the opening of the polls:
(1)
Provide sufficient lighting to enable electors, while in the voting booth, to read the ballot, which lighting shall be suitable for the use of poll officers in examining the booth; and such lighting shall be in good working order before the opening of the polls;
(2)
Prominently post directions for voting within the voting booth and post within the enclosed space signs reminding electors to verify their ballot choices prior to inserting the scanning ballot into the ballot scanner and stating that sample ballots are available for review upon request; at least two sample ballots in use for the primary or election shall be posted prominently outside the enclosed space within the polling place and additional sample ballots shall be available upon request;
(3)
Ensure that the precinct count ballot scanner shall have a seal securing the memory pack in use throughout the election day; such seal shall not be broken unless the ballot scanner is replaced due to malfunction; and
(4)
Provide such other materials and supplies as may be necessary or as may be required by law.
Amended by 2019 Ga. Laws 24,§ 24, 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 4 - OPTICAL SCANNING VOTING SYSTEMS (§§ 21-2-365 — 21-2-378) › Section 21-2-376 - Demonstration of equipment

During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more sets of sample ballots that will be used in such election. The sample ballots shall show the offices and questions to be voted upon, the names and arrangements of parties and bodies, and the names and arrangements of the candidates to be voted for. Such ballots shall be under the charge and care of a person competent as an instructor.
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 4 - OPTICAL SCANNING VOTING SYSTEMS (§§ 21-2-365 — 21-2-378) › Section 21-2-377 - Custody and storage when not in use

(a)
The superintendent shall designate a person or persons who shall have custody of the ballot scanners of the county or municipality when they are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the ballot scanners.
(b)
All ballot scanners, when not in use, shall be properly covered and stored in a suitable place or places.
Amended by 2019 Ga. Laws 24,§ 25, 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 4 - OPTICAL SCANNING VOTING SYSTEMS (§§ 21-2-365 — 21-2-378) › Section 21-2-378 - Payment for systems

The governing authority of any county or municipality which adopts optical scanning voting systems in the manner provided for by this part shall, upon the purchase of optical scanning voting systems, provide for their payment by the county or municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties or municipalities to meet all or any part of the cost of the optical scanning voting systems.
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 - Arrangements for appropriate ballots when use of optical scanning voting systems impracticable

If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of optical scanning voting systems is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of optical scanning voting systems for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of optical scanning voting systems wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by any other lawful method authorized in this chapter. In such cases, appropriate ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and return thereof made in the manner required by law for such method.
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 21-2-379.1 - Requirements for use of direct recording electronic voting systems

No direct recording electronic voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements:
(1)
It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted;
(2)
It shall permit each elector, in one operation, to vote for all the candidates of one party or body for presidential electors;
(3)
Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination;
(4)
It shall permit each elector to vote, 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 vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote;
(5)
It shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once;
(6)
It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law;
(7)
It shall be constructed of material of good quality in a neat and workmanlike manner;
(8)
It shall, when properly operated, record correctly and accurately every vote cast;
(9)
It shall be so constructed that an elector may readily learn the method of operating it; and
(10)
It shall be safely transportable.
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 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 21-2-379.3 - State furnishing direct recording voting systems; purchase by municipalities or counties

(a)
The state shall furnish a uniform system of direct recording electronic (DRE) equipment for use in each county by 2004. The governing authority of a municipality may elect to acquire its own DRE equipment by purchase, lease, rental, or other procurement process at its own expense. The governing authority of a county may purchase, lease, or otherwise acquire more of the type of DRE equipment furnished by the state, if the governing authority so desires, at its own expense.
(b)
The governing authority of a municipality or a county desiring to acquire such equipment may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the acquisition of such equipment. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties and municipalities to meet all or any part of the cost of such DRE voting systems.
Amended by 2002 Ga. Laws 769, § 1-2, 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 21-2-379.4 - Ballot appearance; write in votes on DRE systems

(a)
The ballots for direct recording electronic (DRE) voting systems shall be of such size and arrangement as will suit the construction of the DRE screen and shall be in plain, clear type that is easily readable by persons with normal vision. If the equipment has the capacity for color display, the names of all candidates in a particular race shall be displayed in the same color, font, and size and the political party or body affiliation of candidates may be displayed in a color different from that used to display the names of the candidates, but all political party or body affiliations shall be displayed in the same color. All candidates' names and political parties shall be printed in the same size and font. All ballot questions and constitutional amendments shall be displayed in the same color.
(b)
The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of such offices, names of candidates, and questions on paper ballots.
(c)
Electors shall be permitted to cast write-in votes on DRE voting systems as provided in Code Section
21-2-133
. The design of the ballot shall permit the election superintendent and poll workers when obtaining the vote count from such systems to determine readily whether an elector has cast any write-in vote not authorized by law.
(d)
The form and arrangement of ballots shall be prescribed by the Secretary of State and prepared by the election superintendent.
Amended by 2003 Ga. Laws 10, § 1, eff. 5/14/2003.
Amended by 2002 Ga. Laws 769, § 1-3, 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 21-2-379.7 - Preparation of polling places

(a)
The superintendent or the custodians shall deliver the proper direct recording electronic (DRE) units to the polling places of the respective precincts at least one hour before the time for opening the polls at each primary or election and shall cause each unit to be set up in the proper manner for use in voting.
(b)
The superintendent shall require that each DRE unit be thoroughly tested, inspected, and sealed prior to the delivery of each DRE unit to the polling place. Prior to opening the polls each day on which the units will be used in a primary or election, the manager shall break the seal on each unit, turn on each unit, certify that each unit is operating properly and is set to zero, and print a zero tape certifying that each unit is set to zero and shall keep or record such certification on each unit.
(c)
The superintendent and poll managers shall provide ample protection against molestation of and injury to the DRE units, and, for that purpose, the superintendent and poll manager may call upon any law enforcement officer to furnish such assistance as may be necessary. It shall be the duty of any such law enforcement officer to furnish such assistance when so requested by the superintendent or poll manager.
(d)
The superintendent shall, at least one hour prior to the opening of the polls:
(1)
Provide sufficient lighting to enable electors, if needed in the voting booth, to read the ballot and which shall be suitable for the use of the poll officers in examining the booth and conducting their responsibilities;
(2)
Provide directions for voting on the DRE units which shall be prominently posted within each voting booth and at least two sample ballots for the primary or election which shall be prominently posted outside the enclosed space within the polling place;
(3)
Ensure that each DRE unit's tabulating mechanism is secure throughout the day during the primary or election;
(4)
Provide at least one DRE unit accessible to disabled electors at each precinct; and
(5)
Provide such other materials and supplies as may be necessary or required by law.
Amended by 2003 Ga. Laws 10, § 1, eff. 5/14/2003.
Amended by 2003 Ga. Laws 209, § 33, eff. 7/1/2003.
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 21-2-379.8 - Public exhibition of voting system and sample ballot

(a)
The superintendent or his or her designee shall, upon request, make available for demonstration direct recording electronic (DRE) units. The Secretary of State shall advise the superintendents on recommended methods of demonstrating such units so as to properly educate electors in the use thereof, and, at least during the initial year in which DRE equipment is used in a county or municipality, all superintendents shall offer a series of demonstrations and organized voter education initiatives to equip electors for using such equipment in voting.
(b)
At least 45 days before a general primary or election or during the ten days before a special primary or election and at least 21 days before a municipal general primary or election or during the ten days before a municipal special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as the superintendent shall deem most suitable for the information and instruction of the electors, a sample ballot to be used in such election. The sample ballot shall show the offices and questions to be voted upon, the names and arrangements of the political parties and bodies, and the names and arrangements of the candidates to be voted for. Such sample ballots shall be under the charge and care of a person who is, in the opinion of the superintendent, competent and qualified as an instructor concerning such ballots and voting procedures.
Amended by 2010 Ga. Laws 632,§ 16, eff. 7/1/2010.
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 21-2-379.9 - Storage of voting equipment

(a)
All direct recording electronic (DRE) units 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 units and related equipment under his or her supervision or shall designate a person or entity who shall provide secure storage of such units 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 units and related equipment if the units and related equipment are stored by a person or entity other than the superintendent.
Added by 2002 Ga. Laws 769, §§ 1-4, eff. 5/13/2002.