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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 1 - STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION (§§ 21-2-30 — 21-2-45.1) › Subpart 1 - STATE ELECTION BOARD (§§ 21-2-30 — 21-2-36) › Section 21-2-35 - Emergency rules and regulations; imminent peril requirement; procedures

(a)
Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating to emergency management, or Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," to the contrary, the State Election Board may only adopt emergency rules or regulations in circumstances of imminent peril to public health, safety, or welfare. To adopt any such emergency rule or regulation, in addition to any other rule-making requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:
(1)
Give notice to the public of its intended action;
(2)
Immediately upon the setting of the date and time of the meeting at which such emergency rule or regulation is to be considered give notice by email of its intended action to:
(A)
The Governor;
(B)
The Lieutenant Governor;
(C)
The Speaker of the House of Representatives;
(D)
The chairpersons of the standing committees of each house of the General Assembly tasked with election matters;
(E)
The Secretary of State;
(F)
Legislative counsel; and
(G)
The chief executive officer of each political party registered pursuant to subsection (a) of Code Section
21-2-110
; and
(3)
State in the notices required by paragraphs (1) and (2) of this subsection the nature of the emergency and the manner in which such emergency represents an imminent peril to public health, safety, or welfare.
(b)
Upon adoption or promulgation of any emergency rule or regulation pursuant to this Code section, a majority of the State Election Board shall certify in writing that such emergency rule or regulation was made in strict and exact compliance with the provisions of this chapter and subsection (e) of Code Section
50-13-4
.
(c)
In the event of any conflict between this Code section and any provision of Chapter 13 of Title 50, this Code section shall govern and supersede any such conflicting provision.
Amended by 2024 Ga. Laws 697,§ 2, eff. 7/1/2024.
Added by 2021 Ga. Laws 9,§ 8, eff. 3/25/2021.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 1 - STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION (§§ 21-2-30 — 21-2-45.1) › Subpart 1 - STATE ELECTION BOARD (§§ 21-2-30 — 21-2-36) › Section 21-2-36 - Notification of proposed consent agreement, settlement, or consent order

The State Election Board, the members thereof, the Secretary of State, and any of their attorneys or staff, at least five business days prior to entering into any consent agreement, settlement, or consent order that limits, alters, or interprets any provision of this chapter, shall notify the House of Representatives and Senate Committees on the Judiciary of such proposed consent agreement, settlement, or consent order.
Added by 2021 Ga. Laws 9,§ 8, eff. 3/25/2021.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 1 - STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION (§§ 21-2-30 — 21-2-45.1) › Subpart 2 - COUNTY BOARD OF ELECTIONS AND COUNTY BOARD OF ELECTIONS AND REGISTRATION (§§ 21-2-40 — 21-2-40.1) › Section 21-2-40 - Creation of county board of elections and county board of elections and registration

(a)
The General Assembly may by local Act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections. Such board shall consist of not fewer than three members.
(b)
The General Assembly may by local Act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee-balloting procedures. Such board shall consist of not fewer than three members.
Amended by 2012 Ga. Laws 719,§ 2, eff. 7/1/2012.
Amended by 2008 Ga. Laws 453,§ 1, eff. 5/6/2008.
See 2024 Ga. Laws 365, § 1.
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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 1 - STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION (§§ 21-2-30 — 21-2-45.1) › Subpart 3 - MUNICIPAL ELECTIONS CONDUCTED BY COUNTIES (§§ 21-2-45 — 21-2-45.1) › Section 21-2-45 - Creation of joint county-municipal board of elections and board of elections and registration

(a)
The General Assembly may by local Act create a joint county-municipal board of elections in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections. Such board shall consist of not fewer than three members.
(b)
The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures. Such board shall consist of not fewer than three members.
(c)
The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pursuant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any or all of the functions:
(1)
That the county shall perform all duties as superintendent of elections as specified under this chapter;
(2)
That the county shall perform all duties as superintendent of elections as specified under this chapter, with the exception of the qualification of candidates; or
(3)
That the county shall lease or loan any or all of its election equipment to the municipality for the purpose of conducting municipal elections without any responsibility on the part of the county for the actual conduct of the municipal election.
With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract. Such county shall have authority to conduct elections in any and all counties in which any part of such municipality may lie.
Amended by 2012 Ga. Laws 719,§ 3, 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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 1 - STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION (§§ 21-2-30 — 21-2-45.1) › Subpart 3 - MUNICIPAL ELECTIONS CONDUCTED BY COUNTIES (§§ 21-2-45 — 21-2-45.1) › Section 21-2-45.1 - Special elections on bonded debt; publication; date; discount

(a)
The governing authority of a county, municipality, or political subdivision desiring to incur bonded debt in accordance with the provisions of the Constitution of Georgia shall call a special election to be held on a certain day for the purpose of submitting to the electorate the question of whether such bonded debt shall be incurred. The governing authority shall publish notice of such election once a week for a period of four weeks immediately preceding the day of the election in a newspaper which publishes the sheriff's advertisements for the county containing all or the largest part of the area of the county, municipality, or political subdivision involved. Such notice shall specify (1) the date of the election and the question to be submitted to the electorate, and (2) the principal amount of bonds to be issued, the purpose for which such bonds are to be issued, the interest rate or rates such bonds are to bear, and the amount of principal to be paid in each year during the life of such bonds; provided, however, that the governing authority, in lieu of specifying the rate or rates of interest which such bonds are to bear, may specify in the notice that such bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest as stated in the notice or that, in the event such bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rates stated in the notice.
(b)
The date of a municipal bond election shall be specified by the governing authority of the municipality. Such date shall not be less than 30 days after call of such bond election. The municipality shall immediately transmit a copy of such notice to the Secretary of State.
(c)
Nothing contained in this Code section shall prohibit the issuer from selling such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in the notice of the election.
Amended by 2008 Ga. Laws 718,§ 2, 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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 2 - SECRETARY OF STATE (§§ 21-2-50 — 21-2-52) › Section 21-2-50.1 - Postponement and extension of qualifying periods for elections for public office during state of emergency; limitation

In the event the Governor declares that a state of emergency or disaster exists pursuant to Code Section
38-3-51
or a federal agency declares that a state of emergency or disaster exists, the Secretary of State is authorized to postpone or extend the qualifying periods provided in this chapter for the qualification of candidates seeking municipal, county, or state-wide office and to postpone the date of any primary, special primary, election, or special election in the affected area. The Secretary of State shall exercise the powers granted by this Code section carefully, and any such postponement or extension shall not exceed 45 days.
Amended by 2002 Ga. Laws 756, § 1, eff. 5/3/2002.
Added by 2001 Ga. Laws 164, §3, eff. 4/18/2001.
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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 2 - SECRETARY OF STATE (§§ 21-2-50 — 21-2-52) › Section 21-2-50.2 - Obligations of the state under the federal Help America Vote Act of 2002

(a)
The Secretary of State, as the chief election official designated under the federal Help America Vote Act of 2002, shall be responsible for coordinating the obligations of the state under the federal Help America Vote Act of 2002.
(b)
As the chief election official, the Secretary of State is authorized to promulgate rules and regulations to establish administrative complaint procedures as required under Section 402 of Title IV of the federal Help America Vote Act of 2002, which prescribes a process to remedy only those grievances filed under Title III of such federal act.
(c)
Election related complaints filed with the Secretary of State alleging violations of Title III of the federal Help America Vote Act of 2002 shall not be subject to hearing procedures of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," but shall be resolved pursuant to rules and regulations promulgated under subsection (b) of this Code section whereby the Secretary of State shall have the authority to issue a final order for complaints filed under the federal Help America Vote Act of 2002.
Added by 2003 Ga. Laws 209, § 4, 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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 2 - SECRETARY OF STATE (§§ 21-2-50 — 21-2-52) › Section 21-2-51 - Opening of election records to members of public

Except when otherwise provided by law, the primary and election records of the Secretary of State, including registration statements, nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports, and other documents in his or her custody shall be open to public inspection and may be inspected and copied by any elector of the state during usual business hours at any time when they are not necessarily being used by the Secretary of State or his or her employees having duties to perform in reference thereto; provided, however, that such public inspection thereof shall only be in the presence of the Secretary of State or his or her employee and shall be subject to proper regulation for the safekeeping of such documents and subject to the further provisions of this chapter.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 2 - SECRETARY OF STATE (§§ 21-2-50 — 21-2-52) › Section 21-2-52 - Preservation of primary and election records

All primary and election documents in the office of the Secretary of State shall be preserved therein for a period of at least 24 months; and then the same may be destroyed unless otherwise provided 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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 3 - SUPERINTENDENTS (§§ 21-2-70 — 21-2-78) › Section 21-2-70.1 - Municipal superintendents

(a)
The municipal superintendent shall conduct, in accordance with this chapter, all municipal elections held within his or her municipality.
(b)
The municipal superintendent shall be a person or committee selected by the governing authority of the municipality in a public meeting, and such selection shall be recorded in the minutes of such meeting. The municipal superintendent shall receive compensation fixed and paid by the governing authority of the municipality from municipal funds. The appointment shall be made in a public meeting, and the appointment shall be recorded in the minutes of said meeting. In the event that a municipality fails to make an appointment, the city clerk shall serve as the municipal superintendent. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal superintendent in any primary or election in which such candidate's name appears on the ballot.
Amended by 2008 Ga. Laws 706,§ 4, eff. 7/1/2008.
Amended by 2003 Ga. Laws 10, § 1, eff. 5/14/2003.
Amended by 2003 Ga. Laws 209, § 6, eff. 7/1/2003.
Amended by 2001 Ga. Laws 164.
Amended by 2001 Ga. Laws 165.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 3 - SUPERINTENDENTS (§§ 21-2-70 — 21-2-78) › Section 21-2-71 - Payment by county or municipality of superintendent's expenses; study and report on acceptance and equitable distribution of donations

(a)
The governing authority of each county or municipality shall appropriate annually and from time to time, to the superintendent of such county or municipality, the funds that it shall deem necessary for the conduct of primaries and elections in such county or municipality and for the performance of his or her other duties under this chapter, including:
(1)
Compensation of the poll officers, custodians, and other assistants and employees provided for in this chapter;
(2)
Expenditures and contracts for expenditures by the superintendent for polling places;
(3)
Purchase or printing, under contracts made by the superintendent, of all ballots and other election supplies required by this chapter, or which the superintendent shall consider necessary to carry out the provisions of this chapter;
(4)
Maintenance of all voting equipment required by this chapter, or which the superintendent shall consider necessary to carry out this chapter; and
(5)
All other expenses arising out of the performance of his or her duties under this chapter.
(b)
No superintendent, county, or municipality shall take or accept any grants or gifts for purposes of administering this chapter from any source other than the State of Georgia or the federal government.
(c)
The State Election Board shall study and report to the General Assembly a proposed method for accepting donations intended to facilitate the administration of elections and a method for an equitable distribution of such donations state wide by October 1, 2021.
Amended by 2023 Ga. Laws 273,§ 4, eff. 5/3/2023.
Amended by 2021 Ga. Laws 9,§ 9, eff. 3/25/2021.
Amended by 2003 Ga. Laws 209, § 7, 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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 3 - SUPERINTENDENTS (§§ 21-2-70 — 21-2-78) › Section 21-2-72 - Primary and election records to be open to public

Except when otherwise provided by law or court order, the primary and election records of each superintendent, registrar, municipal governing authority, and committee of a political party or body, including registration statements, nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports, and other documents in official custody, except the contents of voting machines, shall be open to public inspection and may be inspected and copied by any elector of the county or municipality during usual business hours at any time when they are not necessarily being used by the custodian or his or her employees having duties to perform in reference thereto; provided, however, that such public inspection shall only be in the presence of the custodian or his or her employee and shall be subject to proper regulation for the safekeeping of such documents and subject to the further provisions of this chapter. The custodian shall also, upon request, if photocopying equipment is available in the building in which the records are housed, make and furnish to any member of the public copies of any of such records upon payment of the actual cost of copying the records requested.
Amended by 2005 Ga. Laws 53,§ 7, 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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 3 - SUPERINTENDENTS (§§ 21-2-70 — 21-2-78) › Section 21-2-73 - Preservation of primary and election records

All primary and election documents on file in the office of the election superintendent of each county, municipal governing authority, superintendent, registrar, committee of a political party or body, or other officer shall be preserved therein for a period of at least 24 months and then the same may be destroyed unless otherwise provided by law.
Amended by 2005 Ga. Laws 53,§ 8, 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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 3 - SUPERINTENDENTS (§§ 21-2-70 — 21-2-78) › Section 21-2-74.1 - [Repealed Effective 1/1/2025] Acting election superintendent during vacancy

(a)
If a county does not have a board of elections and:
(1)
There is a vacancy in the office of judge of the probate court that has not been filled pursuant to Code Section
15-9-10
or
15-9-11
; or
(2)
The judge of the probate court is incapacitated and unable to perform the duties of the election superintendent for a period of more than five days;
The chief judge of the superior court in the circuit to which the county is assigned shall appoint a qualified individual to serve as the acting election superintendent during such vacancy or incapacitation.
(b)
Upon the filling of a vacancy in the office of judge of the probate court pursuant to Code Section
15-9-10
or
15-9-11
, the judge of the probate court shall resume the duties of the election superintendent.
(c)
The sole county commissioner or the board of county commissioners shall fix the compensation of the individual who serves as acting election superintendent until the vacancy is filled or the incapacitation ends. The compensation shall be paid from the general funds of the county.
Repealed by 2024 Ga. Laws 580,§ 8, eff. 1/1/2025.
Added by 2021 Ga. Laws 9,§ 10, eff. 3/25/2021.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 3 - SUPERINTENDENTS (§§ 21-2-70 — 21-2-78) › Section 21-2-75 - Eligibility of persons holding elective public office, or office in political party, to serve on county board of elections

(a)
No person who holds elective public office, as defined in this chapter and including every municipal office to which persons can be elected by a vote of the electors under the laws of this state, shall be eligible to serve as a member of a county board of elections during the term of such elective office; and the position of any county board of elections member shall be deemed vacant upon such member's qualifying as a candidate for elective public office, as defined in this chapter and including any municipal office to which persons can be elected by a vote of the electors under the laws of this state.
(b)
No person who holds office in a political party at any level of such political party shall be eligible to serve as chairperson of a county board of elections during the term of such political party office. On and after April 15, 1996, the position of any chairperson of a county board of elections shall be deemed vacant upon such chairperson's assuming a political party office.
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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 3 - SUPERINTENDENTS (§§ 21-2-70 — 21-2-78) › Section 21-2-76 - [Effective Until 1/1/2025] Eligibility of person to serve as county election superintendent

No person who holds elective office, as defined in this chapter and including every municipal office to which persons can be elected by a vote of the electors under the laws of this state but excluding the office of probate judge, shall be eligible to serve as county or municipal election superintendent during the term of such elective office; and the position of any election superintendent other than a probate judge shall be deemed vacant upon such superintendent's qualifying as a candidate for elective public office, as defined in this chapter and including any municipal office to which persons can be elected by a vote of the electors under the laws of this state.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 3 - SUPERINTENDENTS (§§ 21-2-70 — 21-2-78) › Section 21-2-76 - [Effective 1/1/2025] Eligibility of person to serve as county election superintendent

No person who holds elective office, as defined in this chapter and including every municipal office to which persons can be elected by a vote of the electors under the laws of this state , shall be eligible to serve as county or municipal election superintendent during the term of such elective office; and the position of any election superintendent shall be deemed vacant upon such superintendent's qualifying as a candidate for elective public office, as defined in this chapter and including any municipal office to which persons can be elected by a vote of the electors under the laws of this state.
Amended by 2024 Ga. Laws 580,§ 9, eff. 1/1/2025.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 3 - SUPERINTENDENTS (§§ 21-2-70 — 21-2-78) › Section 21-2-77 - Electronic election returns

(a)
Beginning with the election cycle in the year 2000, the superintendent of elections of each county shall provide electronically to the Secretary of State, within 45 days after the close of voting, election returns divided by precinct for each precinct in their respective counties for all primaries, elections, special primaries, special elections, and runoffs for such elections for federal or state offices held in that year or any following year.
(b)
Beginning with the election cycle in the year 2002, the superintendent of elections of each county shall provide electronically to the Secretary of State, within seven days after the close of voting, election returns divided by precinct for each precinct in their respective counties for all primaries, elections, special primaries, special elections, and runoffs for such elections for federal, state, and county offices held in that year or any following year.
(c)
The Secretary of State is authorized to prescribe by rule or regulation the type of electronic format for the provision of such election returns.
Amended by 2003 Ga. Laws 209, § 8, 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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 3 - SUPERINTENDENTS (§§ 21-2-70 — 21-2-78) › Section 21-2-78 - [Citizenship required]

Any person employed or retained by a county election superintendent to undertake any election related duties arising from this chapter shall be a citizen of the United States.
Added by 2024 Ga. Laws 599,§ 1, 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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 4 - POLL OFFICERS (§§ 21-2-90 — 21-2-101) › Section 21-2-90 - Appointment of chief manager and assistant managers

All elections and primaries shall be conducted in each polling place by a board consisting of a chief manager, who shall be chairperson of such board, and two assistant managers assisted by clerks. The managers of each polling place shall be appointed by the superintendent. If the political parties involved elect to do so, they may submit to the superintendent, for consideration in making such appointment, a list of qualified persons. When such lists are submitted to the appropriate office, the superintendent, insofar as practicable, shall make appointments so that there shall be equal representation on such boards for the political parties involved in such elections or primaries. The superintendent shall make each appointment by entering an order which shall remain of record in the appropriate office and shall make such order available for public inspection upon request. The order shall include the name and address of the appointee, his or her title, and a designation of the precinct and primary or election in which he or she is to serve.
Amended by 2012 Ga. Laws 719,§ 4, eff. 7/1/2012.
Amended by 2011 Ga. Laws 240,§ 2, eff. 7/1/2011.
Amended by 2010 Ga. Laws 632,§ 2, eff. 7/1/2010.
Amended by 2005 Ga. Laws 53,§ 9, 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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 4 - POLL OFFICERS (§§ 21-2-90 — 21-2-101) › Section 21-2-91 - Appointment of clerks

Prior to the opening of the polls in each precinct at each primary and election, the superintendent shall appoint a sufficient number of clerks to serve therein at such primary or election. If additional clerks are required during the day for the purpose of counting ballots, or for other purposes, the superintendent may appoint 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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 4 - POLL OFFICERS (§§ 21-2-90 — 21-2-101) › Section 21-2-93 - Oath of office for managers and clerks

Before entering upon their duties at any primary or election, all managers and clerks shall be duly sworn in the presence of each other. The chief manager shall first be sworn by an assistant manager, and the assistant managers and clerks shall then be sworn by the chief manager. Each of them shall immediately sign in duplicate the oath taken by him or her upon forms to be furnished by the superintendent, and the same shall be attested by the officer who administered the oath.
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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 4 - POLL OFFICERS (§§ 21-2-90 — 21-2-101) › Section 21-2-94 - Form of manager's oath

The following shall be the form of the oath to be taken by each manager:
"I, __________________, do swear (or affirm) that I will as manager duly attend the ensuing election (or primary) during the continuance thereof, that I will not admit any person to vote, except such as I shall firmly believe to be registered and entitled to vote at such election (or primary), according to the laws of this state, that I will not vexatiously delay or refuse to permit any person to vote whom I shall believe to be entitled to vote as aforesaid, that I will use my best endeavors to prevent any fraud, deceit, or abuse in carrying on the same, that I will make a true and perfect return of the said election (or primary), and that I will at all times truly, impartially, and faithfully perform my duties therein to the best of my judgment and ability."
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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 4 - POLL OFFICERS (§§ 21-2-90 — 21-2-101) › Section 21-2-95 - Form of clerk's oath

The following shall be the form of the oath to be taken by each clerk:
"I, __________________, do swear (or affirm) that I will as a clerk attend the ensuing election (or primary) during the continuance thereof, that I will use my best endeavors to prevent any fraud, deceit, or abuse in carrying on the same, and that I will at all times truly, impartially, and faithfully perform my duties therein to the best of my judgment and ability."
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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 4 - POLL OFFICERS (§§ 21-2-90 — 21-2-101) › Section 21-2-96 - Administration of oaths by managers

Each of the managers shall have the power to administer oaths to any person claiming the right to vote or in any matter or thing required to be done or inquired into by them under this chapter.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 4 - POLL OFFICERS (§§ 21-2-90 — 21-2-101) › Section 21-2-97 - Identification badges for poll officers

Each poll officer, while in the performance of his or her duty, shall display conspicuously upon his or her person a badge showing his or her name and office; and such badge shall be supplied by 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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 4 - POLL OFFICERS (§§ 21-2-90 — 21-2-101) › Section 21-2-98 - Compensation of poll officers

(a)
The compensation of managers and clerks serving in elections shall be fixed and paid by the superintendent or, in the case of municipal elections, by the governing authority. Compensation for such poll officers serving in a primary shall be fixed and paid by the superintendent.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, in all counties of this state having a population of 200,000 or more according to the United States decennial census of 1990 or any future such census, the minimum compensation for the chief manager shall be $95.00 per diem; the minimum compensation for each assistant manager shall be $66.00 per diem; and the minimum compensation for each clerk shall be $60.00 per diem.
(c)
It shall not be necessary to compensate volunteers who are appointed to serve as poll officers and who agree to perform the duties of manager or clerk without compensation.
Amended by 2010 Ga. Laws 632,§ 4, eff. 7/1/2010.
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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 4 - POLL OFFICERS (§§ 21-2-90 — 21-2-101) › Section 21-2-99 - Instruction of poll officers and workers in election procedures

(a)
The election superintendent shall provide adequate training to all poll officers and poll workers regarding the use of voting equipment, voting procedures, all aspects of state and federal law applicable to conducting elections, and the poll officers' or poll workers' duties in connection therewith prior to each general primary and general election and each special primary and special election; provided, however, such training shall not be required for a special election held between the date of the general primary and the general election. Upon successful completion of such instruction, the superintendent shall give to each poll officer and poll worker a certificate to the effect that such person has been found qualified to conduct such primary or election with the particular type of voting equipment in use in that jurisdiction. Additionally, the superintendent shall notify the Secretary of State on forms to be provided by the Secretary of State of the date when such instruction was held and the number of persons attending and completing such instruction. For the purpose of giving such instructions, the superintendent shall call such meeting or meetings of poll officers and poll workers as shall be necessary. Each poll officer shall, upon notice, attend such meeting or meetings called for his or her instruction.
(b)
No poll officer or poll worker shall serve at any primary or election unless he or she shall have received instructions, as described in subsection (a) of this Code section; shall have been found qualified to perform his or her duties in connection with the type of voting equipment to be used in that jurisdiction; and shall have received a certificate to that effect from the superintendent; provided, however, that this shall not prevent the appointment of a poll officer or poll worker to fill a vacancy arising on the day of a primary or election or on the preceding day.
Amended by 2005 Ga. Laws 53,§ 10, eff. 7/1/2005.
Amended by 2002 Ga. Laws 463, § 1, eff. 4/18/2002.
Amended by 2001 Ga. Laws 165, §4, 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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 4 - POLL OFFICERS (§§ 21-2-90 — 21-2-101) › Section 21-2-100 - Training of local election officials

(a)
The election superintendent and at least one registrar of the county or, in counties with boards of election or combined boards of election and registration, at least one member of the board or a designee of the board shall attend a minimum of 12 hours' training annually as may be selected by the Secretary of State. The election superintendent and at least one registrar of each municipality shall attend a minimum of 12 hours' training biennially as may be selected by the Secretary of State.
(b)
The basis for the minimum requirement of training shall be two calendar years.
(c)
A waiver of the requirement of minimum training, either in whole or in part, may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent, registrar, or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State.
(d)
The cost of the training shall be borne by the governing authority of each county from county funds and by the municipal governing authority from municipal funds.
(e)
A superintendent or registrar and the county or municipal governing authority which employs the superintendent or registrar may be fined by the State Election Board for failure to attend the training required in this Code section.
(f)
The minimum training required under this Code section shall not apply to deputy registrars.
Amended by 2005 Ga. Laws 53,§ 11, eff. 7/1/2005.
Amended by 2001 Ga. Laws 165, § 5, 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 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 5 - PERFORMANCE REVIEW OF LOCAL ELECTION OFFICIAL (§§ 21-2-105 — 21-2-108) › Section 21-2-105 - [Effective Until 1/1/2025] Local election official defined

As used in this part, the term "local election official" means:
(1)
A county board of elections or a county board of elections and registration established pursuant to Code Section
21-2-40
;
(2)
A judge of the probate court fulfilling the role of election superintendent; or
(3)
A municipal election superintendent.
Added by 2021 Ga. Laws 9,§ 12, eff. 3/25/2021.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 5 - PERFORMANCE REVIEW OF LOCAL ELECTION OFFICIAL (§§ 21-2-105 — 21-2-108) › Section 21-2-105 - [Effective 1/1/2025] Local election official defined

As used in this part, the term "local election official" means:
(1)
A county board of elections or a county board of elections and registration established pursuant to Code Section
21-2-40
or 21-2-40.1; or
(2)
A municipal election superintendent.
Amended by 2024 Ga. Laws 580,§ 10, eff. 1/1/2025.
Added by 2021 Ga. Laws 9,§ 12, eff. 3/25/2021.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 5 - PERFORMANCE REVIEW OF LOCAL ELECTION OFFICIAL (§§ 21-2-105 — 21-2-108) › Section 21-2-106 - Performance review of local election official; role of performance review board; findings as grounds for removal

(a)
The following officials may request that a performance review of a local election official be conducted:
(1)
The governing authority of the same jurisdiction as the local election official;
(2)
For counties represented by more than three members of the Georgia House of Representatives and Georgia Senate, at least two members of the Georgia House of Representatives and two members of the Georgia Senate who represent the county; and
(3)
For counties represented by fewer than four members of the Georgia House of Representatives and Georgia Senate, at least one member of the Georgia House of Representatives and one member of the Georgia Senate who represent the county.
Such request shall be transmitted to the State Election Board which shall appoint an independent performance review board within 30 days after receiving such resolution. The State Election Board shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the elections division of the Secretary of State and two of whom shall be local election officials or members of a county board of elections or county board of elections and registration, provided that no such appointee shall be a local election official or member of a county board of elections or county board of elections and registration for the county or municipality, as applicable, under review.
(b)
It shall be the duty of a performance review board to make a thorough and complete investigation of the local election official with respect to all actions of the local election official regarding the technical competency in the maintenance and operation of election equipment, proper administration and oversight of registration and elections, and compliance with state law and regulations. The performance review board shall issue a written report of its findings to the Secretary of State, the State Election Board, and the local governing authority which shall include such evaluations, judgments, and recommendations as it deems appropriate. The local governing authority shall reimburse the members of the performance review board for reasonable expenses incurred in the performance of their duties, including mileage, meals, lodging, and costs of materials.
(c)
The findings of the report of the review board under subsection (b) of this Code section or of any audit or investigation performed by the State Election Board may be grounds for removal of one or more local election officials pursuant to Code Section
21-2-33.2
.
Amended by 2023 Ga. Laws 341,§ 1, eff. 7/1/2023.
Added by 2021 Ga. Laws 9,§ 12, eff. 3/25/2021.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 5 - PERFORMANCE REVIEW OF LOCAL ELECTION OFFICIAL (§§ 21-2-105 — 21-2-108) › Section 21-2-107 - Authority of State Election Board to appoint independent performance review board; operation and reporting

(a)
The State Election Board shall appoint an independent performance review board on its own motion if it determines that there is evidence which calls into question the competence of a local election official regarding the oversight and administration of elections, voter registration, or both, with state law and regulations.
(b)
The State Election Board shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the elections division of the office of Secretary of State and two of whom shall be local election officials, provided that none of the three appointees shall be a local election official for the county or municipality under review.
(c)
The performance review board shall issue a written report of its findings to the State Election Board and the Secretary of State and the applicable local governing authority, which shall include such evaluations, judgments, and recommendations as it deems appropriate. The local governing authority shall reimburse the members of the performance review board for reasonable expenses incurred in the performance of their duties, including mileage, meals, lodging, and costs of materials.
(d)
The findings of the report of the performance review board under subsection (c) of this Code section or of any audit or investigation performed by the State Election Board may be grounds for removal of a local election official pursuant to Code Section
21-2-33.2
.
Added by 2021 Ga. Laws 9,§ 12, eff. 3/25/2021.
2023 CODE OF GEORGIA › Title 21 - ELECTIONS (§§ 21-1-1 — 21-5-76) › Chapter 2 - ELECTIONS AND PRIMARIES GENERALLY (§§ 21-2-1 — 21-2-604) › Article 2 - SUPERVISORY BOARDS AND OFFICERS (§§ 21-2-30 — 21-2-108) › Part 5 - PERFORMANCE REVIEW OF LOCAL ELECTION OFFICIAL (§§ 21-2-105 — 21-2-108) › Section 21-2-108 - Promulgation of rules and regulations

The State Election Board shall promulgate such rules and regulations as may be necessary for the administration of this part.
Added by 2021 Ga. Laws 9,§ 12, eff. 3/25/2021.