Compilation of Rules and Regulations of the State of Georgia › Department 183 - RULES OF STATE ELECTION BOARD › Chapter 183-1 - GEORGIA ELECTION CODE › Subject 183-1-12 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS › Rule 183-1-12-.18 - Provisional Ballots

Current through Rules and Regulations filed through June 27, 2024
(1) This rule shall govern the casting of
				provisional ballots by voters at primaries and elections in accordance with
				O.C.G.A. §§
									21-2-418 and
				21-2-419.
(2) In each polling place, there shall be
				established a location or station in the public area of the polling place for
				the purpose of issuing and receiving provisional ballots. Each polling place
				shall have an information sheet developed by the Secretary of State available
				for voters who have questions about the provisional ballot process. The
				information sheet should describe relevant law regarding provisional ballots
				for voters who do not show up on the electors list for that polling place.
(3) The election superintendent
				shall provide each polling place with an adequate supply of provisional ballots
				in each ballot style (district combination) for the precinct and an inner
				ballot envelope and an outer ballot envelope. The election superintendent shall
				also be prepared to resupply polling places with provisional ballots in needed
				ballot styles in a timely manner while voting is occurring so that polling
				places do not run out of provisional ballots. The ballot envelopes shall be so
				designed that the ballot will fit within the inner ballot envelope and the
				inner ballot envelope will fit within the outer ballot envelope. The inner
				ballot envelope shall have printed on it the words "Official Provisional
				Ballot" and nothing else. The outer envelope shall have places for inserting
				the person's name, precinct, date and name of election, ballot style (district
				combination), and whether such ballot is a regular provisional ballot, a
				provisional ballot cast by a voter who registered to vote for the first time in
				this state by mail and has not provided the identification required by O.C.G.A.
				§§
									21-2-220 and
				21-2-417, or a ballot cast during
				poll hours extended by a court order, or a combination thereof. Primaries and
				elections conducted by counties shall use optical scan ballots for provisional
				voting. The poll manager shall cause all voted provisional ballots to be
				deposited into the provisional ballot box and not be inserted into the polling
				place ballot scanner and kept separate and apart from non-provisional ballots
				cast at the polling place. Municipalities shall use the same type of ballots as
				the municipality uses for mail-in absentee voting. The election superintendent
				shall also provide a booth for voting provisional ballots in the enclosed space
				which will provide privacy for a person while voting a provisional ballot and a
				secure container in which the voted provisional ballots shall be
				placed.
(4) Voters whose names do
				not appear on electors list.
(a) When a person
				arrives at a polling place, completes a voter certificate, and presents it to
				the poll workers but the person's name does not appear on the official electors
				list for the precinct, the poll officers shall immediately direct the person to
				the provisional ballot station. The polling place shall have an electronic poll
				book that includes a master list of registered voters in the state, and the
				poll workers shall check the list to determine if the person is assigned to a
				different polling place within the county or registered in a different county.
				If the person's name appears on the master list for a different precinct within
				the same county, the poll workers shall inform the person of his or her correct
				polling place. If the person states a good-faith belief that he or she timely
				registered to vote in the precinct in which he or she is present, he or she
				shall be offered a provisional ballot. The poll officials shall also inform
				such person that any votes cast by a provisional ballot in the wrong precinct
				will only be counted if it is cast after 5:00 P.M. and before the regular time
				for the closing of the polls on the day of the primary, election, or runoff and
				if the person executes a sworn statement, witnessed by the poll official,
				stating that he or she is unable to vote at his or her correct polling place
				prior to the closing of the polls and giving the reason therefor. For the
				purposes of this rule, any otherwise eligible vote cast by an elector who is in
				line by the regular time of the closing of the polls shall be deemed as having
				been cast before the regular time of the closing of the polls. If the person is
				registered in a different county, the poll officer shall inform the person that
				he or she appears to be registered in a different county. If the person is
				still eligible to vote in the county in which they appear to be registered, the
				person may return to that county to vote. If the person states a good-faith
				belief that he or she timely registered to vote in the county in which he or
				she is present, he or she shall be offered a provisional ballot.
(b) If the person's name is not found on the
				official list of electors for the precinct or the master list, the poll
				officers shall immediately contact the registrars and the person shall provide
				such information as the registrars may request to determine if the person is
				eligible to vote in the election. The registrars shall promptly review the
				information provided by the person and shall attempt to determine if the person
				timely and properly registered to vote in the county in which he or she is
				present.
(c) If the registrars can
				immediately determine that the person timely and validly registered to vote in
				the primary or election and should be assigned to the precinct at which the
				person is present, the registrars shall authorize the poll officers to add the
				person's name to the official electors list for the precinct and shall permit
				the person to vote in the same manner as other voters in the precinct vote.
				When there are multiple ballot styles (district combinations) in use in the
				precinct, the registrars shall also advise the poll officers which ballot style
				(district combination) should be issued to the person. The person's name shall
				then be added to the official electors list for the precinct with a notation of
				the name of the registrar who authorized such addition. Upon presentation of a
				properly completed voter certificate and the identification required by
				O.C.G.A. §
										21-2-417, the person shall be
				permitted to vote in the same manner as other voters in the precinct.
(d) If the registrars can immediately
				determine that the person timely and validly registered to vote in the primary
				or election but should be assigned to a different precinct within the same
				county where the person is present, the registrars shall direct the poll
				officers to inform the person of the appropriate other precinct and the
				registrars shall notify the officers of such other precinct to add the person's
				name to the official electors list for such other precinct. The poll officials
				shall also inform such person that any votes cast by a provisional ballot in
				the wrong precinct will only be counted if it is cast after 5:00 P.M. and
				before the regular time for the closing of the polls on the day of the primary,
				election, or runoff and if the person executes a sworn statement, witnessed by
				the poll official, stating that he or she is unable to vote at his or her
				correct polling place prior to the closing of the polls and giving the reason
				therefor. For the purposes of this rule, any otherwise eligible vote cast by an
				elector who is in line by the regular time of the closing of the polls shall be
				deemed as having been cast before the regular time of the closing of the polls.
				Upon the completion of a voter certificate and the submission of the
				identification required by O.C.G.A. §
										21-2-417, the person shall be
				permitted to vote in their assigned precinct in the same manner as other
				persons in such other precinct.
i. In such
				cases, all votes cast by such person for candidates for whom such person is
				properly entitled to vote shall be counted and all votes cast for candidates
				for whom such person is not properly entitled to vote shall be void and shall
				not be counted in accordance with O.C.G.A. §
											21-2-419(c). When
				there are multiple ballot styles (district combinations) in use in such other
				precinct, the registrars shall also advise the poll officers at such other
				precinct which ballot style (district combination) should be issued to the
				person. The person's name shall then be added to the official electors list for
				the other precinct by the poll officers of the other precinct with a notation
				of the name of the registrar who authorized such addition.
(e) If the registrars cannot immediately
				determine that the person timely and validly registered to vote in the primary
				or election; but, from the information presented by the person, the person, if
				properly registered, would be assigned to the precinct at which the person is
				present, the registrars shall inform the poll officers and the person shall be
				offered a provisional ballot at such precinct. When there are multiple ballot
				styles (district combinations) in use in the precinct, the registrars shall
				also advise the poll officers which ballot style (district combination) should
				be issued to the person.
(f) If the
				registrars cannot immediately determine that the person timely and validly
				registered to vote in the primary or election; but, from the information
				presented by the person, the person, if registered, would be assigned to a
				different precinct from the precinct in the county at which the person is
				present, the registrars shall direct the poll officers to inform the person of
				the appropriate precinct. The poll officials shall also inform such person that
				any votes cast by a provisional ballot in the wrong precinct will only be
				counted if it is cast after 5:00 P.M. and before the regular time for the
				closing of the polls on the day of the primary, election, or runoff and if the
				person executes a sworn statement, witnessed by the poll official, stating that
				he or she is unable to vote at his or her correct polling place prior to the
				closing of the polls and giving the reason therefor. For the purposes of this
				rule, any otherwise eligible vote cast by an elector who is in line by the
				regular time of the closing of the polls shall be deemed as having been cast
				before the regular time of the closing of the polls.
i. The registrars shall notify the officers
				of such other precinct to permit the person to vote a provisional ballot when
				such person arrives at such precinct, completes an official voter registration
				form and a provisional ballot voter certificate, and submits the appropriate
				identification required by O.C.G.A. §
											21-2-417. When there are multiple
				ballot styles (district combinations) in use in such other precinct, the
				registrars shall also advise the poll officers which ballot style (district
				combination) should be issued to the person.
ii. In such case, all votes cast by such
				person for candidates for whom such person is properly entitled to vote shall
				be counted and all votes cast for candidates for whom such person is not
				properly entitled to vote shall be void and shall not be counted in accordance
				with O.C.G.A. §
											21-2-419(c).
(g) If the person appears at a precinct in a
				county or municipality in which the person does not reside, the registrars
				shall instruct the poll officers to direct the person to contact the registrars
				in the county in which the person resides to determine in which precinct such
				person should vote.
(h) If the poll
				officers cannot get in touch with the registrars after making a reasonable
				effort to do so, the poll officers shall be authorized to permit the person to
				receive a provisional ballot at the precinct without additional authorization
				from the registrars, but if from the information presented by the person, the
				person, if registered, would be assigned to a different precinct from the
				precinct in the county at which the person is present, the registrars shall
				direct the poll officers to inform the person of the appropriate precinct. The
				poll officials shall also inform such person that any votes cast by a
				provisional ballot in the wrong precinct will only be counted if it is cast
				after 5:00 P.M. and before the regular time for the closing of the polls on the
				day of the primary, election, or runoff and if the person executes a sworn
				statement, witnessed by the poll official, stating that he or she is unable to
				vote at his or her correct polling place prior to the closing of the polls and
				giving the reason therefor. For the purposes of this rule, any otherwise
				eligible vote cast by an elector who is in line by the regular time of the
				closing of the polls shall be deemed as having been cast before the regular
				time of the closing of the polls. In such case, all votes cast by such person
				for candidates for whom such person is properly entitled to vote shall be
				counted and all votes cast for candidates for whom such person is not properly
				entitled to vote shall be void and shall not be counted in accordance with
				O.C.G.A. §
										21-2-419(c).
(i) Upon accepting the opportunity to receive
				a provisional ballot, the person shall complete a provisional ballot voter
				certificate and an official voter registration form and submit such completed
				certificate and form to the poll officers along with the appropriate
				identification required by O.C.G.A. §
										21-2-417. The poll officers shall
				place the name of the person on the numbered list of provisional ballot voters
				and issue the person a provisional ballot of the style authorized by the
				registrars along with an Inner ballot envelope and an outer ballot envelope.
				Before issuing the outer ballot envelope to the person, the poll officers shall
				enter the person's name, the name of the precinct, the date and name of the
				election, and the ballot style (district combination) on the outer envelope.
				The person shall then retire to the provisional ballot voting booth and mark
				the ballot with his or her intended selections. Upon completing the ballot, the
				person shall seal the ballot in the inner ballot envelope and place the inner
				ballot envelope containing the ballot into the outer ballot envelope and shall
				seal the outer ballot envelope. The person shall then return the sealed
				envelope to the poll officers.
(j)
				Upon receiving the sealed ballot envelope from a person casting a provisional
				ballot, the poll officers shall verify that the information requested on the
				outer ballot envelope is complete, shall mark the appropriate box or boxes to
				designate the type of provisional ballot enclosed therein, and shall direct the
				person to place the ballot envelope into the secure container for provisional
				ballots which shall be located within the enclosed space in the polling place
				where it can be monitored by the poll officers and observed by the public. The
				provisional ballot voter certificate and voter registration form shall be
				attached together and shall be placed in a separate, distinctively marked
				envelope or reusable document container which shall be placed in a secure
				location in the polling place.