Compilation of Rules and Regulations of the State of Georgia › Department 183 - RULES OF STATE ELECTION BOARD › Chapter 183-1 - GEORGIA ELECTION CODE › Subject 183-1-14 - ABSENTEE VOTING › Rule 183-1-14-.06 - Spoiled Absentee Ballots

Current through Rules and Regulations filed through June 27, 2024
(1) When an absentee ballot is spoiled, the
				elector may write "Spoiled" across the face of the ballot, then fold the ballot
				and enclose and securely seal the same in the envelope on which is printed
				"Official Absentee Ballot." This envelope shall then be placed in the second
				one, on which is printed the form of the oath of the elector, the name,
				relationship, and oath of the person assisting, if any, and other required
				identifying information. The elector shall then fill out the required
				information on such envelope, without the requirement to subscribe or swear to
				the oath printed on such envelope. Such envelope shall then be securely sealed
				and the elector shall write across the face of the envelope "Spoiled" and then
				mail or personally deliver same to the board of registrars or absentee ballot
				clerk in accordance with O.C.G.A. Section
				21-2-385.
(2) Upon receipt of an absentee ballot upon
				which the word "Spoiled" has been written across the face of the envelope, a
				registrar or absentee ballot clerk shall write the day and hour of the receipt
				of the ballot on its envelope. The registrar or absentee ballot clerk shall,
				within two days after the receipt of such ballot, mail or issue another
				official absentee ballot to the elector. All returned spoiled ballots shall be
				safely kept unopened by the board or absentee ballot clerk and then transferred
				to the appropriate clerk for storage for the period of time required for the
				preservation of ballots used at the primary or election and shall then, without
				being opened, be destroyed in like manner as the used ballots of the primary or
				election.
(3) The directions that
				explain how to cast a vote and how to obtain a new ballot after one is spoiled
				shall appear immediately under the caption on the ballot in substantially the
				following form as appropriate for that particular primary or election:
To vote, use black or blue ink to mark the ballot. Completely
				  fill-in the empty oval to the left of the candidate name or choice in all races
				  you wish to vote. If voting for a Write-In Candidate, completely fill-in the
				  empty oval to the left of the write in selection, then write the name of the
				  write-in candidate in the space provided.
Warning, do not use red ink or a felt tip pen to mark the
				  ballot. Do not circle, underline, or mark through ballot choices. Do not use
				  "check" marks or an "X" to mark your ballot. Do not mark more choices per race
				  than allowed. Do not sign, cut, tear, or damage the ballot.
If you change your mind or make a mistake on a selection, do
				  not attempt to mark through the selection or attempt to erase. write "Spoiled"
				  across the face of the ballot and across the return envelope. Mail or return
				  the spoiled ballot and envelope to your county board of registrars, and a new
				  official absentee ballot will be mailed to you.
If you decide to vote in-person, surrender the ballot to the
				  poll manager of an early voting site within your county or the precinct to
				  which you are assigned. You will then be permitted to vote a regular
				  ballot.
"I understand that the offer or acceptance of money or
				  another object of value to vote for any particular candidate, list of
				  candidates, issue, or list of issues included in this election constitutes an
				  act of voter fraud and is a felony under Georgia law." See O.C.G.A.
				  §§
										21-2-284(e),
				  21-2-285(h), and
				  21-2-383(a).
O.C.G.A.
				  §§
											21-2-31,
				  21-2-284(e),
				  21-2-285(h),
				  21-2-383(a).