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-.02 - Advance Voting

Current through Rules and Regulations filed through June 27, 2024
(1) All federal, state, and county primaries
				and elections shall be conducted using electronic ballot markers and ballot
				scanners for in-person absentee voting during the advance voting period. As
				used in this rule, the term "registrar" or "registrars" means a county board of
				registrars, a county board of elections and registration, a joint
				county-municipal board of elections and registration, a municipal absentee
				ballot clerk, a municipal registrar, or the designee of a board of registrars,
				board of elections and registration, or joint county-municipal board of
				elections and registration.
(2) The
				registrar shall publish the times, dates. and locations of the availability of
				advance voting in their jurisdiction on the homepage of the county's publicly
				accessible website associated with elections and/or registrations, or if the
				county does not have such a website, in a newspaper of general circulation and
				by posting in a prominent location in the county, no later than 7 days prior to
				the beginning of the advance voting period. Any additional advance voting
				locations added after that deadline shall be published as soon as possible. The
				registrar shall endeavor not to remove or alter any advance voting locations
				after they are published, unless there are emergency or unforeseen
				circumstances make such a change necessary, in which case the registrar shall
				publish those changes as soon as possible.
(3) Electronic ballot markers and ballot
				scanners shall be configured and tested in accordance with the provisions of
				Rule 183-1-12-.08
				prior to use in advance voting. Public notice of the time and place for such
				configuration and testing of the electronic ballot markers and ballot scanners
				to be used for advance voting shall be given in accordance with O.C.G.A.
				§§
									21-2-374 and
				21-2-379.25 and Rule
				183-1-12-.08 prior to such
				configuration and testing.
(4) The
				electronic ballot markers and ballot scanners to be used for advance voting
				shall be set up in a manner to assure the privacy of the elector while casting
				his or her ballot while maintaining the security of such components against
				tampering, damage, or other improper conduct. In addition, there shall be at
				least one electronic ballot marker configured for use by physically disabled
				electors. at each advance voting location.
(5) Voter access cards for use in electronic
				ballot markers for advance voting may be encoded by use of an electronic poll
				book or other device approved by the Secretary of State. The registrar may also
				utilize the correct access code to manually bring up the correct ballot on the
				touchscreen.
(6) Magnifying
				devices shall be available at advance voting locations to assist voters in
				reviewing their paper ballots.
(7)
				On the first day of the advance voting period, prior to any votes being cast on
				ballot scanners, the registrars shall verify that the seals for each electronic
				ballot marker, ballot scanner, and ballot box are intact and that there is no
				evidence or indication of any tampering with the seal or the component. The
				registrars shall verify that the number of the seal matches the number of the
				seal recorded for that component when such component was prepared by the
				election superintendent for the primary, election, or runoff. If a seal number
				does not match or if there is any evidence or indication of tampering with the
				seal or component, the election superintendent shall be immediately notified
				and such component shall not be used until such matters are resolved by
				agreement of the election superintendent and the registrars. The set up shall
				be performed in public and the public may view the set up subject to such
				reasonable rules and regulations as the registrars may deem appropriate to
				protect the security of the voting system components and to prevent
				interference with the duties of the registrars. The registrars and two
				witnesses sworn as poll officers as provided in O.C.G.A. §§
									21-2-94 and
				21-2-95 shall run a zero tape on
				each ballot scanner prior to the beginning of advance voting on those scanners,
				and the registrar and the two witnesses shall sign the zero tape in the space
				provided. The registrars shall verify that the electronic ballot markers and
				ballot scanners all indicate zero counts prior to the opening of the polls. If
				the tape does not show zero votes prior to the start of voting, the election
				superintendent shall be immediately notified and such component shall not be
				used until the component is cleared and the matter is resolved by agreement of
				the election superintendent and the registrars. The registrar and the same two
				sworn witnesses who signed the zero tape shall inspect and confirm that the
				ballot box associated with that scanner is empty and contains no ballots or
				other unauthorized matter, and shall verify that fact in writing on a form to
				be developed by the Secretary of State. Such form shall include the date and
				time it was executed, shall be attached to the zero tape generated by the
				ballot scanner attached to that ballot box, and shall be returned to the
				election superintendent at the close of the advance voting period with the
				other paperwork from the voting location. The registrars shall verify that
				there is no unauthorized matter affixed to the electronic ballot markers,
				ballot scanners, or voting booths. The registrars shall affix a card of
				instructions for voting within each voting booth. Prior to voters entering the
				voting booth, the registrars may also distribute to such voters a card of
				instructions for voting that has been approved or provided by the Secretary of
				State.
(8) If at the close of
				voting on any day during the advance voting period, there are more than 1,500
				ballots inside any ballot box, the registrar and two sworn witnesses shall
				unseal the ballot box, remove the paper ballots, and place the ballots in one
				or more durable, portable, secure, and sealable containers. The registrars
				shall complete and affix to each container a form identifying the advance
				voting location, the advance voting dates that the ballots were cast, the
				ballot scanner serial number, the number assigned to that ballot scanner for
				that specific election, the count of the ballots from the ballot scanner, and
				the date and time that the ballot box was emptied. The container shall be
				sealed and signed by the registrar and the two witnesses such that it cannot be
				opened without breaking the seal. The ballot box shall be resealed, and the new
				seal numbers shall be documented. The registrar and at least one sworn witness
				shall deliver the ballot container to the election superintendent for secured
				storage until time for the tabulation of votes, and the election superintendent
				shall complete a chain of custody form indicating the delivery of the secure
				container. The form shall be signed by the registrar and any witnesses who
				travelled with the registrar indicating that no sealed documents were unsealed
				enroute and have not been tampered with. In the discretion of the registrar,
				the same procedure for emptying the ballot box may be followed if there are
				less than 1,500 ballots in the ballot box at the end of any advance voting day,
				but the ballot box shall not be opened while voting is taking place except as
				authorized by Rule
				183-1-12-.10(5).
(9) At the close of voting each day during
				the advance voting period, the registrars shall document the election counter
				number from the ballot scanner on the daily recap sheet. The memory cards shall
				remain in the ballot scanner at all times during the advance voting period
				until the polls close on the day of the primary, election, or runoff. Each
				electronic ballot marker, ballot scanner, ballot box, electronic poll book,
				paper backup poll book, and voter access cards shall then be secured overnight.
				If the room where advance voting is taking place cannot be locked and secured
				overnight in the reasonable judgment of the superintendent, the superintendent
				shall cause the voting system components to be stored in a locked, secure
				container that is reasonably affixed to the polling place; be under visual
				surveillance of an election official or their designee, a licensed security
				guard, or a law enforcement official; or if, if the previously listed options
				are not feasible, in another manner that in the reasonable judgment of the
				superintendent secures and protects the voting system components from
				unauthorized access. Any electronic visual surveillance used for security when
				voting is not taking place shall not record, capture, or otherwise compromise
				the privacy of an elector's ballot.
(10) Each morning during the advance voting
				period prior to voting beginning, the registrars shall verify the seal numbers
				on each electronic ballot marker and ballot scanner to be used for advance
				voting with the number of the seal recorded on the daily recap sheet from the
				previous day of advance voting and shall verify that the seals do not show any
				signs of tampering. If the seal number corresponds to the entry on the daily
				recap sheet and there is no evidence of tampering, the electronic ballot
				markers and ballot scanners shall be turned on. If the numbers do not match or
				there is evidence of tampering, the election superintendent shall be notified
				immediately and the component shall not be used until such discrepancy is
				resolved to the satisfaction of the election superintendent and the registrars.
				After turning on the ballot scanners, the registrars shall verify the election
				counter number with the number recorded on the daily recap sheet from the
				previous day of advance voting. If the numbers do not match, the election
				superintendent shall be immediately notified and the component shall not be
				used until such discrepancy is resolved to the satisfaction of the election
				superintendent and the registrars. The election counter number shall then be
				entered onto the daily recap sheet for that day.
(11) Voters who vote absentee ballots in
				person shall first complete an absentee ballot application and sign an oath,
				which may be on the same form and may be on paper or digital. After the
				registrars determine that the voter is eligible to vote, the registrars shall
				note the voter's registration number and ballot style on the absentee ballot
				application. Each voter shall be offered instruction by a registrar in the
				method of voting on the voting system, including specific instruction to review
				their printed ballot prior to scanning it. In providing such instruction, the
				registrar shall not in any manner request, suggest, or seek or persuade or
				induce any voter to vote any particular ticket or for any particular candidate,
				or for or against any particular question. The voter shall then be issued a
				voter access card programmed with the correct ballot style or the registrar
				shall use the correct access code to manually bring up the correct ballot on
				the electronic ballot marker. The voter shall then enter the enclosed space in
				the advance voting location and proceed to vote his or her choices. Upon making
				his or her selections, the voter shall cause the paper ballot to print, remove
				his or her printed ballot from the printer, remove the voter access card from
				the touchscreen unit, review the selections on his or her printed ballot, scan
				his or her printed ballot into the ballot scanner, and return the voter access
				card to a poll officer.
(12) The
				registrars shall cause each advance voting location to be sufficiently staffed.
				At least one poll officer shall be assigned to assisting voters who have
				questions while they are in the voting booth, but before they approach the
				ballot scanner. Another poll officer shall be stationed at every ballot scanner
				in use in the polling place while voting is occurring. The poll officer
				stationed at the ballot scanner shall offer each voter specific verbal
				instruction to review their printed paper ballot prior to scanning it. In
				addition to the preceding instruction, the poll officer stationed at the ballot
				scanner shall offer general instruction throughout the period while voting is
				occurring telling voters that sample ballots and magnifying devices are
				available to assist them in reviewing their paper ballot. The poll officer
				shall take all reasonable precautions not to view the selections on an
				elector's ballot unless it is required due to assistance requested by the
				elector. If a poll officer observes a voter attempting to leave the enclosed
				space with a paper ballot, the poll officer shall inform the voter of the
				consequence of not depositing his or her paper ballot into the ballot scanner
				prior to leaving the room.
(a) If a voter
				discovers that the ballot presented on the electronic ballot marker is not
				correct or, for a partisan primary, is not the ballot that the voter desired to
				vote, the voter should immediately notify a poll officer. The poll officer
				shall cancel or void the ballot on the electronic ballot marker without
				attempting, in any manner, to see how the voter has voted and shall then take
				the necessary steps to provide the voter with the correct ballot and make any
				necessary corrections to the voter's certificate of the voter, the electors
				list, and the numbered list of voters. If the error is due to equipment
				malfunction, the poll officer shall document the incident on a form developed
				by the Secretary of State. The poll officer shall inform the election
				superintendent immediately if one or more electronic ballot markers are
				associated with a significant number of incidents.
(b) If, while reviewing his or her paper
				ballot, a voter discovers that the printed ballot does not reflect the voter's
				desired selections or that the voter was not issued the proper ballot, the
				voter should immediately inform a poll officer. The poll officer shall spoil
				the paper ballot and take the necessary steps to allow the voter to make his or
				her selections again on the electronic ballot marker and cause the correct
				ballot to be issued. The poll officer shall document the incident on a form
				circulated by the Secretary of State. The poll manager shall inform the
				elections superintendent immediately if one or more BMDs are associated with a
				significant number of incidents.