HB397: HB397 Elections; allow municipalities to opt in to providing advance voting on Saturdays for municipal elections

25 LC 47 3701S The Senate Committee on Ethics offered the following substitute to HB 397: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to1 elections and primaries generally, so as to provide that the St ate Election Board shall be2 administratively attached to the State Accounting Office; to provide for definitions; to limit3 the effective date of rules or regulations adopted by the State Election Board prior to a4 general primary, general election, or runoff thereof; to revise duties of the State Election5 Board; to revise provisions related to the qualification of pre sidential elections for6 independent candidates for the President or Vice President of the United States and candidate7 in special elections that are preceded by a special primary; to authorize counties to make the8 list of electors open for inspection at no cost; to remove auth orization for the Secretary of9 State to become a member of a nongovernmental entity whose purp ose is to share and10 exchange information in order to improve the accuracy and efficiency of voter registration11 systems; to prohibit the Secretary of State and other state and local actors from participating12 in certain multistate voter list maintenance organizations; to authorize the Secretary of State13 to enter into voter list maintenance joint compacts with other states and authorize the sharing14 of certain information; to prohibit the acceptance of hand delivered absentee ballots at certain15 times; to allow municipalities to opt out of providing advance voting on certain Saturdays16 for certain municipal elections; to revise provisions related to drop boxes; to revise reporting17 requirements related to absentee ballots and advance voting; to revise provisions related to18 - 1 - 25 LC 47 3701S locations to which poll watchers may have access; to provide certain reporting requirements19 on election night; to revise provisions related to the timelines for calling special elections and20 the dates on which special elections can be held; to provide for related matters; to provide21 for effective dates; to repeal conflicting laws; and for other purposes.22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:23 SECTION 1.24 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and25 primaries generally, is amended in Code Section 21-2-2, relatin g to definitions, by adding26 new paragraphs to read as follows:27 "(11.1) 'Multistate voter list maintenance organization' means any entity, organization,28 consortium, or cooperative agreement among states or jurisdicti ons that involves the29 sharing of voter registration data for the purpose of voter list maintenance."30 "(39.1) 'Voter list maintenance' means the process of ensuring the accuracy and currency31 of voter registration lists, including, but not limited to, rem oving ineligible voters and32 updating records."33 SECTION 2.34 Said chapter is further amended in Code Section 21-2-30, relating to creation, membership,35 terms of service, vacancies, quorum, bylaws, meetings, and executive director of the State36 Election Board, by revising subsection (g) as follows:37 "(g) On and after July 1, 2023 2025, the board shall be a separate and distinct budget unit38 as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act' Code Section39 45-12-71; provided, however, that the board shall be attached for administrative purposes40 only to the office of the Secretary of State State Accounting Office as provided for in Code41 - 2 - 25 LC 47 3701S Section 50-4-3. The board shall neither be under the jurisdiction of the Secretary of State42 nor shall it be considered a division of the office of the Secretary of State."43 SECTION 3.44 Said chapter is further amended in Code Section 21-2-31, relati ng to duties of the State45 Election Board, by adding a new paragraph to read as follows:46 "(5.1) To maintain custody of all state election investigative reports and communications47 between the Secretary of State and election superintendents."48 SECTION 4.49 Said chapter is further amended by revising Code Section 21-2-3 5, relating to emergency50 rules and regulations, imminent peril requirement, and procedures, as follows:51 "21-2-35.52 (a) Except for emergency rule-making as provided for in subsec tion (b) of this Code53 section, if the State Election Board adopts a rule, as defined in Code Section 50-13-2, or54 a regulation and the date of such adoption is within 60 days of the date of a presidential55 preference primary, general primary, special primary, general election, special election, or56 runoff thereof, the effective date of such rule or regulation shall be 30 days following the57 date of such primary, election, or runoff.58 (a)(b) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating59 to emergency management, or Chapter 13 of Title 50, the 'Georgi a Administrative60 Procedure Act,' to the contrary, the State Election Board may only adopt emergency rules61 or regulations in circumstances of imminent peril to public health, safety, or welfare. To62 adopt any such emergency rule or regulation, in addition to any other rule-making63 requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:64 (1) Give notice to the public of its intended action;65 - 3 - 25 LC 47 3701S (2) Immediately upon the setting of the date and time of the m eeting at which such66 emergency rule or regulation is to be considered, give notice by email of its intended67 action to:68 (A) The Governor;69 (B) The Lieutenant Governor;70 (C) The Speaker of the House of Representatives;71 (D) The chairpersons of the standing committees of each house of the General72 Assembly tasked with election matters;73 (E) The Secretary of State;74 (F) Legislative counsel; and75 (G) The chief executive officer of each political party regist ered pursuant to76 subsection (a) of Code Section 21-2-110; and77 (3) State in the notices required by paragraphs (1) and (2) of this subsection the nature78 of the emergency and the manner in which such emergency represents an imminent peril79 to public health, safety, or welfare.80 (b)(c) Upon adoption or promulgation of any emergency rule or regula tion pursuant to81 subsection (b) of this Code section, a majority of the State Election Board shall certify in82 writing that such emergency rule or regulation was made in stri ct and exact compliance83 with the provisions of this chapter and subsection (e) of Code Section 50-13-4.84 (c)(d) In the event of any conflict between this Code section and an y provision of85 Chapter 13 of Title 50, this Code section shall govern and supersede any such conflicting86 provision."87 SECTION 5.88 Said chapter is further amended in Code Section 21-2-132, relat ing to filing notice of89 candidacy, nomination petition, and affidavit, reopening qualif ying period, payment of90 qualifying fee, and pauper's affidavit and qualifying petition for exemption from qualifying91 - 4 - 25 LC 47 3701S fee, by revising paragraph (1) of subsection (d) and subsection (e) and by adding two new92 subsections to read as follows:93 "(1) Each elector for President or Vice President of the United States, or his or her agent,94 desiring to have the names of his or her candidates for Preside nt and Vice President95 placed on the election ballot, and each independent candidate f or President or Vice96 President of the United States, or his or her agent, shall file a notice of his or her97 candidacy, giving his or her name, residence address, and the office he or she is seeking,98 in the office of the Secretary of State during the period begin ning at 9:00 A.M. on the99 fourth Monday in June immediately prior to the election and ending at 12:00 Noon on the100 Friday following the fourth Monday in June, notwithstanding the fact that any such days101 may be legal holidays;"102 "(e) Each candidate required to file a notice of candidacy by t his Code section shall, no103 earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and104 no later than 12:00 Noon on the second Tuesday in July immediately prior to the election,105 file with the same official with whom he or she filed his or he r notice of candidacy a106 nomination petition in the form prescribed in Code Section 21-2 -170, except that such107 petition shall not be required if such candidate is:108 (1) A nominee of a political party for the office of presidential elector when such party109 has held a national convention and therein nominated candidates for President and Vice110 President of the United States;111 (2) Seeking office in a special election that is not preceded by a special primary;112 (3) An incumbent qualifying as a candidate to succeed himself or herself;113 (4) A candidate seeking election in a nonpartisan election; or114 (5) A nominee for a state-wide office by a duly constituted po litical body convention,115 provided that the political body making the nomination has qual ified to nominate116 candidates for state-wide public office under the provisions of Code Section 21-2-180;117 or118 - 5 - 25 LC 47 3701S (6) A presidential elector certified by an independent candidate for the office of President119 or Vice President of the United States under subsection (c) of Code Section 21-2-132.1.120 (e.1) An independent candidate for the office of President or Vice President of the United121 States shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to122 the election and no later than 12:00 Noon on the second Tuesday in July immediately prior123 to the election, file with the same official with whom he or sh e filed his or her notice of124 candidacy a nomination petition in the form prescribed in Code Section 21-2-170.125 (e.2) Each candidate required to file a notice of candidacy fo r a special election that is126 preceded by a special primary shall, no earlier than 9:00 A.M. on the fourth Monday in127 June immediately prior to the election and no later than 12:00 Noon on the second Tuesday128 in July immediately prior to the election, file with the same official with whom he or she129 filed his or her notice of candidacy a nomination petition in the form prescribed in Code130 Section 21-2-170."131 SECTION 6.132 Said chapter is further amended in Code Section 21-2-225, relating to restrictions on public133 inspection of applications for voter registration and data on e lectors, and membership of134 Secretary of State in nongovernmental entity for purpose of imp roving voter registration135 systems, by revising subsection (c) and adding a new subsection to read as follows:136 "(c) It shall be the duty of the Secretary of State to furnish copies of such data as may be137 collected and maintained on electors whose names appear on the list of electors maintained138 by the Secretary of State pursuant to this article, within the limitations provided in this139 article, on electronic media or computer run list or both. Not withstanding any other140 provision of law to the contrary, the Secretary of State shall establish the cost to be charged141 for such data Nothing in this subsection shall prevent a county board of reg istrars or142 election superintendent from making the list of electors in suc h county available for143 inspection at no cost at its offices, on its website, or both within the limitations otherwise144 - 6 - 25 LC 47 3701S provided in this article. The Secretary of State may contract with private vendors to make145 such data available in accordance with this subsection. Such data may not be used by any146 person for commercial purposes."147 "(d.1) The State Election Board shall submit to the General Assembly a report evaluating148 procedures to improve the accuracy and efficiency of the voter registration system without149 participating in a nongovernmental entity with the purpose of s haring voter registration150 information. Such report shall include recommended amendments or modifications of state151 law governing voter registration procedures and the sharing of voting registration152 information with officials in other states. The State Election Board shall provide the report153 required by this subsection to the chairpersons of the Senate E thics Committee and the154 House Committee on Governmental Affairs no later than December 31, 2025. This155 subsection shall stand repealed on July 1, 2026."156 SECTION 7.157 Said chapter is further amended in Code Section 21-2-225, relating to restrictions on public158 inspection of applications for voter registration and data on e lectors, and membership of159 Secretary of State in nongovernmental entity for purpose of imp roving voter registration160 systems, effective on July 1, 2027, by revising subsection (d) and adding new subsections161 to read as follows:162 "(d)(1) The Secretary of State may become a member of a nongovernmental entity whose163 purpose is to share and exchange information in order to improv e the accuracy and164 efficiency of voter registration systems. The membership of the nongovernmental entity165 shall be composed solely of election officials of state and ter ritorial governments of the166 United States, except that such membership may also include ele ction officials of the167 District of Columbia.168 - 7 - 25 LC 47 3701S (2) Notwithstanding any provision of law to the contrary, the Secretary of State may169 share confidential and exempt information after becoming a memb er of such170 nongovernmental entity as provided in paragraph (1) of this subsection.171 (3) The Secretary of State may become a member of such nongovernmental entity only172 if such entity is controlled and operated by the participating jurisdictions. The entity shall173 not be operated or controlled by the federal government or any other entity acting on174 behalf of the federal government. The Secretary of State must be able to withdraw at any175 time from any such membership in such nongovernmental entity.176 (4) If the Secretary of State becomes a member of such nongove rnmental entity, the177 Department of Driver Services shall, pursuant to an agreement w ith the Secretary of178 State, provide driver's license or identification card information related to voter eligibility179 to the Secretary of State for the purpose of sharing and exchan ging voter registration180 information with such nongovernmental entity.181 (5)(d) Notwithstanding any law to the contrary, upon the Secretary o f State becoming a182 member of a nongovernmental entity as provided in this subsecti on, a n y information183 received by the Secretary of State prior to the effective date of this subsection from the a184 nongovernmental entity whose purpose was to share and exchange information in order to185 improve the accuracy and efficiency of voter registration syste ms is exempt from186 disclosure under Article 4 of Chapter 18 of Title 50, relating to open records, and any other187 provision of law. However, the Secretary of State may provide such information to the188 boards of registrars to conduct voter registration list maintenance activities.189 (e)(1) The Secretary of State or any other state department, agency, board, bureau, office,190 commission, public corporation, or authority or any board of re gistrars or election191 superintendent shall be prohibited from joining or participating in any multistate voter list192 maintenance organization that:193 (A) Requires or encourages the contacting of individuals who a re not currently194 registered to vote with the intent to register them to vote; or195 - 8 - 25 LC 47 3701S (B) Shares voter data outside of the explicit purpose of removing deceased, duplicate,196 or otherwise ineligible voters from the list of electors.197 (2) The Secretary of State or any other state department, agency, board, bureau, office,198 commission, public corporation, or authority or any board of re gistrars or election199 superintendent shall terminate participation in any multistate voter list maintenance200 organization prohibited by paragraph (1) of this subsection within 90 days of the effective201 date of this subsection.202 (f)(1) In order to improve the accuracy and efficiency of the voter registration system,203 the Secretary of State shall be authorized to enter into joint compacts with the chief204 election official of any other state or states for the purpose of sharing information for205 voter list maintenance.206 (2) Notwithstanding any provisions of law to the contrary, the Secretary of State may207 share confidential and exempt information after becoming a memb er of such voter list208 maintenance joint compact.209 (3) If the Secretary of State becomes a member of such voter l ist maintenance joint210 compact, the Department of Driver Services shall, pursuant to a n agreement with the211 Secretary of State, provide driver's license or identification card information related to212 voter eligibility to the Secretary of State for the purpose of sharing and exchanging voter213 registration information with the other state or states participating in such compact.214 (4) The Secretary of State must be able to withdraw from any such joint compact at any215 time."216 SECTION 8.217 Said chapter is further amended by revising subsection (b) of Code Section 21-2-232, relating218 to removal of elector's name from list of electors, as follows:219 "(b)(1) When an elector of this state moves to another state and registers to vote and the220 registration officials in such state send a notice of cancellation reflecting the registration221 - 9 - 25 LC 47 3701S of the elector in the other state, which includes a copy of such elector's voter registration222 application bearing the elector's signature, the Secretary of S tate or the board of223 registrars, as the case may be, shall remove such elector's name from the list of electors. 224 It shall not be necessary to send a confirmation notice to the elector in such225 circumstances.226 (2) When an elector of this state moves to another state and the registration officials in227 such other state or a nongovernmental entity as described in su bsection (d) of Code228 Section 21-2-225 send a notice of cancellation or other information indicating that the229 elector has moved to such state but such notice or information does not include a copy230 of such elector's voter registration application in such other state bearing the elector's231 signature, the Secretary of State or the board of registrars, as the case may be, shall send232 a confirmation notice to the elector as provided in Code Section 21-2-234.233 (3) Once becoming a member of the nongovernmental entity described in subsection (d)234 of Code Section 21-2-225, the Secretary of State shall obtain r egular information from235 such entity regarding electors who may have moved to another state, died, or otherwise236 become ineligible to vote in Georgia. The Secretary of State shall use such information237 to conduct list maintenance on the list of eligible electors."238 SECTION 9.239 Said chapter is further amended in Code Section 21-2-382, relating to additional buildings240 as additional registrar's office or place of registration for receiving absentee ballots and for241 advance voting, and drop boxes, by revising subsection (c) and adding a new subsection to242 read as follows:243 "(c)(1) A board of registrars or absentee ballot clerk shall establish at least one drop box244 as a means for absentee by mail electors to deliver their ballots to the board of registrars245 or absentee ballot clerk. A board of registrars or absentee ba llot clerk may establish246 additional drop boxes, subject to the limitations of this Code section, but may only247 - 10 - 25 LC 47 3701S establish additional drop boxes totaling the lesser of either o ne drop box for every248 100,000 active registered voters in the county or the number of advance voting locations249 in the county. Any additional drop boxes shall be evenly geographically distributed by250 population in the county. Drop boxes established pursuant to this Code section shall be251 established at the office of the board of registrars or absente e ballot clerk or inside252 locations at which advance voting, as set forth in subsection ( d) of Code Section253 21-2-385, is conducted in the applicable primary, election, or runoff and may be open254 during the hours of advance voting at that location. Such drop boxes shall be closed255 when advance voting is not being conducted at that location. A ll drop boxes shall be256 closed when the advance voting period ends, as set forth in sub section (d) of Code257 Section 21-2-385. The drop box location shall have adequate li ghting and be under258 constant surveillance by an election official or his or her des ignee, law enforcement259 official, or licensed security guard. During an emergency decl ared by the Governor260 pursuant to Code Section 38-3-51, drop boxes may be located out side the office of the261 board of registrars or absentee ballot clerk or outside of locations at which advance voting262 is taking place, subject to the other limitations of this Code section.263 (2) The opening slot of a drop box shall not allow ballots to be tampered with or264 removed and shall be designed to minimize the ability for liquid or other substances that265 may damage ballots to be poured into the drop box. A drop box shall be labeled266 'OFFICIAL ABSENTEE BALLOT DROP BOX' and shall clearly display t he signage267 developed by the Secretary of State pertaining to Georgia law w ith regard to who is268 allowed to return absentee ballots and destroying, defacing, or delaying delivery of269 ballots.270 (3) The board of registrars or absentee ballot clerk shall arr ange for the collecting and271 return of ballots deposited at each drop box at the conclusion of each day where advance272 voting takes place. Collection of ballots from a drop box shall be made by a team of at273 least two people. Any person collecting ballots from a drop box shall have sworn an oath274 - 11 - 25 LC 47 3701S in the same form as the oath for poll officers set forth in Cod e Section 21-2-95. The275 collection team shall complete and sign a ballot transfer form upon removing the ballots276 from the drop box which shall include the date, time, location, number of ballots,277 confirmation that the drop box was locked after the removal of the ballots, and the278 identity of each person collecting the ballots. The collection team shall then immediately279 transfer the ballots to the board of registrars or absentee ballot clerk, who shall process280 and store the ballots in the same manner as absentee ballots re turned by mail are281 processed and stored. The board of registrars, absentee ballot clerk, or a designee of the282 board of registrars or absentee ballot clerk shall sign the ballot transfer form upon receipt283 of the ballots from the collection team. Such form shall be co nsidered a public record284 pursuant to Code Section 50-18-70.285 (4) At the beginning of voting at each advance location where a drop box is present, the286 manager of the advance voting location shall open the drop box and confirm on the287 reconciliation form for that advance voting location that the d rop box is empty. If the288 drop box is not empty, the manager shall secure the contents of the drop box and289 immediately inform the election superintendent, board of regist rars, or absentee ballot290 clerk, who shall inform the Secretary of State.291 (5) At each advance voting location where a drop box is present, the board of registrars292 or absentee ballot clerk shall initiate video surveillance and recording of such location293 upon the conclusion of voting on each day of advance voting. S uch surveillance shall294 ensure that a visual record is made of each such drop box. In the event that constant and295 direct video surveillance of a drop box is not possible when ad vance voting is not296 occurring, such ballot box shall be removed from areas of publi c access, locked, and297 rendered inoperable so that no absentee ballots may be inserted into it. A recording of298 all such video surveillance shall be retained in the same manne r as provided for in299 subsection (a) of Code Section 21-2-390. A board of registrars or absentee ballot clerk300 may livestream to the public any such video surveillance.301 - 12 - 25 LC 47 3701S (d) Notwithstanding any provisions of this article to the contrary, the registrars or absentee302 ballot clerk shall not accept the hand delivery of any absentee ballot following the end of303 the period of advance voting provided for in subsection (d) of Code Section 21-2-385;304 provided, however, that this subsection shall not apply to:305 (1) Any absentee ballots delivered to the registrars or absent ee ballot clerks at the306 registrars' or absentee ballot clerk's office on the date of a primary, election, or runoff307 during the hours polls are open on such day;308 (2) Absentee ballots hand delivered to the registrars or absen tee ballot clerks at the309 registrars' or absentee ballot clerk's office on the Monday prior to the date of a primary310 or election, if open for business, between the hours of 7:00 A. M. and 7:00 P.M.;311 provided, however, that the registrar or absentee ballot clerk shall provide public notice,312 at least 14 days prior to such date, that absentee ballots will be accepted at such locations313 on such date and times;314 (3) Absentee ballots delivered to the registrars or absentee b allot clerks by the United315 States Postal Service or other common carrier; or316 (4) Absentee ballots cast pursuant to the federal Uniformed an d Overseas Citizens317 Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended."318 SECTION 10.319 Said chapter is further amended in Code Section 21-2-385, relating to procedure for voting320 by absentee ballot and advance voting, by revising paragraph (1 ) of subsection (d) and321 subsection (e) as follows:322 "(d)(1) There shall be a period of advance voting that shall commence:323 (A) On the fourth Monday immediately prior to each primary or election; and324 (B) As soon as possible prior to a runoff from any general primary or election but no325 later than the second Monday immediately prior to such runoff326 - 13 - 25 LC 47 3701S and shall end on the Friday immediately prior to each primary, election, or runoff. 327 Voting shall be conducted beginning at 9:00 A.M. and ending at 5:00 P.M. on weekdays,328 other than observed state holidays, during such period and shal l be conducted on the329 second and third Saturdays during the hours of 9:00 A.M. through 5:00 P.M. and, if the330 registrar or absentee ballot clerk so chooses, the second Sunday, the third Sunday, or both331 the second and third Sundays prior to a primary or election during hours determined by332 the registrar or absentee ballot clerk, but no longer than 7:00 A.M. through 7:00 P.M.;333 provided, however, that, if such second Saturday is a public and legal holiday pursuant334 to Code Section 1-4-1, if such second Saturday follows a public and legal holiday335 occurring on the Thursday or Friday immediately preceding such second Saturday, or if336 such second Saturday immediately precedes a public and legal holiday occurring on the337 following Sunday or Monday, such advance voting shall not be he ld on such second338 Saturday but shall be held on the third Saturday prior to such primary or election339 beginning at 9:00 A.M. and ending at 5:00 P.M. Except as other wise provided in this340 paragraph, the registrars may extend the hours for voting to pe rmit advance voting341 from 7:00 A.M. until 7:00 P.M. and may provide for additional voting locations pursuant342 to Code Section 21-2-382 to suit the needs of the electors of t he jurisdiction at their343 option; provided, however, that voting shall occur only on the days specified in this344 paragraph and counties and municipalities shall not be authoriz ed to conduct advance345 voting on any other days. Notwithstanding any other provision of this paragraph to the346 contrary, the governing authority of a municipality may opt out of conducting voting on347 one or more Saturdays during the period of advance voting in any municipal election for348 such municipality, by action taken during a duly called public meeting of the governing349 authority; provided, however, that the provisions of this sentence shall not apply to any350 municipal election that is held concurrent with and on the same date as any county or351 state primary, election, or runoff thereof."352 - 14 - 25 LC 47 3701S "(e) On each day of an absentee voting period, each county board of registrars or municipal353 absentee ballot clerk shall report for the county or municipali ty to the Secretary of State354 and post on the county or municipal website, or if the county o r municipality does not355 maintain such a website, a place of public prominence in the county or municipality, not356 later than 10:00 A.M. on each business day the number of person s by precinct to whom357 absentee ballots have been issued, the number of persons by pre cinct who have returned358 absentee ballots, and the number of absentee ballots by precinc t that have been rejected. 359 Additionally, on each day of an advance voting period, each county board of registrars or360 municipal absentee ballot clerk shall report to the Secretary of State and post on the county361 or municipal website, or if the county or municipality does not maintain such a website, a362 place of public prominence in the county or municipality, not l ater than 10:00 A.M. on363 each business day the number of persons by precinct who have voted at the advance voting364 sites in the county or municipality, and for each primary the number of nonpartisan ballots365 requested. During the absentee voting period and for a period of three days following a366 primary, election, or runoff, each county board of registrars or municipal absentee ballot367 clerk shall report to the Secretary of State and post on the county or municipal website, or368 if the county or municipality does not maintain such a website, a place of public369 prominence in the county or municipality, not later than 10:00 A.M. on each business day370 the number of persons by precinct who have voted provisional ballots, the number of371 provisional ballots that have verified or cured and accepted for counting, and the number372 of provisional ballots that have been rejected."373 SECTION 11.374 Said chapter is further amended in Code Section 21-2-408, relat ing to poll watchers,375 designation, duties, removal for interference with election, re ports of infractions or376 irregularities, ineligibility of candidates to serve, and training, by revising subsection (c) as377 follows:378 - 15 - 25 LC 47 3701S "(c) In counties or municipalities using direct recording electronic (DRE) voting systems379 or optical scanning voting systems, each political party may appoint two poll watchers in380 each primary or election, each political body may appoint two p oll watchers in each381 election, each nonpartisan candidate may appoint one poll watch er in each nonpartisan382 election, and each independent candidate may appoint one poll watcher in each election to383 serve in the locations designated by the superintendent within the tabulating center. Such384 designated locations shall include the check-in area, the compu ter room, the duplication385 area, and such other areas that tabulation processes are taking place, including, but not386 limited to, adjudication of provisional ballots, closing of adv ance voting equipment, the387 verification and processing of absentee ballots, memory card tr ansfers, or election388 reconciliation processes as the superintendent may deem necessary to the assurance of fair389 and honest procedures in the tabulating center. The locations designated by the390 superintendent shall ensure that each poll watcher can fairly o bserve the procedures set391 forth in this Code section. The poll watchers provided for in this subsection shall be392 appointed and serve in the same manner as other poll watchers."393 SECTION 12.394 Said chapter is further amended by adding a new Code section to read as follows:395 "21-2-493.1.396 (a) For each primary, election, or runoff, after the final upl oading of unofficial and397 incomplete election results on election night, the election sup erintendent shall prepare a398 report indicating the vote totals, by precinct and voting metho d, for all contests on the399 ballot; provided, however, that such report need not include information from:400 (1) Absentee ballots cast pursuant to the federal Uniformed an d Overseas Citizens401 Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended;402 (2) Provisional ballots; or403 (3) Any ballots requiring adjudication.404 - 16 - 25 LC 47 3701S (b) As soon as possible but not later than 11:59 P.M. or after the final uploading of405 unofficial and incomplete election results on election night, t he election superintendent406 shall ensure that a copy of such report is posted on the public website maintained by the407 county or municipality, if such public website exists. If no such public website exists, or408 if the election superintendent cannot upload to such website outside of business hours, such409 report must be posted in a public place that is accessible 24 hours a day to the public."410 SECTION 13.411 Said chapter is further amended in Code Section 21-2-540, relating to conduct and timing of412 special primaries and special elections generally, by revising subsection (b) and413 paragraph (2) of subsection (c) as follows:414 "(b) At least 29 days shall intervene between the call of a special primary and the holding415 of same, and at least 29 days shall intervene between the call of a special election and the416 holding of same. The period during which candidates may qualif y to run in a special417 primary or a special election shall remain open for a minimum of two and one-half days. 418 Special elections to present questions to the voters which are to be held in conjunction with419 the presidential preference primary, a state-wide general prima ry, or state-wide general420 election, state-wide special primary, or state-wide special election shall be called at least421 90 days prior to the date of such presidential preference prima ry, state-wide general422 primary, or state-wide general election, state-wide special primary, or st ate-wide special423 election; provided, however, that this requirement shall not apply to s pecial elections to424 present questions to the voters held on the same date as such p residential preference425 primary, state-wide general primary, or state-wide general election, state-wide special426 primary, or state-wide special election but conducted completely separate and apart from427 such state-wide general primary or state-wide general election using different ballots or428 voting equipment, facilities, poll workers, and paperwork."429 - 17 - 25 LC 47 3701S "(2) Notwithstanding any other pr ovision of law to the contrary , a special election to430 present a question to the voters shall be held only on one of the following dates which is431 at least 29 days after the date of the call for the special election:432 (A) In odd-numbered years, any such special election shall only be held on the:433 (i) The third Tuesday in March or on the;434 (ii) The Tuesday after the first Monday in November; and or435 (iii) The date of and in conjunction with any state-wide speci al primary or special436 election if one is held that year, regardless of whether or not such special primary or437 special election is held pursuant to the terms of this chapter; provided, however, that438 the 90 days call provision of subsection (b) of this Code section shall not apply to a439 special election held pursuant to this division; and440 (B) In even-numbered years, any such special election shall only be held on:441 (i) The date of and in conjunction with the presidential preference primary if one is442 held that year;443 (ii) The third Tuesday in March; provided, however, that such special election shall444 occur prior to July 1, 2024, and present a question to the voters on sales and use taxes445 authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;446 (iii) The date of the general primary; or447 (iv) The Tuesday after the first Monday in November."448 SECTION 14.449 Said chapter is further amended by revising Code Section 21-2-540, relating to conduct and450 timing of special primaries and special elections generally, ef fective on July 1, 2026, as451 follows:452 "21-2-540.453 (a)(1) Every special primary and special election shall be hel d and conducted in all454 respects in accordance with the provisions of this chapter rela ting to general primaries455 - 18 - 25 LC 47 3701S and general elections; and the provisions of this chapter relating to general primaries and456 general elections shall apply thereto insofar as practicable an d as not inconsistent with457 any other provisions of this chapter. All special primaries and special elections held at458 the time of a general primary, as provided by Code Section 21-2-541, shall be conducted459 by the poll officers by the use of the same equipment and facilities, insofar as practicable,460 as are used for such general primary. All special primaries and special elections held at461 the time of a general election, as provided by Code Section 21-2-541, shall be conducted462 by the poll officers by the use of the same equipment and facilities, insofar as practicable,463 as are used for such general election.464 (2) If a vacancy occurs in a partisan office to which the Gove rnor is authorized to465 appoint an individual to serve until the next general election, a special primary shall466 precede the special election.467 (b) At least 29 60 days shall intervene between the call of a special primary and the468 holding of same, and at least 29 45 days shall intervene between the call of a special469 election and the holding of same. The period during which candidates may qualify to run470 in a special primary or a special election shall remain open fo r a minimum of two and471 one-half days. Special elections to present questions to the voters which are to be held in472 conjunction with the presidential preference primary, a state-w ide general primary,473 state-wide general election, state-wide special primary, or state-wide special election shall474 be called at least 90 days prior to the date of such presidenti al preference primary,475 state-wide general primary, state-wide general election, state- wide special primary, or476 state-wide special election; provided, however, that this requi rement shall not apply to477 special elections to present questions to the voters held on th e same date as such478 presidential preference primary, state-wide general primary, state-wide general election,479 state-wide special primary, or state-wide special election but conducted completely480 separate and apart from such state-wide general primary or stat e-wide general election481 using different ballots or voting equipment, facilities, poll workers, and paperwork.482 - 19 - 25 LC 47 3701S (c)(1) Notwithstanding any other provision of law to the contrary, a special primary or483 special election to fill a vacancy in a county or municipal office shall be held only on one484 of the following dates which is at least 29 60 days after the date of the call for the special485 election:486 (A) In odd-numbered years, any such special primary or special election shall only be487 held on:488 (i) The third Tuesday in March;489 (ii) The third Tuesday in June; or490 (iii) The third Tuesday in September; or491 (iv) The Tuesday after the first Monday in November; and492 (B) In even-numbered years, any such special primary or special election shall only be493 held on:494 (i) The third Tuesday in March; provided, however, that in the event that a special495 primary or special election is to be held under this provision in a year in which a496 presidential preference primary is to be held, then any such special primary or special497 election shall be held on the date of and in conjunction with t he presidential498 preference primary;499 (ii) The date of the general primary; or500 (iii) The Tuesday after the first Monday in November;501 provided, however, that, in the event that a special primary or special election to fill a502 federal or state office on a date other than the dates provided in this paragraph has been503 scheduled and it is possible to hold a special primary or special election to fill a vacancy504 in a county, municipal, or school board office in conjunction with such special primary505 or special election to fill a federal or state office, the special primary or special election506 to fill such county, municipal, or school board office may be held on the date of and in507 conjunction with such special primary or special election to fi ll such federal or state508 - 20 - 25 LC 47 3701S office, provided all other provisions of law regarding such pri maries and elections are509 met.510 (2) Notwithstanding any other pr ovision of law to the contrary , a special election to511 present a question to the voters shall be held only on one of the following dates which is512 at least 29 45 days after the date of the call for the special election:513 (A) In odd-numbered years, any such special election shall only be held on:514 (i) The third Tuesday in March;515 (ii) The Tuesday after the first Monday in November; or516 (iii) The date of and in conjunction with any state-wide speci al primary or special517 election if one is held that year, regardless of whether or not such special primary or518 special election is held pursuant to the terms of this chapter; provided, however, that519 the 90 days call provision of subsection (b) of this Code section shall not apply to a520 special election held pursuant to this division; and521 (B) In even-numbered years, any such special election shall only be held on:522 (i) The date of and in conjunction with the presidential preference primary if one is523 held that year;524 (ii) The third Tuesday in March; provided, however, that such special election shall525 occur prior to July 1, 2024, and present a question to the voters on sales and use taxes526 authorized by Articles 5, 5A, and 5B of Chapter 8 of Title 48;527 (iii) The date of the general primary; or528 (iv)(iii) The Tuesday after the first Monday in November.529 (3) The provisions of this subsection shall not apply to:530 (A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,'531 to recall a public officer or to fill a vacancy in a public off ice caused by a recall532 election; and533 (B) Special primaries or special elections to fill vacancies i n federal or state public534 offices.535 - 21 - 25 LC 47 3701S (d) Except as otherwise provided by this chapter, the superint endent of each county or536 municipality shall publish the call of the special primary or special election.537 (e)(1) Candidates in special elections for partisan offices that are not preceded by special538 primaries shall be listed alphabetically on the ballot and may choose to designate on the539 ballot their party affiliation. The party affiliation selected by a candidate shall not be540 changed following the close of qualifying.541 (2) Candidates in special primaries shall be listed alphabetically on the ballot."542 SECTION 15.543 (a) Except as provided for in subsection (b) of this section, this Act shall become effective544 on July 1, 2025.545 (b)(1) Sections 1, 6, 13, 16, and this section of this Act shall become effective upon their546 approval by the Governor or upon their becoming law without such approval.547 (2) Section 14 of this Act shall become effective on July 1, 2026.548 (3) Sections 7 and 8 of this Act shall become effective on July 1, 2027.549 SECTION 16.550 All laws and parts of laws in conflict with this Act are repealed.551 - 22 -