SB214: SB214 Elections and Primaries; electors to cast physical absentee on-request ballots as an alternative to using other authorized means of casting in-person votes; authorize

LC 47 4318S The House Committee on Rules offers the following substitute to SB 214: 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 so as to provide for the provision by the state of new2 voting equipment as of January 1, 2028, that may include hand m arked paper ballots; to3 provide for ballot on demand printing; to revise and provide for definitions; to provide for4 the design, review, and record keeping of ballots printed by ba llot on demand printing5 equipment; to provide for storage, programming, testing, and custody of ballot on demand6 printing equipment; to provide that a certain number of electronic ballot marking devices are7 ready for use at each election day and advance voting location for voters with disabilities;8 to provide for provisions related to official ballot for vote t abulation of optical scanned9 ballots; to provide for preferential treatment during advance v oting to certain voters10 accompanied by children two years of age or younger; to revise provisions related to certain11 voters who need assistance; to provide for preferential treatme nt during certain hours on12 election day to certain voters accompanied by children two years of age or younger; to revise13 provisions related to certain voters who need assistance; to pr ovide that ballot scanners at14 precincts and at advance voting locations be programmed to reject ballots with overvotes to15 allow for electors to review their overvoted ballot prior to acceptance; to revise provisions16 related to data that must be posted with scanned ballots following the closing of the polls; to17 revise provisions related to the posting of certain digital ima ges following an election; to18 - 1 - LC 47 4318S revise provisions related to a pilot program for auditing paper ballots; to revise provisions19 related to certain recounts of votes; to making conforming cha nges; to revise provisions20 related to certain offenses to include references to ballot on demand printing equipment; to21 amend an Act relating to elections and primaries approved May 6 , 2024 (Ga. L. 2024, p.22 1028), SB 189, so as to revise an effective date; to provide fo r related matters; to provide23 effective dates; to repeal conflicting laws; and for other purposes.24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:25 SECTION 1.26 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and27 primaries generally, is amended in Code Section 21-2-2, relating to definitions, by adding28 new paragraphs to read as follows:29 "(2.05) 'Ballot on demand printing' means a system that prints ballots for each ballot style30 within a county or municipality."31 "(8.1) 'Hand marked paper ballot' means a paper ballot that is manually completed by the32 elector using a nonelectronic ballot marker."33 SECTION 2.34 Said chapter is further amended by revising Code Section 21-2-283, relating to printing and35 safekeeping of ballots and labels by superintendent, as follows:36 "21-2-283.37 In any primary or election, the superintendent or municipal governing authority shall cause38 all the ballots and ballot labels to be printed accurately and in the form prescribed by this39 chapter, and the superintendent or municipal governing authority shall be responsible for40 the safekeeping of the same while in his or her or its possession or that of his or her or its41 agent. The superintendent or municipal governing authority sha ll keep a record of the42 - 2 - LC 47 4318S number of official ballots printed prior to the election and furnished to each precinct at each43 primary and election and the number of stubs where used , unused ballots, spoiled, and44 canceled ballots subsequently returned therefrom. The superint endent or municipal45 governing authority shall keep a record of the number of official ballots created by ballot46 on demand printing equipment at each primary or election and the number of stubs where47 used, unused ballots, spoiled, and canceled ballots subsequently returned."48 SECTION 3.49 Said chapter is further amended in Code Section 21-2-283.1, relating to ballot proof check50 and review procedures, by revising subsections (b) and (c) as follows:51 "(b) In any primary, special primary, election, or special elec tion occurring after52 January 1, 2025, prior to the printing of the final official ballots, the final programming of53 any ballot on demand printing equipment, or the final programming of the display of the54 official ballot on electronic ballot markers pursuant to Code S ection 21-2-379.25, the55 superintendent shall check the ballot proof to ensure the accuracy of the official ballot by56 verifying that:57 (1) The ballots for each precinct contain the correct contests for the voters in that58 precinct and no other contests;59 (2) The ballots for each precinct contain the correct ballot questions for the voters in that60 precinct and no other questions; and61 (3) The name, political party or political body designation, incumbency status, and other62 identifying information for each candidate appearing on such ba llots are properly63 displayed.64 (c) After the superintendent has completed the ballot review a nd proofing procedures65 provided for in subsection (b) of this Code section, and has made any needed corrections,66 but before the ballots have been approved and sent to print, for final programming of any67 ballot on demand printing, or for final programming pursuant to Code Section 21-2-379.25,68 - 3 - LC 47 4318S the superintendent shall make available the final set of approv ed ballot proofs, clearly69 marked as ballot proofs, to any candidate appearing on the ballot, or such candidate's agent,70 using at least one of the following procedures:71 (1) By email, if the candidate has provided an email address at the time of qualifying; or72 (2) By making physical copies available for review at the offi ce of the superintendent73 during normal business hours.74 The ballot proof review procedures to be used in an election are at the sole discretion of the75 superintendent."76 SECTION 4.77 Said chapter is further amended in Code Section 21-2-286, relating to printing specifications,78 numbering, and binding of ballots, by revising paragraph (3) of subsection (b) as follows:79 "(3) Ballots printed by an electronic ballot marker or ballot o n demand printing80 equipment shall be designed as prescribed by the Secretary of State to e nsure ease of81 reading by electors, provided that each ballot shall have the name and designation of the82 precinct printed at the top."83 SECTION 5.84 Said chapter is further amended by revising Code Section 21-2-294, relating to responsibility85 of superintendent for recording number of ballots furnished and number of stubs, unused86 ballots, and canceled ballots returned, as follows:87 "21-2-294.88 The superintendent shall keep a record of the number of officia l ballots printed and89 furnished to each precinct at each primary and election and of the number of stubs where90 used, unused ballots, spoiled, and canceled ballots subsequently returned therefrom. The91 superintendent shall keep a record of the number of official ba llots created by ballot on92 - 4 - LC 47 4318S demand printing equipment at each primary or election and the n umber of stubs where93 used, unused ballots, spoiled, and canceled ballots subsequently returned."94 SECTION 6.95 Said chapter is further amended by revising Code Section 21-2-300, relating to provision of96 new voting equipment by state, uniform system using ballot scanners, pilot programs, county97 obligations, and use of physical ballots, as follows:98 "21-2-300.99 (a)(1) The equipment used for casting and counting votes in co unty, state, and federal100 elections shall be the same in each county in this state and sh all be provided to each101 county by the state, as determined by the Secretary of State.102 (2) As soon as possible, once Once such equipment is certified by the Secretary of State103 as safe and practicable for use, but no earlier than February 1, 2027, all federal, state, and104 county general primaries and general elections as well as speci al primaries and special105 elections in the State of Georgia occurring after December 31, 2027, shall be conducted106 with the use of scanning ballots marked by electronic ballot markers and that do not print107 QR codes or bar codes for use in tabulation or an optical scanning voting system utilizing108 hand marked paper ballots and ballot on demand printing equipme nt. Ballots shall be109 tabulated by using ballot scanners that also create scanned images of tabulated ballots for110 voting at the polls and for absentee ballots cast in person, unless otherwise authorized by111 law; provided, however, that electronic ballot markers that do not print QR codes or bar112 codes for use in tabulation shall be available and accessible a t each polling place and113 advance voting location for individuals with disabilities and t hat any such electronic114 ballot markers system shall produce paper ballots which are marked with the elector' s115 choices in a format readable by the elector.116 (3) The state shall furnish a uniform system of election equipment for use in each county117 as soon as possible after February 1, 2027. Additionally, if s uch uniform system uses118 - 5 - LC 47 4318S optical scanning voting systems utilizing hand marked paper ballots and ballot on demand119 printing the state shall furnish a uniform system of electronic ballot markers and ballot120 scanners in sufficient numbers to comply with Code Section 21-2-379.21 for use in each121 county as soon as possible. Such equipment Any electronic ballot markers and ballot122 scanners shall be certified by the United States Election Assistance Commission prior to123 purchase, lease, or acquisition. At its own expense, the governing authority of a county124 may purchase, lease, or otherwise acquire additional optical scanning voting system and125 ballot on demand printing equipment, electronic ballot markers, and ballot scanners of126 the type furnished by the state, if the governing authority so desires. Additionally, at its127 own expense, the governing authority of a municipality may choose to acquire its own128 optical scanning voting system, ballot on demand printing equipment, electronic ballot129 markers, and ballot scanners by purchase, lease, or other procurement process.130 (3.1)(A) As of February 1, 2027, to assist the Secretary of St ate in certifying a new131 uniform system of election equipment pursuant to this Code sect ion, an advisory132 committee shall be established and shall comprise the following members:133 (i) Two electors of the state to be appointed by the Governor; 134 (ii) One member of the Senate to be appointed by the President of the Senate;135 (iii) One member of the Senate to be appointed by the majority leader of the Senate;136 (iv) One member of the Senate to be appointed by the minority leader of the Senate;137 (v) One member of the House of Representatives to be appointed by the Speaker of138 the House of Representatives;139 (vi) One member of the House of Representatives to be appointe d by the majority140 leader of the House of Representatives;141 (vii) One member of the House of Representatives to be appointed by the minority142 leader of the House of Representatives;143 (viii) One county election official to be appointed by the Secretary of State from a list144 of at least five nominees, provided by the Georgia Association of Voter Registration145 - 6 - LC 47 4318S and Election Officials, of county election officials from counties having 500,000 or146 more registered electors;147 (ix) One county election official to be appointed by the Secretary of State from a list148 of at least five nominees, provided by the Georgia Association of Voter Registration149 and Election Officials, of county election officials from count ies other than those150 provided for in division (viii) of this subparagraph; and151 (x) An elector of the state to be appointed by the Secretary of State who is an expert152 in cybersecurity.153 (B) The Secretary of State shall be the chairperson of the advisory committee and shall154 call and organize any meeting of the committee; provided, however, that a meeting may155 also be called by seven members of the committee.156 (C) This subsection shall stand repealed on July 1, 2029.157 (4) Notwithstanding any provision of law to the contrary, as o f February 1, 2027, the158 Secretary of State is authorized to conduct pilot programs to test and evaluate the use of159 an optical scanning voting system, ballot on demand printing equipment, electronic ballot160 markers, and ballot scanners in primaries and elections in this state.161 (b) Each county shall, prior to being provided with voting equipment by the state, provide162 polling places that are adequate for the operation of such equipment including, if necessary,163 the placement within the polling places of a sufficient number of electrical outlets and164 telephone lines.165 (c) Each county shall, prior to being provided with voting equipment by the state, provide166 or contract for adequate technical support for the installation, set up, and operation of such167 voting equipment for each primary, election, and special primary and special election as168 the Secretary of State shall determine by rule or regulation.169 (d) The Secretary of State shall be responsible for the development, implementation, and170 provision of a continuing program to educate voters, election o fficials, and poll workers171 in the proper use of such voting equipment. Each county shall bear the costs, including172 - 7 - LC 47 4318S transportation, subsistence, and lodging, incurred by its election and registration officials173 in attending courses taught by or arranged by the Secretary of State for instruction in the174 use of the voting equipment.175 (e)(1) Counties shall be authorized to contract with municipal governments for the use176 of such voting equipment in municipal elections under terms and conditions specified by177 the Secretary of State to assure that the equipment is properly used and kept secure.178 (2) Notwithstanding the provisions of Code Section 21-2-45, counties may not levy a fee179 for use of state owned voting equipment but may require municipalities to reimburse the180 county for the actual expenses related to the election or elections that are subject to the181 county and municipal contract.182 (f)(1) Notwithstanding any provision of this Code section to the contrary, provided that183 the county election superintendent has petitioned and received the approval of the State184 Election Board at least 10 days prior to the beginning of advance voting, in any election185 with less than 5,000 registered electors, such superintendent m ay provide the electors186 physical ballots on the same type of ballot that is used for ab sentee ballots pursuant to187 subsection (a) of Code Section 21-2-383 and allow electors to mark their ballot using a188 pen, pencil, or similar non-electronic writing tool as an alter native to using electronic189 ballot marking devices.190 (2) Such physical ballots may only be used to conduct:191 (A) Special primaries, special elections, or runoffs thereof for county offices; or192 (B) Special elections to present a question to the voters of a county.193 Furthermore, such primary, special primary, election, or specia l election shall occur194 independently and apart from a presidential preference primary, state-wide general195 primary, state-wide special primary, state-wide general electio n, or state-wide special196 election."197 - 8 - LC 47 4318S SECTION 7.198 Said chapter is further amended by revising Code Section 21-2-3 72, relating to ballot199 description and watermark required, as follows:200 "21-2-372.201 Ballots shall be of suitable design, size, and stock to permit processing by a ballot scanner202 and shall be printed in black ink on clear, white, or colored material. Other than ballots203 delivered electronically to qualified electors who are entitled to vote by absentee ballot204 under the federal Uniformed and Overseas Citizens Absentee Voti ng Act, 52 U.S.C.205 Section 20301, et seq., the ballots shall be printed on securit y paper that incorporates206 features which can be used to authenticate the ballot as an official ballot but which do not207 make the ballot identifiable to a particular elector, provided that at least one such feature208 is a visible watermark that identifies the ballot as an officia l Georgia ballot and another209 such feature is a unique serialized ballot batch identifier number."210 SECTION 8.211 Said chapter is further amended by adding a new Code section to read as follows:212 "21-2-374.1.213 (a) The superintendent of each county or municipality shall cause the proper ballot designs214 and styles to be programmed for ballot on demand printing equipment which is to be used215 in any precinct within such county or municipality, shall cause such equipment to be placed216 in proper order for voting, and shall examine such equipment before it is sent to a polling217 place for use in a primary or election, to verify that such equ ipment produces proper218 ballots.219 (b) The superintendent of each county or municipality may appoint, with the approval of220 the county or municipal governing authority, as appropriate, a custodian of ballot on221 demand printing equipment, and deputy custodians as may be necessary, whose duty shall222 be to prepare such equipment to be used in the county or municipality at the primaries and223 - 9 - LC 47 4318S elections to be held therein. Each custodian and deputy custodian shall receive from the224 county or municipality such compensation as shall be fixed by the governing authority of225 such county or municipality. Such custodian shall, under the d irection of such226 superintendent, have charge of and shall represent the superint endent during the227 preparation of the ballot on demand printing equipment as required by this chapter. Each228 custodian and deputy custodian shall serve at the pleasure of such superintendent and each229 shall take an oath of office prepared by the Secretary of State before each primary or230 election, which shall be filed with the superintendent.231 (c) On or before the third day preceding a primary or election, including special primaries,232 special elections, and referendum elections, the superintendent of each county or233 municipality shall have ballot on demand printing equipment tes ted to ensure that it234 correctly produces a ballot as required by this chapter. Public notice of the time and place235 of such test shall be made at least five days prior thereto. Such superintendent shall publish236 such notice on the homepage of the county's or municipality's publicly accessible website237 associated with elections, if the county or municipality maintains such a website, and in a238 newspaper of general circulation in the county or municipality and by posting in a239 prominent location within the county or municipality. Such not ice shall state the date,240 time, and place or places where preparation and testing of the ballot on demand printing241 equipment for use in the primary or election will commence, tha t such preparation and242 testing shall continue from day to day until complete, and that representatives of political243 parties and bodies, news media, and the public shall be permitt ed to observe such tests. 244 The superintendent shall also provide such notice to the Secret ary of State who shall245 publish on its website the information received from superinten dents stating the dates,246 times, and place or places for preparation and testing of ballo t on demand printing247 equipment. However, such representatives of political parties and bodies, news media, and248 the public shall not in any manner interfere with the preparati on and testing of such249 equipment. The advertisement in the newspaper of general circulation shall be prominently250 - 10 - LC 47 4318S displayed, shall not be less than 30 square inches, and shall not be placed in the section of251 the newspaper where legal notices appear."252 SECTION 9.253 Said chapter is further amended by revising Code Section 21-2-377, relating to custody and254 storage when not in use, as follows:255 "21-2-377.256 (a) The superintendent shall designate a person or persons who shall have custody of the257 ballot on demand printing equipment and ballot scanners of the county or municipality258 when they are not in use at a primary or election and shall pro vide for his or her259 compensation and for the safe storage and care of the ballot such equipment and scanners.260 (b) All ballot on demand printing equipment and ballot scanners, when not in use, shall be261 properly covered and stored and secured under conditions as shall be specified by the State262 Election Board in a suitable place or places."263 SECTION 10.264 Said chapter is further amended by revising Code Section 21-2-379.21, relating to access to265 optical scanning voting systems for disabled, as follows:266 "21-2-379.21.267 Each polling place in this state utilizing optical scanning voting systems shall be equipped268 with at least one electronic ballot marker that meets the requi rements as set forth in this269 part and in Code Section 21-2-300 that is accessible to individuals with disabilities."270 SECTION 11.271 Said chapter is further amended in Code Section 21-2-379.23, as becomes effective on July272 1, 2026, relating to requirements for ballot display and offici al ballot for vote tabulation,273 recount, and audit, by revising subsection (d) as follows:274 - 11 - LC 47 4318S "(d) The text portion of the paper ballot marked and by the elector or printed by the275 electronic ballot marker indicating the elector's selection shall constitute the official ballot276 and shall constitute the official vote for purposes of vote tabulation, any recount conducted277 pursuant to Code Section 21-2-495, and any audit conducted purs uant to Code278 Section 21-2-498. The official tabulation count of any ballot scanner shall be based upon279 the text portion or the machine mark, provided that such mark clearly denotes the elector's280 selection and does not use a QR code, bar code, or similar coding, of such ballots and not281 any machine coding that may be printed on such ballots elector's marked selection;282 provided, however, that nothing in this chapter shall be deemed to prohibit or prevent the283 use of timing marks by optical scanning voting systems to determine the elector's marked284 selection."285 SECTION 12.286 Said chapter is further amended in Code Section 21-2-379.24, re lating to examination of287 electronic ballot markers, revocation of approval, penalty to vendors for inappropriate sale,288 improvements or changes to devices, prohibition on pecuniary in terest, and limitation on289 public inspection, by revising subsection (g) as follows:290 "(g) Documents or information that, if made public, would endan ger the security of any291 voting system used or being considered for use in this state, o r any component thereof,292 including, but not limited to, electronic ballot markers, DREs, ballot on demand printing293 equipment, ballot scanners, pollbooks, and software or data bases databases used for voter294 registration, shall not be open for public inspection except up on order of a court of295 competent jurisdiction."296 SECTION 13.297 Said chapter is further amended in Code Section 21-2-383, relat ing to preparation and298 delivery of ballots, form of ballots, casting ballot in person using DRE unit, and casting299 - 12 - LC 47 4318S ballot in person or as absentee using electronic ballot markers, by adding a new subsection300 to read as follows:301 "(d) Notwithstanding any other provision of this Code section t o the contrary, in302 jurisdictions in which an optical scanning voting system with ballot scanners is used in the303 polling places on election day, such scanners, along with any ballot on demand equipment,304 shall be used for casting absentee ballots in person at a registrar's or absentee ballot clerk's305 office or in accordance with Code Section 21-2-382, providing for additional sites."306 SECTION 14.307 Said chapter is further amended by revising Code Section 21-2-385.1, relating to preferential308 treatment for older and disabled voters, as follows:309 "21-2-385.1.310 During the period of advance voting established pursuant to sub section (d) of Code311 Section 21-2-385, each elector who is 75 years of age or older, who is accompanied by one312 or more children two years of age or younger, or who is disabled and requires assistance313 in casting an absentee ballot in person at the registrar's office, absentee ballot clerk's office,314 or other locations as provided for in Code Section 21-2-382 such that standing in line315 would be impracticable shall, upon request to a designated office employee or other316 individual, be authorized to vote immediately at the next available voting compartment or317 booth without having to wait in line if such location utilizes direct recording electronic318 voting systems or be authorized to go to the head of any line n ecessary to cast a written319 absentee ballot. Notice of the provisions of this Code section shall be prominently320 displayed in the registrar's office or absentee ballot clerk's office and at the voting location."321 - 13 - LC 47 4318S SECTION 15.322 Said chapter is further amended by revising Code Section 21-2-409.1, relating to voting by323 electors who are 75 years of age or older or disabled electors without having to wait in line,324 as follows:325 "21-2-409.1.326 On election day between the hours of 9:30 A.M. and 4:30 P.M., e ach elector who is 75327 years of age or older, who is accompanied by one or more childr en two years of age or328 younger, or who is disabled and requires assistance in voting as author ized by Code329 Section 21-2-409, such that standing in line would be impracticable shall, upon request to330 a poll officer, be authorized at any primary or election to vot e immediately at the next331 available voting compartment or booth without having to wait in line. Notice of the332 provisions of this Code section shall be prominently displayed in a t the voting place333 location."334 SECTION 16.335 Said chapter is further amended by revising Code Section 21-2-481, relating to design, size,336 and stock of ballots, as follows:337 "21-2-481.338 (a) Ballots in a precinct using optical scanning voting equipment shall be of suitable339 design, size, and stock to permit processing by a tabulating machine and shall be printed340 in black ink on white or colored material. A serially numbered strip shall be attached to341 each ballot to be counted by a central count tabulator in the same form as required by Code342 Section 21-2-372.343 (b) In primaries and elections in which optical scanning voting equipment is used at the344 precinct or advance voting location, each ballot scanner shall be programmed to initially345 reject any ballot on which an overvote or other error is detected and allow the elector the346 opportunity for such elector to review and correct any ballot so rejected prior to such ballot347 - 14 - LC 47 4318S scanner accepting such ballot. The State Election Board is authorized to prescribe by rule348 or regulation the procedures necessary for the implementation of the requirements of this349 subsection at each precinct or advance voting location."350 SECTION 17.351 Said chapter is further amended by revising Code Section 21-2-4 82, relating to absentee352 ballots for precincts using optical scanning voting equipment, as follows:353 "21-2-482.354 Ballots in a precinct using optical scanning voting equipment f or voting by absentee355 electors shall either be prepared sufficiently in advance by the superintendent and shall be356 delivered to the board of registrars as provided in Code Sectio n 21-2-384, or shall be357 printed using ballot on demand printing equipment. Such ballots shall be marked 'Official358 Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of359 this chapter, except that in counties or municipalities using v oting machines, direct360 recording electronic (DRE) units, or ballot scanners, the ballots may be in substantially the361 form for the ballot labels required by Article 9 of this chapter or in such form as will allow362 the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof363 the following:364 'I understand that the offer or acceptance of money or any other object of value to vote365 for any particular candidate, list of candidates, issue, or lis t of issues included in this366 election constitutes an act of voter fraud and is a felony under Georgia law.'367 The form for either ballot shall be determined and prescribed by the Secretary of State and368 shall have printed at the top the name and designation of the precinct."369 SECTION 18.370 Said chapter is further amended in Code Section 21-2-483, relat ing to counting of ballots,371 public accessibility to tabulating center and precincts, execut ion of ballot recap forms,372 - 15 - LC 47 4318S procedure for torn, bent, or otherwise defective ballots, and preparation of duplicate ballots,373 by revising subsections (a) and (b) as follows:374 "(a) In primaries and elections in which optical scanners are u sed, the ballots shall be375 counted at the precinct, advance voting location, or tabulating center under the direction376 of the superintendent. All persons who perform any duties at the tabulating center shall be377 deputized by the superintendent, and only persons so deputized shall touch any ballot,378 container, paper, or machine utilized in the conduct of the cou nt or be permitted to be379 inside the area designated for officers deputized to conduct the count.380 (b) All proceedings at the tabulating center, advance voting location, and precincts shall381 be open to the view of the public, but no person except one employed and designated for382 the purpose by the superintendent or the superintendent's authorized deputy shall touch any383 ballot or ballot container."384 SECTION 19.385 Said chapter is further amended in Code Section 21-2-493, relat ing to computation,386 canvassing, and tabulation of returns, investigation of discrepancies in vote counts, recount387 procedure, posting of digital images of scanned paper ballots, certification of returns, and388 change in returns, by revising subsection (j.1) and adding a ne w subsection to read as389 follows:390 "(h.1) Notwithstanding any provision of this Code section related to paper ballots to the391 contrary, in precincts in which optical scanning voting equipme n t h a s b e e n u s e d , t h e392 superintendent shall verify the computation of votes cast in such precinct by examining and393 comparing reports produced by the optical scanning voting equipment, ballot on demand394 system if used, the state's voter registration system, and all pertinent information reported395 by the poll managers on recapitulation forms. If, upon consideration by the superintendent396 of the reports and forms from any precinct, it appears that the total votes returned for any397 single candidate or the total votes returned for any combination of candidates for the same398 - 16 - LC 47 4318S office or nomination or on any question exceeds the number of electors in such precinct or399 exceeds the total number of persons who voted in such precinct or the total number of400 ballots cast therein, such excess shall be deemed a discrepancy and palpable error and shall401 be investigated by the superintendent. Such excess shall authorize the summoning of the402 poll officers to appear immediately with any primary or election papers in their possession.403 The superintendent shall then examine all the registration and primary or election404 documents relating to such precinct in the presence of representatives of each party, body,405 and interested candidate. Such examination may include a recou nt or recanvass of the406 votes of that precinct if deemed necessary by the superintendent. Upon investigating any407 excess pursuant to this subsection, the superintendent shall im mediately notify the408 Secretary of State. If any discrepancies are discovered, the superintendent shall investigate409 the discrepancy and, if necessary, correct the results."410 "(j.1) The Secretary of State shall create and maintain a state-wide program for the posting411 of digital images of the scanned paper ballots created by the voting system. All such scans412 shall have a resolution of no less than 200 dots per inch. Dig ital images of the scanned413 ballots created as part of the preliminary tabulation process, cast vote records, and system414 log files of central tabulators shall be posted no later than 5:00 P.M. on the second Friday415 following the day of the election, and such postings shall be supplemented by the posting416 of any additional ballot images created in the tabulation process through final certification417 of such election."418 SECTION 20.419 Said chapter is further amended in Code Section 21-2-495, relating to procedure for recount420 or recanvass of votes, losing candidate's right to a recount, a nd rules and regulations, by421 revising subsection (c) as follows:422 "(c)(1) Whenever the difference between the number of votes rec eived by a candidate423 who has been declared nominated for an office in a primary elec tion or who has been424 - 17 - LC 47 4318S declared elected to an office in an election or who has been declared eligible for a run-off425 primary or election and the number of votes received by any oth er candidate or426 candidates not declared so nominated or elected or eligible for a runoff shall be not more427 than one-half of 1 1 percent of the total votes which were cast for such office therein, any428 such candidate or candidates receiving a sufficient number of votes so that the difference429 between his or her vote and that of a candidate declared nominated, elected, or eligible430 for a runoff is not more than one-half of 1 1 percent of the total votes cast, within a period431 of two business days following the certification of the election results, shall have the right432 to a recount of the votes cast, if such request is made in writing by the losing candidate. 433 If the office sought is a federal or state office voted upon by the electors of more than one434 county, the request shall be made to the Secretary of State who shall direct that the435 recount be performed in all counties in which electors voted for such office and notify the436 superintendents of the several counties involved of the request . In all other cases, the437 request shall be made to the superintendent. The superintendent or superintendents shall438 order a recount of such votes to be made immediately. If, upon such recount, it is439 determined that the original count was incorrect, the returns and all papers prepared by440 the superintendent, the superintendents, or the Secretary of St ate shall be corrected441 accordingly and the results recertified.442 (2) Whenever the difference between the number of votes for approval or rejection of a443 constitutional amendment or binding referendum question shall be not more than one-half444 of 1 1 percent of the total votes which were cast on such amendment or question therein,445 within a period of two business days following the certification of the election results, the446 Constitutional Amendments Publication Board shall be authorized in its discretion to call447 for a recount of the votes cast with regard to such amendment or question. In the case of448 a constitutional amendment or state-wide referendum question or a question voted upon449 by the electors of more than one county, the board shall direct the Secretary of State to450 cause a recount to be performed with regard to such amendment o r question in all451 - 18 - LC 47 4318S counties involved and notify the superintendents of the recount. In the case of questions452 voted upon by the electors of only one county or municipality, the board shall direct the453 Secretary of State to cause a recount to be conducted by the co unty or municipality454 involved and the Secretary of State shall notify the superinten dent involved of the455 recount. Upon notification, the superintendent or superintendents shall order a recount456 of such votes to be made immediately. If, upon such recount, i t is determined that the457 original count was incorrect, the returns and all papers prepared by the superintendent,458 the superintendents, or the Secretary of State shall be correct ed accordingly and the459 results recertified."460 SECTION 21.461 Said chapter is further amended by revising Code Section 21-2-4 98.1, relating to pilot462 program to audit paper ballots using optical character recognition, as follows:463 "21-2-498.1.464 The Secretary of State State Election Board shall create a pilot program for the auditing of465 paper ballot images using optical character recognition technol ogy or other related466 technology which shall verify the human-readable text portion of the ballot. Such auditing467 program shall not be based on or tabulate any QR code, bar code , or similar machine468 coding that may be printed on such ballots. Such audits shall include all ballot types, and469 the audit findings shall be reported prior to final certification of the election. Any similar470 pilot program being conducted by the Secretary of State on the effective date of this Code471 section shall be immediately terminated."472 SECTION 22.473 Said chapter is further amended by revising Code Section 21-2-566, relating to interference474 with primaries and elections generally, as follows:475 - 19 - LC 47 4318S "21-2-566.476 Any person who: 477 (1) Willfully prevents or attempts to prevent any poll officer from holding any primary478 or election under this chapter;479 (2) Uses or threatens violence in a manner that would prevent a reasonable poll officer,480 election official, or poll watcher or actually prevents a poll officer, election official, or481 poll watcher, as provided for by Code Section 21-2-408, from the execution of his or her482 duties or materially interrupts or improperly and materially interferes with the execution483 of a poll officer, election official, or poll watcher's, as pro vided for by Code Section484 21-2-408, duties;485 (3) Willfully blocks or attempts to block the avenue to the door of any polling place;486 (4) Uses or threatens violence in a manner that would prevent a reasonable elector from487 voting or actually prevents any elector from voting;488 (5) Willfully prepares or presents to any poll officer a fraudulent voter's certificate not489 signed by the elector whose certificate it purports to be;490 (6) Knowingly deposits fraudulent ballots in the ballot box;491 (7) Knowingly registers fraudulent votes upon any voting machine; or492 (8) Willfully tampers with any electors list, voter's certificate, numbered list of voters,493 ballot box, voting machine, direct recording electronic (DRE) e quipment, electronic494 ballot marker, optical scanning voting system, ballot on demand printing equipment, or495 tabulating machine,496 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment497 for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00,498 or both."499 - 20 - LC 47 4318S SECTION 23.500 Said chapter is further amended by revising Code Section 21-2-5 80, relating to tampering501 with, damaging, improper preparation of, or prevention of prope r operation of voting502 machines or electronic ballot markers or tabulating machines, as follows:503 "21-2-580.504 Any person who:505 (1) Unlawfully opens, tampers with, or damages any voting machine, or electronic ballot506 marker, optical scanning voting system, ballot on demand printi ng equipment, ballot507 scanner, or tabulating machine to be used or being used at any primary or election;508 (2) Willfully prepares a voting machine, or an electronic ballot marker, optical scanning509 voting system, ballot on demand printing equipment, ballot scan ner, or tabulating510 machine for use in a primary or election in improper order for voting; or511 (3) Prevents or attempts to prevent the correct operation of s uch voting machine,512 electronic ballot marker, optical scanning voting system, ballo t on demand printing513 equipment, ballot scanner, or tabulating machine or voting machine,514 shall be guilty of a felony."515 SECTION 24.516 Said chapter is further amended by revising Code Section 21-2-5 82, relating to tampering517 with, damaging, or preventing of proper operation of direct recording electronic equipment518 or electronic ballot marker or tabulating machine or device, as follows:519 "21-2-582.520 Any person who tampers with or damages any direct recording ele ctronic (DRE)521 equipment, or electronic ballot marker, optical scanning voting system, ballot on demand522 printing equipment, ballot scanner, or tabulating machine or device to be used or being523 used at or in connection with any primary or election or who pr events or attempts to524 prevent the correct operation of any direct recording electroni c (DRE) equipment, o r525 - 21 - LC 47 4318S electronic ballot marker, optical scanning voting system, ballo t on demand printing526 equipment, ballot scanner, or tabulating machine or device shall be guilty of a felony."527 SECTION 25.528 Said chapter is further amended by revising Code Section 21-2-582.1, relating to penalty for529 voting equipment modification, as follows:530 "21-2-582.1.531 (a) For the purposes of As used in this Code section, the term 'voting equipment' shall532 mean a voting machine, ballot scanner, tabulating machine, optical scanning voting system,533 ballot on demand printing equipment, direct recording electronic voting system, or534 electronic ballot marker.535 (b) Any person or entity, including, but not limited to, a manufacturer or seller of voting536 equipment, who alters, modifies, or changes any aspect of such voting equipment without537 prior approval of the Secretary of State is shall be guilty of a felony."538 SECTION 26.539 Said chapter is further amended by revising Code Section 21-2-587, relating to frauds by poll540 officers, as follows:541 "21-2-587.542 Any poll officer who willfully:543 (1) Makes a false return of the votes cast at any primary or election;544 (2) Deposits fraudulent ballots in the ballot box or certifies as correct a false return of545 ballots;546 (3) Registers fraudulent votes upon any voting machine or cert ifies as correct a return547 of fraudulent votes cast upon any voting machine;548 (4) Makes any false entries in the electors list;549 (5) Destroys or alters any ballot, voter's certificate, or electors list;550 - 22 - LC 47 4318S (6) Tampers with any voting machine, direct recording electron ic (DRE) equipment,551 electronic ballot marker, optical scanning voting system, ballo t on demand printing552 equipment, ballot scanner, or tabulating machine or device;553 (7) Prepares or files any false voter's certificate not prepared by or for an elector actually554 voting at such primary or election; or555 (8) Fails to return to the officials prescribed by this chapte r, following any primary or556 election, any keys of a voting machine; ballot box; general or duplicate return sheet; tally557 paper; oaths of poll officers; affidavits of electors and others; record of assisted voters;558 numbered list of voters; electors list; voter's certificate; sp oiled and canceled ballots;559 ballots deposited, written, or affixed in or upon a voting machine; DRE, electronic ballot560 marker, ballot scanner, or tabulating machine memory cards; or any certificate or any561 other paper or record required to be returned under this chapter,562 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment563 for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00,564 or both."565 SECTION 27.566 An Act relating to elections and primaries approved May 6, 2024 (Ga. L. 2024, p. 1028),567 SB 189, is amended by revising subsection (d) of Section 13 as follows:568 "(d) Section 7 of this Act shall become effective on January 1, 2028."569 SECTION 28.570 (a) Except as provided for in subsection (b) of this section, this Act shall become effective571 on January 1, 2027.572 (b)(1) This section and Sections 14, 15, 18, 19, 27, and 29 of this Act shall become573 effective upon its approval by the Governor or upon its becomin g law without such574 approval.575 - 23 - LC 47 4318S (2) Sections 20 and 21 of this Act shall become effective on July 1, 2026.576 (3) Section 11 of this Act shall become effective on January 1, 2028.577 SECTION 29.578 All laws and parts of laws in conflict with this Act are repealed.579 - 24 -