SB270: SB270 Elections and Primaries; rules or regulations adopted by the State Election Board prior to a general primary, general election, or runoff thereof; limit the effective date

25 LC 47 3445 Senate Bill 270 By: Senators Watson of the 11th, Gooch of the 51st, Burns of the 23rd, Williams of the 25th, Kennedy of the 18th and others 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 limit the effective date of rules or regulations2 adopted by the State Election Board prior to a general primary, general election, or runoff3 thereof; to provide that hand delivered absentee ballots shall not be accepted following the4 end of advance voting; to provide exceptions; to provide procedures for supervised assistance5 in preparing absentee ballots events at an assisted living facility, a nursing home facility, or6 a long-term care facility; to provide for notice of such events to candidates and the selection7 of poll watchers for the same; to revise certain reporting requ irements related to advance8 voting; to revise provisions related to locations poll watchers may have access to; to provide9 reporting requirements for the conclusion of the computation and canvassing of the returns;10 to provide for related matters; to provide an effective date; to repeal conflicting laws; and for11 other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 S. B. 270 - 1 - 25 LC 47 3445 SECTION 1.14 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and15 primaries generally, is amended by revising Code Section 21-2-3 5, relating to emergency16 rules and regulations, imminent peril requirement, and procedures, as follows:17 "21-2-35.18 (a) Except for emergency rule-making as provided for in subsec tion (b) of this Code19 section, if the State Election Board adopts a rule, as defined in Code Section 50-13-2, or20 a regulation and the date of such adoption is within 60 days of the date of a presidential21 preference primary, general primary, general election, or runoff thereof, the effective date22 of such rule or regulation shall be 30 days following the date of such primary, election, or23 runoff.24 (a)(b) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating25 to emergency management, or Chapter 13 of Title 50, the 'Georgi a Administrative26 Procedure Act,' to the contrary, the State Election Board may only adopt emergency rules27 or regulations in circumstances of imminent peril to public health, safety, or welfare. To28 adopt any such emergency rule or regulation, in addition to any other rule-making29 requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:30 (1) Give notice to the public of its intended action;31 (2) Immediately upon the setting of the date and time of the m eeting at which such32 emergency rule or regulation is to be considered, give notice by email of its intended33 action to:34 (A) The Governor;35 (B) The Lieutenant Governor;36 (C) The Speaker of the House of Representatives;37 (D) The chairpersons of the standing committees of each house of the General38 Assembly tasked with election matters;39 (E) The Secretary of State;40 S. B. 270 - 2 - 25 LC 47 3445 (F) Legislative counsel; and41 (G) The chief executive officer of each political party regist ered pursuant to42 subsection (a) of Code Section 21-2-110; and43 (3) State in the notices required by paragraphs (1) and (2) of this subsection the nature44 of the emergency and the manner in which such emergency represents an imminent peril45 to public health, safety, or welfare.46 (b)(c) Upon adoption or promulgation of any emergency rule or regula tion pursuant to47 subsection (b) of this Code section, a majority of the State Election Board shall certify in48 writing that such emergency rule or regulation was made in stri ct and exact compliance49 with the provisions of this chapter and subsection (e) of Code Section 50-13-4.50 (c)(d) In the event of any conflict between this Code section and an y provision of51 Chapter 13 of Title 50, this Code section shall govern and supersede any such conflicting52 provision."53 SECTION 2.54 Said chapter is further amended in Code Section 21-2-382, relating to additional buildings55 as additional registrar's office or place of registration for receiving absentee ballots and for56 advance voting, and drop boxes, by adding a new subsection to read as follows:57 "(b.1) Notwithstanding any provisions of this article to the co ntrary, the registrars or58 absentee ballot clerk shall not accept the hand delivery of any absentee ballot following the59 end of the period of advance voting provided for in subsection (d) of Code60 Section 21-2-385; provided, however, that this subsection shall not apply to:61 (1) Any absentee ballots delivered pursuant to subsection (a) of Code Section 21-2-38562 on the date of a primary, election, or runoff during the hours polls are open on such day;63 (2) Absentee ballots delivered to the registrars or absentee b allot clerk by the United64 States Postal Service; or65 S. B. 270 - 3 - 25 LC 47 3445 (3) Absentee ballots cases pursuant to the federal Uniformed a nd Overseas Citizens66 Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended."67 SECTION 3.68 Said chapter is further amended by adding a new Code section to read as follows:69 "21-2-382.1.70 (a) Upon a valid request being made pursuant to subsection (b) of this Code section, the71 board of registrars or absentee ballot clerk shall provide even ts at which supervised72 assistance in preparing absentee ballots may be provided to absentee electors who reside73 in any assisted living facility, nursing home facility, or long-term care facility within the74 county, or in the case of municipal elections within the municipality. Such events shall be75 known as 'supervised assistance events.'76 (b)(1) Request for a supervised assistance in preparing absent ee ballot event may be77 made by:78 (A) The administrator of such facility; or79 (B) A resident of such facility who is a registered elector.80 (2) Such request shall be submitted in writing to the registra rs or absentee ballot clerk81 no later than 30 days prior to the date of the primary, election, or runoff for which such82 request is submitted. Such request shall specify the name and address of the facility, as83 well as the name of each absentee elector who wishes to receive supervised assistance in84 preparing his or her absentee ballot. If a request made pursua nt to this subsection85 contains the names of fewer than five absentee electors, the registrars or absentee ballot86 clerk is not required to provide a supervised assistance event.87 (c)(1) The registrars or absentee ballot clerk shall, in cooperation with the administrator88 of such facility, select the date and time that a supervised assistance event will occur.89 (2) Upon setting the date and location for a supervised assistance event, the registrars or90 absentee ballot clerk shall provide notice of such event in:91 S. B. 270 - 4 - 25 LC 47 3445 (A) A primary or run-off primary, to each candidate entitled to have his or her name92 placed on the primary or run-off primary ballot of such event; and93 (B) An election or run-off electi on, to each political party, each political body, and94 each nonpartisan or independent candidate who appears on the ballot for such election95 or run-off election.96 (d) The registrars or absentee ballot clerk shall designate a supervised assistance team to97 provide the services required by this Code section at each supe rvised assistance event. 98 Each such team shall include no less than two persons employed or designated by such99 registrars or absentee ballot clerk and shall have sworn an oath in the same form as the oath100 for poll officers set forth in Code Section 21-2-95.101 (e) A supervised assistance team shall deliver absentee ballots and the necessary envelopes102 to each absentee elector at such facility who has requested sup ervised assistance in103 preparing his or her absentee ballot. Such team may jointly assist the absentee elector in104 preparing the envelopes and the oath required by this article f or an absentee ballot. A105 member of such team may assist an absentee elector in voting hi s or her absentee ballot106 only if such elector is entitled to assistance in voting pursua nt to subsection (c) of Code107 Section 21-2-384.108 (f) Before providing any assistance to an absentee elector, the supervised assistance team109 shall disclose to the absentee elector:110 (1) That he or she may:111 (A) Retain the absentee ballot and envelopes provided by such team;112 (B) Complete such absentee ballot at a later date or time;113 (C) Return the completed absentee ballot in any manner as provided for in this article;114 or115 (D) Vote in person either at an advance voting location or his or her designated116 precinct; and117 S. B. 270 - 5 - 25 LC 47 3445 (2) The date that a voted absentee ballot must be delivered to the registrars or absentee118 ballot clerk for it to be tabulated for such primary, election, or runoff.119 (g) If an absentee elector elects to vote his or her absentee ballot during the supervised120 assistance event, such absentee elector may choose to provide t he signed and sealed121 absentee ballot envelope containing his or her absentee ballot to the supervised assistance122 team. Such team shall place all such absentee ballots they receive in a secured container123 and upon the completion of the event immediately deliver such container to the registrars124 or absentee ballot clerk for processing pursuant to Code Section 21-2-386.125 (h) In the event that an absentee elector declines to or is unable to accept an absentee ballot126 or the required envelopes from the supervised assistance team, such team shall mark such127 absentee ballot as 'refused to vote' or 'unable to vote' and return such absentee ballot to the128 registrars or absentee ballot clerk."129 SECTION 4.130 Said chapter is further amended in Code Section 21-2-385, relating to procedure for voting131 by absentee ballot and advance voting, by revising subsection (e) as follows:132 "(e) On each day of an absentee voting period, each county board of registrars or municipal133 absentee ballot clerk shall report for the county or municipali ty to the Secretary of State134 and post on the county or municipal website, or if the county o r municipality does not135 maintain such a website, a place of public prominence in the county or municipality, not136 later than 10:00 A.M. on each business day the number of person s to whom absentee137 ballots have been issued, the number of persons who have returned absentee ballots, and138 the number of absentee ballots that have been rejected. Additi onally, on each day of an139 advance voting period, each county board of registrars or municipal absentee ballot clerk140 shall report to the Secretary of State and post on the county or municipal website, or if the141 county or municipality does not maintain such a website, a place of public prominence in142 the county or municipality, not later than 10:00 A.M. on each business day the number of143 S. B. 270 - 6 - 25 LC 47 3445 persons who have voted at the advance voting sites in the county or municipality, and for144 each primary the number of nonpartisan ballots requested . During the absentee voting145 period and for a period of three days following a primary, election, or runoff, each county146 board of registrars or municipal absentee ballot clerk shall report to the Secretary of State147 and post on the county or munici pal website, or if the county o r municipality does not148 maintain such a website, a place of public prominence in the county or municipality, not149 later than 10:00 A.M. on each business day the number of person s who have voted150 provisional ballots, the number of provisional ballots that hav e verified or cured and151 accepted for counting, and the number of provisional ballots that have been rejected." 152 SECTION 5.153 Said chapter is further amended in Code Section 21-2-408, relat ing to poll watchers,154 designation, duties, removal for interference with election, re ports of infractions or155 irregularities, ineligibility of candidates to serve, and training, by adding a new subsection156 and revising subsection (c) as follows:157 "(b.1)(1) In a primary or run-off primary, each candidate entitled to have his or her name158 placed on the primary or run-off primary ballot may submit the name of one poll watcher159 for each location at which a supervised assistance event conduc ted pursuant to Code160 Section 21-2-382.1 occurs in which he or she wishes to have an observer to the161 chairperson or secretary of the appropriate party executive com mittee at least 14 days162 prior to the date of such supervised assistance event. The app ropriate party executive163 committee shall designate at least seven days prior to such sup ervised assistance event164 for a primary or run-off primary no more than two poll watchers for each supervised165 assistance event location, such poll watchers to be selected by the committee from the list166 submitted by party candidates. Official poll watchers shall be given a letter signed by the167 party chairperson and secretary, if designated by a political p arty, containing the168 following information: name of official poll watcher, address, location in which he or she169 S. B. 270 - 7 - 25 LC 47 3445 shall serve, and name and date of primary or run-off primary. At least three days prior170 to the supervised assistance event, a copy of the letter shall be delivered to the171 superintendent and the chief registrar of the county or municip ality in which the poll172 watcher is to serve.173 (2) In an election or run-off election, each political party a nd political body shall each174 be entitled to designate, at least seven days prior to when a supervised assistance event175 conducted pursuant to Code Section 21-2-382.1 occurs for such e lection or run-off176 election, no more than two official poll watchers for each supervised assistance event, to177 be selected by the appropriate party or body executive committe e. Each independent178 candidate shall be entitled to designate one poll watcher for each supervised assistance179 event. In addition, candidates running in a nonpartisan electi on shall be entitled to180 designate one poll watcher for each supervised assistance event. Each poll watcher shall181 be given a letter signed by the appropriate political party or body chairperson and182 secretary, if a party or body designates same, or by the indepe ndent or nonpartisan183 candidate, if named by the independent or nonpartisan candidate . Such letter shall184 contain the following information: name of official poll watche r, address, location in185 which he or she shall serve, and date of election or run-off election. At least three days186 prior to the supervised assistance event, a copy of the letter shall be delivered to the187 superintendent and the chief registrar of the county or municip ality in which the poll188 watcher is to serve.189 (c) In counties or municipalities using direct recording electronic (DRE) voting systems190 or optical scanning voting systems, each political party may appoint two poll watchers in191 each primary or election, each political body may appoint two p oll watchers in each192 election, each nonpartisan candidate may appoint one poll watch er in each nonpartisan193 election, and each independent candidate may appoint one poll watcher in each election to194 serve in the locations designated by the superintendent within the tabulating center. Such195 designated locations shall include the check-in area, the compu ter room, the duplication196 S. B. 270 - 8 - 25 LC 47 3445 area, and such other areas that tabulation processes are taking place, including, but not197 limited to, adjudication of provisional ballots, closing of adv ance voting equipment, the198 verification and processing of absentee ballots, memory card tr ansfers, or election199 reconciliation processes as the superintendent may deem necessary to the assurance of fair200 and honest procedures in the tabulating center. The locations designated by the201 superintendent shall ensure that each poll watcher can fairly o bserve the procedures set202 forth in this Code section. The poll watchers provided for in this subsection shall be203 appointed and serve in the same manner as other poll watchers."204 SECTION 6.205 Said chapter is further amended by adding a new Code section to read as follows:206 "21-2-493.1.207 (a) For each primary, election, or runoff, at the conclusion of the computation and208 canvassing of the returns provided for in subsection (a) of Cod e Section 21-2-493, the209 election superintendent shall prepare a report indicating the vote totals, by precinct, for all210 contests on the ballot; provided, however, that such report nee d not include information211 from:212 (1) Absentee ballots cases pursuant to the federal Uniformed a nd Overseas Citizens213 Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended;214 (2) Provisional ballots; or215 (3) Any ballots requiring adjudication.216 (b) As s oon as possible but not later than 11:59 P.M. following the con clusion of the217 computation and canvassing of the returns provided for in subse ction (a) of Code218 Section 21-2-493, the election superintendent shall ensure that a copy of such report is219 posted on the public website maintained by the county or munici pality, if such public220 website exists. If no such public website exists, such report must be posted in a public221 place that is accessible 24 hours a day to the public."222 S. B. 270 - 9 - 25 LC 47 3445 SECTION 7.223 This Act shall become effective on July 1, 2025.224 SECTION 8.225 All laws and parts of laws in conflict with this Act are repealed.226 S. B. 270 - 10 -