SB377: SB377 Elections and Primaries; curbside voting for certain voters who because of disability or age cannot enter a polling place or are unable to wait in line to vote; authorize

25 LC 47 3718 Senate Bill 377 By: Senators Burns of the 23rd, Williams of the 25th, Jones II of the 22nd, Hickman of the 4th, Harrell of the 40th 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 authorize curbside voting for certain voters who2 because of disability or age cannot enter a polling place or are unable to wait in line to vote;3 to provide procedures for form, collection, and tabulation of b allots for such electors; to4 provide for a pilot program; to revise reporting provisions to reference such ballots; to5 provide for related matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and9 primaries generally, is amended by adding a new Code section to read as follows:10 "21-2-409.2.11 (a) Notwithstanding any other provision of Code Section 21-2-3 00 to the contrary, and12 except as otherwise provided by subsection (d) of Code Section 21-2-418, any elector who13 because of disability or age:14 (1) Cannot enter the polling place; or15 (2) Is unable to wait in line to vote16 S. B. 377 - 1 - 25 LC 47 3718 shall be entitled to cast a physical ballot pursuant to this Code section so as to vote outside17 of such polling place in the closest available parking area, which shall be designated and18 clearly marked, utilizing the vehicle in which such elector has been driven or has driven19 to the polling place; provided, however, that such elector's na me appears on the list of20 registered electors and he or she has presented proper identifi cation pursuant to Code21 Section 21-2-417.22 (b) When the poll manager at a precinct is informed that a dis abled elector who cannot23 enter the polling place or cannot wait in line to vote is exercising his or her right to cast a24 ballot while remaining in his or her vehicle pursuant to subsection (a) of this Code section,25 the poll manager or a poll worker shall request to review such elector's proper identification26 as required by subsection (a) of Code Section 21-2-417. Upon verification of the elector's27 eligibility, at least two poll workers shall take a physical voter's certificate and ballot to the28 elector in the vehicle in the designated area outside the polli ng place. The poll manager29 shall notify any poll watchers present at such precinct that a ballot will be cast pursuant to30 subsection (a) of this Code section, and such poll watchers may , at their discretion,31 accompany the poll workers as observers.32 (c) No person other than the elector shall be in the vehicle in which the elector is casting33 his or her ballot unless the elector is entitled to assistance pursuant to subsection (a) of34 Code Section 21-2-409.35 (d)(1) An elector qualified pursuant to subsection (a) of this Code section to cast a36 physical ballot while remaining within his or her vehicle shall cast such ballot on the37 same type of ballot that is used for absentee ballots pursuant to subsection (a) of Code38 Section 21-2-383.39 (2) Upon the elector hand marking the ballot provided for in p aragraph (1) of this40 subsection, such ballot shall not be sealed in the envelopes provided for in Code Section41 21-2-384, but shall be folded so that the secrecy of the ballot is preserved and the elector42 shall then return such folded ballot to the poll worker waiting outside the vehicle. The43 S. B. 377 - 2 - 25 LC 47 3718 poll worker shall immediately carry such ballot inside the precinct and deposit the ballot44 in a secure, sealed ballot box maintained for such ballots.45 (e) Upon the closing of the polls and the last elector voting, ballots cast pursuant to this46 Code section shall be tabulated at the precinct in the same man ner provided for in Code47 Section 21-2-483.48 (f) The election superintendent shall provide at each polling place:49 (1) Sufficient physical ballots, voter certificates, ballot bo xes, and other necessary50 equipment so as to allow electors opting to cast a ballot pursuant to this Code section the51 ability to cast such ballot in secrecy;52 (2) Sufficient equipment for the counting and tabulation of any ballots cast pursuant to53 this Code section; and54 (3) Designated areas for vehicles used to cast a ballot pursuant to this Code section with55 clearly marked signage indicating such voting area.56 (g) Notwithstanding any other provision of this Code section or other law to the contrary,57 the Secretary of State shall conduct on the Tuesday following t he first Monday in58 November, 2025, as part of either the state-wide special genera l election or the general59 municipal election, a pilot program to test and evaluate the us e of curbside voting in60 primaries and elections in this state. The Secretary of State shall review the results of such61 pilot program and, within 90 days following such election date, shall provide the standing62 committees of each house of the General Assembly tasked with el ection matters a63 comprehensive report on the pilot program."64 SECTION 2.65 Said chapter is further amended by revising Code Section 21-2-420, relating to procedure for66 counting and tabulation of ballots, as follows:67 S. B. 377 - 3 - 25 LC 47 3718 "21-2-420.68 (a) After the time for the closing of the polls and the last elector voting, the poll officials69 in each precinct shall complete the required accounting and related documentation for the70 precinct and shall advise the election superintendent of the total number of ballots cast at71 such precinct, the total number of ballots cast pursuant to Code Section 21-2-409.2, and the72 total number of provisional ballots cast. The chief manager an d at least one assistant73 manager shall post a copy of the tabulated results for the prec inct on the door of the74 precinct and then immediately deliver all required documentation and election materials75 to the election superintendent. The election superintendent sh all then ensure that such76 ballots are processed, counted, and tabulated as soon as possible and shall not cease such77 count and tabulation until all such ballots are counted and tabulated.78 (b) The election superintendent shall ensure that each precinc t notifies the election79 superintendent of the number of ballots cast, the number of ballots cast pursuant to Code80 Section 21-2-409.2, and the number of provisional ballots cast as soon as possible after the81 time for the closing of the polls and the last elector votes. The election superintendent shall82 post such information publicly. The State Election Board shall promulgate rules and83 regulations regarding how such information shall be publicly po sted to ensure84 transparency, accuracy, and security."85 SECTION 3.86 All laws and parts of laws in conflict with this Act are repealed.87 S. B. 377 - 4 -