---
title: HB 1108. Elections; state-wide uniform system of voting equipment; revise provisions
collection: bills
id: 2025-2026/hb1108
cite_as: HB 1108, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1108
md_url: https://georgiacommons.org/bills/2025-2026/hb1108.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1108/text
source_url: https://www.legis.ga.gov/legislation/72627
date: 2026-02-03
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb1107.md
next: https://georgiacommons.org/bills/2025-2026/hb1109.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1108.md?full=1
bill_number: HB 1108
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-01-29
last_action: House Second Readers
sponsors:
  - Charlice Byrd
  - Noelle Kahaian
  - Bill Fincher
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1108/2025
upstream_id: 2102319
summaries_model: claude-sonnet-5
topic_tags:
  - election equipment
  - voting machines
  - hand counted ballots
  - State Election Board
  - absentee ballots
---

# HB 1108. Elections; state-wide uniform system of voting equipment; revise provisions

## Text

House Bill 1108
By: Representatives Byrd of the 20th, Kahaian of the 81st, and Fincher of the 23rd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
elections and primaries generally, so as to revise provisions related to the state-wide uniform
system of voting equipment; to transfer responsibility for the certification and selection of
such system from the Secretary of State to the State Election Board; to provide that such
system shall use hand marked and hand counted paper ballots; to provide for the use of ballot
marking devices by voters precluded from using hand marked ballots; to provide for the use
of the same equipment in municipal elections; to make conforming changes to provisions
related to scanning absentee ballots; to provide for related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and
primaries generally, is amended by revising Code Section 21-2-300, relating to provision of
new voting equipment by state, uniform system using ballot scanners, pilot programs, county
obligations, and use of physical ballots, as follows:
"21-2-300.
(a)(1) The equipment used for casting and counting votes in county, state, and federal
elections shall be the same in each county in this state and shall be provided to each
county by the state, as determined by the <del>Secretary of</del> State <ins>Election Board.
</ins> (2) As soon as possible, once such equipment is certified by the <del>Secretary of</del> State
<ins>Election Board</ins> as safe and practicable for use, all federal, state, and county general
primaries and general elections as well as special primaries and special elections in the
State of Georgia shall be conducted with the use of <del>scanning</del> <ins>the same type of paper
</ins> ballots <del>marked by electronic ballot markers and tabulated by using ballot scanners for
voting at the polls and</del> <ins>used</ins> for absentee ballots <del>cast in person, unless otherwise
authorized by law; provided, however, that such electronic ballot markers shall produce
paper ballots which are marked with the elector's choices in a format readable by the
elector</del> <ins>provided for in subsection (a) of Code Section 21-2-283, hand marked by the
elector, and tabulated in a publicly recorded hand count occurring at the polling place
where such ballots were cast. Notwithstanding any other provisions of this Code section
to the contrary, each polling place shall also have available for use by electors with
disabilities, an electronic ballot marker that produces a paper ballot upon which such an
elector can mark his or her choices in a format understandable to such elector that
precludes the use of a hand marked paper ballot. Such electronic ballot markers shall also
be certified by the State Election Board as safe and practicable for use for elections held
in this state.
</ins> (3) The state shall furnish a uniform system <del>of electronic ballot markers and ballot
scanners</del> <ins>and method to mark and count ballots</ins> for use in each county as soon as possible,
<ins>provided that all such tabulation, result publication, and voter authentication equipment
is incapable of being accessed remotely and is procured from an American owned
corporation; uses hardware, software, firmware, and components that are all made in
America; and is developed and maintained exclusively by American citizens.</ins> <del>Such
</del>
<del>equipment shall be certified by the United States Election Assistance Commission prior
to purchase, lease, or acquisition.</del> At its own expense, the governing authority of a
county may purchase, lease, or otherwise acquire additional <del>electronic ballot markers and
ballot scanners</del> <ins>voting equipment</ins> of the type furnished by the state, if the governing
authority so desires. Additionally, at its own expense, the governing authority of a
municipality may choose to acquire its own <del>electronic ballot markers and ballot scanners
by purchase, lease, or other procurement process</del> <ins>voting equipment as furnished by the
state.
</ins> (4) Notwithstanding any provision of law to the contrary, the <del>Secretary of</del> State <ins>Election
Board</ins> is authorized to conduct pilot programs to test and evaluate the use of <del>electronic
ballot markers and ballot scanners</del> <ins>hand marked and counted paper ballots</ins> in primaries
and elections in this state.
(b) Each county shall, prior to being provided with voting equipment by the state, provide
polling places that are adequate for the operation of such equipment, including, if
necessary, the placement within the polling places of a sufficient number of electrical
outlets and telephone lines.
(c) Each county shall, prior to being provided with voting equipment by the state, provide
or contract for adequate technical support for the installation, set up, and operation of such
voting equipment for each primary, election, and special primary and special election as
the <del>Secretary of</del> State <ins>Election Board</ins> shall determine by rule or regulation.
(d) The <del>Secretary of</del> State <ins>Election Board</ins> shall be responsible for the development,
implementation, and provision of a continuing program to educate voters, election officials,
and poll workers in the proper use of such voting equipment. Each county shall bear the
costs, including transportation, subsistence, and lodging, incurred by its election and
registration officials in attending courses taught by or arranged by the <del>Secretary of</del> State
<ins>Election Board</ins> for instruction in the use of the voting equipment.
(e)(1) Counties shall be authorized to contract with municipal governments for the use
of such voting equipment in municipal elections under terms and conditions specified by
the <del>Secretary of</del> State <ins>Election Board</ins> to assure that the equipment is properly used and
kept secure.
(2) Notwithstanding the provisions of Code Section 21-2-45, counties may not levy a fee
for use of state owned voting equipment but may require municipalities to reimburse the
county for the actual expenses related to the election or elections that are subject to the
county and municipal contract.
<del>(f)(1) Notwithstanding any provision of this Code section to the contrary, provided that
the county election superintendent has petitioned and received the approval of the State
Election Board at least 10 days prior to the beginning of advance voting, in any election
with less than 5,000 registered electors, such superintendent may provide the electors
physical ballots on the same type of ballot that is used for absentee ballots pursuant to
subsection (a) of Code Section 21-2-383 and allow electors to mark their ballot using a
pen, pencil, or similar non-electronic writing tool as an alternative to using electronic
ballot marking devices.
(2) Such physical ballots may only be used to conduct:
(A) Special primaries, special elections, or runoffs thereof for county offices; or
(B) Special elections to present a question to the voters of a county.
Furthermore, such primary, special primary, election, or special election shall occur
independently and apart from a presidential preference primary, state-wide general
primary, state-wide special primary, state-wide general election, or state-wide special
election."
</del> SECTION 2.
Said chapter is further amended in Code Section 21-2-386, relating to procedures regarding
absentee ballots, by revising subsection (g) as follows:
"(g) Notwithstanding any other provision of law to the contrary, <del>including, but not limited
to, the certification requirement in paragraph (3) of subsection (a) of Code Section
21-2-300,</del> all absentee ballots tabulated pursuant to this Code section shall be scanned so
that there is a digital image of each such ballot. All such scans shall have a resolution of
no less than 600 dots per inch, or the highest resolution possible within the certified voting
system. All such scans shall be posted and maintained by the program provided for in
subsection (j.1) of Code Section 21-2-493."
SECTION 3.
This Act shall become effective on January 1, 2027.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 1108 would move control over Georgia's statewide voting system from the Secretary of State to the State Election Board and switch elections to hand marked, hand counted paper ballots, with ballot marking devices kept only for voters who cannot use a hand marked ballot.

### Plain-language summary

Georgia currently uses electronic ballot markers and ballot scanners chosen and certified by the Secretary of State to run elections. House Bill 1108 would take that certification and equipment-selection authority away from the Secretary of State and give it to the State Election Board. It would also change how ballots are cast and counted: instead of ballots marked by electronic machines and tabulated by scanners, voters would mark paper ballots by hand and those ballots would be counted in a publicly recorded hand count at the polling place.
Electors with disabilities who cannot use a hand marked ballot would still have access to an electronic ballot marker that produces a paper ballot, and that device would also need State Election Board certification. The bill requires any tabulation, result publication, or authentication equipment to be incapable of remote access and made and maintained entirely by American-owned companies and citizens. It also removes an existing option letting small counties use pen-and-paper ballots for certain low-turnout special elections, and it makes a conforming change to absentee ballot scanning rules. The changes would take effect January 1, 2027.

### What it does

- Transfers authority to certify and select the statewide voting equipment system from the Secretary of State to the State Election Board.
- Requires elections to use hand marked paper ballots that are counted in a publicly recorded hand count at the polling place, replacing electronic ballot marking and scanner tabulation.
- Requires each polling place to keep an electronic ballot marker available only for electors with disabilities who cannot use a hand marked ballot.
- Requires all vote tabulation, result publication, and voter authentication equipment to be incapable of remote access and made by American owned companies using components made and maintained by American citizens.
- Removes the existing option that let counties with fewer than 5,000 registered electors use pen-marked paper ballots for certain special elections and special primaries.
- Removes the requirement that voting equipment be certified by the U.S. Election Assistance Commission before purchase, lease, or acquisition.

### Who it affects

County election officials and superintendents, the Secretary of State's office, the State Election Board, voters casting ballots at the polls or absentee, voters with disabilities who use ballot marking devices, municipalities that contract with counties to use state voting equipment, and companies that manufacture or maintain voting equipment.

### Why it matters

Georgians would vote using hand marked paper ballots counted by hand at the polls instead of electronic ballot markers and scanners, changing how quickly and by whom results are tallied. Oversight of equipment certification would shift to the State Election Board, and equipment sourcing rules would tighten to require domestic ownership and staffing.

### Key provisions

- Section 1 revises O.C.G.A. § 21-2-300 to shift certification and selection authority for the statewide voting system from the Secretary of State to the State Election Board.
- Section 1 requires ballots to be hand marked by the elector and counted in a publicly recorded hand count at the polling place, rather than marked and scanned electronically.
- Section 1 requires each polling place to provide an electronic ballot marker for electors with disabilities, which must also be certified by the State Election Board.
- Section 1 requires all tabulation, result publication, and voter authentication equipment to be incapable of remote access and sourced from American owned corporations using components made and maintained by American citizens.
- Section 1 removes the prior authorization for the U.S. Election Assistance Commission certification requirement before equipment purchase.
- Section 1 repeals the existing option allowing counties with fewer than 5,000 registered electors to use pen-marked paper ballots for certain special elections, subject to State Election Board approval.
- Section 2 makes a conforming change to O.C.G.A. § 21-2-386 concerning the scanning and digital imaging of absentee ballots.
- Section 3 sets the effective date of this Act as January 1, 2027.

## Status

- Status: Introduced (2026-01-29)
- Last action: House Second Readers (2026-02-03)
- Sponsors: Charlice Byrd, Noelle Kahaian, Bill Fincher
- Official page: https://www.legis.ga.gov/legislation/72627

> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1108.md?full=1
