HB 960: Gwinnett Judicial Circuit; superior courts; provide twelfth judge

The Senate Committee on Ethics offered the following

substitute to HB 960:

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 require that the list of eligible voters is posted and made public prior to each primary or election; to provide for civil fines in the event that registrars fail to remove a person from the list of registered voters following a successful challenge; to revise provisions related to the uniform system of election equipment to be used after July 1, 2026; to revise provisions related to ballot design; to provide that timing marks may be used on ballots to determine an elector's marked selections; to require the posting of a list of electors who cast ballots in an election upon the closing of the polls; to require the Secretary of State to maintain an archival database of such lists; to revise provisions related to data that must be posted with scanned ballots following the closing of the polls; to revise provisions related to certain recounts of votes; to revise provisions related to risk-limiting audits; to provide conforming changes; to provide for related matters; 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 in Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, official list of electors, and voting procedure when portion of county changed from one county to another, by revising subsection (f) as follows: "(f) The official list of electors eligible to vote in any primary or election shall be prepared and completed at least five calendar days prior to the date of the first day of advance voting as provided for in subsection (d) of Code Section 21-2-385 in a primary or election in which the list is to be used. On such fifth calendar day prior to the first day of advance voting, such list shall be deemed a public record subject to inspection and copying pursuant to Article 4 of Chapter 18 of Title 50."

SECTION 2.

Said chapter is further amended in Code Section 21-2-229, relating to challenge of applicant for registration by other electors, notice and hearing, right of appeal, and sanctions for board's noncompliance, by revising subsection (f) as follows:

"(f) Failure to comply with the provisions of this Code section by the board of registrars shall subject such board to sanctions by the State Election Board, including civil fines of up to $100.00 per registration not properly removed."

SECTION 3.

Said chapter is further amended in Code Section 21-2-230, relating to challenge of persons on list of electors by other electors, procedure, hearing, and right of appeal, by revising subsection (j) as follows:

"(j) Failure to comply with the provisions of this Code section by the board of registrars shall subject such board to sanctions by the State Election Board, including civil fines of up to $100.00 per registration not properly removed."

SECTION 4.

Said chapter is further amended in 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, by revising subsection (a) as follows: "(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 Secretary of State.

(2) Once As soon as possible, once such equipment is certified by the Secretary of State 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 occurring after July 1, 2026, shall be conducted with the use of scanning ballots marked by electronic ballot markers and an optical scanning voting system utilizing preprinted, hand marked paper ballots. Ballots shall be tabulated by using ballot scanners with activated infrared detectors to detect counterfeit ballots and to create scanned images of tabulated ballots for voting at the polls and for absentee ballots cast in person, unless otherwise authorized by law; provided, however, that electronic ballot markers shall be available and accessible at each polling place and advance voting location for individuals with disabilities and that any such electronic ballot markers shall produce paper ballots which are marked with the elector's choices in a format readable by the elector.

(3) The state shall furnish a uniform system of election equipment for use in each county. Additionally, the state shall furnish a uniform system of electronic ballot markers and ballot scanners in sufficient numbers to comply with Code Section 21-2-379.21 for use in each county as soon as possible. Such equipment shall be certified by the United States Election Assistance Commission prior to purchase, lease, or acquisition. At its own expense, the governing authority of a county may purchase, lease, or otherwise acquire additional electronic ballot markers optical scanning voting system equipment and ballot scanners 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 electronic ballot markers optical scanning voting system equipment and ballot scanners by purchase, lease, or other procurement process.

(4) Notwithstanding any provision of law to the contrary, the Secretary of State is authorized to conduct pilot programs to test and evaluate the use of electronic ballot markers and ballot scanners in primaries and elections in this state."

SECTION 5.

Said chapter is further amended in Code Section 21-2-369, relating to printing of ballots and arrangement, by revising subsection (a) as follows:

"(a) The ballots shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the ballot scanner, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used except that all ovals appearing on the ballot to indicate where a voter should mark to cast a vote may be printed in red ink."

SECTION 6.

Said chapter is further amended by revising Code Section 21-2-372, relating to ballot description and watermark required, as follows:

"21-2-372.

Ballots shall be of suitable design, size, and stock to permit processing by a ballot scanner and shall be printed in black ink on clear, white, or colored material. Printed ballots shall also include a solid unique line connecting a candidate's name or ballot question answer with the selection oval relating to such candidate or answer. Other than ballots delivered electronically to qualified electors who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et seq., the ballots shall be printed on security paper that incorporates features which can be used to authenticate the ballot as an official ballot, including, but not limited, to a unique serialized ballot batch identifier number in batches of 100, but which do not make the ballot identifiable to a particular elector, provided that at least one such feature is a visible watermark that identifies the ballot as an official Georgia ballot."

SECTION 7.

Said chapter is further amended in Code Section 21-2-379.23, relating to requirements for ballot display and official ballot for vote tabulation, recount, and audit, as effective on July 1, 2026, by revising subsection (d) as follows:

"(d) The text portion of the paper ballot marked and by the elector or printed by the electronic ballot marker indicating the elector's selection shall constitute the official ballot and shall constitute the official vote for purposes of vote tabulation, any recount conducted pursuant to Code Section 21-2-495, and any audit conducted pursuant to Code Section 21-2-498. The official tabulation count of any ballot scanner shall be based upon the text portion or the machine mark, provided that such mark clearly denotes the elector's selection and does not use a QR code, bar code, or similar coding, of such ballots and not any machine coding that may be printed on such ballots; provided, however, that nothing in this chapter shall be deemed to prohibit or prevent the use of timing marks by optical scanning voting systems to determine the elector's marked selection."

SECTION 8.

Said chapter is further amended in Code Section 21-2-383, relating to preparation and delivery of ballots, form of ballots, casting ballot in person using DRE unit, and casting ballot in person or as absentee using electronic ballot markers, by adding a new subsection to read as follows:

"(d) Notwithstanding any other provision of this Code section to the contrary, in jurisdictions in which an optical scanning voting system with ballot scanners is used in polling places on election day, such scanners shall be used for casting absentee ballots in person at a registrar's or absentee ballot clerk's office or in accordance with subsection (d) of Code Section 21-2-385."

SECTION 9.

Said chapter is further amended by revising Code Section 21-2-421, relating to posting of required information after closing of polls and reporting to Secretary of State, as follows:

"21-2-421.

(a) As soon as possible but not later than 11:59 P.M. following the close of the polls on the day of a primary, election, or runoff, the election superintendent shall report to the Secretary of State and post in a prominent public place the Secretary shall post on the Secretary's website the following information:

(1) The number of ballots cast at the polls on the day of the primary, election, or runoff, including provisional ballots cast;

(2) The number of ballots cast at advance voting locations during the advance voting period for the primary, election, or runoff; and

(3) The total number of absentee ballots returned to the board of registrars by the deadline to receive such absentee ballots on the day of the primary, election, or runoff; and

(4) An enumerated list of electors who cast ballots during such primary, election, or runoff.

(b) Upon the completion of the report provided for in subsection (a) of this Code section, the election superintendent shall compare the total number of ballots received as reported in subsection (a) of this Code section and the counting of the ballots in the primary, election, or runoff minus any rejected and uncured absentee ballots, uncounted provisional ballots, and any other uncounted ballots, with the total number of ballots cast in the primary, election, or runoff. The results of such comparison and all explanatory materials shall be reported to the Secretary of State. The reason for any discrepancy shall be fully investigated and reported to the Secretary of State.

(c) The Secretary of State shall maintain an archival database of the lists of electors required by paragraph (4) of subsection (a) of this Code section, and such lists shall be added to such database within one hour of being received and shall remain unchanged once placed in such database."

SECTION 10.

Said chapter is further amended by revising Code Section 21-2-481, relating to design, size, and stock of ballots, as follows:

"21-2-481.

Ballots in a precinct using optical scanning voting equipment shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on white or colored material. A serially numbered strip shall be attached to each ballot to be counted by a central count tabulator in the same form as required by Code Section 21-2-372."

SECTION 11.

Said chapter is further amended in Code Section 21-2-493, relating to computation, canvassing, and tabulation of returns, investigation of discrepancies in vote counts, recount procedure, posting of digital images of scanned paper ballots, certification of returns, and change in returns, by revising subsections (c), (e), (g), (j.1), and (j.2) as follows: "(c) In precincts in which paper ballots or optical scanning voting systems have been used, the superintendent may require the production of the ballot box and the recount of the ballots contained in such ballot box, either generally or respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the superintendent, and may require the correction of the returns in accordance with the result of such recount. If the ballot box is found to contain more ballots than there are electors registered in such precinct or more ballots than the number of voters who voted in such precinct at such primary or election, the superintendent may, in his or her discretion, exclude the poll of that precinct, either as to all offices, candidates, questions, or parties and bodies or as to any particular offices, candidates, questions, or parties and bodies, as to which such excess exists."

"(e) In precincts in which paper ballots or optical scanning voting systems have been used, the general returns made by the poll officers from the various precincts shall be read one after another in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a precinct in which ballots were used, read therefrom the number of ballots issued, spoiled, canceled, and cast, respectively, whereupon the assistant having charge of the records of the superintendent showing the number of ballots furnished for each precinct, including the number of stubs, where used, and unused ballots and spoiled and canceled ballots returned, shall publicly announce the number of the same respectively; and, unless it appears by such number or calculations therefrom that such records and such general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the superintendent." "(g) In precincts in which paper ballots or optical scanning voting systems have been used, when the records agree with such returns regarding the number of ballots and the number of votes recorded for each candidate, such votes for each candidate shall be read by an assistant slowly, audibly, and in an orderly manner from the general return which has been returned unsealed; and the figures announced shall be compared by other assistants with the general return which has been returned sealed. The figures announced for all precincts shall be compared by one of the assistants with the tally papers from the respective precincts. If any discrepancies are discovered, the superintendent shall examine all of the return sheets, tally papers, and other papers in his or her possession relating to the same precinct. If the tally papers and sealed general return sheet agree, the unsealed general return shall be immediately corrected to conform thereto. In every other case the superintendent shall immediately cause the ballot box of the precinct to be opened and the vote therein to be recounted in the presence of interested candidates or their representatives; and, if the recount shall not be sufficient to correct the error, the superintendent may summon the poll officers to appear immediately with all election papers in their possession."

"(j.1) The Secretary of State shall create and maintain a state-wide program for the posting of digital images of the scanned paper ballots created by the voting system. All such scans shall have a resolution of no less than 200 dots per inch. Such posted scans shall include the authentication files for such scans, and such scans shall be posted by precinct for each county. Digital images of the scanned ballots created as part of the preliminary tabulation process, cast vote records, security logs, and system log files of central tabulators shall be posted no later than 5:00 P.M. on the second Friday following the day of the election, and such postings shall be supplemented by the posting of any additional ballot images created in the tabulation process through final certification of such election. (j.2)(1) In On or after January 1, 2025, in the event that a superintendent receives a request pursuant to Code Section 50-18-71 for scanned ballot images at a resolution higher than the ballot images available from the Secretary of State pursuant to subsection (j.1) of this Code section, and such request is received following the final certification of the results of the election in which such ballots were created, the superintendent shall, consistent with Code Section 50-18-71, produce digital scans of the requested ballots at a resolution of no less than 600 dots per inch and deliver such scans to the requestor; provided, however, that the superintendent shall not be authorized to charge any fee authorized by Code Section 50-18-71 for such request. A person making a request pursuant to this subsection may observe the scanning and related handling process, but under no circumstances shall anyone other than an authorized election official touch or handle a physical ballot. In no event shall the superintendent take more than 30 days from the date of request to deliver such request to the requestor.

(2) Notwithstanding any seal provided for by Code Section 21-2-500, a superintendent shall have access to the ballots cast within its jurisdiction so as to comply with the provisions of this subsection. Upon receiving a request pursuant to this subsection, the superintendent shall notify the clerk of the superior court or, if designated by the clerk of the superior court, the county records manager or other office or official under the jurisdiction of a county governing authority which maintains or is responsible for maintaining such sealed ballots, and such official or office that maintains such requested ballot shall provide the superintendent access to such ballot without the need for obtaining a court order. All ballots provided to a superintendent pursuant to this paragraph shall be immediately returned by such superintendent to the official or office that maintains such ballots upon the scanning of such ballot."

SECTION 12.

Said chapter is further amended in Code Section 21-2-495, relating to procedure for recount or recanvass of votes, losing candidate's right to a recount, and rules and regulations, by revising subsection (c) and adding a new subsection to read as follows: "(c)(1) Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a run-off primary or election and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a runoff shall be not more than one-half of 1 1 percent of the total votes which were cast for such office therein, any such candidate or candidates receiving a sufficient number of votes so that the difference between his or her vote and that of a candidate declared nominated, elected, or eligible for a runoff is not more than one-half of 1 1 percent of the total votes cast, within a period of two business days following the certification of the election results, shall have the right to a recount of the votes cast, if such request is made in writing by the losing candidate. If the office sought is a federal or state office voted upon by the electors of more than one county, the request shall be made to the Secretary of State who shall direct that the recount be performed in all counties in which electors voted for such office and notify the superintendents of the several counties involved of the request. In all other cases, the request shall be made to the superintendent. The superintendent or superintendents shall order a recount of such votes to be made immediately. If, upon such recount, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent, the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified.

(2) Whenever the difference between the number of votes for approval or rejection of a constitutional amendment or binding referendum question shall be not more than one-half of 1 1 percent of the total votes which were cast on such amendment or question therein, within a period of two business days following the certification of the election results, the Constitutional Amendments Publication Board shall be authorized in its discretion to call for a recount of the votes cast with regard to such amendment or question. In the case of a constitutional amendment or state-wide referendum question or a question voted upon by the electors of more than one county, the board shall direct the Secretary of State to cause a recount to be performed with regard to such amendment or question in all counties involved and notify the superintendents of the recount. In the case of questions voted upon by the electors of only one county or municipality, the board shall direct the Secretary of State to cause a recount to be conducted by the county or municipality involved and the Secretary of State shall notify the superintendent involved of the recount. Upon notification, the superintendent or superintendents shall order a recount of such votes to be made immediately. If, upon such recount, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent, the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified.

(3) Any recount pursuant to this subsection shall be conducted using a manual hand count of all ballots cast in such primary or election."

"(d.1) Any other provision of this Code section to the contrary notwithstanding, within a period of two business days following the certification of the election results, local election superintendents shall initiate a manual recount of all votes casts in any election, special election, election runoff, special election runoff, primary, special primary, primary runoff, or special primary runoff on the following contests, if any such contest is on the ballot: presidential, United States Senator, United States Representative, Governor, Lieutenant Governor, Secretary of State, and Attorney General."

SECTION 13.

Said chapter is further amended in Code Section 21-2-498, relating to precertification tabulation audits and risk-limiting audits, by revising subsection (e) as follows: "(e) The State Election Board shall be responsible for overseeing the administration of this Code section by election superintendents and shall be authorized to promulgate rules, regulations, and procedures to implement and administer the provisions of this Code section. The procedures prescribed by the State Election Board shall include security procedures to ensure that collection of validly cast ballots is complete, accurate, and trustworthy throughout the audit. The Secretary of State shall have no role in conducting, overseeing, or administering the provisions of this Code section, unless requested by the State Election Board."

SECTION 14.

All laws and parts of laws in conflict with this Act are repealed.