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 <del>date of the</del> <ins>first day of advance voting
as provided for in subsection (d) of Code Section 21-2-385 in a</ins> primary or election in
which the list is to be used. <ins>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."
</ins> 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, <ins>including civil fines of
up to $100.00 per registration not properly removed."
</ins> 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, <ins>including civil fines of
up to $100.00 per registration not properly removed."
</ins>
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) <ins>Once</ins> <del>As soon as possible, once</del> 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
<ins>occurring after July 1, 2026,</ins> shall be conducted with the use of <del>scanning ballots marked
by electronic ballot markers and</del> <ins>an optical scanning voting system utilizing preprinted,
hand marked paper ballots. Ballots shall be</ins> tabulated by using ballot scanners <ins>with
activated infrared detectors to detect counterfeit ballots and to create scanned images of
tabulated ballots</ins> for voting at the polls and for absentee ballots cast in person, unless
otherwise authorized by law; provided, however, that <ins>electronic ballot markers shall be
available and accessible at each polling place and advance voting location for individuals
with disabilities and that any</ins> 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 <ins>election equipment for use in each county.
Additionally, the state shall furnish a uniform system of</ins> electronic ballot markers <del>and
ballot scanners</del> <ins>in sufficient numbers to comply with Code Section 21-2-379.21</ins> 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 <del>electronic ballot markers</del> <ins>optical scanning voting system equipment
</ins> 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 <del>electronic ballot markers</del> <ins>optical scanning voting system
equipment</ins> and ballot scanners by purchase, lease, or other procurement process.
<del>(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."
</del> 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 <del>clear,</del> white, <del>or colored</del> 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; <del>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."
</del> 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 <del>clear,</del> white, <del>or colored</del> material. <ins>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.</ins> 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, <ins>including, but not limited, to a unique
serialized ballot batch identifier number in batches of 100,</ins> 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 <del>and</del> 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; <ins>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."
</ins> 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:
<ins>"(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
</ins>
<ins>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."
</ins> 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 <del>post in a prominent public place</del> <ins>the Secretary shall post on the
Secretary's website</ins> 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; <del>and
</del> (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;
<ins>and
(4) An enumerated list of electors who cast ballots during such primary, election, or
runoff.
</ins> (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.
<ins>(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."
</ins> 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 <del>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</del> <ins>in the same form as required by Code
Section 21-2-372."
</ins> 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 <ins>or optical scanning voting systems</ins> 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 <ins>or optical scanning voting systems</ins> 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, <ins>where used,</ins> 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 <ins>or optical scanning voting systems</ins> 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. <ins>Such posted scans shall include
the authentication files for such scans, and such scans shall be posted by precinct for each
county.</ins> Digital images of the scanned ballots created as part of the preliminary tabulation
process, <ins>cast vote records, security logs, and system log files of central tabulators</ins> 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) <ins>In</ins> <del>On or after January 1, 2025, in</del> 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; <ins>provided, however, that the superintendent shall not be authorized to
charge any fee authorized by Code Section 50-18-71 for such request.</ins> 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. <ins>In no event shall the superintendent take more
than 30 days from the date of request to deliver such request to the requestor.
</ins> (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 <del>one-half of 1</del> <ins>1</ins> 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 <del>one-half of 1</del> <ins>1</ins> 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 <del>one-half
of 1</del> <ins>1</ins> 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.
<ins>(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."
</ins> 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 <ins>shall be responsible for overseeing the administration of this
Code section by election superintendents and</ins> 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. <ins>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."
</ins> SECTION 14.
All laws and parts of laws in conflict with this Act are repealed.