---
title: SB 214. Elections and Primaries; electors to cast physical absentee on-request ballots as an alternative to using other authorized means of casting in-person votes; authorize
collection: bills
id: 2025-2026/sb214
cite_as: SB 214, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb214
md_url: https://georgiacommons.org/bills/2025-2026/sb214.md
text_url: https://georgiacommons.org/bills/2025-2026/sb214/text
source_url: https://www.legis.ga.gov/legislation/70548
date: 2026-04-02
status: engrossed
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
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omitted: votes and history
omitted_chars: 1154
omitted_url: https://georgiacommons.org/bills/2025-2026/sb214.md?full=1
bill_number: SB 214
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-04-02
last_action: House Passed/Adopted By Substitute
sponsors:
  - Max Burns
  - Ricky Williams
  - Colton Moore
  - Marty Harbin
  - Steve Gooch
  - Sam Watson
  - Victor Anderson
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB214/2025
upstream_id: 1976359
summaries_model: claude-sonnet-5
topic_tags:
  - voting equipment
  - election administration
  - paper ballots
  - voter accessibility
  - election recounts
---

# SB 214. Elections and Primaries; electors to cast physical absentee on-request ballots as an alternative to using other authorized means of casting in-person votes; authorize

## Text

The House Committee on Rules offers the following substitute to SB 214:
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 so as to provide for the provision by the state of new
voting equipment as of January 1, 2028, that may include hand marked paper ballots; to
provide for ballot on demand printing; to revise and provide for definitions; to provide for
the design, review, and record keeping of ballots printed by ballot on demand printing
equipment; to provide for storage, programming, testing, and custody of ballot on demand
printing equipment; to provide that a certain number of electronic ballot marking devices are
ready for use at each election day and advance voting location for voters with disabilities;
to provide for provisions related to official ballot for vote tabulation of optical scanned
ballots; to provide for preferential treatment during advance voting to certain voters
accompanied by children two years of age or younger; to revise provisions related to certain
voters who need assistance; to provide for preferential treatment during certain hours on
election day to certain voters accompanied by children two years of age or younger; to revise
provisions related to certain voters who need assistance; to provide that ballot scanners at
precincts and at advance voting locations be programmed to reject ballots with overvotes to
allow for electors to review their overvoted ballot prior to acceptance; to revise provisions
related to data that must be posted with scanned ballots following the closing of the polls; to
revise provisions related to the posting of certain digital images following an election; to
revise provisions related to a pilot program for auditing paper ballots; to revise provisions
related to certain recounts of votes; to making conforming changes; to revise provisions
related to certain offenses to include references to ballot on demand printing equipment; to
amend an Act relating to elections and primaries approved May 6, 2024 (Ga. L. 2024, p.
1028), SB 189, so as to revise an effective date; to provide for related matters; to provide
effective dates; 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 21-2-2, relating to definitions, by adding
new paragraphs to read as follows:
<ins>"(2.05) 'Ballot on demand printing' means a system that prints ballots for each ballot style
within a county or municipality."
"(8.1) 'Hand marked paper ballot' means a paper ballot that is manually completed by the
elector using a nonelectronic ballot marker."
</ins> SECTION 2.
Said chapter is further amended by revising Code Section 21-2-283, relating to printing and
safekeeping of ballots and labels by superintendent, as follows:
"21-2-283.
In any primary or election, the superintendent or municipal governing authority shall cause
all the ballots and ballot labels to be printed accurately and in the form prescribed by this
chapter, and the superintendent or municipal governing authority shall be responsible for
the safekeeping of the same while in his or her or its possession or that of his or her or its
agent. The superintendent or municipal governing authority shall keep a record of the
number of official ballots printed <ins>prior to the election</ins> and furnished to each precinct at each
primary and election and the number of stubs <ins>where used,</ins> unused ballots, <ins>spoiled,</ins> and
canceled ballots subsequently returned therefrom. <ins>The superintendent or municipal
governing authority shall keep a record of the number of official ballots created by ballot
on demand printing equipment at each primary or election and the number of stubs where
used, unused ballots, spoiled, and canceled ballots subsequently returned."
</ins> SECTION 3.
Said chapter is further amended in Code Section 21-2-283.1, relating to ballot proof check
and review procedures, by revising subsections (b) and (c) as follows:
"(b) In any primary, special primary, election, or special election <del>occurring after
January 1, 2025,</del> prior to the printing of the final official ballots, <ins>the final programming of
any ballot on demand printing equipment,</ins> or the final programming of the display of the
official ballot on electronic ballot markers pursuant to Code Section 21-2-379.25, the
superintendent shall check the ballot proof to ensure the accuracy of the official ballot by
verifying that:
(1) The ballots for each precinct contain the correct contests for the voters in that
precinct and no other contests;
(2) The ballots for each precinct contain the correct ballot questions for the voters in that
precinct and no other questions; and
(3) The name, political party or political body designation, incumbency status, and other
identifying information for each candidate appearing on such ballots are properly
displayed.
(c) After the superintendent has completed the ballot review and proofing procedures
provided for in subsection (b) of this Code section, and has made any needed corrections,
but before the ballots have been approved and sent to print, <ins>for final programming of any
ballot on demand printing,</ins> or for final programming pursuant to Code Section 21-2-379.25,
the superintendent shall make available the final set of approved ballot proofs, clearly
marked as ballot proofs, to any candidate appearing on the ballot, or such candidate's agent,
using at least one of the following procedures:
(1) By email, if the candidate has provided an email address at the time of qualifying; or
(2) By making physical copies available for review at the office of the superintendent
during normal business hours.
The ballot proof review procedures to be used in an election are at the sole discretion of the
superintendent."
SECTION 4.
Said chapter is further amended in Code Section 21-2-286, relating to printing specifications,
numbering, and binding of ballots, by revising paragraph (3) of subsection (b) as follows:
"(3) Ballots printed by an electronic ballot marker <ins>or ballot on demand printing
equipment</ins> shall be designed as prescribed by the Secretary of State to ensure ease of
reading by electors, provided that each ballot shall have the name and designation of the
precinct printed at the top."
SECTION 5.
Said chapter is further amended by revising Code Section 21-2-294, relating to responsibility
of superintendent for recording number of ballots furnished and number of stubs, unused
ballots, and canceled ballots returned, as follows:
"21-2-294.
The superintendent shall keep a record of the number of official ballots printed and
furnished to each precinct at each primary and election and of the number of stubs <ins>where
used,</ins> unused ballots, <ins>spoiled,</ins> and canceled ballots subsequently returned therefrom. <ins>The
superintendent shall keep a record of the number of official ballots created by ballot on
</ins>
<ins>demand printing equipment at each primary or election and the number of stubs where
used, unused ballots, spoiled, and canceled ballots subsequently returned."
</ins> SECTION 6.
Said chapter is further 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 Secretary of State.
(2) <del>As soon as possible, once</del> <ins>Once</ins> such equipment is certified by the Secretary of State
as safe and practicable for use, <ins>but no earlier than February 1, 2027,</ins> 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 December 31, 2027,</ins> shall be conducted
with the use of scanning ballots marked by electronic ballot markers <del>and</del> <ins>that do not print
QR codes or bar codes for use in tabulation or an optical scanning voting system utilizing
hand marked paper ballots and ballot on demand printing equipment. Ballots shall be
</ins> tabulated by using ballot scanners <ins>that also 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 that do not print QR codes or bar
codes for use in tabulation 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 <ins>system</ins> 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
as soon as possible after February 1, 2027. Additionally, if such uniform system uses
</ins>
<ins>optical scanning voting systems utilizing hand marked paper ballots and ballot on demand
printing 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. <del>Such equipment</del> <ins>Any electronic ballot markers and ballot
scanners</ins> 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 <ins>optical scanning voting system and
ballot on demand printing equipment,</ins> electronic ballot markers, 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
<ins>optical scanning voting system, ballot on demand printing equipment,</ins> electronic ballot
markers, and ballot scanners by purchase, lease, or other procurement process.
<ins>(3.1)(A) As of February 1, 2027, to assist the Secretary of State in certifying a new
uniform system of election equipment pursuant to this Code section, an advisory
committee shall be established and shall comprise the following members:
(i) Two electors of the state to be appointed by the Governor;
(ii) One member of the Senate to be appointed by the President of the Senate;
(iii) One member of the Senate to be appointed by the majority leader of the Senate;
(iv) One member of the Senate to be appointed by the minority leader of the Senate;
(v) One member of the House of Representatives to be appointed by the Speaker of
the House of Representatives;
(vi) One member of the House of Representatives to be appointed by the majority
leader of the House of Representatives;
(vii) One member of the House of Representatives to be appointed by the minority
leader of the House of Representatives;
(viii) One county election official to be appointed by the Secretary of State from a list
of at least five nominees, provided by the Georgia Association of Voter Registration
</ins>
<ins>and Election Officials, of county election officials from counties having 500,000 or
more registered electors;
(ix) One county election official to be appointed by the Secretary of State from a list
of at least five nominees, provided by the Georgia Association of Voter Registration
and Election Officials, of county election officials from counties other than those
provided for in division (viii) of this subparagraph; and
(x) An elector of the state to be appointed by the Secretary of State who is an expert
in cybersecurity.
(B) The Secretary of State shall be the chairperson of the advisory committee and shall
call and organize any meeting of the committee; provided, however, that a meeting may
also be called by seven members of the committee.
(C) This subsection shall stand repealed on July 1, 2029.
</ins> (4) Notwithstanding any provision of law to the contrary, <ins>as of February 1, 2027,</ins> the
Secretary of State is authorized to conduct pilot programs to test and evaluate the use of
<ins>an optical scanning voting system, ballot on demand printing equipment,</ins> electronic ballot
markers, and ballot scanners 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 Secretary of State shall determine by rule or regulation.
(d) The Secretary of State 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 Secretary of State 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 Secretary of State 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 7.
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. 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 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 <ins>and another
such feature is a unique serialized ballot batch identifier number."
</ins> SECTION 8.
Said chapter is further amended by adding a new Code section to read as follows:
<ins>"21-2-374.1.
(a) The superintendent of each county or municipality shall cause the proper ballot designs
and styles to be programmed for ballot on demand printing equipment which is to be used
in any precinct within such county or municipality, shall cause such equipment to be placed
in proper order for voting, and shall examine such equipment before it is sent to a polling
place for use in a primary or election, to verify that such equipment produces proper
ballots.
(b) The superintendent of each county or municipality may appoint, with the approval of
the county or municipal governing authority, as appropriate, a custodian of ballot on
demand printing equipment, and deputy custodians as may be necessary, whose duty shall
be to prepare such equipment to be used in the county or municipality at the primaries and
</ins>
<ins>elections to be held therein. Each custodian and deputy custodian shall receive from the
county or municipality such compensation as shall be fixed by the governing authority of
such county or municipality. Such custodian shall, under the direction of such
superintendent, have charge of and shall represent the superintendent during the
preparation of the ballot on demand printing equipment as required by this chapter. Each
custodian and deputy custodian shall serve at the pleasure of such superintendent and each
shall take an oath of office prepared by the Secretary of State before each primary or
election, which shall be filed with the superintendent.
(c) On or before the third day preceding a primary or election, including special primaries,
special elections, and referendum elections, the superintendent of each county or
municipality shall have ballot on demand printing equipment tested to ensure that it
correctly produces a ballot as required by this chapter. Public notice of the time and place
of such test shall be made at least five days prior thereto. Such superintendent shall publish
such notice on the homepage of the county's or municipality's publicly accessible website
associated with elections, if the county or municipality maintains such a website, and in a
newspaper of general circulation in the county or municipality and by posting in a
prominent location within the county or municipality. Such notice shall state the date,
time, and place or places where preparation and testing of the ballot on demand printing
equipment for use in the primary or election will commence, that such preparation and
testing shall continue from day to day until complete, and that representatives of political
parties and bodies, news media, and the public shall be permitted to observe such tests.
The superintendent shall also provide such notice to the Secretary of State who shall
publish on its website the information received from superintendents stating the dates,
times, and place or places for preparation and testing of ballot on demand printing
equipment. However, such representatives of political parties and bodies, news media, and
the public shall not in any manner interfere with the preparation and testing of such
equipment. The advertisement in the newspaper of general circulation shall be prominently
</ins>
<ins>displayed, shall not be less than 30 square inches, and shall not be placed in the section of
the newspaper where legal notices appear."
</ins> SECTION 9.
Said chapter is further amended by revising Code Section 21-2-377, relating to custody and
storage when not in use, as follows:
"21-2-377.
(a) The superintendent shall designate a person or persons who shall have custody of the
<ins>ballot on demand printing equipment and</ins> ballot scanners of the county or municipality
when they are not in use at a primary or election and shall provide for his or her
compensation and for the safe storage and care of <del>the ballot</del> such equipment and scanners.
(b) All <ins>ballot on demand printing equipment and</ins> ballot scanners, when not in use, shall be
properly <del>covered and</del> stored <ins>and secured under conditions as shall be specified by the State
Election Board</ins> <del>in a suitable place or places."
</del> SECTION 10.
Said chapter is further amended by revising Code Section 21-2-379.21, relating to access to
optical scanning voting systems for disabled, as follows:
"21-2-379.21.
Each polling place in this state utilizing optical scanning voting systems shall be equipped
with at least one electronic ballot marker that meets the requirements as set forth in this
part <ins>and in Code Section 21-2-300</ins> that is accessible to individuals with disabilities."
SECTION 11.
Said chapter is further amended in Code Section 21-2-379.23, as becomes effective on July
1, 2026, relating to requirements for ballot display and official ballot for vote tabulation,
recount, and audit, by revising subsection (d) as follows:
"(d) The <del>text portion of the</del> 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 <del>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</del> <ins>elector's marked selection;
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 12.
Said chapter is further amended in Code Section 21-2-379.24, relating to examination of
electronic ballot markers, revocation of approval, penalty to vendors for inappropriate sale,
improvements or changes to devices, prohibition on pecuniary interest, and limitation on
public inspection, by revising subsection (g) as follows:
"(g) Documents or information that, if made public, would endanger the security of any
voting system used or being considered for use in this state, or any component thereof,
including, but not limited to, electronic ballot markers, DREs, <ins>ballot on demand printing
equipment,</ins> ballot scanners, pollbooks, and software or data bases <ins>databases</ins> used for voter
registration, shall not be open for public inspection except upon order of a court of
competent jurisdiction."
SECTION 13.
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 the
polling places on election day, such scanners, along with any ballot on demand equipment,
shall be used for casting absentee ballots in person at a registrar's or absentee ballot clerk's
office or in accordance with Code Section 21-2-382, providing for additional sites."
</ins> SECTION 14.
Said chapter is further amended by revising Code Section 21-2-385.1, relating to preferential
treatment for older and disabled voters, as follows:
"21-2-385.1.
During the period of advance voting established pursuant to subsection (d) of Code
Section 21-2-385, each elector who is 75 years of age or older, <ins>who is accompanied by one
or more children two years of age or younger,</ins> or who is disabled <del>and requires assistance
in casting an absentee ballot in person at the registrar's office, absentee ballot clerk's office,
or other locations as provided for in Code Section 21-2-382</del> <ins>such that standing in line
would be impracticable</ins> shall, upon request to a designated office employee or other
individual, be authorized to vote immediately at the next available voting compartment or
booth without having to wait in line if such location utilizes direct recording electronic
voting systems or be authorized to go to the head of any line necessary to cast a written
absentee ballot. Notice of the provisions of this Code section shall be prominently
displayed in the registrar's office or absentee ballot clerk's office <ins>and at the voting location."
</ins>
SECTION 15.
Said chapter is further amended by revising Code Section 21-2-409.1, relating to voting by
electors who are 75 years of age or older or disabled electors without having to wait in line,
as follows:
"21-2-409.1.
On election day between the hours of 9:30 A.M. and 4:30 P.M., each elector who is 75
years of age or older, <ins>who is accompanied by one or more children two years of age or
younger,</ins> or who is disabled <del>and requires assistance in voting as authorized by Code
Section 21-2-409,</del> <ins>such that standing in line would be impracticable</ins> shall, upon request to
a poll officer, be authorized at any primary or election to vote immediately at the next
available voting compartment or booth without having to wait in line. Notice of the
provisions of this Code section shall be prominently displayed <del>in</del> <ins>at</ins> the voting <del>place
</del> <ins>location."
</ins> SECTION 16.
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.
<ins>(a)</ins> 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.
(b) In primaries and elections in which optical scanning voting equipment is used at the
precinct or advance voting location, each ballot scanner shall be programmed to initially
reject any ballot on which an overvote or other error is detected and allow the elector the
opportunity for such elector to review and correct any ballot so rejected prior to such ballot
</ins>
<ins>scanner accepting such ballot. The State Election Board is authorized to prescribe by rule
or regulation the procedures necessary for the implementation of the requirements of this
subsection at each precinct or advance voting location."
</ins> SECTION 17.
Said chapter is further amended by revising Code Section 21-2-482, relating to absentee
ballots for precincts using optical scanning voting equipment, as follows:
"21-2-482.
Ballots in a precinct using optical scanning voting equipment for voting by absentee
electors shall <ins>either</ins> be prepared sufficiently in advance by the superintendent and shall be
delivered to the board of registrars as provided in Code Section 21-2-384, <ins>or shall be
printed using ballot on demand printing equipment.</ins> Such ballots shall be marked 'Official
<del>Absentee</del> Ballot' and shall be in substantially the form for ballots required by Article 8 of
this chapter, except that in counties or municipalities using voting machines, direct
recording electronic (DRE) units, or ballot scanners, the ballots may be in substantially the
form for the ballot labels required by Article 9 of this chapter or in such form as will allow
the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof
the following:
'I understand that the offer or acceptance of money or any other object of value to vote
for any particular candidate, list of candidates, issue, or list of issues included in this
election constitutes an act of voter fraud and is a felony under Georgia law.'
The form for either ballot shall be determined and prescribed by the Secretary of State and
shall have printed at the top the name and designation of the precinct."
SECTION 18.
Said chapter is further amended in Code Section 21-2-483, relating to counting of ballots,
public accessibility to tabulating center and precincts, execution of ballot recap forms,
procedure for torn, bent, or otherwise defective ballots, and preparation of duplicate ballots,
by revising subsections (a) and (b) as follows:
"(a) In primaries and elections in which optical scanners are used, the ballots shall be
counted at the precinct, <ins>advance voting location,</ins> or tabulating center under the direction
of the superintendent. All persons who perform any duties at the tabulating center shall be
deputized by the superintendent, and only persons so deputized shall touch any ballot,
container, paper, or machine utilized in the conduct of the count or be permitted to be
inside the area designated for officers deputized to conduct the count.
(b) All proceedings at the tabulating center, <ins>advance voting location,</ins> and precincts shall
be open to the view of the public, but no person except one employed and designated for
the purpose by the superintendent or the superintendent's authorized deputy shall touch any
ballot or ballot container."
SECTION 19.
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 subsection (j.1) and adding a new subsection to read as
follows:
<ins>"(h.1) Notwithstanding any provision of this Code section related to paper ballots to the
contrary, in precincts in which optical scanning voting equipment has been used, the
superintendent shall verify the computation of votes cast in such precinct by examining and
comparing reports produced by the optical scanning voting equipment, ballot on demand
system if used, the state's voter registration system, and all pertinent information reported
by the poll managers on recapitulation forms. If, upon consideration by the superintendent
of the reports and forms from any precinct, it appears that the total votes returned for any
single candidate or the total votes returned for any combination of candidates for the same
</ins>
<ins>office or nomination or on any question exceeds the number of electors in such precinct or
exceeds the total number of persons who voted in such precinct or the total number of
ballots cast therein, such excess shall be deemed a discrepancy and palpable error and shall
be investigated by the superintendent. Such excess shall authorize the summoning of the
poll officers to appear immediately with any primary or election papers in their possession.
The superintendent shall then examine all the registration and primary or election
documents relating to such precinct in the presence of representatives of each party, body,
and interested candidate. Such examination may include a recount or recanvass of the
votes of that precinct if deemed necessary by the superintendent. Upon investigating any
excess pursuant to this subsection, the superintendent shall immediately notify the
Secretary of State. If any discrepancies are discovered, the superintendent shall investigate
the discrepancy and, if necessary, correct the results."
</ins> "(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. Digital images of the scanned
ballots created as part of the preliminary tabulation process, <ins>cast vote records, 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."
SECTION 20.
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) 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."
SECTION 21.
Said chapter is further amended by revising Code Section 21-2-498.1, relating to pilot
program to audit paper ballots using optical character recognition, as follows:
"21-2-498.1.
The <del>Secretary of State</del> <ins>State Election Board</ins> shall create a pilot program for the auditing of
paper ballot images using optical character recognition technology or other related
technology which shall verify the human-readable text portion of the ballot. Such auditing
program shall not be based on or tabulate any QR code, bar code, or similar machine
coding that may be printed on such ballots. Such audits shall include all ballot types, and
the audit findings shall be reported prior to final certification of the election. <ins>Any similar
pilot program being conducted by the Secretary of State on the effective date of this Code
section shall be immediately terminated."
</ins> SECTION 22.
Said chapter is further amended by revising Code Section 21-2-566, relating to interference
with primaries and elections generally, as follows:
"21-2-566.
Any person who:
(1) Willfully prevents or attempts to prevent any poll officer from holding any primary
or election under this chapter;
(2) Uses or threatens violence in a manner that would prevent a reasonable poll officer,
election official, or poll watcher or actually prevents a poll officer, election official, or
poll watcher, as provided for by Code Section 21-2-408, from the execution of his or her
duties or materially interrupts or improperly and materially interferes with the execution
of a poll officer, election official, or poll watcher's, as provided for by Code Section
21-2-408, duties;
(3) Willfully blocks or attempts to block the avenue to the door of any polling place;
(4) Uses or threatens violence in a manner that would prevent a reasonable elector from
voting or actually prevents any elector from voting;
(5) Willfully prepares or presents to any poll officer a fraudulent voter's certificate not
signed by the elector whose certificate it purports to be;
(6) Knowingly deposits fraudulent ballots in the ballot box;
(7) Knowingly registers fraudulent votes upon any voting machine; or
(8) Willfully tampers with any electors list, voter's certificate, numbered list of voters,
ballot box, voting machine, direct recording electronic (DRE) equipment, electronic
ballot marker, <ins>optical scanning voting system, ballot on demand printing equipment,</ins> or
tabulating machine,
shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment
for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00,
or both."
SECTION 23.
Said chapter is further amended by revising Code Section 21-2-580, relating to tampering
with, damaging, improper preparation of, or prevention of proper operation of voting
machines or electronic ballot markers or tabulating machines, as follows:
"21-2-580.
Any person who:
(1) Unlawfully opens, tampers with, or damages any voting machine, <del>or</del> electronic ballot
marker, <ins>optical scanning voting system, ballot on demand printing equipment, ballot
scanner,</ins> or tabulating machine to be used or being used at any primary or election;
(2) Willfully prepares a voting machine, <del>or an</del> electronic ballot marker, <ins>optical scanning
voting system, ballot on demand printing equipment, ballot scanner,</ins> or tabulating
machine for use in a primary or election in improper order for voting; or
(3) Prevents or attempts to prevent the correct operation of such <ins>voting machine,
</ins> electronic ballot marker, <ins>optical scanning voting system, ballot on demand printing
equipment, ballot scanner,</ins> or tabulating machine or voting machine,
shall be guilty of a felony."
SECTION 24.
Said chapter is further amended by revising Code Section 21-2-582, relating to tampering
with, damaging, or preventing of proper operation of direct recording electronic equipment
or electronic ballot marker or tabulating machine or device, as follows:
"21-2-582.
Any person who tampers with or damages any direct recording electronic (DRE)
equipment, <del>or</del> electronic ballot marker, <ins>optical scanning voting system, ballot on demand
printing equipment, ballot scanner,</ins> or tabulating machine or device to be used or being
used at or in connection with any primary or election or who prevents or attempts to
prevent the correct operation of any direct recording electronic (DRE) equipment, <del>or
</del>
electronic ballot marker, <ins>optical scanning voting system, ballot on demand printing
equipment, ballot scanner,</ins> or tabulating machine or device shall be guilty of a felony."
SECTION 25.
Said chapter is further amended by revising Code Section 21-2-582.1, relating to penalty for
voting equipment modification, as follows:
"21-2-582.1.
(a) <del>For the purposes of</del> <ins>As used in</ins> this Code section, the term 'voting equipment' shall
mean a voting machine, <ins>ballot scanner,</ins> tabulating machine, optical scanning voting system,
<ins>ballot on demand printing equipment,</ins> direct recording electronic voting system, or
electronic ballot marker.
(b) Any person or entity, including, but not limited to, a manufacturer or seller of voting
equipment, who alters, modifies, or changes any aspect of such voting equipment without
prior approval of the Secretary of State <del>is</del> <ins>shall be</ins> guilty of a felony."
SECTION 26.
Said chapter is further amended by revising Code Section 21-2-587, relating to frauds by poll
officers, as follows:
"21-2-587.
Any poll officer who willfully:
(1) Makes a false return of the votes cast at any primary or election;
(2) Deposits fraudulent ballots in the ballot box or certifies as correct a false return of
ballots;
(3) Registers fraudulent votes upon any voting machine or certifies as correct a return
of fraudulent votes cast upon any voting machine;
(4) Makes any false entries in the electors list;
(5) Destroys or alters any ballot, voter's certificate, or electors list;
(6) Tampers with any voting machine, direct recording electronic (DRE) equipment,
electronic ballot marker, <ins>optical scanning voting system, ballot on demand printing
equipment, ballot scanner,</ins> or tabulating machine or device;
(7) Prepares or files any false voter's certificate not prepared by or for an elector actually
voting at such primary or election; or
(8) Fails to return to the officials prescribed by this chapter, following any primary or
election, any keys of a voting machine; ballot box; general or duplicate return sheet; tally
paper; oaths of poll officers; affidavits of electors and others; record of assisted voters;
numbered list of voters; electors list; voter's certificate; spoiled and canceled ballots;
ballots deposited, written, or affixed in or upon a voting machine; DRE, electronic ballot
marker, <ins>ballot scanner,</ins> or tabulating machine memory cards; or any certificate or any
other paper or record required to be returned under this chapter,
shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment
for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00,
or both."
SECTION 27.
An Act relating to elections and primaries approved May 6, 2024 (Ga. L. 2024, p. 1028),
SB 189, is amended by revising subsection (d) of Section 13 as follows:
"(d) Section 7 of this Act shall become effective on January 1, 2028."
SECTION 28.
(a) Except as provided for in subsection (b) of this section, this Act shall become effective
on January 1, 2027.
(b)(1) This section and Sections 14, 15, 18, 19, 27, and 29 of this Act shall become
effective upon its approval by the Governor or upon its becoming law without such
approval.
(2) Sections 20 and 21 of this Act shall become effective on July 1, 2026.
(3) Section 11 of this Act shall become effective on January 1, 2028.
SECTION 29.
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.

A House substitute to SB 214 would overhaul Georgia's voting equipment law, requiring the state to supply new equipment by 2027 that could include hand-marked paper ballots and ballot-on-demand printers, while also changing recount thresholds and line-skipping rules for parents with young children and elderly or disabled voters.

### Plain-language summary

Georgia law currently requires counties to use state-provided electronic ballot markers and scanners statewide. This bill amends Chapter 2 of Title 21 of the Official Code of Georgia Annotated (O.C.G.A.) to let the state provide new voting equipment starting around 2027 that may include hand-marked paper ballots and 'ballot on demand' printers, which print ballots for each ballot style at the polling place rather than pre-printing them. It sets rules for programming, testing, storing, and securing that equipment, and requires at least one electronic ballot marker without QR or bar codes to remain available for voters with disabilities.
The bill also creates a state advisory committee to help certify the new equipment, requires ballot scanners to reject overvoted ballots so voters can fix mistakes before they're accepted, expands the line-skipping privilege currently given to voters 75 and older or disabled to include anyone accompanied by a child age two or younger, and lowers the vote-margin threshold that triggers an automatic recount right from 0.5% to 1%. It removes a prior option letting very small counties use plain pen-marked paper ballots instead of electronic ballot markers. Several sections take effect immediately, others on July 1, 2026, January 1, 2027, or January 1, 2028.

### What it does

- Authorizes the state to provide new voting equipment starting no earlier than February 1, 2027, that may use hand-marked paper ballots and ballot-on-demand printing equipment instead of only electronic ballot markers.
- Creates a legal definition for 'ballot on demand printing' (printers that produce ballots for each ballot style) and 'hand marked paper ballot' in Georgia election law (O.C.G.A. § 21-2-2).
- Requires ballot scanners at precincts and advance voting locations to reject overvoted ballots so voters can review and fix them before the ballot is accepted.
- Expands the existing line-skipping accommodation for voters 75 or older or disabled to also cover any voter accompanied by a child two years old or younger, and changes the disability standard to whether standing in line 'would be impracticable.'
- Lowers the automatic recount threshold from a vote-margin difference of one-half of one percent to one percent of total votes cast.
- Removes a current option that let counties with fewer than 5,000 registered voters use plain pen-marked paper ballots as an alternative to electronic ballot markers.

### Who it affects

County and municipal election superintendents and their staff, who must test and secure new ballot printing equipment; voters with disabilities, who are guaranteed access to accessible ballot markers; parents or guardians voting with young children; candidates seeking recounts; and small counties that currently use simplified paper ballots.

### Why it matters

If enacted, Georgia's voting equipment could shift toward hand-marked paper ballots and on-site ballot printers rather than the current statewide electronic ballot marker system, changing how ballots are produced, tested, and secured. Voters accompanied by young children would gain faster access to voting, and closer elections would face a higher bar before triggering an automatic recount.

### Key provisions

- Section 1 adds definitions for 'ballot on demand printing' and 'hand marked paper ballot' to O.C.G.A. § 21-2-2.
- Section 6 revises O.C.G.A. § 21-2-300 so the state can furnish equipment using hand-marked paper ballots and ballot-on-demand printers alongside or instead of electronic ballot markers, effective no earlier than February 1, 2027, with statewide use required for elections after December 31, 2027.
- Section 6 also creates a ten-member advisory committee, chaired by the Secretary of State, to help certify the new equipment system, set to expire July 1, 2029.
- Section 8 adds a new Code section (21-2-374.1) requiring superintendents to test, secure, and appoint custodians for ballot-on-demand printing equipment before each election.
- Section 16 requires ballot scanners to reject overvoted ballots and let voters correct them before the ballot is accepted.
- Sections 14 and 15 extend the current line-skipping privilege for elderly and disabled voters to voters accompanied by a child age two or younger.
- Section 20 raises the automatic recount trigger from a 0.5% vote-margin difference to 1%.
- Section 28 sets a general effective date of January 1, 2027, with some sections effective immediately on the Governor's signature, others on July 1, 2026, and Section 11 on January 1, 2028.

## Status

- Status: Engrossed (2025-04-02)
- Last action: House Passed/Adopted By Substitute (2026-04-02)
- Sponsors: Max Burns, Ricky Williams, Colton Moore, Marty Harbin, Steve Gooch, Sam Watson, Victor Anderson
- Official page: https://www.legis.ga.gov/legislation/70548

> The history, votes, and amendments (1,154 characters) are at https://georgiacommons.org/bills/2025-2026/sb214.md?full=1