Senate Bill 303
By: Senators Moore of the 53rd, Gooch of the 51st and Dolezal of the 27th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
elections and primaries generally, so as to revise provisions related to the state-wide uniform
system of voting equipment; to transfer responsibility for the certification and selection of
such system from the Secretary of State to the State Election Board; to provide that such
system shall use hand marked and hand counted paper ballots; to provide for the use of ballot
marking devices by voters precluded from using hand marked ballots; to for provide the use
of the same equipment in municipal elections; to making conforming changes to provisions
related to scanning absentee ballots; to provide for related matters; to provide an effective
date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and
primaries generally, is amended by revising Code Section 21-2-300, relating to provision of
new voting equipment by state, uniform system using ballot scanners, pilot programs, county
obligations, and use of physical ballots, as follows:
"21-2-300.
(a)(1) The equipment used for casting and counting votes in county, state, and federal
elections shall be the same in each county in this state and shall be provided to each
county by the state, as determined by the <del>Secretary of</del> State <ins>Election Board.
</ins> (2) As soon as possible, once such equipment is certified by the <del>Secretary of</del> State
<ins>Election Board</ins> as safe and practicable for use, all federal, state, and county general
primaries and general elections as well as special primaries and special elections in the
State of Georgia shall be conducted with the use of <del>scanning</del> <ins>the same type of paper
</ins> ballots <del>marked by electronic ballot markers and tabulated by using ballot scanners for
voting at the polls and</del> <ins>used</ins> for absentee ballots <del>cast in person, unless otherwise
authorized by law; provided, however, that such electronic ballot markers shall produce
paper ballots which are marked with the elector's choices in a format readable by the
elector</del> <ins>provided for in subsection (a) of Code Section 21-2-283, hand marked by the
elector, and tabulated in a publicly recorded hand count occurring at the polling place
where such ballots were cast. Notwithstanding any other provisions of this Code section
to the contrary, each polling place shall also have available for use by electors with
disabilities, an electronic ballot marker that produces a paper ballot upon which such an
elector can mark his or her choices in a format understandable to such elector that
precludes the use of a hand marked paper ballot. Such electronic ballot markers shall also
be certified by the State Election Board as safe and practicable for use for elections held
in this state.
</ins> (3) The state shall furnish a uniform system <del>of electronic ballot markers and ballot
scanners</del> <ins>and method to mark and count ballots</ins> for use in each county as soon as possible,
<ins>provided that all such tabulation, result publication, and voter authentication equipment
is incapable of being accessed remotely and is procured from an American owned
corporation; uses hardware, software, firmware, and components that are all made in
America; and is developed and maintained exclusively by American citizens.</ins> <del>Such
</del>
<del>equipment shall be certified by the United States Election Assistance Commission prior
to purchase, lease, or acquisition.</del> At its own expense, the governing authority of a
county may purchase, lease, or otherwise acquire additional <del>electronic ballot markers and
ballot scanners</del> <ins>voting equipment</ins> of the type furnished by the state, if the governing
authority so desires. Additionally, at its own expense, the governing authority of a
municipality may choose to acquire its own <del>electronic ballot markers and ballot scanners
by purchase, lease, or other procurement process</del> <ins>voting equipment as furnished by the
state.
</ins> (4) Notwithstanding any provision of law to the contrary, the <del>Secretary of</del> State <ins>Election
Board</ins> is authorized to conduct pilot programs to test and evaluate the use of <del>electronic
ballot markers and ballot scanners</del> <ins>hand marked and counted paper ballots</ins> in primaries
and elections in this state.
(b) Each county shall, prior to being provided with voting equipment by the state, provide
polling places that are adequate for the operation of such equipment, including, if
necessary, the placement within the polling places of a sufficient number of electrical
outlets and telephone lines.
(c) Each county shall, prior to being provided with voting equipment by the state, provide
or contract for adequate technical support for the installation, set up, and operation of such
voting equipment for each primary, election, and special primary and special election as
the <del>Secretary of</del> State <ins>Election Board</ins> shall determine by rule or regulation.
(d) The <del>Secretary of</del> State <ins>Election Board</ins> shall be responsible for the development,
implementation, and provision of a continuing program to educate voters, election officials,
and poll workers in the proper use of such voting equipment. Each county shall bear the
costs, including transportation, subsistence, and lodging, incurred by its election and
registration officials in attending courses taught by or arranged by the <del>Secretary of</del> State
<ins>Election Board</ins> for instruction in the use of the voting equipment.
(e)(1) Counties shall be authorized to contract with municipal governments for the use
of such voting equipment in municipal elections under terms and conditions specified by
the <del>Secretary of</del> State <ins>Election Board</ins> to assure that the equipment is properly used and
kept secure.
(2) Notwithstanding the provisions of Code Section 21-2-45, counties may not levy a fee
for use of state owned voting equipment but may require municipalities to reimburse the
county for the actual expenses related to the election or elections that are subject to the
county and municipal contract.
<del>(f)(1) Notwithstanding any provision of this Code section to the contrary, provided that
the county election superintendent has petitioned and received the approval of the State
Election Board at least 10 days prior to the beginning of advance voting, in any election
with less than 5,000 registered electors, such superintendent may provide the electors
physical ballots on the same type of ballot that is used for absentee ballots pursuant to
subsection (a) of Code Section 21-2-383 and allow electors to mark their ballot using a
pen, pencil, or similar non-electronic writing tool as an alternative to using electronic
ballot marking devices.
(2) Such physical ballots may only be used to conduct:
(A) Special primaries, special elections, or runoffs thereof for county offices; or
(B) Special elections to present a question to the voters of a county.
Furthermore, such primary, special primary, election, or special election shall occur
independently and apart from a presidential preference primary, state-wide general
primary, state-wide special primary, state-wide general election, or state-wide special
election."
</del> SECTION 2.
Said chapter is further amended in Code Section 21-2-386, relating to procedures regarding
absentee ballots, by revising subsection (g) as follows:
"(g) Notwithstanding any other provision of law to the contrary, <del>including, but not limited
to, the certification requirement in paragraph (3) of subsection (a) of Code Section
21-2-300,</del> all absentee ballots tabulated pursuant to this Code section shall be scanned so
that there is a digital image of each such ballot. All such scans shall have a resolution of
no less than 600 dots per inch, or the highest resolution possible within the certified voting
system. All such scans shall be posted and maintained by the program provided for in
subsection (j.1) of Code Section 21-2-493."
SECTION 3.
This Act shall become effective on January 1, 2026.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.