HB960: HB960 Gwinnett Judicial Circuit; superior courts; provide twelfth judge

26 LC 47 4307S 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 to1 elections and primaries generally, so as to require that the list of eligible voters is posted and2 made public prior to each primary or election; to provide for c ivil fines in the event that3 registrars fail to remove a person from the list of registered voters following a successful4 challenge; to revise provisions related to the uniform system of election equipment to be used5 after July 1, 2026; to revise provisions related to ballot design; to provide that timing marks6 may be used on ballots to determine an elector's marked selections; to require the posting of7 a list of electors who cast ballots in an election upon the closing of the polls; to require the8 Secretary of State to maintain an archival database of such lists; to revise provisions related9 to data that must be posted with scanned ballots following the closing of the polls; to revise10 provisions related to certain recounts of votes; to revise provisions related to risk-limiting11 audits; to provide conforming changes; to provide for related matters; to repeal conflicting12 laws; and for other purposes.13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 - 1 - 26 LC 47 4307S SECTION 1.15 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and16 primaries generally, is amended in Code Section 21-2-224, relating to registration deadlines,17 restrictions on voting in primaries, official list of electors, and voting procedure when portion18 of county changed from one county to another, by revising subsection (f) as follows:19 "(f) The official list of electors eligible to vote in any primary or election shall be prepared20 and completed at least five calendar days prior to the date of the first day of advance voting21 as provided for in subsection (d) of Code Section 21-2-385 in a primary or election in22 which the list is to be used. On such fifth calendar day prior to the first day of advance23 voting, such list shall be deemed a public record subject to inspection and copying pursuant24 to Article 4 of Chapter 18 of Title 50."25 SECTION 2.26 Said chapter is further amended in Code Section 21-2-229, relating to challenge of applicant27 for registration by other electors, notice and hearing, right o f appeal, and sanctions for28 board's noncompliance, by revising subsection (f) as follows:29 "(f) Failure to comply with the provisions of this Code section by the board of registrars30 shall subject such board to sanctions by the State Election Board, including civil fines of31 up to $100.00 per registration not properly removed."32 SECTION 3.33 Said chapter is further amended in Code Section 21-2-230, relating to challenge of persons34 on list of electors by other electors, procedure, hearing, and right of appeal, by revising35 subsection (j) as follows:36 "(j) Failure to comply with the provisions of this Code section by the board of registrars37 shall subject such board to sanctions by the State Election Board, including civil fines of38 up to $100.00 per registration not properly removed."39 - 2 - 26 LC 47 4307S SECTION 4.40 Said chapter is further amended in Code Section 21-2-300, relat ing to provision of new41 voting equipment by state, uniform system using ballot scanners , pilot programs, county42 obligations, and use of physical ballots, by revising subsection (a) as follows:43 "(a)(1) The equipment used for casting and counting votes in county, state, and federal44 elections shall be the same in each county in this state and sh all be provided to each45 county by the state, as determined by the Secretary of State.46 (2) Once As soon as possible, once such equipment is certified by the Secretary of State47 as safe and practicable for use, all federal, state, and county general primaries and general48 elections as well as special primaries and special elections in the State of Georgia49 occurring after July 1, 2026, shall be conducted with the use of scanning ballots marked50 by electronic ballot markers and an optical scanning voting system utilizing preprinted,51 hand marked paper ballots. Ballots shall be tabulated by using ballot scanners with52 activated infrared detectors to detect counterfeit ballots and to create scanned images of53 tabulated ballots for voting at the polls and for absentee ballots cast in perso n, unless54 otherwise authorized by law; provided, however, that electronic ballot markers shall be55 available and accessible at each polling place and advance voting location for individuals56 with disabilities and that any such electronic ballot markers shall produce paper ballots57 which are marked with the elector's choices in a format readable by the elector.58 (3) The state shall furnish a uniform system of election equipment for use in each county.59 Additionally, the state shall furnish a uniform system of electronic ballot markers and60 ballot scanners in sufficient numbers to comply with Code Section 21-2-379.21 for use61 in each county as soon as possible. Such equipment shall be ce rtified by the United62 States Election Assistance Commission prior to purchase, lease, or acquisition. At its63 own expense, the governing authority of a county may purchase, lease, or otherwise64 acquire additional electronic ballot markers optical scanning voting system equipment65 and ballot scanners of the type furnished by the state, if the governing authority so66 - 3 - 26 LC 47 4307S desires. Additionally, at its own expense, the governing authority of a municipality may67 choose to acquire its own electronic ballot markers optical scanning voting system68 equipment and ballot scanners by purchase, lease, or other procurement process.69 (4) Notwithstanding any provision of law to the contrary, the Secretary of State is70 authorized to conduct pilot programs to test and evaluate the u se of electronic ballot71 markers and ballot scanners in primaries and elections in this state."72 SECTION 5.73 Said chapter is further amended in Code Section 21-2-369, relating to printing of ballots and74 arrangement, by revising subsection (a) as follows:75 "(a) The ballots shall be printed in black ink upon clear, white, or colored material, of such76 size and arrangement as will suit the construction of the ballot scanner, and in plain, clear77 type so as to be easily readable by persons with normal vision; provided, however, that red78 material shall not be used except that all ovals appearing on the ballot to indicate where a79 voter should mark to cast a vote may be printed in red ink."80 SECTION 6.81 Said chapter is further amended by revising Code Section 21-2-3 72, relating to ballot82 description and watermark required, as follows:83 "21-2-372.84 Ballots shall be of suitable design, size, and stock to permit processing by a ballot scanner85 and shall be printed in black ink on clear, white, or colored material. Printed ballots shall86 also include a solid unique line connecting a candidate's name or ballot question answer87 with the selection oval relating to such candidate or answer. Other than ballots delivered88 electronically to qualified electors who are entitled to vote b y absentee ballot under the89 federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301,90 et seq., the ballots shall be printed on security paper that incorporates features which can91 - 4 - 26 LC 47 4307S be used to authenticate the ballot as an official ballot, including, but not limited, to a unique92 serialized ballot batch identifier number in batches of 100, but which do not make the93 ballot identifiable to a particular elector, provided that at least one such feature is a visible94 watermark that identifies the ballot as an official Georgia ballot."95 SECTION 7.96 Said chapter is further amended in Code Section 21-2-379.23, relating to requirements for97 ballot display and official ballot for vote tabulation, recount , and audit, as effective on98 July 1, 2026, by revising subsection (d) as follows:99 "(d) The text portion of the paper ballot marked and by the elector or printed by the100 electronic ballot marker indicating the elector's selection shall constitute the official ballot101 and shall constitute the official vote for purposes of vote tabulation, any recount conducted102 pursuant to Code Section 21-2-495, and any audit conducted purs uant to Code103 Section 21-2-498. The official tabulation count of any ballot scanner shall be based upon104 the text portion or the machine mark, provided that such mark clearly denotes the elector's105 selection and does not use a QR code, bar code, or similar coding, of such ballots and not106 any machine coding that may be printed on such ballots; provided, however, that nothing107 in this chapter shall be deemed to prohibit or prevent the use of timing marks by optical108 scanning voting systems to determine the elector's marked selection."109 SECTION 8.110 Said chapter is further amended in Code Section 21-2-383, relat ing to preparation and111 delivery of ballots, form of ballots, casting ballot in person using DRE unit, and casting112 ballot in person or as absentee using electronic ballot markers, by adding a new subsection113 to read as follows:114 "(d) Notwithstanding any other provision of this Code section t o the contrary, in115 jurisdictions in which an optical scanning voting system with b allot scanners is used in116 - 5 - 26 LC 47 4307S polling places on election day, such scanners shall be used for casting absentee ballots in117 person at a registrar's or absentee ballot clerk's office or in accordance with subsection (d)118 of Code Section 21-2-385."119 SECTION 9.120 Said chapter is further amended by revising Code Section 21-2-4 21, relating to posting of121 required information after closing of polls and reporting to Secretary of State, as follows:122 "21-2-421.123 (a) As soon as possible but not later than 11:59 P.M. followin g the close of the polls on124 the day of a primary, election, or runoff, the election superin tendent shall report to the125 Secretary of State and post in a prominent public place the Secretary shall post on the126 Secretary's website the following information:127 (1) The number of ballots cast at the polls on the day of the primary, election, or runoff,128 including provisional ballots cast;129 (2) The number of ballots cast at advance voting locations dur ing the advance voting130 period for the primary, election, or runoff; and131 (3) The total number of absentee ballots returned to the board of registrars by the132 deadline to receive such absentee ballots on the day of the primary, election, or runoff;133 and134 (4) An enumerated list of electors who cast ballots during suc h primary, election, or135 runoff.136 (b) Upon the completion of the report provided for in subsection (a) of this Code section,137 the election superintendent shall compare the total number of ballots received as reported138 in subsection (a) of this Code section and the counting of the ballots in the primary,139 election, or runoff minus any rejected and uncured absentee ballots, uncounted provisional140 ballots, and any other uncounted ballots, with the total number of ballots cast in the141 primary, election, or runoff. The results of such comparison and all explanatory materials142 - 6 - 26 LC 47 4307S shall be reported to the Secretary of State. The reason for any discrepancy shall be fully143 investigated and reported to the Secretary of State.144 (c) The Secretary of State shall maintain an archival database of the lists of electors145 required by paragraph (4) of subsection (a) of this Code sectio n, and such lists shall be146 added to such database within one hour of being received and shall remain unchanged once147 placed in such database."148 SECTION 10.149 Said chapter is further amended by revising Code Section 21-2-481, relating to design, size,150 and stock of ballots, as follows:151 "21-2-481.152 Ballots in a precinct using optical scanning voting equipment shall be of suitable design,153 size, and stock to permit processing by a tabulating machine and shall be printed in black154 ink on white or colored material. A serially numbered strip shall be attached to each ballot155 to be counted by a central count tabulator in the same form as required by Code156 Section 21-2-372."157 SECTION 11.158 Said chapter is further amended in Code Section 21-2-493, relat ing to computation,159 canvassing, and tabulation of returns, investigation of discrepancies in vote counts, recount160 procedure, posting of digital images of scanned paper ballots, certification of returns, and161 change in returns, by revising subsections (c), (e), (g), (j.1), and (j.2) as follows:162 "(c) In precincts in which paper ballots or optical scanning voting systems have been used,163 the superintendent may require the production of the ballot box and the recount of the164 ballots contained in such ballot box, either generally or respe cting the particular office,165 nomination, or question as to which the excess exists, in the d iscretion of the166 superintendent, and may require the correction of the returns in accordance with the result167 - 7 - 26 LC 47 4307S of such recount. If the ballot box is found to contain more ballots than there are electors168 registered in such precinct or more ballots than the number of voters who voted in such169 precinct at such primary or election, the superintendent may, i n his or her discretion,170 exclude the poll of that precinct, either as to all offices, candidates, questions, or parties and171 bodies or as to any particular offices, candidates, questions, or parties and bodies, as to172 which such excess exists."173 "(e) In precincts in which paper ballots or optical scanning voting systems have been used,174 the general returns made by the poll officers from the various precincts shall be read one175 after another in the usual order, slowly and audibly, by one of the assistants who shall, in176 each case of a return from a precinct in which ballots were used, read therefrom the number177 of ballots issued, spoiled, canceled, and cast, respectively, whereupon the assistant having178 charge of the records of the superintendent showing the number of ballots furnished for179 each precinct, including the number of stubs, where used, and unused ballots and spoiled180 and canceled ballots returned, shall publicly announce the number of the same respectively;181 and, unless it appears by such number or calculations therefrom that such records and such182 general return correspond, no further returns shall be read fro m the latter until all183 discrepancies are explained to the satisfaction of the superintendent."184 "(g) In precincts in which paper ballots or optical scanning voting systems have been used,185 when the records agree with such returns regarding the number of ballots and the number186 of votes recorded for each candidate, such votes for each candi date shall be read by an187 assistant slowly, audibly, and in an orderly manner from the general return which has been188 returned unsealed; and the figures announced shall be compared by other assistants with189 the general return which has been returned sealed. The figures announced for all precincts190 s h a l l b e c o m p a r e d b y o n e o f t h e a s s i s t a n t s w i t h t h e t a l l y p a p e rs from the respective191 precincts. If any discrepancies are discovered, the superintendent shall examine all of the192 return sheets, tally papers, and other papers in his or her pos session relating to the same193 precinct. If the tally papers and sealed general return sheet agree, the unsealed general194 - 8 - 26 LC 47 4307S return shall be immediately corrected to conform thereto. In e very other case the195 superintendent shall immediately cause the ballot box of the precinct to be opened and the196 vote therein to be recounted in the presence of interested cand idates or their197 representatives; and, if the recount shall not be sufficient to c o r r e c t t h e e r r o r , t h e198 superintendent may summon the poll officers to appear immediate ly with all election199 papers in their possession."200 "(j.1) The Secretary of State shall create and maintain a state-wide program for the posting201 of digital images of the scanned paper ballots created by the voting system. All such scans202 shall have a resolution of no less than 200 dots per inch. Such posted scans shall include203 the authentication files for such scans, and such scans shall be posted by precinct for each204 county. Digital images of the scanned ballots created as part of the preliminary tabulation205 process, cast vote records, security logs, and system log files of central tabulators shall be206 posted no later than 5:00 P.M. on the second Friday following the day of the election, and207 such postings shall be supplemented by the posting of any additional ballot images created208 in the tabulation process through final certification of such election.209 (j.2)(1) In On or after January 1, 2025, in the event that a superintendent receives a210 request pursuant to Code Section 50-18-71 for scanned ballot im ages at a resolution211 higher than the ballot images available from the Secretary of S tate pursuant to212 subsection (j.1) of this Code section, and such request is rece ived following the final213 certification of the results of the election in which such ball ots were created, the214 superintendent shall, consistent with Code Section 50-18-71, produce digital scans of the215 requested ballots at a resolution of no less than 600 dots per inch and deliver such scans216 to the requestor; provided, however, that the superintendent sh all not be authorized to217 charge any fee authorized by Code Section 50-18-71 for such request. A person making218 a request pursuant to this subsection may observe the scanning and related handling219 process, but under no circumstances shall anyone other than an authorized election220 - 9 - 26 LC 47 4307S official touch or handle a physical ballot. In no event shall the superintendent take more221 than 30 days from the date of request to deliver such request to the requestor.222 (2) Notwithstanding any seal provided for by Code Section 21-2-500, a superintendent223 shall have access to the ballots cast within its jurisdiction s o as to comply with the224 provisions of this subsection. Upon receiving a request pursuant to this subsection, the225 superintendent shall notify the clerk of the superior court or, if designated by the clerk of226 the superior court, the county records manager or other office or official under the227 jurisdiction of a county governing authority which maintains or is responsible for228 maintaining such sealed ballots, and such official or office that maintains such requested229 ballot shall provide the superintendent access to such ballot w ithout the need for230 obtaining a court order. All ballots provided to a superintend ent pursuant to this231 paragraph shall be immediately returned by such superintendent to the official or office232 that maintains such ballots upon the scanning of such ballot."233 SECTION 12.234 Said chapter is further amended in Code Section 21-2-495, relating to procedure for recount235 or recanvass of votes, losing candidate's right to a recount, a nd rules and regulations, by236 revising subsection (c) and adding a new subsection to read as follows:237 "(c)(1) Whenever the difference between the number of votes rec eived by a candidate238 who has been declared nominated for an office in a primary elec tion or who has been239 declared elected to an office in an election or who has been declared eligible for a run-off240 primary or election and the number of votes received by any oth er candidate or241 candidates not declared so nominated or elected or eligible for a runoff shall be not more242 than one-half of 1 1 percent of the total votes which were cast for such office therein, any243 such candidate or candidates receiving a sufficient number of votes so that the difference244 between his or her vote and that of a candidate declared nominated, elected, or eligible245 for a runoff is not more than one-half of 1 1 percent of the total votes cast, within a period246 - 10 - 26 LC 47 4307S of two business days following the certification of the election results, shall have the right247 to a recount of the votes cast, if such request is made in writing by the losing candidate. 248 If the office sought is a federal or state office voted upon by the electors of more than one249 county, the request shall be made to the Secretary of State who shall direct that the250 recount be performed in all counties in which electors voted for such office and notify the251 superintendents of the several counties involved of the request . In all other cases, the252 request shall be made to the superintendent. The superintendent or superintendents shall253 order a recount of such votes to be made immediately. If, upon such recount, it is254 determined that the original count was incorrect, the returns and all papers prepared by255 the superintendent, the superintendents, or the Secretary of St ate shall be corrected256 accordingly and the results recertified.257 (2) Whenever the difference between the number of votes for approval or rejection of a258 constitutional amendment or binding referendum question shall be not more than one-half259 of 1 1 percent of the total votes which were cast on such amendment or question therein,260 within a period of two business days following the certification of the election results, the261 Constitutional Amendments Publication Board shall be authorized in its discretion to call262 for a recount of the votes cast with regard to such amendment or question. In the case of263 a constitutional amendment or state-wide referendum question or a question voted upon264 by the electors of more than one county, the board shall direct the Secretary of State to265 cause a recount to be performed with regard to such amendment o r question in all266 counties involved and notify the superintendents of the recount. In the case of questions267 voted upon by the electors of only one county or municipality, the board shall direct the268 Secretary of State to cause a recount to be conducted by the co unty or municipality269 involved and the Secretary of State shall notify the superinten dent involved of the270 recount. Upon notification, the superintendent or superintendents shall order a recount271 of such votes to be made immediately. If, upon such recount, i t is determined that the272 original count was incorrect, the returns and all papers prepared by the superintendent,273 - 11 - 26 LC 47 4307S the superintendents, or the Secretary of State shall be correct ed accordingly and the274 results recertified.275 (3) Any recount pursuant to this subsection shall be conducted using a manual hand276 count of all ballots cast in such primary or election."277 "(d.1) Any other provision of this Code section to the contrary notwithstanding, within a278 period of two business days following the certification of the election results, local election279 superintendents shall initiate a manual rec ount of all votes ca sts in any election, special280 election, election runoff, special election runoff, primary, special primary, primary runoff,281 or special primary runoff on the following contests, if any suc h contest is on the ballot:282 presidential, United States Senator, United States Representati ve, Governor, Lieutenant283 Governor, Secretary of State, and Attorney General."284 SECTION 13.285 Said chapter is further amended in Code Section 21-2-498, relat ing to precertification286 tabulation audits and risk-limiting audits, by revising subsection (e) as follows:287 "(e) The State Election Board shall be responsible for overseeing the administration of this288 Code section by election superintendents and shall be authorized to promulgate rules,289 regulations, and procedures to implement and administer the pro visions of this Code290 section. The procedures prescribed by the State Election Board shall include security291 procedures to ensure that collection of validly cast ballots is complete, accurate, and292 trustworthy throughout the audit. The Secretary of State shall have no role in conducting,293 overseeing, or administering the provisions of this Code section, unless requested by the294 State Election Board."295 SECTION 14.296 All laws and parts of laws in conflict with this Act are repealed.297 - 12 -