HB1108: HB1108 Elections; state-wide uniform system of voting equipment; revise provisions

26 LC 47 3849 House Bill 1108 By: Representatives Byrd of the 20th, Kahaian of the 81st, and Fincher of the 23rd 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 revise provisions related to the state-wide uniform2 system of voting equipment; to transfer responsibility for the certification and selection of3 such system from the Secretary of State to the State Election B oard; to provide that such4 system shall use hand marked and hand counted paper ballots; to provide for the use of ballot5 marking devices by voters precluded from using hand marked ballots; to provide for the use6 of the same equipment in municipal elections; to make conformin g changes to provisions7 related to scanning absentee ballots; to provide for related ma tters; to provide an effective8 date; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and12 primaries generally, is amended by revising Code Section 21-2-300, relating to provision of13 new voting equipment by state, uniform system using ballot scanners, pilot programs, county14 obligations, and use of physical ballots, as follows:15 H. B. 1108 - 1 - 26 LC 47 3849 "21-2-300.16 (a)(1) The equipment used for casting and counting votes in co unty, state, and federal17 elections shall be the same in each county in this state and sh all be provided to each18 county by the state, as determined by the Secretary of State Election Board.19 (2) As soon as possible, once such equipment is certified by t he Secretary of State20 Election Board as safe and practicable for use, all federal, state, and count y general21 primaries and general elections as well as special primaries and special elections in the22 State of Georgia shall be conducted with the use of scanning the same type of paper23 ballots marked by electronic ballot markers and tabulated by us ing ballot scanners for24 voting at the polls and u s e d for absentee ballots cast in person, unless otherwise25 authorized by law; provided, however, that such electronic ballot markers shall produce26 paper ballots which are marked with the elector's choices in a format readable by the27 elector provided for in subsection (a) of Code Section 21-2-283, hand marked by the28 elector, and tabulated in a publicly recorded hand count occurr ing at the polling place29 where such ballots were cast. Notwithstanding any other provisions of this Code section30 to the contrary, each polling place shall also have available f or use by electors with31 disabilities, an electronic ballot marker that produces a paper ballot upon which such an32 elector can mark his or her choices in a format understandable to such elector that33 precludes the use of a hand marked paper ballot. Such electronic ballot markers shall also34 be certified by the State Election Board as safe and practicable for use for elections held35 in this state.36 (3) The state shall furnish a uniform system of electronic bal lot markers and ballot37 scanners and method to mark and count ballots for use in each county as soon as possible,38 provided that all such tabulation, result publication, and voter authentication equipment39 is incapable of being accessed remotely and is procured from an American owned40 corporation; uses hardware, software, firmware, and components that are all made in41 America; and is developed and maintained exclusively by America n citizens. Such42 H. B. 1108 - 2 - 26 LC 47 3849 equipment shall be certified by the United States Election Assistance Commission prior43 to purchase, lease, or acquisition. At its own expense, the governing authority of a44 county may purchase, lease, or otherwise acquire additional electronic ballot markers and45 ballot scanners voting equipment of the type furnished by the state, if the governing46 authority so desires. Additionally, at its own expense, the go verning authority of a47 municipality may choose to acquire its own electronic ballot markers and ballot scanners48 by purchase, lease, or other procurement process voting equipment as furnished by the49 state.50 (4) Notwithstanding any provision of law to the contrary, the Secretary of State Election51 Board is authorized to conduct pilot programs to test and evaluate the use of electronic52 ballot markers and ballot scanners hand marked and counted paper ballots in primaries53 and elections in this state.54 (b) Each county shall, prior to being provided with voting equipment by the state, provide55 polling places that are adequate for the operation of such equi pment, including, if56 necessary, the placement within the polling places of a suffici ent number of electrical57 outlets and telephone lines.58 (c) Each county shall, prior to being provided with voting equipment by the state, provide59 or contract for adequate technical support for the installation, set up, and operation of such60 voting equipment for each primary, election, and special primary and special election as61 the Secretary of State Election Board shall determine by rule or regulation.62 (d) The Secretary of State Election Board shall be responsible for the development,63 implementation, and provision of a continuing program to educate voters, election officials,64 and poll workers in the proper use of such voting equipment. Each county shall bear the65 costs, including transporta tion, subsisten ce, and lodging, incu rred by its election and66 registration officials in attending courses taught by or arranged by the Secretary of State67 Election Board for instruction in the use of the voting equipment.68 H. B. 1108 - 3 - 26 LC 47 3849 (e)(1) Counties shall be authorized to contract with municipal governments for the use69 of such voting equipment in municipal elections under terms and conditions specified by70 the Secretary of State Election Board to assure that the equipment is properly used and71 kept secure.72 (2) Notwithstanding the provisions of Code Section 21-2-45, counties may not levy a fee73 for use of state owned voting equipment but may require municipalities to reimburse the74 county for the actual expenses related to the election or elections that are subject to the75 county and municipal contract.76 (f)(1) Notwithstanding any provision of this Code section to the contrary, provided that77 the county election superintendent has petitioned and received the approval of the State78 Election Board at least 10 days prior to the beginning of advance voting, in any election79 with less than 5,000 registered electors, such superintendent m ay provide the electors80 physical ballots on the same type of ballot that is used for ab sentee ballots pursuant to81 subsection (a) of Code Section 21-2-383 and allow electors to mark their ballot using a82 pen, pencil, or similar non-electronic writing tool as an alter native to using electronic83 ballot marking devices.84 (2) Such physical ballots may only be used to conduct:85 (A) Special primaries, special elections, or runoffs thereof for county offices; or86 (B) Special elections to present a question to the voters of a county.87 Furthermore, such primary, special primary, election, or specia l election shall occur88 independently and apart from a presidential preference primary, state-wide general89 primary, state-wide special primary, state-wide general electio n, or state-wide special90 election."91 SECTION 2.92 Said chapter is further amended in Code Section 21-2-386, relating to procedures regarding93 absentee ballots, by revising subsection (g) as follows:94 H. B. 1108 - 4 - 26 LC 47 3849 "(g) Notwithstanding any other provision of law to the contrary, including, but not limited95 to, the certification requirement in paragraph (3) of subsectio n (a) of Code Section96 21-2-300, all absentee ballots tabulated pursuant to this Code section shall be scanned so97 that there is a digital image of each such ballot. All such scans shall have a resolution of98 no less than 600 dots per inch, or the highest resolution possible within the certified voting99 system. All such scans shall be posted and maintained by the p rogram provided for in100 subsection (j.1) of Code Section 21-2-493."101 SECTION 3.102 This Act shall become effective on January 1, 2027.103 SECTION 4.104 All laws and parts of laws in conflict with this Act are repealed.105 H. B. 1108 - 5 -