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SB568: SB568 Elections and Primaries; the list of eligible voters is posted and made public prior to each primary or election; require

2025-2026 Regular Session · Comm Sub version · Last action March 6, 2026

26 LC 47 4149S The Senate Committee on Ethics offered the following substitute to SB 568: 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 selecti ons; to provide that, if7 multiple advance voting locations are utilized in a jurisdiction, designated precincts shall be8 assigned to each such location and only electors registered in such precincts shall cast ballots9 at their designated advance voting locations; to require the posting of a list of electors who10 cast ballots in an election upon the closing of the polls; to require the Secretary of State to11 maintain an archival database of such lists; to revise provisions related to data that must be12 posted with scanned ballots following the closing of the polls; to revise provisions related to13 certain recounts of votes; to revise provisions related to risk -limiting audits; to provide14 conforming changes; to provide for related matters; to repeal conflicting laws; and for other15 purposes.16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 - 1 - 26 LC 47 4149S SECTION 1.18 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and19 primaries generally, is amended in Code Section 21-2-224, relating to registration deadlines,20 restrictions on voting in primaries, official list of electors, and voting procedure when portion21 of county changed from one county to another, by revising subsection (f) as follows:22 "(f) The official list of electors eligible to vote in any primary or election shall be prepared23 and completed at least five calendar days prior to the date of the first day of advance voting24 as provided for in subsection (d) of Code Section 21-2-385 in a primary or election in25 which the list is to be used. On such fifth calendar day prior to the first day of advance26 voting, such list shall be deemed a public record subject to inspection and copying pursuant27 to Article 4 of Chapter 18 of Title 50."28 SECTION 2.29 Said chapter is further amended in Code Section 21-2-229, relating to challenge of applicant30 for registration by other electors, notice and hearing, right o f appeal, and sanctions for31 board's noncompliance, by revising subsection (f) as follows:32 "(f) Failure to comply with the provisions of this Code section by the board of registrars33 shall subject such board to sanctions by the State Election Board, including civil fines of34 up to $10,000.00 per registration not properly removed."35 SECTION 3.36 Said chapter is further amended in Code Section 21-2-230, relating to challenge of persons37 on list of electors by other electors, procedure, hearing, and right of appeal, by revising38 subsection (j) as follows:39 "(j) Failure to comply with the provisions of this Code section by the board of registrars40 shall subject such board to sanctions by the State Election Board, including civil fines of41 up to $10,000.00 per registration not properly removed."42 - 2 - 26 LC 47 4149S SECTION 4.43 Said chapter is further amended in Code Section 21-2-300, relat ing to provision of new44 voting equipment by state, uniform system using ballot scanners , pilot programs, county45 obligations, and use of physical ballots, by revising subsection (a) as follows:46 "(a)(1) The equipment used for casting and counting votes in county, state, and federal47 elections shall be the same in each county in this state and sh all be provided to each48 county by the state, as determined by the Secretary of State.49 (2) Once As soon as possible, once such equipment is certified by the Secretary of State50 as safe and practicable for use, all federal, state, and county general primaries and general51 elections as well as special primaries and special elections in the State of Georgia52 occurring after July 1, 2026, shall be conducted with the use of scanning ballots marked53 by electronic ballot markers and an optical scanning voting system utilizing preprinted,54 hand marked paper ballots. Ballots shall be tabulated by using ballot scanners with55 activated infrared detectors to detect counterfeit ballots and to create scanned images of56 tabulated ballots for voting at the polls and for absentee ballots cast in perso n, unless57 otherwise authorized by law; provided, however, that electronic ballot markers shall be58 available and accessible at each polling place and advance voting location for individuals59 with disabilities and that any such electronic ballot markers shall produce paper ballots60 which are marked with the elector's choices in a format readable by the elector.61 (3) The state shall furnish a uniform system of election equipment for use in each county.62 Additionally, the state shall furnish a uniform system of electronic ballot markers and63 ballot scanners in sufficient numbers to comply with Code Section 21-2-379.21 for use64 in each county as soon as possible. Such equipment shall be ce rtified by the United65 States Election Assistance Commission prior to purchase, lease, or acquisition. At its66 own expense, the governing authority of a county may purchase, lease, or otherwise67 acquire additional electronic ballot markers optical scanning voting system equipment68 and ballot scanners of the type furnished by the state, if the governing authority so69 - 3 - 26 LC 47 4149S desires. Additionally, at its own expense, the governing authority of a municipality may70 choose to acquire its own electronic ballot markers optical scanning voting system71 equipment and ballot scanners by purchase, lease, or other procurement process.72 (4) Notwithstanding any provision of law to the contrary, the Secretary of State is73 authorized to conduct pilot programs to test and evaluate the u se of electronic ballot74 markers and ballot scanners in primaries and elections in this state."75 SECTION 5.76 Said chapter is further amended in Code Section 21-2-369, relating to printing of ballots and77 arrangement, by revising subsection (a) as follows:78 "(a) The ballots shall be printed in black ink upon clear, white, or colored material, of such79 size and arrangement as will suit the construction of the ballot scanner, and in plain, clear80 type so as to be easily readable by persons with normal vision; provided, however, that red81 material shall not be used except that all ovals appearing on the ballot to indicate where a82 voter should mark to cast a vote may be printed in red ink."83 SECTION 6.84 Said chapter is further amended by revising Code Section 21-2-3 72, relating to ballot85 description and watermark required, as follows:86 "21-2-372.87 Ballots shall be of suitable design, size, and stock to permit processing by a ballot scanner88 and shall be printed in black ink on clear, white, or colored material. Printed ballots shall89 also include a solid unique line connecting a candidate's name or ballot question answer90 with the selection oval relating to such candidate or answer. Other than ballots delivered91 electronically to qualified electors who are entitled to vote b y absentee ballot under the92 federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301,93 et seq., the ballots shall be printed on security paper that incorporates features which can94 - 4 - 26 LC 47 4149S be used to authenticate the ballot as an official ballot, including, but not limited, to a unique95 serialized ballot batch identifier number in batches of 100, but which do not make the96 ballot identifiable to a particular elector, provided that at least one such feature is a visible97 watermark that identifies the ballot as an official Georgia ballot."98 SECTION 7.99 Said chapter is further amended in Code Section 21-2-379.23, relating to requirements for100 ballot display and official ballot for vote tabulation, recount , and audit, as effective on101 July 1, 2026, by revising subsection (d) as follows:102 "(d) The text portion of the paper ballot marked and by the elector or printed by the103 electronic ballot marker indicating the elector's selection shall constitute the official ballot104 and shall constitute the official vote for purposes of vote tabulation, any recount conducted105 pursuant to Code Section 21-2-495, and any audit conducted purs uant to Code106 Section 21-2-498. The official tabulation count of any ballot scanner shall be based upon107 the text portion or the machine mark, provided that such mark clearly denotes the elector's108 selection and does not use a QR code, bar code, or similar coding, of such ballots and not109 any machine coding that may be printed on such ballots; provided, however, that nothing110 in this chapter shall be deemed to prohibit or prevent the use of timing marks by optical111 scanning voting systems to determine the elector's marked selection."112 SECTION 8.113 Said chapter is further amended in Code Section 21-2-383, relat ing to preparation and114 delivery of ballots, form of ballots, casting ballot in person using DRE unit, and casting115 ballot in person or as absentee using electronic ballot markers, by adding a new subsection116 to read as follows:117 "(d) Notwithstanding any other provision of this Code section t o the contrary, in118 jurisdictions in which an optical scanning voting system with b allot scanners is used in119 - 5 - 26 LC 47 4149S polling places on election day, such scanners shall be used for casting absentee ballots in120 person at a registrar's or absentee ballot clerk's office or in accordance with subsection (d)121 of Code Section 21-2-385."122 SECTION 9.123 Said chapter is further amended in Code Section 21-2-385, relating to procedure for voting124 by absentee ballot and advance voting, by revising subsection (d) as follows:125 "(d)(1) There shall be a period of advance voting that shall commence:126 (A) On the fourth Monday immediately prior to each primary or election; and127 (B) As soon as possible prior to a runoff from any general primary or election but no128 later than the second Monday immediately prior to such runoff129 and shall end on the Friday immediately prior to each primary, election, or runoff. 130 Voting shall be conducted beginning at 9:00 A.M. and ending at 5:00 P.M. on weekdays,131 other than observed state holidays, during such period and shal l be conducted on the132 second and third Saturdays during the hours of 9:00 A.M. through 5:00 P.M. and, if the133 registrar or absentee ballot clerk so chooses, the second Sunday, the third Sunday, or both134 the second and third Sundays prior to a primary or election during hours determined by135 the registrar or absentee ballot clerk, but no longer than 7:00 A.M. through 7:00 P.M.;136 provided, however, that, if such second Saturday is a public and legal holiday pursuant137 to Code Section 1-4-1, if such second Saturday follows a public and legal holiday138 occurring on the Thursday or Friday immediately preceding such second Saturday, or if139 such second Saturday immediately precedes a public and legal holiday occurring on the140 following Sunday or Monday, such a dvance voting shall not be he ld on such second141 Saturday but shall be held on the third Saturday prior to such primary or election142 beginning at 9:00 A.M. and ending at 5:00 P.M. Except as other wise provided in this143 paragraph, the registrars may extend the hours for voting to permit advance voting from144 7:00 A.M. until 7:00 P.M. and may provide for additional voting locations pursuant to145 - 6 - 26 LC 47 4149S paragraph (1.1) of this subsection and Code Section 21-2-382 to suit the needs of the146 electors of the jurisdiction at their option; provided, however, that voting shall occur only147 on the days specified in this paragraph and counties and munici palities shall not be148 authorized to conduct advance voting on any other days.149 (1.1) Notwithstanding any provision of Code Section 21-2-382 to the contrary:150 (A) In the event that the registrars for a county provide more than one advance voting151 location, the registrars shall designate a specific advance vot ing location for each152 precinct in the county. Only the electors who are registered t o vote in the precincts153 designated for a specific advance voting location may cast a vo te pursuant to this154 subsection at such advance voting location; and155 (B) In the event that the registrars for a municipality provide more than one advance156 voting location, the registrars shall designate a specific advance voting location for each157 precinct in the municipality. Only the electors who are regist ered to vote in the158 precincts designated for a specific advance voting location may cast a vote pursuant to159 this subsection at such advance voting location.160 (2) The registrars or absentee ballot clerk, as appropriate, shall provide reasonable notice161 to the electors of their jurisdiction of the availability of ad vance voting as well as the162 times, dates, and each voter's assigned locations at which advance voting will be163 conducted. In addition, the registrars or absentee ballot clerk shall notify the Secretary164 of State in the manner prescribed by the Secretary of State of the times, dates, and165 locations at which advance voting will be conducted.166 (3) The board of registrars shall publish the dates, times, and locations of the availability167 of advance voting in its jurisdiction on the homepage of the county's publicly accessible168 website associated with elections or registrations, or if the county does not have such a169 website, in a newspaper of general circulation, and by posting in a prominent location in170 the county, no later than 14 days prior to the beginning of the advance voting period for171 a general primary, special primary, general election, or special election and no later than172 - 7 - 26 LC 47 4149S seven days prior to the beginning of the advance voting period for any run-off election. 173 Any new advance voting locations added after that deadline shal l be published in the174 same manner as soon as possible. If multiple advance voting locations are provided for175 in a jurisdiction, the registrars shall also publish a list of which precincts are assigned to176 each advance voting locations and provide notices that only those electors registered to177 vote in a precinct assigned to a designated advance voting location may cast an advance178 vote at a specific advance voting location. The board of registrars shall not remove any179 advance voting location after the notice of such location is published, except in the case180 of an emergency or unavoidable event that renders a location unavailable for use. Any181 changes that are made due to an emergency or unavoidable event after a notice of a182 location has been published shall be published as soon as possible in the same manner set183 forth in this paragraph."184 SECTION 10.185 Said chapter is further amended by revising Code Section 21-2-4 21, relating to posting of186 required information after closing of polls and reporting to Secretary of State, as follows:187 "21-2-421.188 (a) As soon as possible but not later than 11:59 P.M. following the close of the polls on189 the day of a primary, election, or runoff, the election superin tendent shall report to the190 Secretary of State and post in a prominent public place the Secretary shall post on the191 Secretary's website the following information:192 (1) The number of ballots cast at the polls on the day of the primary, election, or runoff,193 including provisional ballots cast;194 (2) The number of ballots cast at advance voting locations dur ing the advance voting195 period for the primary, election, or runoff; and196 - 8 - 26 LC 47 4149S (3) The total number of absentee ballots returned to the board of registrars by the197 deadline to receive such absentee ballots on the day of the primary, election, or runoff;198 and199 (4) An enumerated list of electors who cast ballots during suc h primary, election, or200 runoff.201 (b) Upon the completion of the report provided for in subsection (a) of this Code section,202 the election superintendent shall compare the total number of ballots received as reported203 in subsection (a) of this Code section and the counting of the ballots in the primary,204 election, or runoff minus any rejected and uncured absentee ballots, uncounted provisional205 ballots, and any other uncounted ballots, with the total number of ballots cast in the206 primary, election, or runoff. The results of such comparison and all explanatory materials207 shall be reported to the Secretary of State. The reason for any discrepancy shall be fully208 investigated and reported to the Secretary of State.209 (c) The Secretary of State shall maintain an archival database of the lists of electors210 required by paragraph (4) of subsection (a) of this Code sectio n, and such lists shall be211 added to such database within one hour of being received and shall remain unchanged once212 placed in such database."213 SECTION 11.214 Said chapter is further amended by revising Code Section 21-2-481, relating to design, size,215 and stock of ballots, as follows:216 "21-2-481.217 Ballots in a precinct using optical scanning voting equipment shall be of suitable design,218 size, and stock to permit processing by a tabulating machine and shall be printed in black219 ink on white or colored material. A serially numbered strip shall be attached to each ballot220 to be counted by a central count tabulator in the same form as required by Code221 Section 21-2-372."222 - 9 - 26 LC 47 4149S SECTION 12.223 Said chapter is further amended in Code Section 21-2-493, relat ing to computation,224 canvassing, and tabulation of returns, investigation of discrepancies in vote counts, recount225 procedure, posting of digital images of scanned paper ballots, certification of returns, and226 change in returns, by revising subsections (c), (e), (g), (j.1), and (j.2) as follows:227 "(c) In precincts in which paper ballots or optical scanning voting systems have been used,228 the superintendent may require the production of the ballot box and the recount of the229 ballots contained in such ballot box, either generally or respe cting the particular office,230 nomination, or question as to which the excess exists, in the d iscretion of the231 superintendent, and may require the correction of the returns in accordance with the result232 of such recount. If the ballot box is found to contain more ballots than there are electors233 registered in such precinct or more ballots than the number of voters who voted in such234 precinct at such primary or election, the superintendent may, i n his or her discretion,235 exclude the poll of that precinct, either as to all offices, candidates, questions, or parties and236 bodies or as to any particular offices, candidates, questions, or parties and bodies, as to237 which such excess exists."238 "(e) In precincts in which paper ballots or optical scanning voting systems have been used,239 the general returns made by the poll officers from the various precincts shall be read one240 after another in the usual order, slowly and audibly, by one of the assistants who shall, in241 each case of a return from a precinct in which ballots were used, read therefrom the number242 of ballots issued, spoiled, canceled, and cast, respectively, whereupon the assistant having243 charge of the records of the superintendent showing the number of ballots furnished for244 each precinct, including the number of stubs, where used, and unused ballots and spoiled245 and canceled ballots returned, shall publicly announce the number of the same respectively;246 and, unless it appears by such number or calculations therefrom that such records and such247 - 10 - 26 LC 47 4149S general return correspond, no further returns shall be read fro m the latter until all248 discrepancies are explained to the satisfaction of the superintendent."249 "(g) In precincts in which paper ballots or optical scanning voting systems have been used,250 when the records agree with such returns regarding the number of ballots and the number251 of votes recorded for each candidate, such votes for each candi date shall be read by an252 assistant slowly, audibly, and in an orderly manner from the general return which has been253 returned unsealed; and the figures announced shall be compared by other assistants with254 the general return which has been returned sealed. The figures announced for all precincts255 shall be compared by one of the assistants with the tally paper s from the respective256 precincts. If any discrepancies are discovered, the superintendent shall examine all of the257 return sheets, tally papers, and other papers in his or her pos session relating to the same258 precinct. If the tally papers and sealed general return sheet agree, the unsealed general259 return shall be immediately corrected to conform thereto. In e very other case the260 superintendent shall immediately cause the ballot box of the precinct to be opened and the261 vote therein to be recounted in the presence of interested cand idates or their262 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 e263 superintendent may summon the poll officers to appear immediate ly with all election264 papers in their possession."265 "(j.1) The Secretary of State shall create and maintain a state-wide program for the posting266 of digital images of the scanned paper ballots created by the voting system. All such scans267 shall have a resolution of no less than 200 dots per inch. Such posted scans shall include268 the authentication files for such scans, and such scans shall be posted by precinct for each269 county. Digital images of the scanned ballots created as part of the preliminary tabulation270 process, cast vote records, security logs, and system log files of central tabulators shall be271 posted no later than 5:00 P.M. on the second Friday following the day of the election, and272 such postings shall be supplemented by the posting of any additional ballot images created273 in the tabulation process through final certification of such election.274 - 11 - 26 LC 47 4149S (j.2)(1) In On or after January 1, 2025, in the event that a superintendent receives a request275 pursuant to Code Section 50-18-71 for scanned ballot images at a resolution higher than276 the ballot images available from the Secretary of State pursuant to subsection (j.1) of this277 Code section, and such request is received following the final certification of the results of278 the election in which such ballots were created, the superinten dent shall, consistent with279 Code Section 50-18-71, produce digital scans of the requested ballots at a resolution of no280 less than 600 dots per inch and deliver such scans to the requestor; provided, however, that281 the superintendent shall not be authorized to charge any fee au thorized by Code Section282 50-18-71 for such request . A person making a request pursuant to this subsection may283 observe the scanning and related handling process, but under no circumstances shall284 anyone other than an authorized election official touch or handle a physical ballot. In no285 event shall the superintendent take more than 30 days from the date of request to deliver286 such request to the requestor.287 (2) Notwithstanding any seal provided for by Code Section 21-2 -500, a superintendent288 shall have access to the ballots cast within its jurisdiction s o as to comply with the289 provisions of this subsection. Upon receiving a request pursua nt to this subsection, the290 superintendent shall notify the clerk of the superior court or, if designated by the clerk of291 the superior court, the county records manager or other office or official under the292 jurisdiction of a county governing authority which maintains or is responsible for293 maintaining such sealed ballots, and such official or office that maintains such requested294 ballot shall provide the superintendent access to such ballot without the need for obtaining295 a court order. All ballots provided to a superintendent pursuant to this paragraph shall be296 immediately returned by such superintendent to the official or office that maintains such297 ballots upon the scanning of such ballot."298 - 12 - 26 LC 47 4149S SECTION 13.299 Said chapter is further amended in Code Section 21-2-495, relating to procedure for recount300 or recanvass of votes, losing candidate’s right to a recount, a nd rules and regulations, by301 revising subsection (c) as follows:302 "(c)(1) Whenever the difference between the number of votes rec eived by a candidate303 who has been declared nominated for an office in a primary elec tion or who has been304 declared elected to an office in an election or who has been declared eligible for a run-off305 primary or election and the number of votes received by any oth er candidate or306 candidates not declared so nominated or elected or eligible for a runoff shall be not more307 than one-half of 1 1 percent of the total votes which were cast for such office therein, any308 such candidate or candidates receiving a sufficient number of votes so that the difference309 between his or her vote and that of a candidate declared nominated, elected, or eligible310 for a runoff is not more than one-half of 1 1 percent of the total votes cast, within a period311 of two business days following the certification of the election results, shall have the right312 to a recount of the votes cast, if such request is made in writing by the losing candidate. 313 If the office sought is a federal or state office voted upon by the electors of more than one314 county, the request shall be made to the Secretary of State who shall direct that the315 recount be performed in all counties in which electors voted for such office and notify the316 superintendents of the several counties involved of the request . In all other cases, the317 request shall be made to the superintendent. The superintendent or superintendents shall318 order a recount of such votes to be made immediately. If, upon such recount, it is319 determined that the original count was incorrect, the returns and all papers prepared by320 the superintendent, the superintendents, or the Secretary of St ate shall be corrected321 accordingly and the results recertified.322 (2) Whenever the difference between the number of votes for approval or rejection of a323 constitutional amendment or binding referendum question shall be not more than one-half324 of 1 1 percent of the total votes which were cast on such amendment or question therein,325 - 13 - 26 LC 47 4149S within a period of two business days following the certification of the election results, the326 Constitutional Amendments Publication Board shall be authorized in its discretion to call327 for a recount of the votes cast with regard to such amendment or question. In the case of328 a constitutional amendment or state-wide referendum question or a question voted upon329 by the electors of more than one county, the board shall direct the Secretary of State to330 cause a recount to be performed with regard to such amendment o r question in all331 counties involved and notify the superintendents of the recount. In the case of questions332 voted upon by the electors of only one county or municipality, the board shall direct the333 Secretary of State to cause a recount to be conducted by the co unty or municipality334 involved and the Secretary of State shall notify the superinten dent involved of the335 recount. Upon notification, the superintendent or superintendents shall order a recount336 of such votes to be made immediately. If, upon such recount, i t is determined that the337 original count was incorrect, the returns and all papers prepared by the superintendent,338 the superintendents, or the Secretary of State shall be correct ed accordingly and the339 results recertified.340 (3) Any recount pursuant to this subsection shall be conducted using a manual hand341 count of all ballots cast in such primary or election."342 SECTION 14.343 Said chapter is further amended by revising Code Section 21-2-4 98, relating to344 precertification tabulation audits and risk-limiting audits, as follows:345 "21-2-498.346 (a) As used in this Code section, the term:347 (1) 'Incorrect outcome' means the winner of a contest or the a nswer to a proposed348 constitutional amendment or question would be different from th e results found in a349 manual recount of paper official ballots.350 - 14 - 26 LC 47 4149S (2) 'Risk limit' means the largest statistical probability that an incorrect outcome is not351 detected or corrected in a risk-limiting audit; provided, howev er, that such probability352 does not exceed:353 (A) Eight percent in 2024;354 (B) Six percent in 2026; and355 (C) Five percent or less in 2028 and thereafter.356 (3) 'Risk-limiting audit' means an audit protocol that makes use of statistical methods and357 is designed to limit to acceptable levels the risk of certifyin g a preliminary election358 outcome that constitutes an incorrect outcome.359 (4) 'Selected contests' means:360 (A) The contest at the top of a ballot; and361 (B) If the following races are on a ballot, one contest from t he following races as362 selected pursuant to subsection (d) of this Code section: Unite d States Senate,363 Governor, Lieutenant Governor, Secretary of State, Attorney Gen eral, State School364 Superintendent, Commissioner of Insurance, Commissioner of Agri culture,365 Commissioner of Labor, Supreme Court Justice, Judge of the Cour t of Appeals, or366 Public Service Commissioner, provided that such selected contest is not the race at the367 top of the ballot.368 (b) Local election superintendents shall conduct precertificat ion risk-limiting audits on369 selected contests following any election, special election, election runoff, special election370 runoff, primary, special primary, primary runoff, or special pr imary runoff with on the371 following contests, if any such contest is on the ballot: presidential, United States Senate372 Senator, or state-wide contests United States Representative, Governor, Lieutenant373 Governor, Secretary of State, and Attorney General in accordance with requirements set374 forth by rule or regulation of the State Election Board. Audits performed under this Code375 section shall, at the discretion of the superintendent, be conducted by manual inspection376 of random samples of the paper official ballots or all ballots cast in such election.377 - 15 - 26 LC 47 4149S (c) In conducting each audit, the local election superintendents shall:378 (1) Complete the audit prior to final certification of the contests;379 (2) Ensure that all types of ballots are included in the audit, whether cast in person, by380 absentee ballot, advance voting, provisional ballot, or otherwise;381 (3) Provide a report of the unofficial final tabulated vote re sults for the contests to the382 public prior to conducting the audit;383 (4) Complete the audit in public view while also allowing the audit to be monitored by384 credentialed poll watchers who are close enough to see and hear the process and view the385 tally sheets; and386 (5) Provide details of the audit to the public within 48 hours of completion.387 (d) In the event that multiple qualified races are on a ballot, one race in addition to the race388 at the top of the ballot shall be selected as a selected contest for auditing pursuant to this389 Code section. The additional selected contest shall be selecte d by majority vote of the390 Governor, Lieutenant Governor, and the Speaker of the House of Representatives, the391 minority leader of the Senate, and the minority leader of the H ouse of Representatives;392 provided, however, that, in the event that a majority vote cannot be obtained by 11:00 A.M.393 on the Thursday immediately following the election, special ele ction, election runoff,394 special election runoff, primary, special primary, primary runoff, or special primary runoff,395 the additional selected contest shall be selected by the chairp erson of the State Election396 Board. The selection vote required by this subsection does not need to occur in person;397 such vote may be accomplished telephonically, virtually, or via written or electronic398 correspondence.399 (e) The State Election Board shall be responsible for overseeing the administration of this400 Code section by election superintendents and shall be authorized to promulgate rules,401 regulations, and procedures to implement and administer the pro visions of this Code402 section. The procedures prescribed by the State Election Board shall include security403 procedures to ensure that collection of validly cast ballots is complete, accurate, and404 - 16 - 26 LC 47 4149S trustworthy throughout the audit. The Secretary of State shall have no role in conducting,405 overseeing, or administering the provisions of this Code section, unless requested by the406 State Election Board.407 (f)(e) Nothing in this Code section shall prevent an election superi ntendent from408 conducting tabulation or risk-limiting audits in additional contests if circumstances warrant409 the auditing of one or more additional contests than those required by this Code section."410 SECTION 15.411 All laws and parts of laws in conflict with this Act are repealed.412 - 17 -
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