Georgia Commons

Title 21. ELECTIONS

Chapter 2. ELECTIONS AND PRIMARIES GENERALLY

381 sections · 21-2-1 to 21-2-604

Article 1. GENERAL PROVISIONS

  1. 21-2-1Short title; references to Chapter 3 of Title 21 or the municipal election code.
  2. 21-2-2Definitions.
  3. 21-2-3Telephone hotline for electors reporting voter intimidation or illegal election activities.
  4. 21-2-4Preparation, publicizing, and distributing of summary of constitutional amendments.
  5. 21-2-4.1Continuation in office, dismissal, or appointment of members of constitutional or statutory boards or bodies for which membership based on residency within congressional district.Repealed
  6. 21-2-5Qualifications of candidates for federal and state office; determination of qualifications.
  7. 21-2-6Qualifications of candidates for county and municipal office; determination of qualifications.
  8. 21-2-7Eligibility of subversive persons for nomination or election to public office.
  9. 21-2-8Eligibility for party nomination, public office, or performance of certain official acts of persons convicted and sentenced for certain crimes; illegally holding any public funds; effect of disqualification of superintendent.
  10. 21-2-9Date of election for offices.
  11. 21-2-10Election of presidential electors.
  12. 21-2-11Performance of duties by presidential electors.
  13. 21-2-12Procedure for filling presidential elector vacancies.
  14. 21-2-13Compensation of presidential electors; payment of expenses of electoral college.
  15. 21-2-14Computation of time as to exercise of privilege or discharge of duty under chapter.
  16. 21-2-15Applicability of chapter.
  17. 21-2-16Construction of chapter.
  18. 21-2-17Designation of candidate’s chief deputy clerk in elections for clerk of state court of certain counties.
  19. 21-2-18Payment for costs of elections; no solicitation of additional funding.
  20. 21-2-19Conflict of interest for election officers, officials, and employees regarding providers of voting equipment goods and services.

Article 2. SUPERVISORY BOARDS AND OFFICERS · Part 1. STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION

  1. 21-2-30Creation; membership; terms of service; vacancies; quorum; bylaws; meetings; executive director.
  2. 21-2-31Duties.
  3. 21-2-32Institution of and intervention in court actions; procedures; appellate review.
  4. 21-2-33Hearings before board.
  5. 21-2-33.1Enforcement of chapter; suspension of election superintendents; support and assistance from the Secretary of State.
  6. 21-2-33.2Extraordinary relief; hearings; suspension and reinstatement of superintendents; litigation expenses.
  7. 21-2-34Compensation and expenses of members.
  8. 21-2-35Emergency rules and regulations; imminent peril requirement; procedures.
  9. 21-2-36Notification of proposed consent agreement, settlement, or consent order.
  10. 21-2-40Creation of county board of elections and county board of elections and registration.
  11. 21-2-40.1Boards of elections and registration in counties where the probate court judge serves as the election superintendent.
  12. 21-2-45Creation of joint county-municipal board of elections and board of elections and registration.
  13. 21-2-45.1Special elections on bonded debt; publication; date; discount.

Article 2. SUPERVISORY BOARDS AND OFFICERS · Part 2. SECRETARY OF STATE

  1. 21-2-50Powers and duties; prohibition against serving in fiduciary capacity.
  2. 21-2-50.1Postponement and extension of qualifying periods for elections for public office during state of emergency; limitation.
  3. 21-2-50.2Obligations of the state under the federal Help America Vote Act of 2002.
  4. 21-2-51Opening of election records to members of public.
  5. 21-2-52Preservation of primary and election records.

Article 2. SUPERVISORY BOARDS AND OFFICERS · Part 3. SUPERINTENDENTS

  1. 21-2-70Powers and duties.
  2. 21-2-70.1Municipal superintendents.
  3. 21-2-71Payment by county or municipality of superintendent’s expenses; study and report on acceptance and equitable distribution of donations.
  4. 21-2-72Primary and election records to be open to public.
  5. 21-2-73Preservation of primary and election records.
  6. 21-2-74Creation of board to assume duties of superintendent in counties without a board of elections and in which judge of probate court is candidate for public office.Repealed
  7. 21-2-74.1Acting election superintendent during vacancy.Repealed
  8. 21-2-75Eligibility of persons holding elective public office, or office in political party, to serve on county board of elections.
  9. 21-2-76Eligibility of person to serve as county election superintendent.
  10. 21-2-77Electronic election returns.
  11. 21-2-78Eligibility of person to undertake any election related duties.

Article 2. SUPERVISORY BOARDS AND OFFICERS · Part 4. POLL OFFICERS

  1. 21-2-90Appointment of chief manager and assistant managers.
  2. 21-2-91Appointment of clerks.
  3. 21-2-92Qualifications of poll officers; service during municipal election or primary; Student Teen Election Participant (STEP) program.
  4. 21-2-93Oath of office for managers and clerks.
  5. 21-2-94Form of manager’s oath.
  6. 21-2-95Form of clerk’s oath.
  7. 21-2-96Administration of oaths by managers.
  8. 21-2-97Identification badges for poll officers.
  9. 21-2-98Compensation of poll officers.
  10. 21-2-99Instruction of poll officers and workers in election procedures.
  11. 21-2-100Training of local election officials.
  12. 21-2-101Certification program for county and municipal election superintendents or election board designee; waiver of certification; failure to comply; remedial training; regulatory authority.

Article 2. SUPERVISORY BOARDS AND OFFICERS · Part 5. LOCAL ELECTION OFFICIALS

  1. 21-2-105Local election official defined.
  2. 21-2-106Performance review of local election official; role of performance review board; findings as grounds for removal.
  3. 21-2-107Authority of State Election Board to appoint independent performance review board; operation and reporting.
  4. 21-2-108Promulgation of rules and regulations.

Article 3. REGISTRATION OF AND COMMITTEE ORGANIZATION OF POLITICAL PARTIES AND BODIES

  1. 21-2-110Filing of registration statements by political parties or bodies; amendments; filing fees; failure to file.
  2. 21-2-111Establishment of state and county executive committees; membership and officers; duties; applicability of chapter to persons seeking party office in a primary.
  3. 21-2-112Hearings before state committee; suspension of powers and duties of county committee; delegation of powers by state committee.
  4. 21-2-113Chief executive and county executive committees.

Article 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS · Part 1. GENERAL PROVISIONS

  1. 21-2-130Procedures for qualification of candidates generally.
  2. 21-2-131Fixing and publishing of qualification fees; manner of payment; distribution of fees paid.
  3. 21-2-132Filing notice of candidacy, nomination petition, and affidavit; reopening qualifying period; payment of qualifying fee; pauper’s affidavit and qualifying petition for exemption from qualifying fee.
  4. 21-2-132.1Certification of presidential electors for independent candidate for President or Vice President of the United States; qualification.
  5. 21-2-133Giving notice of intent of write-in candidacy; filing of affidavit; limitations on candidacy; certification of candidates.
  6. 21-2-134Withdrawal, death, or disqualification of candidate for office; return of qualifying fee; nomination certificate.
  7. 21-2-135Designation of specific office sought where office has multiple officeholders with same title.
  8. 21-2-136Restriction on number of offices for which an individual may be nominated or be a candidate at any one election.
  9. 21-2-137Qualifying with two political parties; qualifying as independent or political body candidate and as political party candidate.
  10. 21-2-138Nonpartisan elections for judicial offices.
  11. 21-2-139Nonpartisan elections authorized; conduct.
  12. 21-2-140Mandatory drug testing for candidates.Repealed

Article 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS · Part 2. POLITICAL PARTY AND NONPARTISAN PRIMARIES

  1. 21-2-150Date of general primary.
  2. 21-2-151Conduct of political party primaries.
  3. 21-2-152Conduct of primaries generally; run-off primary.
  4. 21-2-153Qualification of candidates for party nomination in a state or county primary; posting of list of all qualified candidates; filing of affidavit with political party by each qualifying candidate; performance of military service does not create vacancy.
  5. 21-2-153.1Qualification of candidates for party nomination in a municipal primary; unopposed candidates; filing of affidavit with political party; posting of list of all qualified candidates.
  6. 21-2-154Certification of political party candidates.
  7. 21-2-155Reopening of qualification for office in event of candidate’s death or withdrawal of incumbent who qualified as candidate prior to political party primary.
  8. 21-2-156Payment of primary expenses.
  9. 21-2-157Municipal nonpartisan primary; qualifying as a candidate; payment of expenses.
  10. 21-2-158Unopposed candidate failing to receive a single vote.

Article 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS · Part 3. NOMINATION AND QUALIFICATION OF INDEPENDENT CANDIDATES, CANDIDATES OF POLITICAL BODIES, AND PRESIDENTIAL ELECTORS

  1. 21-2-170Nomination of candidates by petition; form of petition; signatures; limitations as to circulation and amendment of petitions; listing of such candidates on ballots; charter or ordinance authorization.
  2. 21-2-171Examination of petitions; basis for grant or denial of filing; review and appeal of denial.
  3. 21-2-172Nomination of presidential electors and candidates of political bodies by convention.

Article 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS · Part 4. NOMINATION OF CANDIDATES OF POLITICAL BODIES FOR STATE-WIDE PUBLIC OFFICE BY CONVENTION

  1. 21-2-180Manner of qualification.
  2. 21-2-181Filing of petitions generally.
  3. 21-2-182Contents of petitions; signatures.
  4. 21-2-183Form of petitions; affidavits of circulators.
  5. 21-2-184Restriction on amendment or supplementation.
  6. 21-2-185Filing deadline.
  7. 21-2-186Examination of petitions; judicial review.
  8. 21-2-187Holding of conventions; filing notice of candidacy.

Article 5. PRESIDENTIAL PREFERENCE PRIMARY

  1. 21-2-190Short title.
  2. 21-2-191Parties entitled to hold primaries; dates; decision to elect delegates to presidential nominating convention in primary; qualifying periods for candidates for delegate.
  3. 21-2-192Proclamation by Governor; copies of proclamation transmitted to superintendents.
  4. 21-2-193List of names of candidates to appear on ballot; publication of list.
  5. 21-2-194Procedure for withdrawal of candidates.Reserved
  6. 21-2-195Procedures by which delegates and alternates to national nominating conventions selected.
  7. 21-2-196Qualification oath of delegates and alternates to national convention.
  8. 21-2-197Effect of withdrawal of presidential candidate.
  9. 21-2-198Assessment of qualifying fee for candidates listed on presidential preference primary ballot.
  10. 21-2-199Election of political party committee members or officers at primary.
  11. 21-2-200Applicability of general primary provisions; form of ballot.

Article 6. REGISTRATION OF VOTERS

  1. 21-2-210Secretary of State deemed the chief state election official.
  2. 21-2-211List of registered electors; provision of equipment to access and utilize list.
  3. 21-2-212County registrars; appointment; certification; term of service; vacancies; compensation and expenses of chief registrar, registrars, and other officers and employees; budget estimates.
  4. 21-2-213County deputy registrars; clerical help; appointment of county officer or employee as chief deputy registrar.
  5. 21-2-213.1Monthly contingent expense allowance for the operation of the office of the board of registrars.
  6. 21-2-214Qualifications of registrars and deputy registrars; prohibited political activities; oath of office; privilege from arrest; duties conducted in public.
  7. 21-2-215Main office of board of registrars; location; business hours; additional registration places; educators to serve as deputy registrars; training; registration cards and papers.
  8. 21-2-216Qualifications of electors generally; reregistration of electors purged from list; eligibility of nonresidents who vote in presidential elections; retention of qualification for standing as elector; evidence of citizenship; check of convicted felons and deceased persons databases.
  9. 21-2-217Rules for determining residence.
  10. 21-2-218Cancellation of registration in former state or county; address changes and corrections.
  11. 21-2-219Registration cards; form; registration by members of armed forces or merchant marine and permanent overseas citizen; Secretary of State to provide information regarding registration and absentee ballot procedures; reports regarding absentee ballots.
  12. 21-2-220Application for registration; identification requirement; rejection for failure to provide required information or for submission of false information; aid to disabled or illiterate.
  13. 21-2-220.1Required documentation for voter registration.
  14. 21-2-221Driver’s license or identification card application as application for voter registration.
  15. 21-2-221.1Voter registration incorporated into resident hunting, fishing, or trapping license; design of forms; record keeping; opting out by businesses selling alcohol for on-premises consumption.
  16. 21-2-221.2Voter registration application for electronic voter registration.
  17. 21-2-222Designated voter registration agencies and offices; definitions; duties of agencies and offices.
  18. 21-2-223Mail voter registration application forms.
  19. 21-2-224Registration deadlines; restrictions on voting in primaries; official list of electors; voting procedure when portion of county changed from one county to another.
  20. 21-2-225Restrictions on public inspection of applications for voter registration and data on electors; membership of Secretary of State in nongovernmental entity for purpose of improving voter registration systems.
  21. 21-2-225.1Confidentiality of address of registered electors; term of request; procedure.
  22. 21-2-226Duties of county board in determining eligibility of voters; maps of municipal boundaries; notice of ineligibility; issuance of registration cards; reimbursement for postage cost.
  23. 21-2-227Duty of registrars to furnish list of electors for elections held in governmental subdivisions.
  24. 21-2-228Examination of electors’ qualifications; subpoenas; notice and hearing; right of appeal.
  25. 21-2-229Challenge of applicant for registration by other electors; notice and hearing; right of appeal; sanctions for board’s noncompliance.
  26. 21-2-230Challenge of persons on list of electors by other electors; procedure; hearing; right of appeal.
  27. 21-2-231Identification of convicted felons, noncitizens, persons declared mentally incompetent, and deceased persons and process for removal of such persons from list of electors; inactive voter list.
  28. 21-2-232Removal of elector’s name from list of electors.
  29. 21-2-233Comparison of change of address information supplied by United States Postal Service with electors list; removal from list of electors; notice to electors.
  30. 21-2-234Electors who have failed to vote and with whom there has been no contact in five years; confirmation notice requirements and procedure; time for completion of list maintenance activities.
  31. 21-2-235Inactive list of electors.
  32. 21-2-236Periods of retention of registration cards, applications, and records of list maintenance activities; rules and regulations regarding safekeeping and maintenance of electronic records.

Article 7. PRECINCTS AND POLLING PLACES

  1. 21-2-260Designation of precincts.
  2. 21-2-261Change in boundaries of precinct; creation of new precincts.
  3. 21-2-261.1Boundary requirements for precincts.
  4. 21-2-262Investigation as to division, redivision, alteration, formation, or consolidation of precincts; petition of electors or board of registrars.
  5. 21-2-263Reduction in size of, or provision of additional voting equipment or poll workers to, precincts containing more than 2,000 electors when voting in such precincts at previous general election not completed one hour after closing of polls.
  6. 21-2-264Reimbursement of counties and municipalities for costs incurred pursuant to alteration of precinct boundaries.
  7. 21-2-265Selection of polling places; change; notice; objection; facilities for disabled voters; selection of polling places outside precinct; restriction on changes close to election date.
  8. 21-2-266Polling places and advance voting locations — Use of public buildings; use of portable or movable facilities; unrestricted access to residential communities.
  9. 21-2-267Polling places — Equipment; arrangement; storage.
  10. 21-2-268Compensation for rent, heat, light, and janitorial services.
  11. 21-2-269Construction of rooms for use as temporary polling places.
  12. 21-2-270County-wide polling place in certain run-off primaries.

Article 8. VOTING BY BALLOT

  1. 21-2-280Requirement as to conduct of primaries and elections by ballot; requirement as to use of official ballots only.
  2. 21-2-281Voting by paper ballot when use of voting equipment impossible or impracticable.
  3. 21-2-282Voting by paper ballot when use of vote recorders impossible or impracticable.Reserved
  4. 21-2-283Printing and safekeeping of ballots and labels by superintendent.
  5. 21-2-283.1Ballot proof check and review procedures.
  6. 21-2-284Form of official primary ballot; attestation regarding receiving value in exchange for vote.
  7. 21-2-284.1Nonpartisan municipal primary ballot form.
  8. 21-2-285Form of official election ballot; attestation on receipt of benefit in exchange for vote; when an election is not required.
  9. 21-2-285.1Nonpartisan elections ballot form; run-off election; declaration of prevailing candidate as duly elected.
  10. 21-2-286Printing specifications, numbering, and binding of ballots.
  11. 21-2-287Form of absentee ballot.
  12. 21-2-288Procedure as to printing of ballots when candidates for same nomination or office have same or similar names.
  13. 21-2-289Printing on ballots of names of substitute candidates.
  14. 21-2-290Superintendent to provide number of ballots equal to number of registered electors in precinct.
  15. 21-2-291Procedure as to unopposed candidates.
  16. 21-2-292Duty of superintendent to have forms of ballots on file for public inspection prior to election.
  17. 21-2-293Correction of mistakes and omissions on ballot.
  18. 21-2-294Responsibility of superintendent for recording number of ballots furnished and number of stubs, unused ballots, and canceled ballots returned.

Article 8A. STATE-WIDE VOTING EQUIPMENT

  1. 21-2-300Provision of new voting equipment by state; uniform system using ballot scanners; pilot programs; county obligations; use of physical ballots.
  2. 21-2-301Pilot program; testing and evaluation of electronic voting systems; creation of Twenty-first Century Voting Commission.Repealed

Article 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY · Part 1. GENERAL PROVISIONS

  1. 21-2-310Definitions.

Article 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY · Part 2. VOTING MACHINES

  1. 21-2-320Power of municipal governing authority to authorize use of and to procure voting machines.
  2. 21-2-321Referendum on question of use of voting machines.
  3. 21-2-322General requirements as to voting machines.
  4. 21-2-323Installation of voting machines; discontinuance of use of paper ballots; minimum number; different types; requirements as to working order and capacity.
  5. 21-2-324Examination and approval of voting machines by Secretary of State; appointment and compensation of examiners; revocation of approval; written verification and certification prior to election or primary; penalties; conflicts of interest.
  6. 21-2-325Form of ballot labels generally.
  7. 21-2-325.1Candidates with same or similar names.
  8. 21-2-326Unofficial ballot labels.
  9. 21-2-327Preparation of voting machines; custodians and their deputies; inspection; furnishing of supplies.
  10. 21-2-328Delivery, set up, and sealing of properly furnished voting machines prior to primary or election; protection of voting machines against molestation or injury.
  11. 21-2-329Delivery of voting machine keys to chief manager.
  12. 21-2-330Public exhibition of and instruction on sample voting machine.
  13. 21-2-331Designation and compensation of custodians of voting machines and keys; storage of voting machines when not in use.
  14. 21-2-332Use of portable polling facilities.
  15. 21-2-333Responsibility of municipal governing authority to provide for payment for voting machines; issuance of bonds or other indebtedness to meet costs.
  16. 21-2-334Voting by paper ballot when use of voting machine impossible or impracticable.

Article 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY · Part 3. VOTE RECORDERS AND TABULATING MACHINES

  1. 21-2-350 to 21-2-364(no catchline printed)Reserved

Article 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY · Part 4. OPTICAL SCANNING VOTING SYSTEMS

  1. 21-2-365Requirements for use of optical scanning voting systems.
  2. 21-2-366Authorization for utilization of optical scanning systems.
  3. 21-2-367Installation of systems; number of systems; good working order.
  4. 21-2-368Review of manufacturer’s systems by Secretary of State; appointment and compensation of examiners; revocation of approval; written verification and certification prior to election or primary; penalties; conflicts of interest.
  5. 21-2-369Printing of ballots; arrangement.
  6. 21-2-369.1Candidates with similar names.
  7. 21-2-370Separate optical scanners for primary elections.Reserved
  8. 21-2-371Unofficial ballots; out-of-order systems.
  9. 21-2-372Ballot description; watermark required.
  10. 21-2-373Write-in votes; secrecy.
  11. 21-2-374Proper programming; proper order; testing; supplies.
  12. 21-2-375Delivery of equipment to polling places; protection for equipment; required accessories.
  13. 21-2-376Demonstration of equipment.
  14. 21-2-377Custody and storage when not in use.
  15. 21-2-378Payment for systems.
  16. 21-2-379Arrangements for appropriate ballots when use of optical scanning voting systems impracticable.

Article 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY · Part 5. ELECTRONIC RECORDING VOTING SYSTEMS

  1. 21-2-379.1Requirements for use of direct recording electronic voting systems.
  2. 21-2-379.2Review of manufacturer’s recording electronic voting system by Secretary of State; appointment and compensation of examiners; revocation of approval; penalties; conflicts of interest.
  3. 21-2-379.3State furnishing direct recording voting systems; purchase by municipalities or counties.
  4. 21-2-379.4Ballot appearance; write in votes on DRE systems.
  5. 21-2-379.5Ballot information.
  6. 21-2-379.6Maintenance of voting systems and supplies.
  7. 21-2-379.7Preparation of polling places.
  8. 21-2-379.8Public exhibition of voting system and sample ballot.
  9. 21-2-379.9Storage of voting equipment.
  10. 21-2-379.10Procedure for electors.
  11. 21-2-379.11Procedure for tabulation of votes.

Article 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY · Part 6. ELECTRONIC BALLOTING

  1. 21-2-379.21Access to optical scanning voting systems for disabled.
  2. 21-2-379.22Requirements for electronic ballot marking.
  3. 21-2-379.23Requirements for ballot display; official ballot for vote tabulation, recount, and audit.2 versions
  4. 21-2-379.24Examination of electronic ballot markers; revocation of approval; penalty to vendors for inappropriate sale; improvements or changes to devices; prohibition on pecuniary interest; limitation on public inspection.
  5. 21-2-379.25Programming for ballot design and style; verification; appointment of custodians; role of custodians; testing of electronic ballot marker; public notice of testing.
  6. 21-2-379.26Storage of equipment.

Article 10. ABSENTEE VOTING

  1. 21-2-380“Absentee elector” defined; when reason for absentee ballot not required.
  2. 21-2-380.1Appointment of absentee ballot clerk.
  3. 21-2-381Making of application for absentee ballot; determination of eligibility by ballot clerk; furnishing of applications to colleges and universities; persons entitled to make application.
  4. 21-2-381.1Procedures for voting with special write-in absentee ballots by qualified absentee electors.
  5. 21-2-381.2State write-in absentee ballot for certain electors.
  6. 21-2-382Additional buildings as additional registrar’s office or place of registration for receiving absentee ballots and for advance voting; drop boxes.
  7. 21-2-383Preparation and delivery of ballots; form of ballots; casting ballot in person using DRE unit; casting ballot in person or as absentee using electronic ballot markers.
  8. 21-2-384Preparation and delivery of supplies; mailing of ballots; oath of absentee electors and persons assisting absentee electors; master list of ballots sent; challenges; special absentee run-off ballots; electronic transmission of ballots.
  9. 21-2-385Procedure for voting by absentee ballot; advance voting.
  10. 21-2-385.1Preferential treatment for older and disabled voters.
  11. 21-2-386Procedures regarding absentee ballots.
  12. 21-2-387Pilot program for electronic handling of absentee ballots; requirements; reporting; termination.
  13. 21-2-388Cancellation of absentee ballots of electors who are present in election precinct during primaries and elections.
  14. 21-2-389Payment of postage for mailing absentee ballots.
  15. 21-2-390Delivery of election materials to clerk of superior court or city clerk; accounting for ballots; inspection and audit of information contained in absentee ballot applications or envelopes.

Article 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS · Part 1. GENERAL PROVISIONS

  1. 21-2-400Duty of superintendent to obtain cards of instruction, blank forms of oaths, and other forms and supplies; preparation and distribution of sample or facsimile ballot labels.
  2. 21-2-401Delivery of forms and supplies to precincts; distribution of copy of certified electors list; contents of list; authentication; return receipts; master list of county or municipal electors; items to be provided at polling place.
  3. 21-2-402Voter’s certificates; preparation, forms, and procedures.
  4. 21-2-403Time for opening and closing of polls; extended poll hours.
  5. 21-2-404Affording employees time off to vote.
  6. 21-2-405Poll officers; arrival at precinct; failure to appear; custodians of voting materials.
  7. 21-2-406Public performance of duties by officials.
  8. 21-2-407Duty of registrars to review qualifications of electors who may have been erroneously omitted from list of electors; authority to place such electors on the list.
  9. 21-2-408Poll watchers; designation; duties; removal for interference with election; reports of infractions or irregularities; ineligibility of candidates to serve; training.
  10. 21-2-409Assisting electors who cannot read English or who have disabilities.
  11. 21-2-409.1Voting by electors who are 75 years of age or older or disabled electors without having to wait in line.
  12. 21-2-410Poll officers authorized to give instructions to electors upon request.
  13. 21-2-411Return of checked list of electors and voter’s certificates to superintendent; disposition of list and certificates by registrars.
  14. 21-2-412Duties of superior courts on days of primaries and elections.
  15. 21-2-413Conduct of voters, campaigners, and others at polling places generally.
  16. 21-2-414Restrictions on campaign activities, giving of food or water, and public opinion polling within the vicinity of a polling place; cellular phone use prohibited; prohibition of candidates from entering certain polling places.
  17. 21-2-415Requirements as to identification of campaign literature; unauthorized use of another’s name in connection with campaign material; penalty.Reserved
  18. 21-2-416Methods of casting ballots in elections utilizing paper ballots or vote recorders.Reserved
  19. 21-2-417Presentation of proper identification to poll workers; swearing of statement when unable to produce; use of provisional ballots; penalty for false swearing.
  20. 21-2-417.1Voter identification card.
  21. 21-2-418Provisional ballots.
  22. 21-2-419Validation of provisional ballots; reporting to Secretary of State.
  23. 21-2-420Procedure for counting and tabulation of ballots.
  24. 21-2-421Posting of required information after closing of polls; reporting to Secretary of State.

Article 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS · Part 2. PRECINCTS USING PAPER BALLOTS

  1. 21-2-430Opening of ballot boxes; destruction of irrelevant materials; locking of ballot box; public breaking of seals; instruction cards and notices of penalties.
  2. 21-2-431Execution of voter’s certificate; procedure upon qualification of elector; elector unable to sign name; voting outside precinct of residence; registration as prerequisite to voting.
  3. 21-2-432Voter’s certificate binder as official list of electors; preservation and disposition of refused applications.
  4. 21-2-433Admission of electors to enclosed space; detachment of ballots from stubs and distribution of ballots to electors; return of canceled ballots to superintendent.
  5. 21-2-434Restrictions as to removal of ballots from book or polling place; deposit of official ballots in box; disposition of unofficial ballots.
  6. 21-2-435Procedure as to marking and depositing of ballots.
  7. 21-2-436Duties of poll officers after the close of the polls.
  8. 21-2-437Procedure as to count and return of votes generally; void ballots.
  9. 21-2-438Ballots identifying voter, not marked, or improperly marked declared void.
  10. 21-2-439Decisions concerning questionable marks or defaced or mutilated ballots.
  11. 21-2-440Duty of poll officers to sign general returns; posting of copy of returns; delivery of copy of materials to superintendent.

Article 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS · Part 3. PRECINCTS USING VOTING MACHINES

  1. 21-2-450Opening of polls; procedure when ballot labels misplaced; certification by managers; machines to be locked until polls open; officers to be near machines; inspection of machines; broken machines.
  2. 21-2-451Execution of voter’s certificate; procedure upon qualification of elector; elector unable to sign name; voting outside of precinct of residence; registration prerequisite to voting.
  3. 21-2-452Admission of electors to enclosed space; voting procedure generally; procedure as to write-in votes; voting by electors whose right to vote is challenged; disabled voters.
  4. 21-2-453Voter’s certificate binder as constituting official list; separate preservation and return of refused applications.
  5. 21-2-454Duties of poll officers after the close of the polls.
  6. 21-2-455Canvass and return of votes.
  7. 21-2-456Form of general return sheet, duplicate return sheets, and statement; posting of vote results; delivery of documents to superintendent; seal and return of electors list upon completion of vote count and tabulation.
  8. 21-2-457Removal, storage, and examination of voting machines after completion of vote count.

Article 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS · Part 4. PRECINCTS USING VOTE RECORDERS

  1. 21-2-470 to 21-2-473(no catchline printed)Reserved

Article 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS · Part 5. PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT

  1. 21-2-480Caption for ballots; party designations; form and arrangement.
  2. 21-2-481Design, size, and stock of ballots.
  3. 21-2-482Absentee ballots for precincts using optical scanning voting equipment.
  4. 21-2-483Counting of ballots; public accessibility to tabulating center and precincts; execution of ballot recap forms; procedure for torn, bent, or otherwise defective ballots; preparation of duplicate ballots.
  5. 21-2-484Requirements for ballot recap form; delivery.
  6. 21-2-485Responsibilities of poll officers.
  7. 21-2-486Votes for write-in candidates.

Article 12. RETURNS

  1. 21-2-490Hours of operation of office of superintendent and chairperson of county board of registrars on primary and election days; applicability to counties having population of 550,000 or more.
  2. 21-2-491Public inspection of unsealed returns at office of superintendent; opening of sealed envelopes upon order of superintendent or court.
  3. 21-2-492Computation and canvassing of returns; notice of place where returns will be computed and canvassed; blank forms for making statements of returns; swearing of assistants.
  4. 21-2-493Computation, canvassing, and tabulation of returns; investigation of discrepancies in vote counts; recount procedure; posting of digital images of scanned paper ballots; certification of returns; change in returns.
  5. 21-2-494Computation and certification of write-in votes.
  6. 21-2-495Procedure for recount or recanvass of votes; losing candidate’s right to a recount; rules and regulations.
  7. 21-2-496Preparation and filing by superintendent of four copies of consolidated return of primary; electronic filing; superintendent to furnish final copy of each ballot used for primary.
  8. 21-2-497Preparation and filing by superintendent of four copies of consolidated return of elections; superintendent to furnish final copy of each ballot used for election.
  9. 21-2-498Precertification tabulation audits; risk-limiting audits.
  10. 21-2-498.1Pilot program to audit paper ballots using optical character recognition.
  11. 21-2-499Duty of Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers; certification of presidential electors by Governor.
  12. 21-2-500Delivery of voting materials; presentation to grand jury in certain cases; preservation and destruction; destruction of unused ballots.
  13. 21-2-501Number of votes required for election; runoff.
  14. 21-2-501.1Timing whenever a municipal general primary is held in conjunction with the general primary in even-numbered years.Repealed
  15. 21-2-502Issuance of certificates of election and commission; Governor’s proclamation as to constitutional amendments.
  16. 21-2-503Issuance of commission to person whose election is contested; procedure upon finding that person to whom commission was issued was not legally elected; swearing into office of person whose election is contested.
  17. 21-2-504Special primary or election upon failure to nominate or elect or upon death, withdrawal, or failure of officer-elect to qualify.

Article 13. CONTESTED ELECTIONS AND PRIMARIES

  1. 21-2-520Definitions.
  2. 21-2-521Primaries and elections which are subject to contest; persons who may bring contest.
  3. 21-2-522Grounds for contest.
  4. 21-2-522.1Rebuttable presumption of legal vote in contested election.
  5. 21-2-523Jurisdiction and pretrial procedures; notification; selection and compensation of judge.
  6. 21-2-524Filing of petition to contest primary or election; procedures for service, notice, answer, and amendment.
  7. 21-2-525Hearing; powers of court generally.
  8. 21-2-526Trial by jury.
  9. 21-2-527Pronouncement of judgment; effect of finding of misconduct by poll officers; calling of second primary, election, or runoff by court upon finding of defects.
  10. 21-2-527.1Right of parties to object to settlement; court approval.
  11. 21-2-528Appeals from court’s determination on contest petition.
  12. 21-2-529Liability for costs; methods of collecting.

Article 14. SPECIAL ELECTIONS AND PRIMARIES GENERALLY; MUNICIPAL TERMS OF OFFICE

  1. 21-2-540Conduct and timing of special primaries and special elections generally.
  2. 21-2-541Holding of special primary or special election at time of general primary or general election.
  3. 21-2-541.1Terms for all municipal offices elected at general municipal elections.
  4. 21-2-541.2Providing by local law for terms of office.
  5. 21-2-542Special primary and special election for United States senator vacancy; temporary appointment by Governor.
  6. 21-2-543Special election for United States congressional representative vacancy.
  7. 21-2-543.1Procedures for filling vacancies in federal House of Representatives.
  8. 21-2-544Special election for General Assembly vacancy.
  9. 21-2-545Procedure as to unopposed candidates.
  10. 21-2-546Filling chief judge vacancies in civil and magistrate courts.

Article 15. MISCELLANEOUS OFFENSES

  1. 21-2-560Making of false statements generally.
  2. 21-2-561False registration; unlawful disclosure of voter registration information.
  3. 21-2-562Fraudulent entries; unlawful alteration or destruction of entries; unlawful removal of documents; neglect or refusal to deliver documents.
  4. 21-2-563Improper signing or alteration of nomination petitions or affidavits.
  5. 21-2-564Willful destruction, fraudulent filing, or suppression of nomination materials.
  6. 21-2-565Making of false statements in connection with filing notice of candidacy or qualifying as candidate for party nomination; duties of district attorney as to violations.
  7. 21-2-566Interference with primaries and elections generally.
  8. 21-2-567Intimidation of electors.
  9. 21-2-568Entry into voting compartment or booth while another voting; interfering with elector; inducing elector to reveal or revealing elector’s vote; influencing voter while assisting.
  10. 21-2-568.1Intentional observation of voting.
  11. 21-2-568.2Photographic and other electronic monitoring of ballots prohibited.
  12. 21-2-569Interfering with poll officers.
  13. 21-2-570Giving or receiving, offering to give or receive, or participating in the giving or receiving of money or gifts for registering as a voter, voting, or voting for a particular candidate.
  14. 21-2-571Voting by unqualified elector or giving false information.
  15. 21-2-572Repeat voting in same primary or election.
  16. 21-2-573Absentee voting by unqualified elector.
  17. 21-2-574Unlawful possession of ballots.
  18. 21-2-575Counterfeit ballots or ballot labels; sample or facsimile ballots.
  19. 21-2-576Destroying, defacing, or delaying delivery of ballots.
  20. 21-2-577Improper removal of ballots from book of official ballots.
  21. 21-2-578Unfolding, opening, or prying into ballots.
  22. 21-2-579Fraudulently allowing ballot or voting machine to be seen; casting unofficial ballot; receiving unauthorized assistance in voting.
  23. 21-2-580Tampering with, damaging, improper preparation of, or prevention of proper operation of voting machines or electronic ballot markers or tabulating machines.
  24. 21-2-581Unauthorized making or possession of voting machine key.
  25. 21-2-582Tampering with, damaging, or preventing of proper operation of direct recording electronic equipment or electronic ballot marker or tabulating machine or device.
  26. 21-2-582.1Penalty for voting equipment modification.
  27. 21-2-583Removal or destruction of election supplies or conveniences.
  28. 21-2-584Refusal or failure of manager to administer oath to poll officer; poll officer acting without being sworn; giving of false certification as to swearing of poll officer.
  29. 21-2-585Refusal by superintendent or his or her employee to permit public inspection of documents; removal, destruction, or alteration of documents.
  30. 21-2-586Refusal by Secretary of State or his or her employee to permit public inspection of documents; removal, destruction, or alteration of documents.
  31. 21-2-587Frauds by poll officers.
  32. 21-2-588Premature counting of votes by poll officer.
  33. 21-2-589Willful omissions by poll officers.
  34. 21-2-590Poll officer permitting unregistered or unqualified persons to vote; refusing to permit registered and qualified persons to vote; unlawful rendering of assistance.
  35. 21-2-591Poll officers permitting unlawful assistance to voters.
  36. 21-2-592Failure of poll officers to keep record of assisted voters.
  37. 21-2-593Failure of law enforcement officers to remove obstacles or to maintain order at polling places; hindrance or delay of poll officers by law enforcement officers.
  38. 21-2-594Offenses by printers of ballots.
  39. 21-2-595Disposition of alcoholic beverages on primary or election days.Reserved
  40. 21-2-596Failure of public or political officer to perform duty.
  41. 21-2-597Intentional interference with performance of election duties.
  42. 21-2-598Violations of chapter.
  43. 21-2-599Punishment for misdemeanors under chapter.
  44. 21-2-600Punishment for felonies under chapter.
  45. 21-2-601Use of list of electors for commercial purposes prohibited.
  46. 21-2-602Compensation for soliciting persons to register to vote prohibited.
  47. 21-2-603Conspiracy to commit election fraud.
  48. 21-2-604Criminal solicitation to commit election fraud; penalties.