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Georgia Statutes, Title 21

Georgia/Statutes

← All Georgia coverage

Title 21

4 chapters · 430 sections in this title.

All chapters in Title 21430 Ch 2, ELECTIONS AND PRIMARIES GENERALLY365 Ch 5, GOVERNMENT TRANSPARENCY AND CAMPAIGN…42 Ch 4, RECALL OF PUBLIC OFFICERS21 Ch 1, CONGRESSIONAL DISTRICTS2

430 sections·Filtered byTitle 21✕

O.C.G.A. § 21-2-281 Voting by paper ballot when use of voting equipment impossible or impracticable
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In any primary or election in which the use of voting equipment is impossible or impracticable, for the reasons set out in Code Section 21-2-334, the primary or election may be conducted by paper ballot in the manner provided in Code Section 21-2-334. History. Code 1981, § 21-2-2…
O.C.G.A. § 21-2-283 Printing and safekeeping of ballots and labels by superintendent
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In any primary or election, the superintendent or municipal governing authority shall cause all the ballots and ballot labels to be printed accurately and in the form prescribed by this chapter, and the superintendent or municipal governing authority shall be responsible for the …
O.C.G.A. § 21-2-284 Form of official primary ballot; attestation regarding receiving value in exchange for vote
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(a) In each primary separate official ballots shall be prepared for the political party holding the primary. At the top of each ballot shall be printed in prominent type the words “OFFICIAL PRIMARY BALLOT OF PARTY FOR,” followed by the name and designation of the precinct for whi…
O.C.G.A. § 21-2-284.1 Nonpartisan municipal primary ballot form

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In the case of nonpartisan municipal primaries, the form of the official nonpartisan primary ballot shall conform insofar as practicable to the form of the official primary ballot as detailed in Code Section 21-2-284 including the printing of the name and designation of the preci…

O.C.G.A. § 21-2-285 Form of official election ballot; attestation on receipt of beneﬁt in exchange for vote; when an election is not required

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(a) At the top of each ballot for an election shall be printed in prominent type the words “OFFICIAL BALLOT,” followed by the name and designation of the precinct for which it is prepared and the name and date of the election. (b)(1) Directions that explain how to cast a vote and…

O.C.G.A. § 21-2-285.1 Nonpartisan elections ballot form; run-off election; declaration of prevailing candidate as duly elected

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The names of all candidates for offices which the General Assembly has by general law or local Act provided for election in a nonpartisan election shall be printed on each official primary ballot; and insofar as practicable such offices to be ﬁlled in the nonpartisan election sha…

O.C.G.A. § 21-2-286 Printing speciﬁcations, numbering, and binding of ballots

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(a) In any primary or election, the superintendent shall cause the ballots to be printed in the form prescribed by this chapter. (b)(1) Paper ballots other than those printed for optical scanning voting systems shall be at least six inches long and four inches wide and shall have…

O.C.G.A. § 21-2-287 Form of absentee ballot

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The form for the absentee ballot shall be in substantially the same form as the official ballots used in the precincts, except it shall be printed with only the name stub and without a number strip and shall have the precinct name and designation printed or stamped thereon. Histo…

O.C.G.A. § 21-2-288 Procedure as to printing of ballots when candidates for same nomination or office have same or similar names

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If two or more candidates for the same nomination or office shall have the same or similar names, the Secretary of State, in the case of federal or state offices, the superintendent of elections, in the case of county offices, or the official with whom such candidates qualify, in…

O.C.G.A. § 21-2-289 Printing on ballots of names of substitute candidates

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As soon as any substitute candidate has been duly nominated by his or her political party or body pursuant to Code Section 21-2-134, at any time prior to the day on which the printing of ballots is started, his or her name shall be substituted in place of that of the candidate wh…

O.C.G.A. § 21-2-291 Procedure as to unopposed candidates

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Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless a write-in candidate has qualiﬁed as provided by law or unle…

O.C.G.A. § 21-2-292 Duty of superintendent to have forms of ballots on ﬁle for public inspection prior to election

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The superintendent shall have on ﬁle in his or her office open to public inspection, at least ﬁve days prior to the day of holding each primary and election, forms of the ballots, with the names and such statements and notations printed thereon as may be required by this chapter.…

O.C.G.A. § 21-2-293 Correction of mistakes and omissions on ballot

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(a) If the election superintendent discovers that a mistake or omission has occurred in the printing of official ballots or in the programming of the display of the official ballot on DRE voting equipment or electronic ballot markers for any primary or election, the superintenden…

O.C.G.A. § 21-2-294 Responsibility of superintendent for recording number of ballots furnished and number of stubs, unused ballots, and canceled ballots returned

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The superintendent shall keep a record of the number of official ballots printed and furnished to each precinct at each primary and election and of the number of stubs, unused ballots, and canceled ballots subsequently returned therefrom. History. Code 1933, § 34-1111, enacted by…

O.C.G.A. § 21-2-300 Provision of new voting equipment by state; uniform system for all elections to be conducted with the use of scanning ballots marked by electronic ballot markers; pilot programs; county responsibiliti

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(a)(1) The equipment used for casting and counting votes in county, state, and federal elections shall be the same in each county in this state and shall be provided to each county by the state, as determined by the Secretary of State. (2) As soon as possible, once such equipment…

O.C.G.A. § 21-2-310 Deﬁnitions

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As used in this article, the term: (1) “Candidate counters” or “question counters” means the counters which numerically register the votes cast for candidates and on questions, respectively. (2) “Diagram” means an illustration of the official ballot showing the names of the parti…

O.C.G.A. § 21-2-320 Power of municipal governing authority to authorize use of and to procure voting machines

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The governing authority of any municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of voting machines for recording and computing the vote at all elections held in the municipality; and thereupon…

O.C.G.A. § 21-2-321 Referendum on question of use of voting machines

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(a) The governing authority of any municipality which conducts elections by paper ballot may, upon its own motion, submit to the electors of the municipality, at any election, the question: “Shall voting machines be used in ?” (b) The governing authority of any municipality which…

O.C.G.A. § 21-2-322 General requirements as to voting machines

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No voting machine shall be adopted or used unless it shall, at the time, satisfy the following requirements: (1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted; (2) It shall permit each elector, in one op…

O.C.G.A. § 21-2-323 Installation of voting machines; discontinuance of use of paper ballots; minimum number; different types; requirements as to working order and capacity

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(a) When the use of voting machines has been authorized in the manner prescribed by Code Section 21-2-320 or 21-2-321, such voting machines shall be installed, either simultaneously or gradually, within the municipality. Upon the installation of voting machines in any precinct, t…

O.C.G.A. § 21-2-324 Examination 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;

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(a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any voting machine may request the Secretary of State to examine the machine. Any ten or more electors of this state may, at any time, request the Secretary of Sta…

O.C.G.A. § 21-2-325 Form of ballot labels generally

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(a) The ballot labels shall be printed in black ink upon clear, white, or pastel colored material, of such size as will ﬁt the ballot frame, and in plain, clear type so as to be easily readable by persons with normal vision. (b) If the construction of the machine shall require it…

O.C.G.A. § 21-2-325.1 Candidates with same or similar names

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If two or more candidates for the same nomination or office shall have the same or similar names, the Secretary of State, in the case of federal or state offices, the superintendent of elections, in the case of county offices, or the official with whom such candidates qualify, in…

O.C.G.A. § 21-2-326 Unofficial ballot labels

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(a) If ballot labels for a precinct at which a voting machine is to be used are not delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballo…

O.C.G.A. § 21-2-327 Preparation of voting machines; custodians and their deputies; inspection; furnishing of supplies

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(a) The superintendent of each municipality shall cause the proper ballot labels to be placed on each voting machine which is to be used in any precinct within such municipality, cause each machine to be placed in proper order for voting, examine each machine before it is sent ou…

O.C.G.A. § 21-2-328 Delivery, set up, and sealing of properly furnished voting machines prior to primary or election; protection of voting machines against molestation or injury

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(a) The superintendent shall deliver the proper voting machine or voting machines, properly furnished with ballot labels, to the polling places of the respective precincts at least one hour before the time set for opening the polls at each primary or election and shall cause each…

O.C.G.A. § 21-2-329 Delivery of voting machine keys to chief manager

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The superintendent shall deliver the keys which unlock the operating mechanism and the registering counters or counter compartment of the voting machine to the chief manager not later than one hour before the time set for the opening of the polls and shall take his or her receipt…

O.C.G.A. § 21-2-330 Public exhibition of and instruction on sample voting machine

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(a) During the ﬁve days preceding a municipal general primary or election or during the three days preceding a municipal special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable f…

O.C.G.A. § 21-2-331 Designation and compensation of custodians of voting machines and keys; storage of voting machines when not in use

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(a) The municipal governing authority shall designate a person or persons who shall have the custody of the voting machines of the municipality and the keys therefor when the machines are not in use at a primary or election and shall provide for his or her compensation and for th…

O.C.G.A. § 21-2-332 Use of portable polling facilities

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In precincts in which voting machines are used, the superintendent may, in his or her discretion, procure and provide portable polling facilities of adequate size for any or all of such precincts. History. Code 1933, § 34-1211, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L…

O.C.G.A. § 21-2-334 Voting by paper ballot when use of voting machine impossible or impracticable

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If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of voting machines is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominat…

O.C.G.A. § 21-2-365 Requirements for use of optical scanning voting systems

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No optical scanning voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements: (1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted; (2) It shall permit each el…

O.C.G.A. § 21-2-366 Authorization for utilization of optical scanning systems

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The governing authority of any county or municipality may, at any regular meeting or at a special meeting called for the purpose, by a majority vote authorize and direct the use of optical scanning voting systems for recording and computing the vote at elections held in the count…

O.C.G.A. § 21-2-367 Installation of systems; number of systems; good working order

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(a) When the use of optical scanning voting systems has been authorized in the manner prescribed in this part, such optical scanning voting systems shall be installed, either simultaneously or gradually, within the county or municipality. (b)(1) In each precinct in which optical …

O.C.G.A. § 21-2-368 Review 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;

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(a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any optical scanning voting system may request the Secretary of State to examine the optical scanning voting system. Any ten or more electors of this state may, at…

O.C.G.A. § 21-2-369 Printing of ballots; arrangement

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(a) The ballots shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the ballot scanner, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red …

O.C.G.A. § 21-2-369.1 Candidates with similar names

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If two or more candidates for the same nomination or office shall have the same or similar names, the Secretary of State, in the case of federal or state offices, the superintendent of elections, in the case of county offices, or the official with whom such candidates qualify, in…

O.C.G.A. § 21-2-371 Unofficial ballots; out-of-order systems

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(a) If ballots for a precinct at which an optical scanning voting system is to be used shall not be delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other ballots to be prepared, printed, or written, as nearly in the form …

O.C.G.A. § 21-2-372 Ballot description

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Ballots shall be of suitable design, size, and stock to permit processing by a ballot scanner and shall be printed in black ink on clear, white, or colored material. Other than ballots delivered electronically to qualiﬁed electors who are entitled to vote by absentee ballot under…

O.C.G.A. § 21-2-373 Write-in votes; secrecy

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In elections, electors shall be permitted to cast write-in votes. The design of the ballot shall permit the superintendents, in counting the write-in votes, to determine readily whether an elector has cast any write-in vote not authorized by law. The Secretary of State, in specif…

O.C.G.A. § 21-2-374 Proper programming; proper order; testing; supplies

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(a) The superintendent of each county or municipality shall order the proper programming to be placed in each ballot scanner used in any precinct or central tabulating location. (b) On or before the third day preceding a primary or election, including special primaries, special e…

O.C.G.A. § 21-2-375 Delivery of equipment to polling places; protection for equipment; required accessories

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(a) In counties using precinct count ballot scanners, the superintendent shall deliver the proper ballot scanner to the polling places at least one hour before the time set for opening of the polls at each primary or election and shall cause each to be set up in the proper manner…

O.C.G.A. § 21-2-376 Demonstration of equipment

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During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the informatio…

O.C.G.A. § 21-2-377 Custody and storage when not in use

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(a) The superintendent shall designate a person or persons who shall have custody of the ballot scanners of the county or municipality when they are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the ballot s…

O.C.G.A. § 21-2-378 Payment for systems

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The governing authority of any county or municipality which adopts optical scanning voting systems in the manner provided for by this part shall, upon the purchase of optical scanning voting systems, provide for their payment by the county or municipality. Bonds or other evidence…

O.C.G.A. § 21-2-379 Arrangements for appropriate ballots when use of optical scanning voting systems impracticable

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If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of optical scanning voting systems is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomin…

O.C.G.A. § 21-2-379.1 Requirements for use of direct recording electronic voting systems

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No direct recording electronic voting system shall be adopted or used unless it shall, at the time, satisfy the following requirements: (1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted; (2) It shall per…

O.C.G.A. § 21-2-379.10 Procedure for electors

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(a) A duly qualiﬁed elector shall cast his or her vote on a direct recording electronic (DRE) unit by touching the screen or pressing the appropriate button on the unit for the candidate or issue of such elector’s choice. After having the opportunity to vote in all races and upon…

O.C.G.A. § 21-2-379.11 Procedure for tabulation of votes

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(a) In primaries and elections in which direct recording electronic (DRE) voting equipment is used, the ballots shall be counted at the precinct or tabulating center under the direction of the superintendent. All persons who perform any duties at the tabulating center shall be de…

O.C.G.A. § 21-2-379.2 Review of manufacturer’s recording electronic voting system by Secretary of State; appointment and compensation of examiners; revocation of approval; penalties; conﬂicts of interest

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(a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any direct recording electronic voting system may request the Secretary of State to examine the system. Any ten or more electors of this state may, at any time, re…