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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. § 21-2-379.21 Access to optical scanning voting systems for disabled
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Each polling place in this state utilizing optical scanning voting systems shall be equipped with at least one electronic ballot marker that meets the requirements as set forth in this part that is accessible to individuals with disabilities. History. Code 1981, § 21-2-379.21, en…
O.C.G.A. § 21-2-379.22 Requirements for electronic ballot marking
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No electronic ballot marker shall be adopted or used in primaries or elections in this state unless it shall, at the time, satisfy the following requirements: (1) Provide facilities for marking ballots for all candidates and for all referendums or questions for which the elector …
O.C.G.A. § 21-2-379.23 Requirements for ballot display; role of Secretary of State; printed paper ballot controls during recount; name and designation of precinct on ballot
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(a) The ballot display information and appearance on an electronic ballot marker shall conform as nearly as practicable to Code Sections 21-2-379.4 and 21-2-379.5. (b) The form and arrangement of ballots marked and printed by an electronic ballot marker shall be prescribed by the…
O.C.G.A. § 21-2-379.24 Examination 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

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(a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any electronic ballot marker may request that the Secretary of State examine the device. Any ten or more electors of this state may, at any time, request that the …

O.C.G.A. § 21-2-379.25 Programming for ballot design and style; veriﬁcation; appointment of custodians; role of custodians; testing of electronic ballot marker; public notice of testing

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(a) The superintendent of each county or municipality shall cause the proper ballot design and style to be programmed for each electronic ballot marker which is to be used in any precinct within such county or municipality, shall cause each such device to be placed in proper orde…

O.C.G.A. § 21-2-379.3 State furnishing direct recording voting systems; purchase by municipalities or counties

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(a) The state shall furnish a uniform system of direct recording electronic (DRE) equipment for use in each county by 2004. The governing authority of a municipality may elect to acquire its own DRE equipment by purchase, lease, rental, or other procurement process at its own exp…

O.C.G.A. § 21-2-379.4 Ballot appearance; write in votes on DRE systems

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(a) The ballots for direct recording electronic (DRE) voting systems shall be of such size and arrangement as will suit the construction of the DRE screen and shall be in plain, clear type that is easily readable by persons with normal vision. If the equipment has the capacity fo…

O.C.G.A. § 21-2-379.5 Ballot information

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(a) 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…

O.C.G.A. § 21-2-379.6 Maintenance of voting systems and supplies

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(a) The superintendent of each county or municipality shall cause the proper ballot design and style to be programmed for each direct recording electronic (DRE) unit which is to be used in any precinct within such county or municipality, cause each such unit to be placed in prope…

O.C.G.A. § 21-2-379.7 Preparation of polling places

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(a) The superintendent or the custodians shall deliver the proper direct recording electronic (DRE) units to the polling places of the respective precincts at least one hour before the time for opening the polls at each primary or election and shall cause each unit to be set up i…

O.C.G.A. § 21-2-379.8 Public exhibition of voting system and sample ballot

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(a) The superintendent or his or her designee shall, upon request, make available for demonstration direct recording electronic (DRE) units. The Secretary of State shall advise the superintendents on recommended methods of demonstrating such units so as to properly educate electo…

O.C.G.A. § 21-2-379.9 Storage of voting equipment

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(a) All direct recording electronic (DRE) units and related equip363 ment, when not in use, shall be properly stored and secured under conditions as shall be speciﬁed by the Secretary of State. (b) The superintendent shall store the units and related equipment under his or her su…

O.C.G.A. § 21-2-380 “Absentee elector” deﬁned; when reason for absentee ballot not required

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(a) As used in this article, the term “absentee elector” means an elector of this state or a municipality thereof who casts a ballot in a primary, election, or runoff other than in person at the polls on the day of such primary, election, or runoff. (b) An elector who votes by ab…

O.C.G.A. § 21-2-380.1 Appointment of absentee ballot clerk

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The governing authority of a municipality shall appoint an absentee ballot clerk who may be the county registrar or any other designated official and who shall perform the duties set forth in this article. History. Code 1981, § 21-2-380.1, enacted by Ga. L. 1998, p. 295, § 1; Ga.…

O.C.G.A. § 21-2-381 Making of application for absentee ballot; determination of eligibility by ballot clerk; furnishing of applications to colleges and universities; persons entitled to make application

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(a)(1)(A) Except as otherwise provided in Code Section 21-2-219 or for advance voting described in subsection (d) of Code Section 21-2-385, not earlier than 78 days or less than 11 days prior to the date of the primary or election, or runoff of either, in which the elector desire…

O.C.G.A. § 21-2-381.1 Procedures for voting with special write-in absentee ballots by qualiﬁed absentee electors

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(a) Notwithstanding any other provisions of this chapter, a qualiﬁed absentee elector, as deﬁned in Code Section 21-2-380, in general, special, primary, and run-off elections, who is entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Vo…

O.C.G.A. § 21-2-381.2 State write-in absentee ballot for certain electors

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(a) The Secretary of State shall design a state write-in absentee ballot for federal offices and state offices that are voted upon on a state-wide basis for use in a primary runoff or election runoff by an eligible absentee elector who lives outside the county or municipality in …

O.C.G.A. § 21-2-382 Additional buildings as additional registrar’s office or place of registration for receiving absentee ballots and for advance voting; drop boxes

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(a) Any other provisions of this chapter to the contrary notwithstanding, the board of registrars may establish additional registrar’s offices or places of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of advance voting…

O.C.G.A. § 21-2-383 Preparation 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

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(a) Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars or absentee ballot clerk as provided in Code Section 21-2-384. Such ballots shall be marked “Official Absentee Ballot” and sh…

O.C.G.A. § 21-2-384 Preparation 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;

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(a)(1) The superintendent shall, in consultation with the board of registrars or absentee ballot clerk, prepare, obtain, and deliver before the date speciﬁed in paragraph (2) of this subsection an adequate supply of official absentee ballots to the board of registrars or absentee…

O.C.G.A. § 21-2-385 Procedure for voting by absentee ballot; advance voting

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(a) At any time after receiving an official absentee ballot, but before the day of the primary or election, except electors who are conﬁned to a hospital on the day of the primary or election, the elector shall vote his or her absentee ballot, then fold the ballot and enclose and…

O.C.G.A. § 21-2-385.1 Preferential treatment for older and disabled voters

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During the period of advance voting established pursuant to subsection (d) of Code Section 21-2-385, each elector who is 75 years of age or older or who is disabled and requires assistance in casting an absentee ballot in person at the registrar’s office, absentee ballot clerk’s …

O.C.G.A. § 21-2-387 Pilot program for electronic handling of absentee ballots; requirements; reporting; termination

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(a) The Secretary of State shall develop and implement a pilot program for the electronic transmission, receipt, and counting of absentee ballots by persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C…

O.C.G.A. § 21-2-388 Cancellation of absentee ballots of electors who are present in election precinct during primaries and elections

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When an absentee ballot which has been voted shall be returned to and received by the board of registrars, it shall be deemed to have been voted then and there; and no other ballot shall be issued to the same elector. If an elector has requested to vote by absentee ballot and has…

O.C.G.A. § 21-2-389 Payment of postage for mailing absentee ballots

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The postage required for mailing ballots to absentee electors, as provided for in this article, shall be paid by the county or municipality, except in cases where free mail delivery is furnished by the federal government. History. Code 1933, § 34-1410, enacted by Ga. L. 1964, Ex.…

O.C.G.A. § 21-2-390 Delivery 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

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(a) All official absentee ballots and envelopes on which the forms of affidavits and jurats appear shall be delivered to the clerk of the superior court or the city clerk upon the conclusion of the primary or election and shall be safely kept by him or her for the period required…

O.C.G.A. § 21-2-400 Duty 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

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(a) Prior to each primary and election, the superintendent shall obtain from the Secretary of State a sufficient number of cards of instruction for guidance of electors. Such cards of instruction shall include such portions of this chapter as deemed necessary by the Secretary of …

O.C.G.A. § 21-2-401 Delivery 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

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(a) The cards of instruction, return sheets, tally sheets, oaths of poll officers, affidavits, and other forms and supplies required for use in each precinct, and, in precincts in which ballots are used, the official ballots prepared for use therein shall be packed by the superin…

O.C.G.A. § 21-2-402 Voter’s certiﬁcates; preparation, forms, and procedures

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(a) At each primary and election, the Secretary of State shall prepare and furnish to each superintendent a suitable number of voter’s certiﬁcates which shall be in substantially the following form: VOTER’S CERTIFICATE I hereby certify that I am qualiﬁed to vote at the (primary o…

O.C.G.A. § 21-2-404 Affording employees time off to vote

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Each employee in this state shall, upon reasonable notice to his or her employer, be permitted by his or her employer to take any necessary time off from his or her employment to vote in any municipal, county, state, or federal political party primary or election for which such e…

O.C.G.A. § 21-2-405 Poll officers; arrival at precinct; failure to appear; custodians of voting materials

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(a) The chief manager and two assistant managers shall meet in the respective places appointed for holding the primary or election in each precinct at least one hour before the hour for opening the polls on the day of each primary or election. The other required poll officers sha…

O.C.G.A. § 21-2-406 Public performance of duties by officials

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Superintendents, poll officers, and other officials engaged in the conducting of primaries and elections held under this chapter shall perform their duties in public. History. Ga. L. 1894, p. 115, § 16; Civil Code 1895, § 65; Civil Code 1910, § 75; Code 1933, § 34-1102; Code 1933…

O.C.G.A. § 21-2-407 Duty 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

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The registrars shall meet at their main office during each primary or election for the purpose of considering the qualiﬁcation of electors whose names may have been omitted by inadvertence or mistake from the list of electors. The registrars shall be authorized to place the names…

O.C.G.A. § 21-2-408 Poll watchers; designation; duties; removal for interference with election; reports of infractions or irregularities; ineligibility of candidates to serve; training

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(a)(1) In a primary or run-off primary, each candidate entitled to have his or her name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each precinct in which he or she wishes to have an observer to the chairperson or secretary of the a…

O.C.G.A. § 21-2-409 Assisting electors who cannot read English or who have disabilities

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(a) No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language or he or she has a disability which renders him or her unable to see or mark the ballot or operate the voting equipment or to enter the voting …

O.C.G.A. § 21-2-409.1 Voting by electors who are 75 years of age or older or disabled electors without having to wait in line

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On election day between the hours of 9:30 A.M. and 4:30 P.M., each elector who is 75 years of age or older or who is disabled and requires assistance in voting as authorized by Code Section 21-2-409, shall, upon request to a poll officer, be authorized at any primary or election …

O.C.G.A. § 21-2-410 Poll officers authorized to give instructions to electors upon request

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If any elector, before or after entering the voting booth, shall ask for instructions concerning the manner of voting, a poll officer may give such elector such instructions; but no person giving an elector such instructions shall in any manner request, suggest, or seek to persua…

O.C.G.A. § 21-2-411 Return of checked list of electors and voter’s certiﬁcates to superintendent; disposition of list and certiﬁcates by registrars

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The chief manager in each precinct shall return a checked list of electors, reﬂecting those who voted, and the voter’s certiﬁcates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such voter’s certiﬁcates for at least 24 months and su…

O.C.G.A. § 21-2-412 Duties of superior courts on days of primaries and elections

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At least one judge of the superior court of each judicial circuit shall be available in his or her circuit on the day of each primary or election from 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, until 10:00 P.M. eastern standard time or east…

O.C.G.A. § 21-2-413 Conduct of voters, campaigners, and others at polling places generally

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(a) No elector shall be allowed to occupy a voting compartment or voting machine booth already occupied by another except when giving assistance as permitted by this chapter. (b) No elector shall remain in a voting compartment or voting machine booth an unreasonable length of tim…

O.C.G.A. § 21-2-414 Restrictions 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

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(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign material, nor shall any person give, offer to give, or participate in the giving of any money or gifts, including, but not limited to, food and drink…

O.C.G.A. § 21-2-417 Presentation of proper identiﬁcation to poll workers; swearing of statement when unable to produce; use of provisional ballots; penalty for false swearing

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(a) Except as provided in subsection (c) of this Code section, each elector shall present proper identiﬁcation to a poll worker at or prior to completion of a voter’s certiﬁcate at any polling place and prior to such person’s admission to the enclosed space at such polling place.…

O.C.G.A. § 21-2-417.1 Voter identiﬁcation card

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(a) Each county board of registrars shall provide at least one place in the county at which it shall accept applications for and issue Georgia voter identiﬁcation cards to registered Georgia electors which shall under state law be valid only for purposes of voter identiﬁcation un…

O.C.G.A. § 21-2-418 Provisional ballots

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(a) If a person presents himself or herself at a polling place, absentee polling place, or registration office in his or her county of residence in this state for the purpose of casting a ballot in a primary or election stating a good faith belief that he or she has timely regist…

O.C.G.A. § 21-2-419 Validation of provisional ballots; reporting to Secretary of State

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(a) A person shall cast a provisional ballot on the same type of ballot that is utilized by the county or municipality. Such provisional ballot shall be sealed in double envelopes as provided in Code Section 21-2-384 and shall be deposited by the person casting such ballot in a s…

O.C.G.A. § 21-2-420 Procedure for counting and tabulation of ballots

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(a) After the time for the closing of the polls and the last elector voting, the poll officials in each precinct shall complete the required accounting and related documentation for the precinct and shall advise the election superintendent of the total number of ballots cast at s…

O.C.G.A. § 21-2-421 Posting of required information after closing of polls; reporting to Secretary of State

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(a) As soon as possible but not later than 11:59 P.M. following the close of the polls on the day of a primary, election, or runoff, the election superintendent shall report to the Secretary of State and post in a prominent public place the following information: (1) The number o…

O.C.G.A. § 21-2-431 Execution of voter’s certiﬁcate; procedure upon qualiﬁcation of elector; elector unable to sign name; voting outside precinct of residence; registration as prerequisite to voting

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(a) At every primary and election, each elector who desires to vote shall ﬁrst execute a voter’s certiﬁcate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his or her voter’s cert…

O.C.G.A. § 21-2-432 Voter’s certiﬁcate binder as official list of electors; preservation and disposition of refused applications

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After each elector has been admitted to vote, his or her voter’s certiﬁcate shall be inserted in the binder provided therefor by the registrars, and known as the “voter’s certiﬁcate binder,” and such voter’s certiﬁcates so bound shall constitute the official list of electors voti…

O.C.G.A. § 21-2-433 Admission of electors to enclosed space; detachment of ballots from stubs and distribution of ballots to electors; return of canceled ballots to superintendent

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(a) No elector shall enter the enclosed space behind the guardrail provided for in subsection (a) of Code Section 21-2-267 until he or she is found entitled to vote. (b) As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballo…