Title 21 — Elections
5 chapters · 451 sections in this title.
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; 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 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. § 21-2-370 [Reserved] Separate optical scanners for primary elections
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O.C.G.A. § 21-2-370Current through Act 375 of the 2026 Regular Session of the General Assembly but not including corrections and changes made by the Office of Legislative Counsel.HistoryGa. L. 1998, p. 1231, § 37; repealed by Ga. L. 1999, p. 29, § 1, effective July 1, 1999.Offici…
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; watermark required
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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 unde…
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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(1) 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 p…
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 upo…
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…
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.
O.C.G.A. § 21-2-379.22 Requirements for electronic ballot marking
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(1) 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 elect…
O.C.G.A. § 21-2-379.23 [Effective until July 1, 2026] Requirements for ballot display; official ballot for recount
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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 inspection
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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. § 21-2-379.26 Storage of equipment
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(a) All electronic ballot markers and related equipment, 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 devices and related equipment under his or her supervision or sh…
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 equipment, 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 super…
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.
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 desi…
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 …
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; electronic transmission of 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 absent…
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 an…
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. § 21-2-386 Procedures regarding absentee ballots
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(a) (1) (A) The board of registrars or absentee ballot clerk shall keep safely, unopened, and stored in a manner that will prevent tampering and unauthorized access to and shall document authorized access to all official absentee ballots received from absentee electors prior to t…
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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(1) 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…
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.
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 provided at polling place
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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 CERTIFICATEI hereby certify that I am qualified to vote at the (primary o…
O.C.G.A. § 21-2-403 Time for opening and closing of polls; extended poll hours
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(a) At all primaries and elections the polls shall be opened at 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and shall remain open continuously until 7:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, at which …
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…