Subject 183-1-14 ABSENTEE VOTING
| (1) |
For purposes of
applying O.C.G.A. § 21-2-381(a)(1)(G),
"advanced age" shall mean any elector who is 65 years of age or older at the
time of the absentee ballot request. |
| (2) |
For purposes of applying O.C.G.A. § 21-2-381(a)(1)(G),
an elector meets the criteria of "disability" when the elector (a) has a
physical disability and (b) informs the registrar of his or her status as
disabled at the time of the absentee ballot request. |
| (3) |
Registrars or absentee ballot clerks
shall, in a visible and legible manner, note symbols on the return absentee
ballot oath envelope to designate the category under which an absentee elector
applied for his or her ballot. Suggested symbols include:
E - Elderly or of advanced age (65 years of age or
older),
D - Disabled physically,
MOS - Military overseas,
MST - Military stateside,
OST - Overseas temporary,
OSP - Overseas permanent resident,
NR - No reason is provided.
To facilitate ballot tabulation, registrars or absentee
ballot clerks shall note on the face of the absentee oath envelope the absentee
elector's precinct and, in the case of a primary or primary runoff, the party
in whose primary or primary runoff the elector is voting and "MIDR" if the
voter is voting for the first time pursuant to O.C.G.A. § 21-2-417(c).
|
| (1) |
All federal, state, and county primaries
and elections shall be conducted using electronic ballot markers and ballot
scanners for in-person absentee voting during the advance voting period. As
used in this rule, the term "registrar" or "registrars" means a county board of
registrars, a county board of elections and registration, a joint
county-municipal board of elections and registration, a municipal absentee
ballot clerk, a municipal registrar, or the designee of a board of registrars,
board of elections and registration, or joint county-municipal board of
elections and registration. |
| (2) |
The
registrar shall publish the times, dates. and locations of the availability of
advance voting in their jurisdiction on the homepage of the county's publicly
accessible website associated with elections and/or registrations, or if the
county does not have such a website, in a newspaper of general circulation and
by posting in a prominent location in the county, no later than 7 days prior to
the beginning of the advance voting period. Any additional advance voting
locations added after that deadline shall be published as soon as possible. The
registrar shall endeavor not to remove or alter any advance voting locations
after they are published, unless there are emergency or unforeseen
circumstances make such a change necessary, in which case the registrar shall
publish those changes as soon as possible. |
| (3) |
Electronic ballot markers and ballot
scanners shall be configured and tested in accordance with the provisions of
Rule
183-1-12-.08 prior to use in
advance voting. Public notice of the time and place for such configuration and
testing of the electronic ballot markers and ballot scanners to be used for
advance voting shall be given in accordance with O.C.G.A. §§ 21-2-374
and
21-2-379.25
and Rule
183-1-12-.08 prior to such
configuration and testing. |
| (4) |
The
electronic ballot markers and ballot scanners to be used for advance voting
shall be set up in a manner to assure the privacy of the elector while casting
his or her ballot while maintaining the security of such components against
tampering, damage, or other improper conduct. In addition, there shall be at
least one electronic ballot marker configured for use by physically disabled
electors. at each advance voting location. |
| (5) |
Voter access cards for use in electronic
ballot markers for advance voting may be encoded by use of an electronic poll
book or other device approved by the Secretary of State. The registrar may also
utilize the correct access code to manually bring up the correct ballot on the
touchscreen. |
| (6) |
Magnifying
devices shall be available at advance voting locations to assist voters in
reviewing their paper ballots. |
| (7) |
On the first day of the advance voting period, prior to any votes being cast on
ballot scanners, the registrars shall verify that the seals for each electronic
ballot marker, ballot scanner, and ballot box are intact and that there is no
evidence or indication of any tampering with the seal or the component. The
registrars shall verify that the number of the seal matches the number of the
seal recorded for that component when such component was prepared by the
election superintendent for the primary, election, or runoff. If a seal number
does not match or if there is any evidence or indication of tampering with the
seal or component, the election superintendent shall be immediately notified
and such component shall not be used until such matters are resolved by
agreement of the election superintendent and the registrars. The set up shall
be performed in public and the public may view the set up subject to such
reasonable rules and regulations as the registrars may deem appropriate to
protect the security of the voting system components and to prevent
interference with the duties of the registrars. The registrars and two
witnesses sworn as poll officers as provided in O.C.G.A. §§ 21-2-94
and
21-2-95
shall run a zero tape on each ballot scanner prior to the beginning of advance
voting on those scanners, and the registrar and the two witnesses shall sign
the zero tape in the space provided. The registrars shall verify that the
electronic ballot markers and ballot scanners all indicate zero counts prior to
the opening of the polls. If the tape does not show zero votes prior to the
start of voting, the election superintendent shall be immediately notified and
such component shall not be used until the component is cleared and the matter
is resolved by agreement of the election superintendent and the registrars. The
registrar and the same two sworn witnesses who signed the zero tape shall
inspect and confirm that the ballot box associated with that scanner is empty
and contains no ballots or other unauthorized matter, and shall verify that
fact in writing on a form to be developed by the Secretary of State. Such form
shall include the date and time it was executed, shall be attached to the zero
tape generated by the ballot scanner attached to that ballot box, and shall be
returned to the election superintendent at the close of the advance voting
period with the other paperwork from the voting location. The registrars shall
verify that there is no unauthorized matter affixed to the electronic ballot
markers, ballot scanners, or voting booths. The registrars shall affix a card
of instructions for voting within each voting booth. Prior to voters entering
the voting booth, the registrars may also distribute to such voters a card of
instructions for voting that has been approved or provided by the Secretary of
State. |
| (8) |
If at the close of
voting on any day during the advance voting period, there are more than 1,500
ballots inside any ballot box, the registrar and two sworn witnesses shall
unseal the ballot box, remove the paper ballots, and place the ballots in one
or more durable, portable, secure, and sealable containers. The registrars
shall complete and affix to each container a form identifying the advance
voting location, the advance voting dates that the ballots were cast, the
ballot scanner serial number, the number assigned to that ballot scanner for
that specific election, the count of the ballots from the ballot scanner, and
the date and time that the ballot box was emptied. The container shall be
sealed and signed by the registrar and the two witnesses such that it cannot be
opened without breaking the seal. The ballot box shall be resealed, and the new
seal numbers shall be documented. The registrar and at least one sworn witness
shall deliver the ballot container to the election superintendent for secured
storage until time for the tabulation of votes, and the election superintendent
shall complete a chain of custody form indicating the delivery of the secure
container. The form shall be signed by the registrar and any witnesses who
travelled with the registrar indicating that no sealed documents were unsealed
enroute and have not been tampered with. In the discretion of the registrar,
the same procedure for emptying the ballot box may be followed if there are
less than 1,500 ballots in the ballot box at the end of any advance voting day,
but the ballot box shall not be opened while voting is taking place except as
authorized by Rule
183-1-12-.10(5). |
| (9) |
At the close of voting each day during
the advance voting period, the registrars shall document the election counter
number from the ballot scanner on the daily recap sheet. The memory cards shall
remain in the ballot scanner at all times during the advance voting period
until the polls close on the day of the primary, election, or runoff. Each
electronic ballot marker, ballot scanner, ballot box, electronic poll book,
paper backup poll book, and voter access cards shall then be secured overnight.
If the room where advance voting is taking place cannot be locked and secured
overnight in the reasonable judgment of the superintendent, the superintendent
shall cause the voting system components to be stored in a locked, secure
container that is reasonably affixed to the polling place; be under visual
surveillance of an election official or their designee, a licensed security
guard, or a law enforcement official; or if, if the previously listed options
are not feasible, in another manner that in the reasonable judgment of the
superintendent secures and protects the voting system components from
unauthorized access. Any electronic visual surveillance used for security when
voting is not taking place shall not record, capture, or otherwise compromise
the privacy of an elector's ballot. |
| (10) |
Each morning during the advance voting
period prior to voting beginning, the registrars shall verify the seal numbers
on each electronic ballot marker and ballot scanner to be used for advance
voting with the number of the seal recorded on the daily recap sheet from the
previous day of advance voting and shall verify that the seals do not show any
signs of tampering. If the seal number corresponds to the entry on the daily
recap sheet and there is no evidence of tampering, the electronic ballot
markers and ballot scanners shall be turned on. If the numbers do not match or
there is evidence of tampering, the election superintendent shall be notified
immediately and the component shall not be used until such discrepancy is
resolved to the satisfaction of the election superintendent and the registrars.
After turning on the ballot scanners, the registrars shall verify the election
counter number with the number recorded on the daily recap sheet from the
previous day of advance voting. If the numbers do not match, the election
superintendent shall be immediately notified and the component shall not be
used until such discrepancy is resolved to the satisfaction of the election
superintendent and the registrars. The election counter number shall then be
entered onto the daily recap sheet for that day. |
| (11) |
Voters who vote absentee ballots in
person shall first complete an absentee ballot application and sign an oath,
which may be on the same form and may be on paper or digital. After the
registrars determine that the voter is eligible to vote, the registrars shall
note the voter's registration number and ballot style on the absentee ballot
application. Each voter shall be offered instruction by a registrar in the
method of voting on the voting system, including specific instruction to review
their printed ballot prior to scanning it. In providing such instruction, the
registrar shall not in any manner request, suggest, or seek or persuade or
induce any voter to vote any particular ticket or for any particular candidate,
or for or against any particular question. The voter shall then be issued a
voter access card programmed with the correct ballot style or the registrar
shall use the correct access code to manually bring up the correct ballot on
the electronic ballot marker. The voter shall then enter the enclosed space in
the advance voting location and proceed to vote his or her choices. Upon making
his or her selections, the voter shall cause the paper ballot to print, remove
his or her printed ballot from the printer, remove the voter access card from
the touchscreen unit, review the selections on his or her printed ballot, scan
his or her printed ballot into the ballot scanner, and return the voter access
card to a poll officer. |
| (12) |
The
registrars shall cause each advance voting location to be sufficiently staffed.
At least one poll officer shall be assigned to assisting voters who have
questions while they are in the voting booth, but before they approach the
ballot scanner. Another poll officer shall be stationed at every ballot scanner
in use in the polling place while voting is occurring. The poll officer
stationed at the ballot scanner shall offer each voter specific verbal
instruction to review their printed paper ballot prior to scanning it. In
addition to the preceding instruction, the poll officer stationed at the ballot
scanner shall offer general instruction throughout the period while voting is
occurring telling voters that sample ballots and magnifying devices are
available to assist them in reviewing their paper ballot. The poll officer
shall take all reasonable precautions not to view the selections on an
elector's ballot unless it is required due to assistance requested by the
elector. If a poll officer observes a voter attempting to leave the enclosed
space with a paper ballot, the poll officer shall inform the voter of the
consequence of not depositing his or her paper ballot into the ballot scanner
prior to leaving the room.
| (a) |
If a voter
discovers that the ballot presented on the electronic ballot marker is not
correct or, for a partisan primary, is not the ballot that the voter desired to
vote, the voter should immediately notify a poll officer. The poll officer
shall cancel or void the ballot on the electronic ballot marker without
attempting, in any manner, to see how the voter has voted and shall then take
the necessary steps to provide the voter with the correct ballot and make any
necessary corrections to the voter's certificate of the voter, the electors
list, and the numbered list of voters. If the error is due to equipment
malfunction, the poll officer shall document the incident on a form developed
by the Secretary of State. The poll officer shall inform the election
superintendent immediately if one or more electronic ballot markers are
associated with a significant number of incidents. |
| (b) |
If, while reviewing his or her paper
ballot, a voter discovers that the printed ballot does not reflect the voter's
desired selections or that the voter was not issued the proper ballot, the
voter should immediately inform a poll officer. The poll officer shall spoil
the paper ballot and take the necessary steps to allow the voter to make his or
her selections again on the electronic ballot marker and cause the correct
ballot to be issued. The poll officer shall document the incident on a form
circulated by the Secretary of State. The poll manager shall inform the
elections superintendent immediately if one or more BMDs are associated with a
significant number of incidents. |
|
| (13) |
At the end of the advance voting period,
the registrars shall record the election counter number from each ballot
scanner on the daily recap sheet. The ballot scanners shall be shut down and
sealed. The registrars shall record the seal numbers on the daily recap sheet.
The registrar and two sworn witnesses shall unseal the ballot box, remove the
paper ballots, and place the ballots in one or more durable, portable, secure,
and sealable containers. The registrars shall complete and affix to each
container a form identifying the advance voting location, the advance voting
dates that the ballots were cast, ballot scanner serial number, the number
assigned to that ballot scanner for that specific election, the count of the
ballots from the ballot scanner, and the date and time that the ballot box was
emptied. The container shall be sealed and signed by the registrar and the two
witnesses such that it cannot be opened without breaking the seal. The ballot
box shall be resealed, and the new seal numbers shall be documented. The
registrar and at least one sworn witness shall deliver the ballot container to
the election superintendent for secured storage until time for the tabulation
of votes, and the election superintendent shall complete a chain of custody
form indicating the delivery of the secure container. The form shall be signed
by the registrar and any witnesses who travelled with the registrar indicating
that no sealed documents were unsealed enroute and have not been tampered with.
The ballot scanners and ballot containers shall then be secured until time for
the tabulation of votes. |
| (14) |
By
the close of the polls on the day of the primary, election, or runoff, the
registrars shall deliver all of the ballot scanners used for advance voting and
all other absentee ballots received to the election superintendent or the
tabulating center. The election superintendent or tabulating center personnel
shall count all of the absentee ballots in accordance with the procedures
required by law and the rules of the State Election Board. The election
superintendent or tabulating center personnel shall verify the seal numbers of
each ballot scanner with the numbers recorded on the daily recap sheet form and
shall inspect each seal and unit to verify that there is no evidence of
tampering with the unit. If the seal numbers are not correct or there is
evidence of tampering, the Secretary of State and the election superintendent
shall be notified immediately and no further action shall be taken with regard
to such unit until the reason for the discrepancy has been determined to the
satisfaction of the election superintendent. |
| (15) |
After verifying the seal number and the
integrity of the seal on each ballot scanner, the election superintendent or
tabulating center personnel shall open each ballot scanner and turn on the
power. The election superintendent or tabulating center personnel shall then
compare the numbers shown on the election counters of the ballot scanners with
the numbered list of absentee electors and the absentee ballot recap form to
verify that there are no discrepancies. If there is a discrepancy, no further
action shall be taken until the reason for the discrepancy has been determined
to the satisfaction of the election superintendent. The election superintendent
or tabulating center personnel shall cause each ballot scanner to print a
minimum of three tapes showing the vote totals as cast on that ballot scanner.
Three witnesses shall sign each of the tapes or shall write on the tapes the
reason why they will not sign the tapes. One copy of the results tape for each
ballot scanner shall be made available for the information of the public. One
tape shall be placed into an envelope (or reusable document storage container
suitable for the same purpose), provided by the election superintendent along
with "poll worker" memory cards from the ballot scanner. The envelope shall be
sealed by the poll manager and the same two witnesses who signed the tape such
that the envelope cannot be opened without breaking such seal. The envelope
shall be initialed by the poll manager and the two witnesses indicating that it
contains the correct tape and memory card from the indicated ballot scanner.
The envelope shall be labelled with the name of the polling place, the serial
number of the ballot scanner, and the number assigned to the ballot scanner for
that election. The third tape shall be placed into another envelope with the
absentee ballot recap form. |
| (16) |
After completing the printing of the results, the ballot scanner shall be
turned off, secured, and resealed. The ballot scanners shall then be placed in
a secure area with appropriate climate control. The envelopes containing the
memory cards and results tapes, voter access cards, poll worker cards, ballot
encoder devices, numbered lists of absentee voters, absentee ballot recap
forms, and other such paperwork shall be transported to the office of the
election superintendent by the election superintendent or tabulating center
personal, which transportation shall at all times involve at least two
authorized individuals. The office of the election superintendent shall receive
the materials and shall document delivery. The election superintendent or
tabulating center personal who travelled with the materials shall sign a form
indicating that no sealed documents were unsealed enroute and that the
materials have not been tampered with. |
| (17) |
Any notices to the Secretary of State
about discrepancies in numbers or seals, zero tapes, or election counters shall
also be forwarded to members of the State Election Board, but such information
shall be considered confidential if the Secretary of State has initiated an
investigation of the matter. |
| (1) |
Except as otherwise provided by O.C.G.A.
§ 21-2-220(c),
when the registrars receive a request for an absentee ballot from a voter who
registered to vote for the first time in this state by mail and has not
provided the identification required by O.C.G.A. § 21-2-220,
the registrars shall process the request in the same manner as other requests
for absentee ballots. If the voter is found to be eligible to vote by absentee
ballot, the registrars shall issue a ballot to the voter and mark the outer
oath envelope with the code "IR." In addition to the information concerning how
to vote the ballot, the registrars shall also enclose with the absentee ballot
instructions on providing proper identification and in accessing the free
access system to determine if the ballot was counted as required by O.C.G.A.
§ 21-2-418(e) and
(f). |
| (2) |
When an absentee ballot is received from
a voter who registered to vote for the first time in this state by mail and has
not provided the identification required by O.C.G.A. § 21-2-220,
except as otherwise provided by O.C.G.A. § 21-2-220(c),
the registrars shall process the ballot as other absentee ballots returned by
voters. If the ballot is accepted by the registrars but the voter has not
provided the required identification, the ballot shall be treated as a
provisional ballot and shall be held separate and apart from the other absentee
ballots. The registrars shall maintain a numbered list of provisional absentee
ballots. |
| (3) |
If an absentee voter
whose ballot has been accepted but treated as a provisional ballot for failure
to provide the required identification provides the required identification
prior to the close of the polls on the day of the election, the voter's ballot
shall be treated as a regular absentee ballot and the voter shall be switched
from the numbered list of provisional absentee voters to the numbered list of
regular absentee voters. |
| (4) |
As
soon as practicable after 12:00 Noon on the day of the primary, election, or
runoff, the registrars shall begin to deliver all accepted regular and
provisional absentee ballots to the absentee ballot precinct in accordance with
law. The provisional absentee ballots shall be retained by the poll officers at
the absentee ballot precinct or tabulating center, as the case may be, unopened
and shall not be counted. The provisional absentee ballots shall be placed in a
secure container for provisional ballots and shall be transferred to the
election superintendent with the other absentee ballots and election materials
from the absentee ballot precinct or tabulating center, as the case may
be. |
| (5) |
If, by the end of the
period set by law for the verification of provisional ballots, the registrars
receive the required identification from an absentee voter who failed initially
to provide the required identification, then the registrars shall notify the
election superintendent to count the ballot of such voter in the same manner as
other verified provisional ballots from the polls. If the registrars do not
receive the required identification from such absentee voter by the end of the
period set by law for the verification of provisional ballots, the registrars
shall notify the election superintendent to not count the ballot and the ballot
shall remain unopened and sealed and shall be retained in accordance with law
with the other provisional ballots which the registrars did not verify for
counting. |
| (1) |
The registrars of each county shall on
the 32nd day prior to each statewide general primary and general election
submit to the Secretary of State on a form provided by the Secretary of State
information concerning absentee ballots requested by electors who are entitled
to vote by absentee ballot under the federal Uniformed and Overseas Citizens
Absentee Voting Act,
42
U.S.C. § 1973 ff, et
seq., as amended. Such report shall include the number of absentee
ballots requested by each such category of absentee voter, the date on which
the absentee ballots were available in the registrars' office, and the date on
which the ballots requested by such voters were sent to the voters. The
Secretary of State may request further information related to the application
for and the transmittal of such ballots. |
| (2) |
The report shall be submitted to the
Secretary of State either by facsimile or other electronic means on the 32nd
day prior to each statewide general primary and general election. |
| (a) |
The Secretary of State shall design a
state write-in absentee ballot for use in runoff primaries and runoff elections
by an elector of this state who resides outside the county or the municipality
in which the election is being conducted and is:
| (1) |
a member of the armed forces of the
United States, a member of the merchant marine of the United States, a member
of the commissioned corps of the Public Health Service or the National Oceanic
and Atmospheric Administration, or a spouse or dependent of such member
residing with or accompanying said member; or |
| (2) |
A citizen of the United States residing
outside the United States. |
|
| (b) |
Such state write-in absentee ballot shall
be designed in such a manner as to permit the person voting such ballot to
write-in the name of a candidate or candidates for state offices that are
elected on a state-wide basis and for all federal offices in a runoff primary
or runoff election. Such state write-in ballot shall automatically be included
with any absentee ballot sent to such eligible electors for any general primary
or general election. No special request for such ballot shall be required in
such circumstances. |
| (c) |
Such ballot
shall either have attached to or have included with such ballot two envelopes.
One envelope shall have printed on such envelope the words "Official State
Write-In Absentee Ballot" and nothing else. The other envelope shall be
designed such that the first envelope will fit inside it and shall have printed
on one side the absentee elector oath and the other side shall contain a place
for the elector to address the ballot to the appropriate board of registrars or
board of elections and registration in this state for mailing. |
| (d) |
The Secretary of State shall prepare and
print instructions for completing and returning such ballot that shall also be
enclosed with such ballot. The state write-in absentee ballot, the envelopes
for returning it, and the instructions shall be enclosed with the regular
absentee ballot, envelopes, and instructions for completing and returning the
regular absentee ballot. |
| (e) |
Such
ballots shall be made available in a downloadable electronic form on the
Secretary of State's website as well as in printed form. Additionally, the
Secretary of State and the county registrars shall provide for the transmission
of such blank ballots by facsimile transmission and electronic mail
transmission to electors. Instructions for voting such ballots shall be
included on the website and shall accompany any facsimile and electronic mail
ballot transmissions. Voted ballots shall not be returned by facsimile or
electronic mail. |
| (f) |
As soon as
practicable after a general primary or general election, the Secretary of State
shall cause to be published on the official website of the Secretary of State a
list of all federal offices and state offices in which there will be a runoff
primary or runoff election, as the case may be, along with the names of the
candidates who will be on the ballot in such runoff. |
| (g) |
If an elector obtains the ballot by
facsimile or by downloading from electronic mail or the Secretary of State's
website, the elector shall return the ballot by mail using two envelopes. The
elector shall enclose and seal the ballot in a plain envelope and insert that
envelope into another envelope for transmission to the registrars. The elector
shall copy and sign the appropriate oath onto the back of the outer envelope.
The Secretary of State shall provide a sample envelope and oath form on the
Secretary of State's website in such a manner that such form may be used by an
elector to print out the forms for the purpose of pasting or attaching such
forms to an envelope for returning the ballot or for printing an envelope for
returning the ballot. |
| (h) |
If the
registrars receive both the official absentee runoff ballot and the state
write-in absentee ballot from an elector during the time period for receiving
such ballots, the registrars shall submit only the official absentee runoff
ballot for counting. In such case, the state write-in absentee ballot shall be
handled in the same manner as ballots that are received too late for counting.
In order to ensure that the correct ballot is counted, the registrars shall
hold the ballots of individuals to whom both an official absentee runoff ballot
and a state write-in ballot have been sent until the close of the absentee
voting period before submitting such ballots for counting. |
| (i) |
The failure of an elector to seal the
ballot in an inner envelope alone shall not be grounds for rejecting such
ballot. The failure of the elector to complete the oath required of absentee
voters on the outer envelope shall be cause to reject such ballot. |
| (1) |
When an absentee
ballot is spoiled, the elector may write "Spoiled" across the face of the ballot,
then fold the ballot and enclose and securely seal the same in the envelope on
which is printed "Official Absentee Ballot." This envelope shall then be placed
in the second one, on which is printed the form of the oath of the elector, the
name, relationship, and oath of the person assisting, if any, and other required
identifying information. The elector shall then fill out the required information
on such envelope, without the requirement to subscribe or swear to the oath
printed on such envelope. Such envelope shall then be securely sealed and the
elector shall write across the face of the envelope "Spoiled" and then mail or
personally deliver same to the board of registrars or absentee ballot clerk in
accordance with O.C.G.A. Section
21-2-385. |
| (2) |
Upon receipt of an absentee ballot upon
which the word "Spoiled" has been written across the face of the envelope, a
registrar or absentee ballot clerk shall write the day and hour of the receipt of
the ballot on its envelope. The registrar or absentee ballot clerk shall, within
two days after the receipt of such ballot, mail or issue another official
absentee ballot to the elector. All returned spoiled ballots shall be safely kept
unopened by the board or absentee ballot clerk and then transferred to the
appropriate clerk for storage for the period of time required for the
preservation of ballots used at the primary or election and shall then, without
being opened, be destroyed in like manner as the used ballots of the primary or
election. |
| (3) |
The directions that
explain how to cast a vote and how to obtain a new ballot after one is spoiled
shall appear immediately under the caption on the ballot in substantially the
following form as appropriate for that particular primary or election:
To vote, use black or blue ink to mark the ballot. Completely
fill-in the empty oval to the left of the candidate name or choice in all races
you wish to vote. If voting for a Write-In Candidate, completely fill-in the
empty oval to the left of the write in selection, then write the name of the
write-in candidate in the space provided.
Warning, do not use red ink or a felt tip pen to mark the
ballot. Do not circle, underline, or mark through ballot choices. Do not use
"check" marks or an "X" to mark your ballot. Do not mark more choices per race
than allowed. Do not sign, cut, tear, or damage the ballot.
If you change your mind or make a mistake on a selection, do
not attempt to mark through the selection or attempt to erase. write "Spoiled"
across the face of the ballot and across the return envelope. Mail or return the
spoiled ballot and envelope to your county board of registrars, and a new
official absentee ballot will be mailed to you.
If you decide to vote in-person, surrender the ballot to the
poll manager of an early voting site within your county or the precinct to which
you are assigned. You will then be permitted to vote a regular ballot.
"I understand that the offer or acceptance of money or another
object of value to vote for any particular candidate, list of candidates, issue,
or list of issues included in this election constitutes an act of voter fraud and
is a felony under Georgia law." See O.C.G.A. §§ 21-2-284(e),
21-2-285(h),
and
21-2-383(a).
|
| (1) |
Definitions. As used in
these rules and the Georgia Election Code, the term:
| (a) |
"Spoiled ballot" includes a ballot
| 1. |
that has been torn, defaced, or physically
deformed; |
| 2. |
on which there are
cast more than the permitted number of votes; |
| 3. |
that has been completed in a manner which
is illegible or incomprehensible; |
| 4. |
that contains writing which compromises
the secrecy of the ballot; |
| 5. |
that
is marked improperly, inappropriately, or in such a way that it would be
rejected; |
| 6. |
that was issued in
error by the election official; or |
| 7. |
that contains the wrong precinct, party,
or style. |
|
|
| (2) |
A spoiled ballot shall not be reinstated. |
| (1) |
Definitions. As used in this Rule and
O.C.G.A. Section
21-2-382,
the term:
| (a) |
"Government building generally
accessible to the public" means any building or structure which is used by the
public:
| 1. |
that is owned, leased, operated,
or used by, the State of Georgia, its agencies and authorities, and any
political subdivision of the state, municipal corporation, or local board or
authority created by general, local, or special Act of the General Assembly or
by ordinance or resolution of the governing body of a county or municipal
corporation individually or jointly with other political subdivisions or
municipalities of the State; and |
| 2. |
that is constructed or renovated in whole or in part by use of state, county,
or municipal funds; the funds of any political subdivision of the State; or, to
the extent not required otherwise by federal law or regulations and not beyond
the power of the State to regulate, federal funds. |
|
|
| (2) |
A board of registrars may
establish additional sites as additional registrar's offices or places of
registration for the purpose of receiving absentee ballots under O.C.G.A.
Section
21-2-381
and for the purpose of voting absentee ballots under O.C.G.A. Section
21-2-385.
Whenever practicable, a branch of the county courthouse, a courthouse annex, a
government service center providing general government services, or another
government building generally accessible to the public shall be utilized for
such additional sites. |
| (1) |
Definitions. As used in this Rule and
O.C.G.A. Section
21-2-388,
the phrase:
| (a) |
"An absentee ballot which has
been voted" means an absentee ballot that has been returned to and received by
the board of registrars and has been certified in accordance with subsection
(a) of O.C.G.A. Section
21-2-386
by the board of registrars. |
|
| (2) |
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 the board of registrars or absentee ballot clerk
rejects or otherwise fails to certify an absentee ballot in accordance with
subsection (a) of O.C.G.A. Section
21-2-386,
the elector shall be provided the opportunity to vote in the primary, election,
or runoff either by applying for a second absentee ballot prior to the day
before such primary, election, or runoff or by voting in person at the
elector's polling place on the day of the primary, election, or
runoff. |
Absentee ballots cast in a primary, election, or runoff by
eligible electors who reside outside the county or municipality in which the
primary, election, or runoff is held are members of the armed forces of the
United States, members of the merchant marine of the United States, spouses or
dependents of members of the armed forces or merchant marine residing with or
accompanying such member, or overseas citizens that are received by United
States Mail or commercial courier, without bearing a postmark, and within the
three-day period following such primary, election, or runoff, if proper in all
other respects, shall be valid ballots and shall be counted and included in the
certified election results.
During early voting, as additional applicants for absentee
ballots are determined to be eligible, the board of registrars or absentee
ballot clerk shall mail or issue official absentee ballots or provisional
absentee ballots, if appropriate, to such additional applicants immediately
upon determining their eligibility. The board or clerk shall make such
determination and mail or issue official absentee ballots; provisional absentee
ballots, if appropriate, or notices of rejection of absentee ballot
applications to such additional applicants within 3 business days after
receiving the absentee ballot applications.
| (1) |
The application for an absentee ballot
shall be in writing and shall contain sufficient information for proper
identification of the elector. To be deemed sufficient, an application for an
absentee ballot must contain the signature of the applicant.
| (a) |
In the case of the elector making such
application for an absentee ballot, the application shall contain the signature
of such elector. |
| (b) |
In the case of
a relative making an application on behalf of an elector pursuant to O.C.G.A.
§ 21-2-381(a)(1)(B),
the application shall contain the signature of the elector's relative as well
as the relationship of the relative to the elector. |
|
| (2) |
Any person or entity, except an election
superintendent or registrar, that creates an application for absentee ballot
form for an elector, other than the elector themselves, shall ensure that the
absentee ballot form is substantially in the same form as the application for
absentee ballot form made available by the Secretary of State. Such person or
entity shall also clearly disclose on the face of the application for absentee
ballot form that they created the application for absentee ballot form. Any
nonconforming application for absentee ballot shall still be processed if it
meets the legal requirements of O.C.G.A. § 21-2-381(a). |
When a timely submitted absentee ballot is rejected, the
board of registrars or absentee ballot clerk shall send the elector notice of
such rejection and opportunity to cure by mailing written notice, and attempt
to notify the elector by telephone and email, if a telephone number or email is
on the elector's voter registration record or absentee ballot application, no
later than the close of business on the third business day after receiving the
absentee ballot. However, for any timely submitted absentee ballot that is
rejected within eleven days of Election Day, the board of registrars or
absentee ballot clerk shall send the elector notice of such rejection and
opportunity to cure by mailing written notice, and attempt to notify the
elector by telephone and email, if a telephone number or email is on the
elector's voter registration record or absentee ballot application, no later
than close of business on the next business day.
