Current through Rules and Regulations filed through March 20, 2024
(a) After the Polls Close.
1. Immediately after the polls close and the
last voter has voted, the poll manager and two witnesses who have been
previously sworn as poll officers as provided in O.C.G.A. §§
21-2-94 and
21-2-95shall begin the closing
procedure on each ballot scanner so that no further votes are cast and record
the number of scanned ballots from every ballot scanner used in the polling
place. The poll manager and the two witnesses shall record the number of
scanned ballots from each scanner on a recap form to be developed by the
Secretary of State. The poll manager and the two witnesses shall cause each
ballot scanner to print three tapes of the tabulated results and shall sign
each tape indicating that it is a true and correct copy of the tape produced by
the ballot scanner. If the poll manager or the witnesses have reason to believe
that printed tapes are not a true and correct tabulation of the ballots scanned
by that ballot scanner, the poll manager or witness shall document the reasons
and evidence for that belief and inform the election superintendent, who shall
take appropriate action, in his or her discretion, so that the ballots in the
ballot box associated with the ballot scanner are accurately
tabulated.
2. The poll manager
shall cause the number of printed ballots from each ballot marking device to be
recorded on the recap form. The poll manager shall further cause the number of
spoiled ballots and ballots placed in the emergency bin of the scanner that
were unable to be scanned to be recorded on the recap form. The poll manager
shall cause the total number of voter check ins from the electronic poll book
and/or paper voter list to be recorded on the recap form. If the numbers
recorded on the recap form do not reconcile with each other, the poll manager
shall immediately determine the reason for the inconsistency; correct the
inconsistency, if possible; and fully document the inconsistency or problem
along with any corrective measures taken.
3. As soon as possible after the polls close
and the last elector votes, the poll manager shall advise the election
superintendent of the total number of ballots scanned into the ballot scanner,
the total number of provisional ballots issued at the precinct, and the total
number of any cast but unscanned ballots in a scanner emergency bin in the
manner prescribed by the Secretary of State.
4. One of the three tapes of the tabulated
results printed from the ballot scanner shall be affixed to the door of the
polling place for the information of the public along with a copy of the
provisional ballot recap form for the polling place. One tape shall be placed
into an envelope (or reusable document storage container suitable for the same
purposes) provided by the election superintendent, along with the "poll
officer" memory card 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 poll manager and the
two witnesses shall initial the envelope 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 polling
place recap form.
5. The poll
manager and two witnesses who have been sworn as poll officers as provided in
O.C.G.A. §§
21-2-94 and
21-2-95shall unseal and open each
ballot box, remove the paper ballots from each ballot box, and place the paper
ballots into a durable, portable, secure and sealable container to be provided
for transport to the office of the election superintendent. A separate
container shall be used for the paper ballots from each ballot box and the
container shall be labelled with the polling place, ballot scanner serial
number, the number assigned to the ballot scanner for that election, the count
of the ballots from the tabulation tape, and the date and time that the ballot
box was emptied. The container shall be sealed and signed by the poll manager
and the same two witnesses such that it cannot be opened without breaking the
seal. The poll manager and the two witnesses shall sign a label affixed to the
container indicating that it contains all of the correct ballots from the
indicated ballot box and no additional ballots.
6. The poll manager and the same two
witnesses who emptied the ballot box shall complete and sign a form indicating
that the ballot box was properly emptied and the ballots were properly stored
and secured. Such form shall be delivered to the election superintendent with
the completed polling place recap form. The ballot box shall be resealed and
the new seal numbers shall be documented.
7. The envelopes containing the tabulation
tape and the memory card, the containers containing the paper ballots, the
completed polling place recap forms, voter access cards, supervisor's cards,
electors lists, numbered lists of voters, electronic poll books, and other such
paperwork shall be delivered to the election superintendent by the poll manager
and at least one other sworn poll officer or law enforcement official. The
election superintendent or his or her designee shall receive the materials and
shall issue a receipt to the poll manager for the materials. The poll manager
and any poll officers 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. The election superintendent, in his or
her discretion, may allow a designee of the poll manager to deliver the
envelopes or containers containing the ballot scanner tabulation tapes and
memory cards to be used for unofficial reporting of results prior to the
delivery of the other polling place materials provided that the same procedures
for transit and delivery set forth herein are followed.
8. Before leaving the polling place, the poll
manager shall power off, secure, and seal all electronic ballot markers, ballot
boxes, and ballot scanners. The polling place shall be locked to prohibit
unauthorized entry.
9. Accredited
poll watchers shall be allowed to observe the process described in this rule;
however, they must do so in a manner that does not interfere with poll
officials.
(b)
Consolidation of Results.
1. All persons
involved with the tabulation and consolidation of the election results and who
will operate the computer programs or handle the memory cards shall be sworn in
the same manner that custodians are sworn before entering into their
duties.
2. Only persons who are
permanent employees of the election superintendent or have been duly sworn as
poll officers or custodians shall touch or be in contact with any ballot,
container, returns, tapes, device, memory card, or any other such election
materials. Only persons who are employed by the election superintendent or have
been duly sworn shall be in the immediate area of the tabulating center
designated by the superintendent for the officers to conduct the tabulation and
consolidation of the election results.
3. The tabulation and consolidation shall be
performed in public. However, the election superintendent may make reasonable
rules and regulations for conduct at the tabulating center for the security of
the results and the returns and to avoid interference with the tabulating
center personnel.
4. The election
superintendent shall ensure all properly cast ballots that are received by the
deadline to receive ballots are processed, verified, and tabulated as soon as
possible and shall not cease such count and tabulation until all such ballots
are counted and tabulated. However, counting may cease prior to tabulating
provisional ballots that are cured by the prescribed deadline and validated
pursuant to O.C.G.A. §
21-2-419, so long as those ballots
are processed, verified, and tabulated as soon as possible. Counting may also
cease prior to tabulating ballots from qualified electors who are entitled to
vote by absentee ballot under the federal Uniformed and Overseas Citizens
Absentee Voting Act, 52
U.S.C. Section 20301, et seq. ("UOCAVA"),
that are received after the deadline to receive non-UOCAVA ballots but before
the deadline for UOCAVA ballots set forth in O.C.G.A. §
21-2-386(a)(1)(G)
so long as those ballots are processed,
verified, and tabulated as soon as possible following their timely receipt.
a. For the purposes of this rule, "shall not
cease" allows for reasonable or limited breaks so long as the processing,
counting, and tabulating of ballots resumes as soon as possible. If the
election superintendent, in its reasonable discretion, determines that due to
mechanical or technological failures, emergency circumstances, or other
circumstances that do not allow the processing, counting, and tabulating of
ballots to continue reliably and accurately, the election superintendent shall
report as soon as possible in writing to the Secretary of State in the manner
prescribed by the Secretary of State the reason the processing, counting, and
tabulating of ballots cannot continue reliably and accurately and the estimated
time that the processing, counting, and tabulating ballots will resume.
5. Upon the delivery of
any election materials from a polling place, the election superintendent or his
or her designee shall provide a receipt that clearly states what election
materials have been delivered.
6.
Upon receiving the paper ballots and the memory cards, the election
superintendent shall verify the signatures on the sealed envelopes and
containers, verify that the seals are intact, that the envelopes or containers
have not been opened, and that there is no evidence of tampering with the
envelopes, containers, or their contents.
7. In the case of elections for county,
state, and federal office, after verifying that the envelopes and containers
are properly sealed and have not been opened or tampered with, the election
superintendent shall break the seal and open each envelope and remove the
memory card and results tape. The election superintendent or his or her
designee shall then insert the memory card into the election management system
computer and transfer the vote totals from the memory card into the election
management system for official tabulation and consolidation.
8. After transferring all of the vote totals
from the memory cards to the election management system and consolidating such
totals with the totals from the absentee ballot system and such votes from any
provisional ballots which have been found by the registrars to be authorized
pursuant to O.C.G.A. §
21-2-419, the election
superintendent shall prepare the official consolidated returns for the primary,
election, or runoff.
9. The
election superintendent shall not list and certify in the official consolidated
returns for an election any results for write in candidates who were not
properly qualified under O.C.G.A. §
21-2-133.
10. In the case of primaries, elections, and
runoffs for county, state, and federal office, the county election
superintendent shall transmit to the Secretary of State the election returns by
precinct for the county in electronic format or by electronic means, as may be
specified by the Secretary of State, within fourteen days following a primary,
election, or runoff.
(c)
Publicly Posting Total Number of Ballots Cast After Close of Polls.
1. For the purposes of publicly posting the
number of ballots cast, including the total number of ballots scanned into the
ballot scanner, the total number of provisional ballots issued at the precinct,
and the total number of any cast but unscanned ballots in a scanner emergency
bin, as soon as possible after the close of polls and the number of absentee
ballots received as soon as possible following the deadline to receive such
absentee ballots as required by O.C.G.A §
21-2-421(a),
posting information in a prominent public place means:
a. If the county or municipality maintains a
publicly accessible website, publishing information on the homepage of the
county's publicly accessible website associated with elections and/or
registrations.
b. If the county or
municipality does not maintain a publicly accessible website, affixing
information on the door of the county or municipality's election office such
that the information is viewable to the public.
c. At the same time that such information is
publicly posted, it shall be transmitted to the Secretary of State in a manner
determined by the Secretary of State.
(d) Election Night Reporting. The election
superintendent shall transmit to the Secretary of State unofficial election
results for all races for state offices in any primary, election, or runoff as
soon as possible after the closing of the polls for such primary, election, or
runoff. Such results shall be transmitted in a format prescribed by the
Secretary of State. At a minimum, the results shall be transmitted upon one
third of the precincts reporting results, upon two thirds of the precincts
reporting results, and upon all precincts reporting results, including absentee
ballots within all precincts. Except upon prior notice to and consultation with
the Secretary of State, no election superintendent shall conclude the
tabulation of votes on election night in any primary, election, or runoff in
which there are contested races for federal and state offices until and unless
all such unofficial results, including absentee ballots, have been transmitted
to the Secretary of State.
(e)
Reconciliation Report
1. As soon as possible
but no later than 30 days following the certification of election results, the
election superintendent shall transmit to the Secretary of State a
reconciliation report that reconciles the aggregate total of all ballots cast
in each precinct as reported in the precinct-level election results to the
aggregate number of voters who received credit for voting in each precinct on
the form made available by the Secretary of State. Any discrepancies in the
aggregate total of ballots cast in each precinct compared to the aggregate
number of voters who received credit for voting in a precinct shall be fully
investigated by the election superintendent or designee. The explanation for
any discrepancy shall be included in the Reconciliation
Report.
O.C.G.A. §§
21-2-31,
21-2-94,
21-2-95,
21-2-420,
21-2-421.