Compilation of Rules and Regulations of the State of Georgia
Department 183 - RULES OF STATE ELECTION BOARD
Chapter 183-1 - GEORGIA ELECTION CODE
Subject 183-1-12 - PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS
Rule 183-1-12-.13 - Storage of Returns

Universal Citation: GA Rules and Regs r 183-1-12-.13

Current through Rules and Regulations filed through December 18, 2024

(a) After tabulating and consolidating the results, the election superintendent shall prepare an electronic file which shall contain a copy of the information contained on each memory card which shall include all ballot images as well as vote totals and a copy of the consolidated returns from the election management system.

(1) As provided by O.C.G.A. § 50-18-71, ballot images are subject to public disclosure. The election superintendent shall retain copies of all ballot images prior to depositing election materials to the clerk of superior court or the municipal clerk, as appropriate, in accordance with O.C.G.A. § 21-2-500 to ensure the election superintendent's ability to provide public access to ballot images.

(2) The election superintendent or designee shall not use any media (e.g., flash drive, compact disk) provided by a requestor to produce ballot images. The election superintendent or designee may charge the requestor the actual cost of the media pursuant to O.C.G.A. § 50-18-71(c)(2).

(b) The electronic file shall be stored on a secure medium which shall be placed in a sealed envelope or container and shall become a part of the election materials which shall be deposited with the clerk of superior court or the municipal clerk, as appropriate, in accordance with O.C.G.A. § 21-2-500. In addition, the signed results tape from each ballot scanner and the corresponding paper ballots shall also be deposited with the clerk of superior court.

(c) The memory cards shall be sealed in an appropriate container and securely maintained by the election superintendent until the period for requesting a recount of the primary, election, or run off results has expired. The election superintendent and at least one other sworn individual in the tabulating center shall seal the container and sign the seal such that the container cannot be opened without destroying or damaging the seal. Upon the expiration of the period for requesting a recount, the election superintendent may use the memory cards for programming ballot scanners units for the next primary, election, or runoff.

O.C.G.A. §§ 21-2-31, 21-2-500, 50-18-71.

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