Current through Rules and Regulations filed through December 18, 2024
(1) This rule shall govern the casting of
provisional ballots by voters at primaries and elections in accordance with
O.C.G.A. §§
21-2-418 and
21-2-419.
(2) In each polling place, there shall be
established a location or station in the public area of the polling place for
the purpose of issuing and receiving provisional ballots. Each polling place
shall have an information sheet developed by the Secretary of State available
for voters who have questions about the provisional ballot process. The
information sheet should describe relevant law regarding provisional ballots
for voters who do not show up on the electors list for that polling place.
(3) The election superintendent
shall provide each polling place with an adequate supply of provisional ballots
in each ballot style (district combination) for the precinct and an inner
ballot envelope and an outer ballot envelope. The election superintendent shall
also be prepared to resupply polling places with provisional ballots in needed
ballot styles in a timely manner while voting is occurring so that polling
places do not run out of provisional ballots. The ballot envelopes shall be so
designed that the ballot will fit within the inner ballot envelope and the
inner ballot envelope will fit within the outer ballot envelope. The inner
ballot envelope shall have printed on it the words "Official Provisional
Ballot" and nothing else. The outer envelope shall have places for inserting
the person's name, precinct, date and name of election, ballot style (district
combination), and whether such ballot is a regular provisional ballot, a
provisional ballot cast by 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 and
21-2-417, or a ballot cast during
poll hours extended by a court order, or a combination thereof. Primaries and
elections conducted by counties shall use optical scan ballots for provisional
voting. The poll manager shall cause all voted provisional ballots to be
deposited into the provisional ballot box and not be inserted into the polling
place ballot scanner and kept separate and apart from non-provisional ballots
cast at the polling place. Municipalities shall use the same type of ballots as
the municipality uses for mail-in absentee voting. The election superintendent
shall also provide a booth for voting provisional ballots in the enclosed space
which will provide privacy for a person while voting a provisional ballot and a
secure container in which the voted provisional ballots shall be
placed.
(4) Voters whose names do
not appear on electors list.
(a) When a person
arrives at a polling place, completes a voter certificate, and presents it to
the poll workers but the person's name does not appear on the official electors
list for the precinct, the poll officers shall immediately direct the person to
the provisional ballot station. The polling place shall have an electronic poll
book that includes a master list of registered voters in the state, and the
poll workers shall check the list to determine if the person is assigned to a
different polling place within the county or registered in a different county.
If the person's name appears on the master list for a different precinct within
the same county, the poll workers shall inform the person of his or her correct
polling place. If the person states a good-faith belief that he or she timely
registered to vote in the precinct in which he or she is present, he or she
shall be offered a provisional ballot. The poll officials shall also inform
such person that any votes cast by a provisional ballot in the wrong precinct
will only be counted if it is cast after 5:00 P.M. and before the regular time
for the closing of the polls on the day of the primary, election, or runoff and
if the person executes a sworn statement, witnessed by the poll official,
stating that he or she is unable to vote at his or her correct polling place
prior to the closing of the polls and giving the reason therefor. For the
purposes of this rule, any otherwise eligible vote cast by an elector who is in
line by the regular time of the closing of the polls shall be deemed as having
been cast before the regular time of the closing of the polls. If the person is
registered in a different county, the poll officer shall inform the person that
he or she appears to be registered in a different county. If the person is
still eligible to vote in the county in which they appear to be registered, the
person may return to that county to vote. If the person states a good-faith
belief that he or she timely registered to vote in the county in which he or
she is present, he or she shall be offered a provisional ballot.
(b) If the person's name is not found on the
official list of electors for the precinct or the master list, the poll
officers shall immediately contact the registrars and the person shall provide
such information as the registrars may request to determine if the person is
eligible to vote in the election. The registrars shall promptly review the
information provided by the person and shall attempt to determine if the person
timely and properly registered to vote in the county in which he or she is
present.
(c) If the registrars can
immediately determine that the person timely and validly registered to vote in
the primary or election and should be assigned to the precinct at which the
person is present, the registrars shall authorize the poll officers to add the
person's name to the official electors list for the precinct and shall permit
the person to vote in the same manner as other voters in the precinct vote.
When there are multiple ballot styles (district combinations) in use in the
precinct, the registrars shall also advise the poll officers which ballot style
(district combination) should be issued to the person. The person's name shall
then be added to the official electors list for the precinct with a notation of
the name of the registrar who authorized such addition. Upon presentation of a
properly completed voter certificate and the identification required by
O.C.G.A. §
21-2-417, the person shall be
permitted to vote in the same manner as other voters in the precinct.
(d) If the registrars can immediately
determine that the person timely and validly registered to vote in the primary
or election but should be assigned to a different precinct within the same
county where the person is present, the registrars shall direct the poll
officers to inform the person of the appropriate other precinct and the
registrars shall notify the officers of such other precinct to add the person's
name to the official electors list for such other precinct. The poll officials
shall also inform such person that any votes cast by a provisional ballot in
the wrong precinct will only be counted if it is cast after 5:00 P.M. and
before the regular time for the closing of the polls on the day of the primary,
election, or runoff and if the person executes a sworn statement, witnessed by
the poll official, stating that he or she is unable to vote at his or her
correct polling place prior to the closing of the polls and giving the reason
therefor. For the purposes of this rule, any otherwise eligible vote cast by an
elector who is in line by the regular time of the closing of the polls shall be
deemed as having been cast before the regular time of the closing of the polls.
Upon the completion of a voter certificate and the submission of the
identification required by O.C.G.A. §
21-2-417, the person shall be
permitted to vote in their assigned precinct in the same manner as other
persons in such other precinct.
i. In such
cases, all votes cast by such person for candidates for whom such person is
properly entitled to vote shall be counted and all votes cast for candidates
for whom such person is not properly entitled to vote shall be void and shall
not be counted in accordance with O.C.G.A. §
21-2-419(c). When
there are multiple ballot styles (district combinations) in use in such other
precinct, the registrars shall also advise the poll officers at such other
precinct which ballot style (district combination) should be issued to the
person. The person's name shall then be added to the official electors list for
the other precinct by the poll officers of the other precinct with a notation
of the name of the registrar who authorized such addition.
(e) If the registrars cannot immediately
determine that the person timely and validly registered to vote in the primary
or election; but, from the information presented by the person, the person, if
properly registered, would be assigned to the precinct at which the person is
present, the registrars shall inform the poll officers and the person shall be
offered a provisional ballot at such precinct. When there are multiple ballot
styles (district combinations) in use in the precinct, the registrars shall
also advise the poll officers which ballot style (district combination) should
be issued to the person.
(f) If the
registrars cannot immediately determine that the person timely and validly
registered to vote in the primary or election; but, from the information
presented by the person, the person, if registered, would be assigned to a
different precinct from the precinct in the county at which the person is
present, the registrars shall direct the poll officers to inform the person of
the appropriate precinct. The poll officials shall also inform such person that
any votes cast by a provisional ballot in the wrong precinct will only be
counted if it is cast after 5:00 P.M. and before the regular time for the
closing of the polls on the day of the primary, election, or runoff and if the
person executes a sworn statement, witnessed by the poll official, stating that
he or she is unable to vote at his or her correct polling place prior to the
closing of the polls and giving the reason therefor. For the purposes of this
rule, any otherwise eligible vote cast by an elector who is in line by the
regular time of the closing of the polls shall be deemed as having been cast
before the regular time of the closing of the polls.
i. The registrars shall notify the officers
of such other precinct to permit the person to vote a provisional ballot when
such person arrives at such precinct, completes an official voter registration
form and a provisional ballot voter certificate, and submits the appropriate
identification required by O.C.G.A. §
21-2-417. When there are multiple
ballot styles (district combinations) in use in such other precinct, the
registrars shall also advise the poll officers which ballot style (district
combination) should be issued to the person.
ii. In such case, all votes cast by such
person for candidates for whom such person is properly entitled to vote shall
be counted and all votes cast for candidates for whom such person is not
properly entitled to vote shall be void and shall not be counted in accordance
with O.C.G.A. §
21-2-419(c).
(g) If the person appears at a precinct in a
county or municipality in which the person does not reside, the registrars
shall instruct the poll officers to direct the person to contact the registrars
in the county in which the person resides to determine in which precinct such
person should vote.
(h) If the poll
officers cannot get in touch with the registrars after making a reasonable
effort to do so, the poll officers shall be authorized to permit the person to
receive a provisional ballot at the precinct without additional authorization
from the registrars, but if from the information presented by the person, the
person, if registered, would be assigned to a different precinct from the
precinct in the county at which the person is present, the registrars shall
direct the poll officers to inform the person of the appropriate precinct. The
poll officials shall also inform such person that any votes cast by a
provisional ballot in the wrong precinct will only be counted if it is cast
after 5:00 P.M. and before the regular time for the closing of the polls on the
day of the primary, election, or runoff and if the person executes a sworn
statement, witnessed by the poll official, stating that he or she is unable to
vote at his or her correct polling place prior to the closing of the polls and
giving the reason therefor. For the purposes of this rule, any otherwise
eligible vote cast by an elector who is in line by the regular time of the
closing of the polls shall be deemed as having been cast before the regular
time of the closing of the polls. In such case, all votes cast by such person
for candidates for whom such person is properly entitled to vote shall be
counted and all votes cast for candidates for whom such person is not properly
entitled to vote shall be void and shall not be counted in accordance with
O.C.G.A. §
21-2-419(c).
(i) Upon accepting the opportunity to receive
a provisional ballot, the person shall complete a provisional ballot voter
certificate and an official voter registration form and submit such completed
certificate and form to the poll officers along with the appropriate
identification required by O.C.G.A. §
21-2-417. The poll officers shall
place the name of the person on the numbered list of provisional ballot voters
and issue the person a provisional ballot of the style authorized by the
registrars along with an Inner ballot envelope and an outer ballot envelope.
Before issuing the outer ballot envelope to the person, the poll officers shall
enter the person's name, the name of the precinct, the date and name of the
election, and the ballot style (district combination) on the outer envelope.
The person shall then retire to the provisional ballot voting booth and mark
the ballot with his or her intended selections. Upon completing the ballot, the
person shall seal the ballot in the inner ballot envelope and place the inner
ballot envelope containing the ballot into the outer ballot envelope and shall
seal the outer ballot envelope. The person shall then return the sealed
envelope to the poll officers.
(j)
Upon receiving the sealed ballot envelope from a person casting a provisional
ballot, the poll officers shall verify that the information requested on the
outer ballot envelope is complete, shall mark the appropriate box or boxes to
designate the type of provisional ballot enclosed therein, and shall direct the
person to place the ballot envelope into the secure container for provisional
ballots which shall be located within the enclosed space in the polling place
where it can be monitored by the poll officers and observed by the public. The
provisional ballot voter certificate and voter registration form shall be
attached together and shall be placed in a separate, distinctively marked
envelope or reusable document container which shall be placed in a secure
location in the polling place.
(5) Voter who registered for first time by
mail but did not provide required identification.
(a) When a person arrives at a polling place,
completes a voter certificate, and presents it to the poll workers but does not
have the identification required by O.C.G.A. §
21-2-417 and the person's name
appears on the official electors list for the precinct with a designation that
the person registered to vote for the first time in this state by mail but has
not provided the required identification to the registrars as required by
O.C.G.A. §
21-2-220, the poll officers shall
immediately direct the person to the provisional ballot station. At the
provisional ballot station, the person shall be permitted to cast a provisional
ballot at such precinct. When there are multiple ballot styles (district
combinations) in use in the precinct, the poll officers shall issue the
appropriate ballot style (district combination) to the person as shown on the
electors list. The poll officers shall place the name of the person on the
numbered list of provisional ballot voters and issue the person a provisional
ballot of the style authorized by the registrars along with an inner ballot
envelope and an outer ballot envelope. Before issuing the outer ballot envelope
to the person, the poll officers shall enter the person's name, the name of the
precinct, the date and name of the election, and the ballot style (district
combination) on the outer envelope. The person shall then retire to the
provisional ballot voting booth and mark the ballot with his or her intended
selections. Upon completing the ballot, the person shall seal the ballot in the
inner ballot envelope and place the inner ballot envelope containing the ballot
into the outer ballot envelope and shall seal the outer ballot envelope. The
person shall then return the sealed envelope to the poll officers.
(b) Upon receiving the sealed ballot envelope
from a person completing a provisional ballot, the poll officers shall verify
that the information requested on the outer ballot envelope is complete, shall
mark the appropriate box or boxes to designate the type of provisional ballot
enclosed therein, and shall direct the person to place the ballot envelope into
the secure container for provisional ballots which shall be located within the
enclosed space in the polling place where it can be monitored by the poll
officers and observed by the public.
(c) The provisional ballot shall not be
counted unless the voter provides the identification required by O.C.G.A. §
21-2-220 and
21-2-417 to the registrars before
the end of the period set by law for the verification of provisional ballots.
Such identification may be provided to the registrars in person, by email, by
facsimile transmission or, in the case of disabled voters, by delivery by a
third party.
(6) Voters
voting during extended polling hours in an election in which federal candidates
are on the ballot.
(a) In the event that the
polling hours for a polling place are extended by a court order beyond the
normal closing time for a primary, election, or runoff in which federal
candidates are on the ballot, all voters who vote after the normal closing time
for the polling place shall vote by provisional ballot.
(b) Voters whose names appear on the electors
list and who have the appropriate identification required by O.C.G.A. §
21-2-417 shall complete a
provisional voter certificate and shall be issued a provisional ballot along
with an inner ballot envelope and an outer ballot envelope. Such voters shall
not be required to complete a voter registration form. It also shall not be
necessary to obtain approval from the registrars to issue provisional ballots
to such voters. The poll officers shall place the name of the person on the
numbered list of provisional ballot voters. Before issuing the outer ballot
envelope to the person, the poll officers shall enter the person's name, the
name of the precinct, the date and name of the election, and the ballot style
(district combination) on the outer envelope. The person shall then retire to a
provisional ballot voting booth and mark the ballot with his or her intended
selections. Upon completing the ballot, the person shall seal the ballot in the
inner ballot envelope and place the inner ballot envelope containing the ballot
into the outer ballot envelope and shall seal the outer ballot envelope. The
person shall then return the sealed envelope to the poll officers. Upon
receiving the sealed ballot envelope from a person completing a provisional
ballot, the poll officers shall verify that the information requested on the
outer ballot envelope is complete, shall mark the appropriate box to designate
that the ballot is an extended poll hours provisional ballot, and shall direct
the person to place the ballot envelope into the secure container for
provisional ballots which shall be located within the enclosed space in the
polling place where it can be monitored by the poll officers and observed by
the public.
(c) If the voter's name
is not on the electors list, the poll workers shall follow the provisions of
this rule for regular provisional balloting under this rule and, if the voter
is authorized by the registrars to vote a provisional ballot under the terms of
this rule, shall also mark the appropriate box on the outer ballot envelope to
indicate that the ballot was issued during extended poll hours.
(d) If the voter's name is on the electors
list but 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 poll officers shall
permit the voter to vote in accordance with the provisions of this rule for
first time voters who register for the first time in this state by mail without
providing the required identification, and shall also mark the appropriate box
on the outer ballot envelope to indicate that the ballot was issued during
extended poll hours.
(e) The poll
officers shall provide each first time voter who registered for the first time
in this state by mail without providing the required identification who casts a
provisional ballot information on how the voter may provide the registrars with
the appropriate identification in order that the voter's ballot may be
counted.
(7) Each voter
casting a provisional ballot in a primary, election, or runoff in which federal
candidates appear on the ballot shall be given written information explaining
how such voter can ascertain if such ballot is counted and, if such ballot is
not counted, the reason why such ballot was not counted.
(8) The provisional ballot voter certificates
and voter registration cards may be picked up during the day by a registrar or
deputy registrar for the purpose of beginning the process of determining the
eligibility of the persons to cast provisional ballots. Before transferring the
voter certificates and registration cards to the registrars during the day, the
poll officers shall note the number of certificates and cards being transferred
to the registrars. If such voter certificates and registration cards are not
picked up by the registrars by the time that the polls close and the last voter
has voted, the envelope in which the provisional ballot voter certificates and
voter registration cards have been deposited shall be securely sealed and shall
be returned to the election superintendent with the other materials from the
polling place.
(9) After the close
of the polls and the last voter has voted, the poll officers shall account for
all voted provisional ballots, cancelled and spoiled provisional ballots, and
unused provisional ballots. The ballot stubs and unused and spoiled ballots
shall then be securely sealed in the container provided for them by the
election superintendent. The poll officer, along with two other witnesses sworn
as poll officers, shall then proceed to open the secure container in which the
provisional ballots were deposited and count the number of voted provisional
ballots contained therein. The poll officer and witnesses shall then compare
the total number of persons voting provisional ballots as shown on the numbered
list of provisional ballot voters with the number of ballots issued and the
number of ballots voted. If these numbers do not equal one another, the poll
officers shall determine the reason for the inconsistency and shall correct the
problem before going further. The poll officer and witnesses shall seal the
voted provisional ballots in a container for transfer to the election
superintendent. The poll officers shall complete and sign a provisional ballot
recap sheet and post one copy of the recap sheet on the door of the polling
place with the election results from the precinct. The remaining copies of the
provisional ballot recap sheet along with the numbered list of provisional
ballot voters shall be returned to the election superintendent with the other
election materials from the precinct.
(10) Upon receiving the election materials
from the precincts, the election superintendent shall cause the envelope
containing the provisional ballot voter certificates and voter registration
cards to be promptly removed from the other materials and, if applicable,
transferred to the registrars for processing. If applicable, the voter
certificates and registration cards shall be transferred to the registrars no
later than 9:00 a.m. on the day following the day of the primary, election, or
runoff. The election superintendent shall also remove the container containing
the voted provisional ballots and shall place such container in a secure
location within the election superintendent's office.
(11) Upon receiving the provisional ballot
voter certificates and voter registration cards from the election
superintendent, the registrars shall promptly proceed to determine the
eligibility of each person that voted a provisional ballot.
(a) If the registrars determine that the
person did timely register and is eligible and entitled to vote in such
primary, election, or runoff, the registrars shall mark on the numbered list of
provisional ballot voters that the ballot is accepted and shall notify the
election superintendent of the proper ballot style (district combination) for
the voter.
(b) If the registrars
determine that the person did not timely register to vote for the primary or
election or is not eligible and entitled to vote in such primary or election or
if the registrars cannot determine by the close of business on the third
business day following the day of the primary, election, or runoff if the voter
timely registered and was eligible and entitled to vote in such primary or
election, the registrars shall mark on the numbered list of provisional ballot
voters that the ballot is rejected.
(c) Not later than the close of business on
the third business day following the day of the primary, election, or runoff,
the registrars shall return to the election superintendent the numbered list of
provisional ballot voters reflecting the accepted and rejected provisional
ballots.
(d) The names of those
persons whose names are accepted shall be added to the official electors list.
The voter registration cards of those persons whose ballots are rejected on the
numbered list of provisional ballot voters shall be processed by the registrars
and, if found to be eligible and qualified, shall be added to the electors list
for future elections.
(e) The
registrars shall maintain the provisional ballot voter certificates for the
same period of time and under the same conditions as the regular voter
certificates. Voter registration cards completed by provisional ballot electors
shall be maintained for the same period of time and under the same conditions
as other voter registration cards.
(12) Upon receiving the numbered list of
provisional ballot electors from the registrars, the election superintendent
shall prepare to count the accepted provisional ballots. The election
superintendent shall first compare the precinct designation and election
district information with the style of ballot (district combination) cast by
the provisional ballot voter.
(a) If the
ballot style (district combination) voted by the voter was correct, then the
election superintendent shall open the outer envelope and place the inner
envelope containing the ballot into a ballot box.
(b) If the ballot style (district
combination) voted by the voter was not correct, then the election
superintendent shall open the outer envelope and note the correct ballot style
(district combination) on the inner envelope. Each such inner envelope shall
then be placed in a separate container until all of the outer envelopes have
been opened. The outer envelopes shall then be stored in a location away from
the inner envelopes in a manner such that the inner envelope and ballot of a
voter cannot be identified as being the ballot of a particular voter. The
superintendent shall then open each such inner envelope and remove the ballot
and shall place a unique identifying number on the ballot along with the
designation of the precinct at the top of the ballot. The election
superintendent shall then prepare or cause to be prepared a duplicate ballot.
The duplicate ballot shall be clearly labeled with the word "Duplicate" and
shall bear the name of the precinct and the same unique identifying number as
the original ballot at the top of the ballot. The election superintendent shall
transfer or cause to be transferred to the duplicate ballot, in the presence of
at least two other consolidation assistants and in public, only the votes cast
by the provisional ballot voter in the races and on the questions to which such
voter was eligible and entitled to vote. The votes entered on the duplicate
ballot shall be verified by at least one consolidation assistant. The completed
duplicate ballot shall be placed in the ballot box with the other provisional
ballots to be counted. The original ballot shall be placed into an appropriate
container and retained.
(c) After
opening all of the outer envelopes and making all necessary duplicate ballots,
the election superintendent shall then open the inner envelopes of the ballots
in the ballot box and proceed to count the votes in the same manner as absentee
ballots are counted. Upon completing the count, the election superintendent
shall add the provisional ballot votes to the other votes cast at the polls and
by absentee ballot and shall consolidate and certify the results of the
primary, election, or runoff. The provisional ballots and any duplicates shall
be retained for the same time period and in the same manner as absentee
ballots.
(d) The rejected
provisional ballots shall be marked on the outer envelope as "Not Counted" and
shall not be opened. The ballots shall be maintained for the same time period
and in the same manner as absentee ballots which were returned too late to be
counted.
(e) The election
superintendent shall notify the registrars of the names of those persons who
cast a provisional ballot in the wrong precinct or on an incorrect ballot style
(district combination).
(13) Upon identifying the rejected
provisional ballot electors, the registrars shall proceed at the earliest
possible time to notify each such person by first-class mail at the address
shown on the provisional ballot voter certificate that his or her ballot was
not counted because of the inability of the registrars to verify that the
person timely registered to vote or such other proper reason. The registrars
shall also attempt to notify the person by telephone or email if the
provisional ballot voter certificate contains an email address or telephone
number. If the person's voter registration card was approved, the registrars
shall also notify the person that his or her name will be added to the
elector's list and the person will be eligible to vote in future primaries and
elections and that a voter notification or precinct card will be mailed to the
person to provide the voter with the correct precinct and election district
information.
(a) Upon receiving notification
from the election superintendent of the names of persons who cast provisional
ballots in the incorrect precinct or on the incorrect ballot style (district
combination), the registrars shall notify such persons of their correct
precinct and/or election district information. The sending of a voter
notification or precinct card by first-class mail to the address shown on the
voter registration card completed by such person when voting by provisional
ballot shall be sufficient notice for such voters.
(b) If the person's voter registration is
rejected, the registrars shall notify the person of such rejection in
accordance with O.C.G.A. §
21-2-226(d).
(c) In addition, the registrars shall
establish a free access system, such as a toll-free telephone number or an
Internet website, by which voters who cast provisional ballots in a primary,
election, or runoff in which federal candidates are on the ballot may ascertain
whether their ballots were counted or, if the ballots were not counted, the
reasons why such ballots were not counted. The registrars shall establish and
maintain reasonable procedures necessary to protect the security,
confidentiality, and integrity of personal information collected, stored, or
otherwise used by such system. Access to information about an individual
provisional ballot shall be restricted to the voter who cast such
ballot.
O.C.G.A. §§
21-2-31,
21-2-226,
21-2-417,
21-2-418,
21-2-419.
