(1) Beginning at 8:00 A.M. on the third
Monday prior to the day of the primary, election, or runoff, the election
superintendent shall be authorized to open the outer oath envelope of absentee
ballots that have been verified and accepted pursuant to O.C.G.A. §
21-2-386(a)(1)(B)
to remove the contents of such outer
envelope, open the inner envelope marked "Official Absentee Ballot," and scan
the absentee ballot using one or more scanners.
(a) While absentee ballot processing and
scanning shall be open to the view of the public and monitors designated by
political parties and candidates, no person except one employed and designated
by the election superintendent shall touch any ballot or ballot container. Any
person involved in processing and scanning absentee ballots shall swear an
oath, in the same form as the oath for poll officers provided in O.C.G.A.
§
21-2-95, prior to beginning the
processing and scanning of absentee ballots.
(b) At least three persons who are
registrars, deputy registrars, poll workers, or absentee ballot clerks shall be
present at all times while the absentee ballot envelopes are being opened and
the absentee ballots are being scanned.
(c) Outer envelopes shall be opened in such a
manner as not to destroy the voter oath signature, the voter's identification
information, and (if applicable) the signature and oath of a person assisting a
voter.
(2) Public Notice
of Absentee Ballot Processing and Scanning.
(a) At least seven days prior to beginning
the absentee ballot processing and scanning set forth in section (1) of this
rule, the election superintendent shall give the public proper notice of such
processing and scanning by:
i. Providing
written notice to the Secretary of State or designee in the manner prescribed
by the Secretary of State;
ii. If
the county or municipality maintains a publicly accessible website, publishing
a notice on the homepage of the county's or municipality's (whichever is
applicable) publicly accessible website associated with elections and/or
registrations; and
iii. Posting the
notice in a prominent location in the election superintendent's office.
(b) Proper public notice
shall include the dates, start and end times, location or locations where
absentee ballots will be processed and scanned, and that such processing and
scanning shall be open to the view of the public.
(3) Reconciliation Procedures.
(a) For the purposes of this rule,
"reconciliation form" means the reconciliation form prescribed and provided by
the Secretary of State.
(b) For the
purposes of this rule, "batch" means one hundred absentee ballot envelopes or
less.
(c) Prior to opening the
outer envelope of a batch, all outer envelopes in the batch shall be counted
and recorded on a reconciliation form. Upon opening the outer envelopes of a
batch, the contents shall be removed in a manner that ensures the contents of
the envelope cannot be matched back to the outer envelope to ensure an
elector's constitutional right to a secret ballot. Once all outer envelopes
have been opened and contents removed, the inner envelopes shall be opened and
the absentee ballots removed. Once all the absentee ballots have been removed,
the number of ballots shall be counted and recorded on the reconciliation form
and compared to the original count of outer envelopes in the batch. Any
discrepancy shall be investigated and reported on the reconciliation form. The
reconciliation form shall be signed by the officials processing the batch of
ballots. The absentee ballots shall then be scanned on a ballot scanner. A
batch number assigned by the ballot scanner shall be recorded on the
reconciliation form for that batch.
(d) Any ballot that is so torn, bent, or
otherwise defective that it cannot be processed by the scanner shall be
duplicated pursuant to O.C.G.A. §
21-2-483. If the elections
superintendent orders a duplication panel to prepare a true duplicate copy for
processing, all members of a duplication panels shall complete a Duplication
Panel Oath prior to carrying out the duties of a duplication panel member. The
Duplication Panel Oath shall be in the following form:
STATE OF GEORGIA
COUNTY/MUNICIPALITY OF
OATH OF DUPLICATION PANEL MEMBER
I,_________________, do swear (or affirm) that I will as a
duplication panel member for the County/Municipality of _________________,
faithfully perform all of my duties in accordance with state law; that I will
not tally, tabulate, estimate, or attempt to tally, tabulate, or estimate or
cause the ballot scanner or any other equipment to produce any tally or
tabulate, partial or otherwise, the absentee ballots cast until the time for
the closing of the polls on the day of the primary, election, or runoff except
as provided in O.C.G.A. §
21-2-386nor will I communicate
directly or indirectly any information learned through my participation in the
duplication panel except, if necessary, to election officials, the Secretary of
State, or appropriate law enforcement; and that I will use my best endeavors to
prevent any fraud, deceit, or abuse in carrying out my duties.
________________________________
Duplication Panel Member
Administered by, sworn to,
and subscribed before me,
this _____ day of _____________, 20____
________________________________
Election Superintendent
(e) Vote review panels shall be established,
as needed, to adjudicate any rejected ballots pursuant to O.C.G.A. §
21-2-483 and Rule
183-1-15.02. Members of vote review
panels shall complete a Vote Review Panel Oath prior to carrying out the duties
of a vote review panel member. The Vote Review Panel Oath shall be in the
following form:
STATE OF GEORGIA
COUNTY/MUNICIPALITY OF
OATH OF VOTE REVIEW PANEL MEMBER
I,_________________, do swear (or affirm) that I will as a
vote review panel member for the County/Municipality of _________________,
faithfully perform all of my duties in accordance with state law; that I will
not tally, tabulate, estimate, or attempt to tally, tabulate, or estimate or
cause the ballot scanner or any other equipment to produce any tally or
tabulate, partial or otherwise, the absentee ballots cast until the time for
the closing of the polls on the day of the primary, election, or runoff except
as provided in O.C.G.A. §
21-2-386nor will I communicate
directly or indirectly any information learned through my participation in the
vote review panel except, if necessary, to election officials, the Secretary of
State, or appropriate law enforcement; and that I will use my best endeavors to
prevent any fraud, deceit, or abuse in carrying out my duties.
________________________________
Vote Review Panel Member
Administered by, sworn to,
and subscribed before me,
this _____ day of _____________, 20____
________________________________
Election Superintendent
(f) Successfully scanned ballot batches shall
be bound together with a photocopy of the reconciliation form, and the official
who scanned the ballots shall notate on the reconciliation form that the batch
has been scanned, including the date and location of the scanning, and initial
the notation.
(g) The scanned
absentee ballots shall then be placed in a secured container. More than one
batch of scanned absentee ballots may be placed in the same container, but the
individual batches must be separately bound. A security seal that contains an
identification number shall be placed on the container. The batch number(s),
the number of scanned absentee ballots in each batch, and the security seal
number shall be recorded on the container.
(h) Completed original copies of
reconciliation forms shall be retained by the election superintendent for two
years.
(4) Prompt and
Undelayed Scanning of Absentee Ballots After Opening.
(a) The election superintendent shall ensure
that the ballots shall be scanned, reconciled, and securely stored on the same
work day in which the outer envelopes are opened.
(5) Secrecy of Election Results Prior to
Polls Closing.
(a) All cell phones, laptops,
audio or video recording devices, and other communication devices shall be
prohibited from the room where the processing of absentee ballots is taking
place, except for county election computers necessary to carry out this rule or
otherwise conduct the election.
(b)
No person shall tally, tabulate, estimate, or attempt to tally, tabulate, or
estimate or cause the ballot scanner or any other equipment to produce any
tally or tabulate, partial or otherwise, the absentee ballots cast until the
time for the closing of the polls on the day of the primary, election, or
runoff except as provided in O.C.G.A. §
21-2-386.
