Georgia Statutes § 21-2-379.23 Requirements for ballot display; official ballot for vote tabulation, recount, and audit
Statute Text
Effective Until 7/1/2026
(a)
The ballot display information and appearance on an electronic ballot marker shall conform as nearly as practicable to Code Sections
21-2-379.4
and
21-2-379.5
.
(b)
The form and arrangement of ballots marked and printed by an electronic ballot marker shall be prescribed by the Secretary of State; provided, however, that such ballots shall be printed on security paper that incorporates features which can be used to authenticate the ballot as an official ballot but which do not make the ballot identifiable to a particular elector; provided, further, that at least one such feature is a visible watermark that identifies the ballot as an official Georgia ballot.
(c)
Notwithstanding any other law to the contrary, ballots marked and printed by an electronic ballot marker shall, at a minimum, contain:
(1)
The words "OFFICIAL BALLOT";
(2)
The name and date of the election;
(3)
The titles of the respective offices for which the elector is eligible to vote;
(4)
Words identifying the proposed constitutional amendments or other questions for which the elector is eligible to vote;
(5)
The name of the candidate and, for partisan offices, indication of the candidate's political party or political body affiliation, or the answer to the proposed constitutional amendment or other question for which the elector intends to vote; and
(6)
Clear indication that the elector has not marked a vote for any particular office, constitutional amendment, or other question.
(d)
The paper ballot marked and printed by the electronic ballot marker shall constitute the official ballot and shall be used for, and govern the result in, any recount conducted pursuant to Code Section
21-2-495
and any audit conducted pursuant to Code Section
21-2-498
.
(e)
Each ballot printed by an electronic ballot marker shall include the name and designation of the precinct at the top.
History
Amended by 2024 Ga. Laws 589 , § 2 , eff. 7/1/2024 .
Amended by 2021 Ga. Laws 9 , § 23A , eff. 3/25/2021 .
Added by 2019 Ga. Laws 24 , § 26 , eff. 4/2/2019 .
Effective Starting 7/1/2026
(a)
The ballot display information and appearance on an electronic ballot marker shall conform as nearly as practicable to Code Sections
21-2-379.4
and
21-2-379.5
.
(b)
The form and arrangement of ballots marked and printed by an electronic ballot marker shall be prescribed by the Secretary of State; provided, however, that such ballots shall be printed on security paper that incorporates features which can be used to authenticate the ballot as an official ballot but which do not make the ballot identifiable to a particular elector; provided, further, that at least one such feature is a visible watermark that identifies the ballot as an official Georgia ballot.
(c)
Notwithstanding any other law to the contrary, ballots marked and printed by an electronic ballot marker shall, at a minimum, contain:
(1)
The words "OFFICIAL BALLOT";
(2)
The name and date of the election;
(3)
The titles of the respective offices for which the elector is eligible to vote;
(4)
Words identifying the proposed constitutional amendments or other questions for which the elector is eligible to vote;
(5)
The name of the candidate and, for partisan offices, indication of the candidate's political party or political body affiliation, or the answer to the proposed constitutional amendment or other question for which the elector intends to vote; and
(6)
Clear indication that the elector has not marked a vote for any particular office, constitutional amendment, or other question.
(d)
The
text portion of the
paper ballot marked and printed by the electronic ballot marker
indicating the elector's selection
shall constitute the official ballot and shall
[be used for, and govern the result in,]
constitute the official vote for purposes of vote tabulation,
any recount conducted pursuant to Code Section
21-2-495
,
and any audit conducted pursuant to Code Section
21-2-498
.
The official tabulation count of any ballot scanner shall be based upon the text portion or the machine mark, provided that such mark clearly denotes the elector's selection and does not use a QR code, bar code, or similar coding, of such ballots and not any machine coding that may be printed on such ballots.
(e)
Each ballot printed by an electronic ballot marker shall include the name and designation of the precinct at the top.
History
Amended by 2024 Ga. Laws 697 , § 7 , eff. 7/1/2026 .
Amended by 2024 Ga. Laws 589 , § 2 , eff. 7/1/2024 .
Amended by 2021 Ga. Laws 9 , § 23A , eff. 3/25/2021 .
Added by 2019 Ga. Laws 24 , § 26 , eff. 4/2/2019 .
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