Georgia HB 1256: Elections; uniform election equipment; provisions

Bill Text

24LC 28 0623
House Bill 1256
By: Representatives Park of the 107
th
, Roberts of the 52
nd
, Holcomb of the 81
st
, Clark of the
108
th
, and Hugley of the 141
st
 
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
1
primaries and elections generally, so as to provide for uniform election equipment in this2
state; to provide for definitions; to provide for voter privacy; to provide for ballot marking3
devices and standards and procedures for such devices; to provide for testing of voting4
equipment and software; to provide for audits of election results and procedures therefor; to5
require the promulgation of certain rules and regulations by the State Election Board; to6
provide for minimum requirements and form of information on electronic ballot markers; to7
provide for access to ballot images; to provide for the time for certifying elections; to provide8
for precertification audits; to provide for entitlement to and methods for recounts; to provide9
for sanctions for certain election violations; to provide for conforming changes; to provide10
for related matters; to provide for an effective date; to repeal conflicting laws; and for other11
purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
H. B. 1256
- 1 -

24LC 28 0623
SECTION 1.
14
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and15
elections generally, is amended by revising paragraphs (2), (7.1), and (32.1) of Code16
Section 21-2-2, relating to definitions, as follows:17
"(2)  'Ballot marking device' means a pen, pencil, or similar writing tool, or an electronic18
device designed for use in marking paper ballots in a manner that is detected as a vote so19
cast and then counted by ballot scanners."20
"(7.1)  'Electronic ballot marker' means an electronic device that does not compute or21
retain votes; may integrate components such as a ballot scanner, printer, touch screen22
monitor, audio output, and navigational keypad; and uses electronic technology to23
independently and privately mark a paper ballot at the direction of an elector, interpret24
ballot selections, communicate such interpretation for elector verification, and print an25
elector verifiable paper ballot."26
"(32.1)  'Scanning ballot' means a printed paper ballot designed to be marked by an27
elector with a ballot marking device or electronic ballot marker or a blank sheet of paper28
designed to be used in a ballot marking device or an electronic ballot marker, which is29
then inserted for casting into a ballot scanner."30
SECTION 2.31
Said chapter is further amended by revising subsection (a) of Code Section 21-2-267, relating32
to equipment, arrangement, and storage at polling places, as follows:33
"(a)  The governing authority of each county and municipality shall provide and the34
superintendent shall cause all rooms used as polling places to be provided with suitable35
heat and light and, in precincts in which ballots are used, with a sufficient number of voting36
compartments or booths with proper supplies in which the electors may conveniently mark37
their ballots, with a curtain, screen, or door in the upper part of the front of each38
compartment or booth so that in the marking thereof they their votes may be screened from39
H. B. 1256
- 2 -

24LC 28 0623
the observation of others.  A curtain, screen, or door shall not be required, however, for the
40
self-contained units used as voting booths in which direct recording electronic (DRE)41
voting units or electronic ballot markers are located if such booths have been designed so42
as to ensure the privacy of the elector.  When practicable, every polling place shall consist43
of a single room, every part of which is within the unobstructed view of those present44
therein and shall be furnished with a guardrail or barrier closing the inner portion of such45
room, which guardrail or barrier shall be so constructed and placed that only such persons46
as are inside such rail or barrier can approach within six feet of the ballot box and voting47
compartments, or booths, or voting machines, as the case may be.  The ballot box and48
voting compartments or booths shall be so arranged in the voting room within the enclosed49
space as to be in full view of those persons in the room outside the guardrail or barrier. 50
The voting machine or machines shall be placed in the voting rooms within the enclosed51
space so that, unless its construction shall otherwise require, the ballot labels on the face52
of the machine can be plainly seen by the poll officers when the machine is not occupied53
by an elector.  In the case of direct recording electronic (DRE) voting units or electronic54
ballot markers, the devices shall be arranged in such a manner as to ensure the privacy of55
the elector while voting on such devices, to allow monitoring of the devices by the poll56
officers and poll watchers while the polls are open, and to per