2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 10 - Absentee Voting
§ 21-2-383. Preparation and Delivery of Ballots; Form of Ballots; Casting Ballot in Person Using Dre Unit; Casting Ballot in Person or as Absentee Using Electronic Ballot Markers

Universal Citation: GA Code § 21-2-383 (2020)
  1. Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars or absentee ballot clerk as provided in Code Section 21-2-384. Such ballots shall be marked "Official Absentee Ballot" and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines or direct recording electronic (DRE) units the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter. Every such ballot shall have printed with other instructions thereon the following:

    "I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law."

    The form for either ballot shall be determined and prescribed by the Secretary of State, except in municipal primaries or elections, in which the form of absentee ballots which follows the paper ballot format shall be determined and prescribed by the superintendent.

  2. Notwithstanding any other provision of this Code section, in jurisdictions in which direct recording electronic (DRE) voting systems are used at the polling places on election day, such direct recording electronic (DRE) voting systems shall be used for casting absentee ballots in person at a registrar's or absentee ballot clerk's office or in accordance with Code Section 21-2-382, providing for additional sites.
  3. Notwithstanding any other provision of this Code section to the contrary, in jurisdictions in which electronic ballot markers are used in the polling places on election day, such electronic ballot markers shall be used for casting absentee ballots in person at a registrar's or absentee ballot clerk's office or in accordance with Code Section 21-2-382, providing for additional sites.

(Code 1933, § 34-1403, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p. 871, § 15a; Ga. L. 1969, p. 329, § 21; Ga. L. 1997, p. 649, § 5; Ga. L. 1998, p. 295, § 1; Ga. L. 1998, p. 1231, §§ 15, 38; Ga. L. 2003, p. 517, § 37; Ga. L. 2010, p. 914, § 20/HB 540; Ga. L. 2019, p. 7, § 29/HB 316.)

The 2019 amendment, effective April 2, 2019, added subsection (c).

Law reviews.

- For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 81 (2019).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 340, 341.

C.J.S.

- 29 C.J.S., Elections, § 345 et seq.

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