2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 11 - Preparation for and Conduct of Primaries and Elections
Part 3 - Precincts Using Voting Machines
§ 21-2-454. Duties of Poll Officers After the Close of the Polls

1. As soon as the polls are closed and the last elector has voted, the poll officers shall immediately lock and seal the operating lever or mechanism of the machine so that the voting and counting mechanism will be prevented from operation, and they shall then sign a certificate stating:
   1. That the machine has been locked against voting and sealed;
   2. The number, as shown on the public counter;
   3. The number on the seal which they have placed upon the machine;
   4. The number registered on the protective counter or device; and
   5. The number or other designation of the voting machine,

      which certificate shall be returned by the chief manager to the superintendent with the other certificates, as provided in this part.

2. The poll officers shall then compare the number, as shown by the public counter of the machine, with the number of names appearing on the numbered list of voters, the electors list, and voter's certificates, which shall then be placed in separate packages, containers, or envelopes and sealed.

(Code 1933, § 34-1325, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, § 34-1331, as redesignated by Ga. L. 1969, p. 308, § 27; Ga. L. 1998, p. 295, § 1.)

- Interfering with poll officers, § 21-2-569.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34-1336, are included in the annotations for this Code section.

Purpose of the provision for opening and counting ballots at the polls is to guard against any change in the ballots or in the number of ballots to be counted in determining the result, thus protecting the sanctity of the election process, which is a very important provision of the code requirements. Broome v. Martin, 111 Ga. App. 51, 140 S.E.2d 500 (1965)(decided under former Code 1933, § 34-1336).

Cited in Rary v. Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 34-1336, are included in the annotations for this Code section.

- Poll officers may not hand-count votes on vote recorder ballots prior to their tabulation by machine at appropriate tabulation center. 1981 Op. Att'y Gen. No. 81-76 (decided under former Code 1933, § 34-1336).

- Inference to be drawn from former Code 1933, §§ 34-1337 and 34-1336 (former O.C.G.A. §§ 21-2-472 and21-2-473) is that, although vote tabulation by poll officials is allowable in some circumstances, such authority was consciously exempted where regular vote recorder ballots are concerned. 1981 Op. Att'y Gen. No. 81-76 (decided under former Code 1933, § 34-1336).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 358, 362, 364, 373.