2020 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 9 - Voting Machines and Vote Recorders Generally
Part 4 - Optical Scanning Voting Systems
§ 21-2-373. Write-in Votes; Secrecy
In elections, electors shall be permitted to cast write-in votes. The design of the ballot shall permit the superintendents, in counting the write-in votes, to determine readily whether an elector has cast any write-in vote not authorized by law. The Secretary of State, in specifying the form of the ballot, and the State Election Board, in promulgating rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes.
(Code 1981, §21-2-373, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, § 1.)
Cross references.- Exceptions to right to register and vote, Ga. Const. 1983, Art. II, Sec. I, Para. III.
Procedure for counting write-in votes, § 21-2-437.
Administrative Rules and Regulations.- Ballot secrecy, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Ballots, § 183-1-11-.01.
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34-1224 are included in the annotations for this Code section.
Unshackled right of voters to cast write-in votes has long been recognized as a matter of Georgia law. 1980 Op. Att'y Gen. No. 80-120 (decided under former Code 1933, § 34-1224).
Write-in vote by vote recorder consisting of candidate's last name and office candidate seeks is valid. 1980 Op. Att'y Gen. No. 80-120 (decided under former Code 1933, § 34-1224).
Use of stickers, pasters, and stamps is not permitted in casting a write-in vote when voting machines or vote recorders are used. 1965-66 Op. Att'y Gen. No. 66-230 (decided under former Code 1933, § 34-1224).
