2021 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 8 - Voting by Ballot
§ 21-2-284. Form of Official Primary Ballot; Attestation Regarding Receiving Value in Exchange for Vote

1. In each primary separate official ballots shall be prepared for the political party holding the primary. At the top of each ballot shall be printed in prominent type the words "OFFICIAL PRIMARY BALLOT OF ______________________________ PARTY FOR," followed by the name and designation of the precinct for which it is prepared and the name and date of the primary.
2. The State Election Board shall by rule and regulation determine the appropriate wording for directions as to how a vote should be cast on each type of voting equipment used in the state and how a new ballot should be issued when a ballot is spoiled.
3. Immediately under the directions, the names of all candidates who have qualified with the party in accordance with this chapter and party rules and who have been certified to the superintendent or Secretary of State as having so qualified shall be printed on the ballots, except unopposed candidates in municipal primaries where the municipal charter or ordinance does not prohibit the omission of such candidates' names from the ballot. The names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he or she then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for.
4. If at any general primary a political party shall submit to its members any matter or question to be voted upon, the party shall by the deadline for certifying candidates for the primary election certify the wording of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be placed the words "Yes" and "No" together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check ( √) mark. If at any municipal primary a political party shall submit to its members any matter or question to be voted upon, the party shall also have printed on the ballots the necessary language to guide the elector in the expression of his or her choice as to such matter or question.
5. Each ballot shall have printed 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."

6. The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require.

(Code 1933, § 34-1102, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p. 871, § 8; Ga. L. 1970, p. 347, § 14; Ga. L. 1970, p. 383, § 3; Ga. L. 1977, p. 1053, § 5; Ga. L. 1979, p. 624, § 1; Ga. L. 1982, p. 1512, § 5; Ga. L. 1984, p. 1, § 7; Ga. L. 1996, p. 101, § 3; Ga. L. 1997, p. 590, § 27; Ga. L. 1998, p. 295, § 1; Ga. L. 1998, p. 1231, §§ 9, 33; Ga. L. 2002, p. 598, § 2-5; Ga. L. 2010, p. 914, § 14/HB 540; Ga. L. 2021, p. 14, § 20A/SB 202.)

The 2021 amendment, effective March 25, 2021, inserted "name and" near the middle of the second sentence in subsection (a).

- Ga. L. 2021, p. 14, § 1/SB 202, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Election Integrity Act of 2021."'

Ga. L. 2021, p. 14, § 2/SB 202, not codified by the General Assembly, provides: "The General Assembly finds and declares that:

"(1) Following the 2018 and 2020 elections, there was a significant lack of confidence in Georgia election systems, with many electors concerned about allegations of rampant voter suppression and many electors concerned about allegations of rampant voter fraud;

"(2) Many Georgia election processes were challenged in court, including the subjective signature-matching requirements, by Georgians on all sides of the political spectrum before and after the 2020 general election;

"(3) The stress of the 2020 elections, with a dramatic increase in absentee-by-mail ballots and pandemic restrictions, demonstrated where there were opportunities to update existing processes to reduce the burden on election officials and boost voter confidence;

"(4) The changes made in this legislation in 2021 are designed to address the lack of elector confidence in the election system on all sides of the political spectrum, to reduce the burden on election officials, and to streamline the process of conducting elections in Georgia by promoting uniformity in voting. Several examples will help explain how these goals are achieved;

"(5) The broad discretion allowed to local officials for advance voting dates and hours led to significant variations across the state in total number of hours of advance voting, depending on the county. More than 100 counties have never offered voting on Sunday and many counties offered only a single day of weekend voting. Requiring two Saturday voting days and two optional Sunday voting days will dramatically increase the total voting hours for voters across the State of Georgia, and all electors in Georgia will have access to multiple opportunities to vote in person on the weekend for the first time;

"(6) Some counties in 2020 received significant infusions of grant funding for election operations, while other counties received no such funds. Promoting uniformity in the distribution of funds to election operations will boost voter confidence and ensure that there is no political advantage conferred by preferring certain counties over others in the distribution of funds;

"(7) Elections in Georgia are administered by counties, but that can lead to problems for voters in counties with dysfunctional election systems. Counties with long-term problems of lines, problems with processing of absentee ballots, and other challenges in administration need accountability, but state officials are limited in what they are able to do to address those problems. Ensuring there is a mechanism to address local election problems will promote voter confidence and meet the goal of uniformity;

"(8) Elections are a public process and public participation is encouraged by all involved, but the enthusiasm of some outside groups in sending multiple absentee ballot applications in 2020, often with incorrectly filled-in voter information, led to significant confusion by electors. Clarifying the rules regarding absentee ballot applications will build elector confidence while not sacrificing the opportunities for electors to participate in the process;

"(9) The lengthy absentee ballot process also led to elector confusion, including electors who were told they had already voted when they arrived to vote in person. Creating a definite period of absentee voting will assist electors in understanding the election process while also ensuring that opportunities to vote are not diminished, especially when many absentee ballots issued in the last few days before the election were not successfully voted or were returned late;

"(10) Opportunities for delivering absentee ballots to a drop box were first created by the State Election Board as a pandemic response. The drop boxes created by rule no longer existed in Georgia law when the emergency rules that created them expired. The General Assembly considered a variety of options and constructed a system that allows the use of drop boxes, while also ensuring the security of the system and providing options in emergency situations;

"(11) The lengthy nine-week runoffs in 2020 were exhausting for candidates, donors, and electors. By adding ranked choice voting for military and overseas voters, the run-off period can be shortened to a more manageable period for all involved, easing the burden on election officials and on electors;

"(12) Counting absentee ballots in 2020 took an incredibly long time in some counties. Creating processes for early processing and scanning of absentee ballots will promote elector confidence by ensuring that results are reported quickly;

"(13) The sanctity of the precinct was also brought into sharp focus in 2020, with many groups approaching electors while they waited in line. Protecting electors from improper interference, political pressure, or intimidation while waiting in line to vote is of paramount importance to protecting the election system and ensuring elector confidence;

"(14) Ballot duplication for provisional ballots and other purposes places a heavy burden on election officials. The number of duplicated ballots has continued to rise dramatically from 2016 through 2020. Reducing the number of duplicated ballots will significantly reduce the burden on election officials and creating bipartisan panels to conduct duplication will promote elector confidence;

"(15) Electors voting out of precinct add to the burden on election officials and lines for other electors because of the length of time it takes to process a provisional ballot in a precinct. Electors should be directed to the correct precinct on election day to ensure that they are able to vote in all elections for which they are eligible;

"(16) In considering the changes in 2021, the General Assembly heard hours of testimony from electors, election officials, and attorneys involved in voting. The General Assembly made significant modifications through the legislative process as it weighed the various interests involved, including adding further weekend voting, changing parameters for out-of-precinct voting, and adding transparency for ballot images; and

"(17) While each of the changes in this legislation in 2021 stands alone and is severable under Code Section 1-1-3, the changes in total reflect the General Assembly's considered judgment on the changes required to Georgia's election system to make it 'easy to vote and hard to cheat,' applying the lessons learned from conducting an election in the 2020 pandemic."

- Appearance of candidate's name on ballot, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Ballots, § 183-1-11-.02.

Spoiled absentee ballots, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.06.

Spoiled ballot definition, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.07.

- For comment, "Awakening a Slumbering Giant: Georgia's Judicial Selection System After White and Weaver ," see 56 Mercer L. Rev. 1035 (2005).

JUDICIAL DECISIONS

Authority of state to regulate elections.

- States have broad authority, absent valid congressional legislation, to establish rules regulating the manner of conducting both primary and final elections. Williamson v. Fortson, 376 F. Supp. 1300 (N.D. Ga. 1974).

Cited in Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); Stoner v. Fortson, 345 F. Supp. 1369 (N.D. Ga. 1972).

OPINIONS OF THE ATTORNEY GENERAL

When O.C.G.A.

§§ 21-2-284 and21-2-285 control questions of form of ballot cards. - It was reasonable that former Code 1933, §§ 34-1102 and 1103 (see O.C.G.A. § 21-2-284 and21-2-285), prescribing form for paper ballots, control questions of form of ballot cards where former Code 1933, § 1223 (former § 21-2-357), governing ballot cards, dis not expressly provide an answer to the question raised. 1981 Op. Att'y Gen. No. 81-68.

- Titles such as "Dr.", "Rev.", "Judge", "Mr.", "Ms.", "Mrs.", or "Miss" are not a part of a person's name and should not be placed on the ballot as a part of the candidate's name. 1984 Op. Att'y Gen. No. 84-51.

- The purpose of the requirement of incumbency designation established by this section was to provide factual information to a voter which is relevant to the choice which the voter makes in voting and which aids the voter in that decision. 1976 Op. Att'y Gen. No. 76-5.

This section identified on the ballot the candidate responsible for the current conduct of the office involved, permitting the voter to express the voter's approval or disapproval of that conduct. 1976 Op. Att'y Gen. No. 76-5.

This section required incumbency designation of the present officeholder, regardless of whether the officeholder was previously elected or was appointed to fill a vacancy. 1976 Op. Att'y Gen. No. 76-5.

If two incumbent county commissioners qualify for the same post they must both be listed as "incumbents" on the primary ballot. 1974 Op. Att'y Gen. No. U74-57.

- It is not necessary to designate the incumbent on a primary ballot if the incumbent is not a candidate in that party's primary for the office the incumbent holds. 1970 Op. Att'y Gen. No. 70-132.

When elected commissioner of labor withdrew prior to taking oath of office and another person was appointed to serve until the next general election in 1992, the proper ballot caption for the office for the 1992 primary and general elections was: "For Commissioner of Labor (To Succeed Al Scott for the Unexpired Term of Joe Tanner, withdrawn)". 1991 Op. Att'y Gen. No. 91-16.

- Former Code 1933, §§ 34-1102 and 34-1103 (see now O.C.G.A. §§ 21-2-284 and21-2-285) allow both special election candidates and general election candidates to be listed on the same ballot so long as the candidates have qualified in accordance with the requirements of the Election Code and the elections are held on the same day; provided, however, that all persons in that election district (now precinct) who will receive the ballot are eligible to vote in both the general and the special elections. 1970 Op. Att'y Gen. No. 70-115.

- Ballot cards used in conjunction with vote recorders may not be prepunched to designate election districts (now precincts) or political parties in lieu of printing such information on cards, but may be so prepunched in addition to printing such information on cards. 1981 Op. Att'y Gen. No. 81-68.

When election district (now precinct) and political party are designated by printing, such designations may be prepunched to obviate confusion and concern among voters; however, it would be wise to also include explanatory language to the effect that the "ballot has been prepunched only so as to indicate information printed immediately above." 1981 Op. Att'y Gen. No. 81-68.

- Public funds may not be expended for the purpose of conducting a straw poll or public opinion referendum absent statutory authority. 1990 Op. Att'y Gen. No. U90-20.

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, § 285 et seq.

- 29 C.J.S., Elections, §§ 264, 267, 271, 272, 273.

- Constitutionality of statute relating to election ballots as regards place or number of appearances on the ballots of names of candidates, 78 A.L.R. 398.

Name or form of name to be used in designating candidate on primary or election ballot, 93 A.L.R. 911.

Validity, construction, and application of state statutory requirements concerning placement of independent candidate for President of the United States on ballot, 33 A.L.R.6th 513.

Validity, construction, and application of state requirements for placement of independent candidates for United States Senate on ballot, 59 A.L.R. 6th 111.