2022 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 10 - Absentee Voting
§ 21-2-387. Pilot Program for Electronic Handling of Absentee Ballots; Requirements for Pilot Program; Reporting; Termination of Pilot Program

1. The Secretary of State shall develop and implement a pilot program for the electronic transmission, receipt, and counting of absentee ballots by persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, for use in a primary or a general election.
2. Such pilot program shall provide, at a minimum, for:
   1. The encryption of information and the transmission of such information over a secure network;
   2. The authentication of such information;
   3. The verification of the identity and eligibility of the elector to vote in the primary, election, or runoff, as the case may be;
   4. The protection of the privacy, anonymity, and integrity of the ballots cast;
   5. The prevention of the casting of multiple ballots by the same elector in a primary, election, or runoff;
   6. The prevention of any tampering, abuse, fraudulent use, or illegal manipulation of such system;
   7. The uninterrupted reliability of such system for casting ballots by qualified voters;
   8. The capability of the elector to determine if the electronic transmission of the ballot was successful;
   9. The ability to audit such ballots and to verify that such ballots were properly counted; and
   10. The ability to verify that the information transmitted over the secure network was not viewed or altered by sites that lie between the voting location and the vote counting destination.
3. The Secretary of State shall develop procedures by which persons who are eligible to utilize the pilot program to vote shall be notified of its availability and the procedures and methods for its utilization.
4. The provisions of this article shall apply to ballots requested, transmitted, voted, received, and counted under this pilot program as nearly as practicable, but the Secretary of State and the State Election Board shall be authorized to vary such provisions by rule or regulation as necessary to accomplish the goals of this pilot program, provided that such variances shall retain and maintain the same degree of security and integrity of such ballots as provided by this article although in different forms or formats as necessitated by the technology utilized in such pilot program. The Secretary of State and the State Election Board are authorized to promulgate such rules and regulations as necessary to implement the provisions of this Code section and to provide for such variances to this article as needed pursuant to this subsection.
5. The Secretary of State shall review the results of the pilot program and shall provide the members of the General Assembly with a comprehensive report no later than 90 days following the primary or general election in which such pilot program is used on the effectiveness of such pilot program with any recommendations for its continued use and any needed changes in such program for future primaries and elections.
6. The pilot program shall be used in the first primary or general election following:
   1. The inclusion in the Appropriations Act of a specific line item appropriation for funding of such pilot program or a determination by the Secretary of State that there is adequate funding through public or private funds, or a combination of public and private funds, to conduct the pilot program; provided, however, that no funds shall be accepted from registered political parties or political bodies for this purpose; and
   2. Certification by the Secretary of State that such pilot program is feasible and can be implemented for such primary or general election.
7. This Code section shall be repealed by operation of law on July 1 of the year following the conclusion of the pilot program.

History. Code 1981, § 21-2-387 , enacted by Ga. L. 2010, p. 807, § 1; Ga. L. 2011, p. 683, § 14/SB 82.

Editor’s notes.

This Code section formerly pertained to the procedure for ballots of deceased electors. The former Code section was based on Code 1933, § 34-1408, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1 and was repealed by Ga. L. 2005, p. 253, § 55/HB 244, effective July 1, 2005.

Ga. L. 2010, p. 807, § 1/HB 665 provides for the creation by the Secretary of State of a pilot program for electronic transmission of absentee ballots by military and overseas citizens and for the repeal by operation of law on July 1 of the year following the conclusion of the pilot program. As of June 2022, the pilot program has not concluded.