2022 Georgia Code
Title 21 - Elections
Chapter 2 - Elections and Primaries Generally
Article 2 - Supervisory Boards and Officers
Part 1 - State Election Board, County Board of Elections, and County Board of Elections and Registration
Subpart 1 - State Election Board
§ 21-2-31. Duties

Universal Citation: GA Code § 21-2-31 (2022)

It shall be the duty of the State Election Board:

  1. To promulgate rules and regulations so as to obtain uniformity in the practices and proceedings of superintendents, registrars, deputy registrars, poll officers, and other officials, as well as the legality and purity in all primaries and elections;
  2. To formulate, adopt, and promulgate such rules and regulations, consistent with law, as will be conducive to the fair, legal, and orderly conduct of primaries and elections; and, upon the adoption of each rule and regulation, the board shall promptly file certified copies thereof with the Secretary of State and each superintendent;
  3. To publish in print or electronically and furnish to primary and election officials, from time to time, a sufficient number of indexed copies of all primary and election laws and pertinent rules and regulations then in force;
  4. To publish in print or electronically and distribute such explanatory pamphlets regarding the interpretation and application of primary and election laws as in the opinion of the board should be distributed to the electorate;
  5. To investigate, or authorize the Secretary of State to investigate, when necessary or advisable the administration of primary and election laws and frauds and irregularities in primaries and elections and to report violations of the primary and election laws either to the Attorney General or the appropriate district attorney who shall be responsible for further investigation and prosecution. Nothing in this paragraph shall be so construed as to require any complaining party to request an investigation by the board before such party might proceed to seek any other remedy available to that party under this chapter or any other provision of law;
  6. To make such recommendations to the General Assembly as it may deem advisable relative to the conduct and administration of primaries and elections;
  7. To promulgate rules and regulations to define uniform and nondiscriminatory standards concerning what constitutes a vote and what will be counted as a vote for each category of voting system used in this state;
  8. To employ such assistants as may be necessary;
  9. Subject to funds being specifically appropriated by the General Assembly, to formulate and conduct a voter education program concerning voting procedures for voting by absentee ballot and at the polls with particular emphasis on the proper types of identification required for voting; and
  10. To take such other action, consistent with law, as the board may determine to be conducive to the fair, legal, and orderly conduct of primaries and elections.

History. Ga. L. 1958, p. 269, § 45; Ga. L. 1959, p. 57, § 1; Code 1933, § 34-202, enacted by Ga. L. 1968, p. 862, § 2; Ga. L. 1993, p. 118, § 1; Ga. L. 1993, p. 1670, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 230, § 2; Ga. L. 2003, p. 517, § 2; Ga. L. 2006, p. 3, § 1/SB 84; Ga. L. 2008, p. 781, § 2/HB 1112; Ga. L. 2010, p. 838, § 10/SB 388.

Administrative rules and regulations.

Registration of electors, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, State Election Board, Subject 183-1-6.

Returns of primaries and elections, Official Compilation of the Rules and Regulations of the State of Georgia, State Election Board, Subject 183-1-15.

Rules of the State Election Board, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Subject 183-1-1 through 183-2-16.

Rules for voter registration by private entities, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Registration of Electors, § 183-1-6-.02.

Tabulating center personnel, trained and certified, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Voting Machines — Vote Recorders, § 183-1-12-.03.

Law reviews.

For article, “Local Government Law,” see 53 Mercer L. Rev. 389 (2001).

For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 145 (2006).

For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).

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