GA Regs. 183-1-14-.02 - Advance Voting
(1) All federal, state, and county primaries
and elections shall be conducted using electronic ballot markers and ballot
scanners for in-person absentee voting during the advance voting period. As
used in this rule, the term "registrar" or "registrars" means a county board of
registrars, a county board of elections and registration, a joint
county-municipal board of elections and registration, a municipal absentee
ballot clerk, a municipal registrar, or the designee of a board of registrars,
board of elections and registration, or joint county-municipal board of
elections and registration.
(2) The
registrar shall publish the times, dates. and locations of the availability of
advance voting in their jurisdiction on the homepage of the county's publicly
accessible website associated with elections and/or registrations, or if the
county does not have such a website, in a newspaper of general circulation and
by posting in a prominent location in the county, no later than 7 days prior to
the beginning of the advance voting period. Any additional advance voting
locations added after that deadline shall be published as soon as possible. The
registrar shall endeavor not to remove or alter any advance voting locations
after they are published, unless there are emergency or unforeseen
circumstances make such a change necessary, in which case the registrar shall
publish those changes as soon as possible.
(3) Electronic ballot markers and ballot
scanners shall be configured and tested in accordance with the provisions of
Rule 183-1-12-.08
prior to use in advance voting. Public notice of the time and place for such
configuration and testing of the electronic ballot markers and ballot scanners
to be used for advance voting shall be given in accordance with O.C.G.A.
§§
21-2-374 and
21-2-379.25 and Rule
183-1-12-.08 prior to such
configuration and testing.
(4) The
electronic ballot markers and ballot scanners to be used for advance voting
shall be set up in a manner to assure the privacy of the elector while casting
his or her ballot while maintaining the security of such components against
tampering, damage, or other improper conduct. In addition, there shall be at
least one electronic ballot marker configured for use by physically disabled
electors. at each advance voting location.
(5) Voter access cards for use in electronic
ballot markers for advance voting may be encoded by use of an electronic poll
book or other device approved by the Secretary of State. The registrar may also
utilize the correct access code to manually bring up the correct ballot on the
touchscreen.
(6) Magnifying
devices shall be available at advance voting locations to assist voters in
reviewing their paper ballots.
(7)
On the first day of the advance voting period, prior to any votes being cast on
ballot scanners, the registrars shall verify that the seals for each electronic
ballot marker, ballot scanner, and ballot box are intact and that there is no
evidence or indication of any tampering with the seal or the component. The
registrars shall verify that the number of the seal matches the number of the
seal recorded for that component when such component was prepared by the
election superintendent for the primary, election, or runoff. If a seal number
does not match or if there is any evidence or indication of tampering with the
seal or component, the election superintendent shall be immediately notified
and such component shall not be used until such matters are resolved by
agreement of the election superintendent and the registrars. The set up shall
be performed in public and the public may view the set up subject to such
reasonable rules and regulations as the registrars may deem appropriate to
protect the security of the voting system components and to prevent
interference with the duties of the registrars. The registrars and two
witnesses sworn as poll officers as provided in O.C.G.A. §§
21-2-94 and
21-2-95 shall run a zero tape on
each ballot scanner prior to the beginning of advance voting on those scanners,
and the registrar and the two witnesses shall sign the zero tape in the space
provided. The registrars shall verify that the electronic ballot markers and
ballot scanners all indicate zero counts prior to the opening of the polls. If
the tape does not show zero votes prior to the start of voting, the election
superintendent shall be immediately notified and such component shall not be
used until the component is cleared and the matter is resolved by agreement of
the election superintendent and the registrars. The registrar and the same two
sworn witnesses who signed the zero tape shall inspect and confirm that the
ballot box associated with that scanner is empty and contains no ballots or
other unauthorized matter, and shall verify that fact in writing on a form to
be developed by the Secretary of State. Such form shall include the date and
time it was executed, shall be attached to the zero tape generated by the
ballot scanner attached to that ballot box, and shall be returned to the
election superintendent at the close of the advance voting period with the
other paperwork from the voting location. The registrars shall verify that
there is no unauthorized matter affixed to the electronic ballot markers,
ballot scanners, or voting booths. The registrars shall affix a card of
instructions for voting within each voting booth. Prior to voters entering the
voting booth, the registrars may also distribute to such voters a card of
instructions for voting that has been approved or provided by the Secretary of
State.
(8) If at the close of
voting on any day during the advance voting period, there are more than 1,500
ballots inside any ballot box, the registrar and two sworn witnesses shall
unseal the ballot box, remove the paper ballots, and place the ballots in one
or more durable, portable, secure, and sealable containers. The registrars
shall complete and affix to each container a form identifying the advance
voting location, the advance voting dates that the ballots were cast, the
ballot scanner serial number, the number assigned to that ballot scanner for
that specific election, the count of the ballots from the ballot scanner, and
the date and time that the ballot box was emptied. The container shall be
sealed and signed by the registrar and the two witnesses such that it cannot be
opened without breaking the seal. The ballot box shall be resealed, and the new
seal numbers shall be documented. The registrar and at least one sworn witness
shall deliver the ballot container to the election superintendent for secured
storage until time for the tabulation of votes, and the election superintendent
shall complete a chain of custody form indicating the delivery of the secure
container. The form shall be signed by the registrar and any witnesses who
travelled with the registrar indicating that no sealed documents were unsealed
enroute and have not been tampered with. In the discretion of the registrar,
the same procedure for emptying the ballot box may be followed if there are
less than 1,500 ballots in the ballot box at the end of any advance voting day,
but the ballot box shall not be opened while voting is taking place except as
authorized by Rule
183-1-12-.10(5).
(9) At the close of voting each day during
the advance voting period, the registrars shall document the election counter
number from the ballot scanner on the daily recap sheet. The memory cards shall
remain in the ballot scanner at all times during the advance voting period
until the polls close on the day of the primary, election, or runoff. Each
electronic ballot marker, ballot scanner, ballot box, electronic poll book,
paper backup poll book, and voter access cards shall then be secured overnight.
If the room where advance voting is taking place cannot be locked and secured
overnight in the reasonable judgment of the superintendent, the superintendent
shall cause the voting system components to be stored in a locked, secure
container that is reasonably affixed to the polling place; be under visual
surveillance of an election official or their designee, a licensed security
guard, or a law enforcement official; or if, if the previously listed options
are not feasible, in another manner that in the reasonable judgment of the
superintendent secures and protects the voting system components from
unauthorized access. Any electronic visual surveillance used for security when
voting is not taking place shall not record, capture, or otherwise compromise
the privacy of an elector's ballot.
(10) Each morning during the advance voting
period prior to voting beginning, the registrars shall verify the seal numbers
on each electronic ballot marker and ballot scanner to be used for advance
voting with the number of the seal recorded on the daily recap sheet from the
previous day of advance voting and shall verify that the seals do not show any
signs of tampering. If the seal number corresponds to the entry on the daily
recap sheet and there is no evidence of tampering, the electronic ballot
markers and ballot scanners shall be turned on. If the numbers do not match or
there is evidence of tampering, the election superintendent shall be notified
immediately and the component shall not be used until such discrepancy is
resolved to the satisfaction of the election superintendent and the registrars.
After turning on the ballot scanners, the registrars shall verify the election
counter number with the number recorded on the daily recap sheet from the
previous day of advance voting. If the numbers do not match, the election
superintendent shall be immediately notified and the component shall not be
used until such discrepancy is resolved to the satisfaction of the election
superintendent and the registrars. The election counter number shall then be
entered onto the daily recap sheet for that day.
(11) Voters who vote absentee ballots in
person shall first complete an absentee ballot application and sign an oath,
which may be on the same form and may be on paper or digital. After the
registrars determine that the voter is eligible to vote, the registrars shall
note the voter's registration number and ballot style on the absentee ballot
application. Each voter shall be offered instruction by a registrar in the
method of voting on the voting system, including specific instruction to review
their printed ballot prior to scanning it. In providing such instruction, the
registrar shall not in any manner request, suggest, or seek or persuade or
induce any voter to vote any particular ticket or for any particular candidate,
or for or against any particular question. The voter shall then be issued a
voter access card programmed with the correct ballot style or the registrar
shall use the correct access code to manually bring up the correct ballot on
the electronic ballot marker. The voter shall then enter the enclosed space in
the advance voting location and proceed to vote his or her choices. Upon making
his or her selections, the voter shall cause the paper ballot to print, remove
his or her printed ballot from the printer, remove the voter access card from
the touchscreen unit, review the selections on his or her printed ballot, scan
his or her printed ballot into the ballot scanner, and return the voter access
card to a poll officer.
(12) The
registrars shall cause each advance voting location to be sufficiently staffed.
At least one poll officer shall be assigned to assisting voters who have
questions while they are in the voting booth, but before they approach the
ballot scanner. Another poll officer shall be stationed at every ballot scanner
in use in the polling place while voting is occurring. The poll officer
stationed at the ballot scanner shall offer each voter specific verbal
instruction to review their printed paper ballot prior to scanning it. In
addition to the preceding instruction, the poll officer stationed at the ballot
scanner shall offer general instruction throughout the period while voting is
occurring telling voters that sample ballots and magnifying devices are
available to assist them in reviewing their paper ballot. The poll officer
shall take all reasonable precautions not to view the selections on an
elector's ballot unless it is required due to assistance requested by the
elector. If a poll officer observes a voter attempting to leave the enclosed
space with a paper ballot, the poll officer shall inform the voter of the
consequence of not depositing his or her paper ballot into the ballot scanner
prior to leaving the room.
(a) If a voter
discovers that the ballot presented on the electronic ballot marker is not
correct or, for a partisan primary, is not the ballot that the voter desired to
vote, the voter should immediately notify a poll officer. The poll officer
shall cancel or void the ballot on the electronic ballot marker without
attempting, in any manner, to see how the voter has voted and shall then take
the necessary steps to provide the voter with the correct ballot and make any
necessary corrections to the voter's certificate of the voter, the electors
list, and the numbered list of voters. If the error is due to equipment
malfunction, the poll officer shall document the incident on a form developed
by the Secretary of State. The poll officer shall inform the election
superintendent immediately if one or more electronic ballot markers are
associated with a significant number of incidents.
(b) If, while reviewing his or her paper
ballot, a voter discovers that the printed ballot does not reflect the voter's
desired selections or that the voter was not issued the proper ballot, the
voter should immediately inform a poll officer. The poll officer shall spoil
the paper ballot and take the necessary steps to allow the voter to make his or
her selections again on the electronic ballot marker and cause the correct
ballot to be issued. The poll officer shall document the incident on a form
circulated by the Secretary of State. The poll manager shall inform the
elections superintendent immediately if one or more BMDs are associated with a
significant number of incidents.
(13) At the end of the advance voting period,
the registrars shall record the election counter number from each ballot
scanner on the daily recap sheet. The ballot scanners shall be shut down and
sealed. The registrars shall record the seal numbers on the daily recap sheet.
The registrar and two sworn witnesses shall unseal the ballot box, remove the
paper ballots, and place the ballots in one or more durable, portable, secure,
and sealable containers. The registrars shall complete and affix to each
container a form identifying the advance voting location, the advance voting
dates that the ballots were cast, ballot scanner serial number, the number
assigned to that ballot scanner for that specific election, the count of the
ballots from the ballot scanner, and the date and time that the ballot box was
emptied. The container shall be sealed and signed by the registrar and the two
witnesses such that it cannot be opened without breaking the seal. The ballot
box shall be resealed, and the new seal numbers shall be documented. The
registrar and at least one sworn witness shall deliver the ballot container to
the election superintendent for secured storage until time for the tabulation
of votes, and the election superintendent shall complete a chain of custody
form indicating the delivery of the secure container. The form shall be signed
by the registrar and any witnesses who travelled with the registrar indicating
that no sealed documents were unsealed enroute and have not been tampered with.
The ballot scanners and ballot containers shall then be secured until time for
the tabulation of votes.
(14) By
the close of the polls on the day of the primary, election, or runoff, the
registrars shall deliver all of the ballot scanners used for advance voting and
all other absentee ballots received to the election superintendent or the
tabulating center. The election superintendent or tabulating center personnel
shall count all of the absentee ballots in accordance with the procedures
required by law and the rules of the State Election Board. The election
superintendent or tabulating center personnel shall verify the seal numbers of
each ballot scanner with the numbers recorded on the daily recap sheet form and
shall inspect each seal and unit to verify that there is no evidence of
tampering with the unit. If the seal numbers are not correct or there is
evidence of tampering, the Secretary of State and the election superintendent
shall be notified immediately and no further action shall be taken with regard
to such unit until the reason for the discrepancy has been determined to the
satisfaction of the election superintendent.
(15) After verifying the seal number and the
integrity of the seal on each ballot scanner, the election superintendent or
tabulating center personnel shall open each ballot scanner and turn on the
power. The election superintendent or tabulating center personnel shall then
compare the numbers shown on the election counters of the ballot scanners with
the numbered list of absentee electors and the absentee ballot recap form to
verify that there are no discrepancies. If there is a discrepancy, no further
action shall be taken until the reason for the discrepancy has been determined
to the satisfaction of the election superintendent. The election superintendent
or tabulating center personnel shall cause each ballot scanner to print a
minimum of three tapes showing the vote totals as cast on that ballot scanner.
Three witnesses shall sign each of the tapes or shall write on the tapes the
reason why they will not sign the tapes. One copy of the results tape for each
ballot scanner shall be made available for the information of the public. One
tape shall be placed into an envelope (or reusable document storage container
suitable for the same purpose), provided by the election superintendent along
with "poll worker" memory cards from the ballot scanner. The envelope shall be
sealed by the poll manager and the same two witnesses who signed the tape such
that the envelope cannot be opened without breaking such seal. The envelope
shall be initialed by the poll manager and the two witnesses indicating that it
contains the correct tape and memory card from the indicated ballot scanner.
The envelope shall be labelled with the name of the polling place, the serial
number of the ballot scanner, and the number assigned to the ballot scanner for
that election. The third tape shall be placed into another envelope with the
absentee ballot recap form.
(16)
After completing the printing of the results, the ballot scanner shall be
turned off, secured, and resealed. The ballot scanners shall then be placed in
a secure area with appropriate climate control. The envelopes containing the
memory cards and results tapes, voter access cards, poll worker cards, ballot
encoder devices, numbered lists of absentee voters, absentee ballot recap
forms, and other such paperwork shall be transported to the office of the
election superintendent by the election superintendent or tabulating center
personal, which transportation shall at all times involve at least two
authorized individuals. The office of the election superintendent shall receive
the materials and shall document delivery. The election superintendent or
tabulating center personal who travelled with the materials shall sign a form
indicating that no sealed documents were unsealed enroute and that the
materials have not been tampered with.
(17) Any notices to the Secretary of State
about discrepancies in numbers or seals, zero tapes, or election counters shall
also be forwarded to members of the State Election Board, but such information
shall be considered confidential if the Secretary of State has initiated an
investigation of the matter.
Notes
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