Rule 183-1-14-.05 - State Write-In Absentee Ballot(a) The Secretary of State shall design a state write-in absentee ballot for use in runoff primaries and runoff elections by an elector of this state who resides outside the county or the municipality in which the election is being conducted and is: (1) a member of the armed forces of the United States, a member of the merchant marine of the United States, a member of the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration, or a spouse or dependent of such member residing with or accompanying said member; or (2) A citizen of the United States residing outside the United States.(b) Such state write-in absentee ballot shall be designed in such a manner as to permit the person voting such ballot to write-in the name of a candidate or candidates for state offices that are elected on a state-wide basis and for all federal offices in a runoff primary or runoff election. Such state write-in ballot shall automatically be included with any absentee ballot sent to such eligible electors for any general primary or general election. No special request for such ballot shall be required in such circumstances.(c) Such ballot shall either have attached to or have included with such ballot two envelopes. One envelope shall have printed on such envelope the words "Official State Write-In Absentee Ballot" and nothing else. The other envelope shall be designed such that the first envelope will fit inside it and shall have printed on one side the absentee elector oath and the other side shall contain a place for the elector to address the ballot to the appropriate board of registrars or board of elections and registration in this state for mailing.(d) The Secretary of State shall prepare and print instructions for completing and returning such ballot that shall also be enclosed with such ballot. The state write-in absentee ballot, the envelopes for returning it, and the instructions shall be enclosed with the regular absentee ballot, envelopes, and instructions for completing and returning the regular absentee ballot.(e) Such ballots shall be made available in a downloadable electronic form on the Secretary of State's website as well as in printed form. Additionally, the Secretary of State and the county registrars shall provide for the transmission of such blank ballots by facsimile transmission and electronic mail transmission to electors. Instructions for voting such ballots shall be included on the website and shall accompany any facsimile and electronic mail ballot transmissions. Voted ballots shall not be returned by facsimile or electronic mail.(f) As soon as practicable after a general primary or general election, the Secretary of State shall cause to be published on the official website of the Secretary of State a list of all federal offices and state offices in which there will be a runoff primary or runoff election, as the case may be, along with the names of the candidates who will be on the ballot in such runoff.(g) If an elector obtains the ballot by facsimile or by downloading from electronic mail or the Secretary of State's website, the elector shall return the ballot by mail using two envelopes. The elector shall enclose and seal the ballot in a plain envelope and insert that envelope into another envelope for transmission to the registrars. The elector shall copy and sign the appropriate oath onto the back of the outer envelope. The Secretary of State shall provide a sample envelope and oath form on the Secretary of State's website in such a manner that such form may be used by an elector to print out the forms for the purpose of pasting or attaching such forms to an envelope for returning the ballot or for printing an envelope for returning the ballot.(h) If the registrars receive both the official absentee runoff ballot and the state write-in absentee ballot from an elector during the time period for receiving such ballots, the registrars shall submit only the official absentee runoff ballot for counting. In such case, the state write-in absentee ballot shall be handled in the same manner as ballots that are received too late for counting. In order to ensure that the correct ballot is counted, the registrars shall hold the ballots of individuals to whom both an official absentee runoff ballot and a state write-in ballot have been sent until the close of the absentee voting period before submitting such ballots for counting.(i) The failure of an elector to seal the ballot in an inner envelope alone shall not be grounds for rejecting such ballot. The failure of the elector to complete the oath required of absentee voters on the outer envelope shall be cause to reject such ballot.Ga. Comp. R. & Regs. R. 183-1-14-.05
Authority O.C.G.A. Sec. 21-2-31.
Original Rule entitled "State Write-In Absentee Ballot" adopted. F. Dec. 21, 2005; eff. Jan. 10, 2006.