Ga. Comp. R. & Regs. 183-1-14-.14

Current through Rules and Regulations filed through October 17, 2024

Rule 183-1-14-.14 - Early Absentee Ballot Processing

(1) Beginning at 8:00 A.M. on the third Monday prior to the day of the primary, election, or runoff, the election superintendent shall be authorized to open the outer oath envelope of absentee ballots that have been verified and accepted pursuant to O.C.G.A. § 21-2-386(a)(1)(B) to remove the contents of such outer envelope, open the inner envelope marked "Official Absentee Ballot," and scan the absentee ballot using one or more scanners.

(a) While absentee ballot processing and scanning shall be open to the view of the public and monitors designated by political parties and candidates, no person except one employed and designated by the election superintendent shall touch any ballot or ballot container. Any person involved in processing and scanning absentee ballots shall swear an oath, in the same form as the oath for poll officers provided in O.C.G.A. § 21-2-95, prior to beginning the processing and scanning of absentee ballots.

(b) At least three persons who are registrars, deputy registrars, poll workers, or absentee ballot clerks shall be present at all times while the absentee ballot envelopes are being opened and the absentee ballots are being scanned.

(c) Outer envelopes shall be opened in such a manner as not to destroy the voter oath signature, the voter's identification information, and (if applicable) the signature and oath of a person assisting a voter.

(2) Public Notice of Absentee Ballot Processing and Scanning.

(a) At least seven days prior to beginning the absentee ballot processing and scanning set forth in section (1) of this rule, the election superintendent shall give the public proper notice of such processing and scanning by:

i. Providing written notice to the Secretary of State or designee in the manner prescribed by the Secretary of State;

ii. If the county or municipality maintains a publicly accessible website, publishing a notice on the homepage of the county's or municipality's (whichever is applicable) publicly accessible website associated with elections and/or registrations; and

iii. Posting the notice in a prominent location in the election superintendent's office.

(b) Proper public notice shall include the dates, start and end times, location or locations where absentee ballots will be processed and scanned, and that such processing and scanning shall be open to the view of the public.

(3) Reconciliation Procedures.

(a) For the purposes of this rule, "reconciliation form" means the reconciliation form prescribed and provided by the Secretary of State.

(b) For the purposes of this rule, "batch" means one hundred absentee ballot envelopes or less.

(c) Prior to opening the outer envelope of a batch, all outer envelopes in the batch shall be counted and recorded on a reconciliation form. Upon opening the outer envelopes of a batch, the contents shall be removed in a manner that ensures the contents of the envelope cannot be matched back to the outer envelope to ensure an elector's constitutional right to a secret ballot. Once all outer envelopes have been opened and contents removed, the inner envelopes shall be opened and the absentee ballots removed. Once all the absentee ballots have been removed, the number of ballots shall be counted and recorded on the reconciliation form and compared to the original count of outer envelopes in the batch. Any discrepancy shall be investigated and reported on the reconciliation form. The reconciliation form shall be signed by the officials processing the batch of ballots. The absentee ballots shall then be scanned on a ballot scanner. A batch number assigned by the ballot scanner shall be recorded on the reconciliation form for that batch.

(d) Any ballot that is so torn, bent, or otherwise defective that it cannot be processed by the scanner shall be duplicated pursuant to O.C.G.A. § 21-2-483. If the elections superintendent orders a duplication panel to prepare a true duplicate copy for processing, all members of a duplication panels shall complete a Duplication Panel Oath prior to carrying out the duties of a duplication panel member. The Duplication Panel Oath shall be in the following form:

STATE OF GEORGIA

COUNTY/MUNICIPALITY OF

OATH OF DUPLICATION PANEL MEMBER

I,_________________, do swear (or affirm) that I will as a duplication panel member for the County/Municipality of _________________, faithfully perform all of my duties in accordance with state law; that I will not tally, tabulate, estimate, or attempt to tally, tabulate, or estimate or cause the ballot scanner or any other equipment to produce any tally or tabulate, partial or otherwise, the absentee ballots cast until the time for the closing of the polls on the day of the primary, election, or runoff except as provided in O.C.G.A. § 21-2-386 nor will I communicate directly or indirectly any information learned through my participation in the duplication panel except, if necessary, to election officials, the Secretary of State, or appropriate law enforcement; and that I will use my best endeavors to prevent any fraud, deceit, or abuse in carrying out my duties.

________________________________

Duplication Panel Member

Administered by, sworn to,

and subscribed before me,

this _____ day of _____________, 20____

________________________________

Election Superintendent

(e) Vote review panels shall be established, as needed, to adjudicate any rejected ballots pursuant to O.C.G.A. § 21-2-483 and Rule 183-1-15.02. Members of vote review panels shall complete a Vote Review Panel Oath prior to carrying out the duties of a vote review panel member. The Vote Review Panel Oath shall be in the following form:

STATE OF GEORGIA

COUNTY/MUNICIPALITY OF

OATH OF VOTE REVIEW PANEL MEMBER

I,_________________, do swear (or affirm) that I will as a vote review panel member for the County/Municipality of _________________, faithfully perform all of my duties in accordance with state law; that I will not tally, tabulate, estimate, or attempt to tally, tabulate, or estimate or cause the ballot scanner or any other equipment to produce any tally or tabulate, partial or otherwise, the absentee ballots cast until the time for the closing of the polls on the day of the primary, election, or runoff except as provided in O.C.G.A. § 21-2-386 nor will I communicate directly or indirectly any information learned through my participation in the vote review panel except, if necessary, to election officials, the Secretary of State, or appropriate law enforcement; and that I will use my best endeavors to prevent any fraud, deceit, or abuse in carrying out my duties.

________________________________

Vote Review Panel Member

Administered by, sworn to,

and subscribed before me,

this _____ day of _____________, 20____

________________________________

Election Superintendent

(f) Successfully scanned ballot batches shall be bound together with a photocopy of the reconciliation form, and the official who scanned the ballots shall notate on the reconciliation form that the batch has been scanned, including the date and location of the scanning, and initial the notation.

(g) The scanned absentee ballots shall then be placed in a secured container. More than one batch of scanned absentee ballots may be placed in the same container, but the individual batches must be separately bound. A security seal that contains an identification number shall be placed on the container. The batch number(s), the number of scanned absentee ballots in each batch, and the security seal number shall be recorded on the container.

(h) Completed original copies of reconciliation forms shall be retained by the election superintendent for two years.

(4) Prompt and Undelayed Scanning of Absentee Ballots After Opening.

(a) The election superintendent shall ensure that the ballots shall be scanned, reconciled, and securely stored on the same work day in which the outer envelopes are opened.

(5) Secrecy of Election Results Prior to Polls Closing.

(a) All cell phones, laptops, audio or video recording devices, and other communication devices shall be prohibited from the room where the processing of absentee ballots is taking place, except for county election computers necessary to carry out this rule or otherwise conduct the election.

(b) No person shall tally, tabulate, estimate, or attempt to tally, tabulate, or estimate or cause the ballot scanner or any other equipment to produce any tally or tabulate, partial or otherwise, the absentee ballots cast until the time for the closing of the polls on the day of the primary, election, or runoff except as provided in O.C.G.A. § 21-2-386.

Ga. Comp. R. & Regs. R. 183-1-14-.14

O.C.G.A. § 21-2-386.

Original Rule entitled "Early Absentee Ballot Processing" adopted. F. Sep. 22, 2021; eff. Oct. 12, 2021.