Ga. Code § 21-2-498

Current through 2023-2024 Legislative Session Chapter 374
Section 21-2-498 - Precertification tabulation audits
(a) As used in this Code section, the term:
(1) "Incorrect outcome" means the winner of a contest or the answer to a proposed constitutional amendment or question would be different from the results found in a manual recount of paper official ballots.
(2) "Risk limit" means the largest statistical probability that an incorrect outcome is not detected or corrected in a risk-limiting audit.
(3) "Risk-limiting audit" means an audit protocol that makes use of statistical methods and is designed to limit to acceptable levels the risk of certifying a preliminary election outcome that constitutes an incorrect outcome.
(b) Local election superintendents shall conduct precertification tabulation or risk-limiting audits on one contest following any election, special election, election runoff, special election runoff, primary, special primary, primary runoff, or special primary runoff with federal or state-wide contests in accordance with requirements set forth by rule or regulation of the State Election Board. Audits performed under this Code section shall be conducted by manual inspection of random samples of the paper official ballots.
(c) In conducting each audit, the local election superintendents shall:
(1) Complete the audit prior to final certification of the contest;
(2) Ensure that all types of ballots are included in the audit, whether cast in person, by absentee ballot, advance voting, provisional ballot, or otherwise;
(3) Provide a report of the unofficial final tabulated vote results for the contest to the public prior to conducting the audit;
(4) Complete the audit in public view; and
(5) Provide details of the audit to the public within 48 hours of completion.
(d) The State Election Board shall be authorized to promulgate rules, regulations, and procedures to implement and administer the provisions of this Code section. The procedures prescribed by the State Election Board shall include security procedures to ensure that collection of validly cast ballots is complete, accurate, and trustworthy throughout the audit.

OCGA § 21-2-498

Amended by 2023 Ga. Laws 353,§ 2, eff. 7/1/2023.
Amended by 2023 Ga. Laws 341,§ 5, eff. 7/1/2023.
Added by 2019 Ga. Laws 24,§ 42, eff. 4/2/2019.