Dear Election Board Member:
Thank you for your dedicated service and commitment to your community as an Election Board Member in your county. Georgia statutes refer to your position as being the “Superintendent” of elections.
The powers and duties of the Superintendent described in GA Code § 21-2-70 include the responsibility to “inspect systematically and thoroughly” the conduct of elections “to the end that primaries and elections may be honestly, efficiently and uniformly conducted.”
Each board member must be knowledgeable about Georgia law and procedures and should be actively engaged in election operations.
To assist you with this important role, we have created this Election Superintendent Checklist with the ten important things that you should do to ensure that your county conducts the elections correctly. It includes the statutes, reminders, checklists, and suggestions for your oversight.
Your task as Superintendent is 3-fold: The statutes are in black with the citations to Georgia’s election code.The explanations and suggestions are in blue.
Election accounting best practices and Georgia law require a daily reconciliation at each advance voting location, and separately during the processing of Absentee ballots. The process, accounting, and requirements of Georgia law are different for each type of voting. The four types of voting are:
• Absentee (By mail or Drop-box)
• Advance Voting (also referred to as “Absentee In-Person” or “Early Voting”)
• Election Day (In-Person)
• Provisional (Pending Eligibility Information)
Exercise your oversight duties throughout the entire election process. There should be detailed records of:
• Who is registered to vote, and who is qualified to vote
• Who voted, when they voted, and the method used to vote (Absentee, Advanced, and Election Day)
• How many ballots were cast, when they were cast, and how they were cast (Absentee, Advanced, or Election Day)
O.C.G.A. § 21-2-493 requires the number of ballots cast to be compared with the number of electors who have cast a ballot for each precinct prior to certification.
One of the earliest election events is the start of the absentee ballot application period. There are numerous opportunities for Superintendents to review absentee voting procedures.
GA Code § 21-2-381 (a)(1)(C)(i) Any person applying for an absentee-by-mail ballot shall make application in writing on the form made available by the Secretary of State. In order to confirm the identity of the voter, such form shall require the elector to provide his or her name, date of birth, address as registered, address where the elector wishes the ballot to be mailed, and the number of his or her Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40. If such elector does not have a Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40, the elector shall affirm this fact in the manner prescribed in the application and the elector shall provide a copy of a form of identification listed in subsection (c) of Code Section 21-2-417. The form made available by the Secretary of State shall include a space to affix a photocopy or electronic image of such identification.
Absentee Voter File Review
Review the Absentee Voter File to determine the number of absentee ballots that have been requested and sent at the time of your inspection. Ensure that each voter on in the absentee voter file has a corresponding absentee ballot application.
Absentee Ballot Application Review
Review the applications for Absentee ballots. Examine the applications and check for incomplete information and any indications that the same person has filled out multiple ballot applications. Pay particular attention to voters from nursing homes or long term care facilities or multiple applications from the same addresses.
Rejected Absentee Ballot Application Review
Review all rejected applications for Absentee ballots. Ensure that the application was not improperly rejected. Determine if the application was notified of the deficiency in their application.
When absentee by mail ballots are returned to the county, election officials must process the ballot envelopes according to specific legal requirements. This is an excellent opportunity for a Superintendent to review that ballot envelopes are handled properly.
Georgia Code § 21-2-386. Procedures regarding absentee ballots(a)(1)(B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the number of the elector's Georgia driver's license number or state identification card issued pursuant to Article 5 of Chapter 5 of Title 40 and entered on the absentee ballot envelope with the same information contained in the elector's voter registration records. If the elector has affirmed on the envelope that he or she does not have a Georgia driver's license or state identification card issued pursuant to Article 5 of Chapter 5 of Title 40, the registrar or clerk shall compare the last four digits of the elector's social security number and date of birth entered on the envelope with the same information contained in the elector's voter registration records. The registrar or clerk shall also confirm that the elector signed the oath and the person assisting the elector, if any, signed the required oath. If the elector has signed the elector's oath, the person assisting has signed the required oath, if applicable, and the identifying information entered on the absentee ballot envelope matches the same information contained in the elector's voter registration record, the registrar or clerk shall so certify by signing or initialing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct.
(C) If the elector has failed to sign the oath, or if the identifying information entered on the absentee ballot envelope does not match the same information appearing in the elector's voter registration record, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope "Rejected," giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least two years. Such elector shall have until the end of the period for verifying provisional ballots contained in subsection (c) of Code Section 21-2-419 to cure the problem resulting in the rejection of the ballot. The elector may cure a failure to sign the oath, nonmatching identifying information, or missing information by submitting an affidavit to the board of registrars or absentee ballot clerk along with a copy of one of the forms of identification enumerated in subsection (c) of Code Section 21-2-417 before the close of such period. The affidavit shall affirm that the ballot was submitted by the elector, is the elector's ballot, and that the elector is registered and qualified to vote in the primary, election, or runoff in question. If the board of registrars or absentee ballot clerk finds the affidavit and identification to be sufficient, the absentee ballot shall be counted.
(D) An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state by absentee ballot shall include with his or her application for an absentee ballot or in the outer oath envelope of his or her absentee ballot either one of the forms of identification listed in subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not provide any of the forms of identification listed in this subparagraph with his or her application for an absentee ballot or with the absentee ballot, such absentee ballot shall be deemed to be a provisional ballot and such ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this subparagraph within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. The board of registrars or absentee ballot clerk shall promptly notify the elector that such ballot is deemed a provisional ballot and shall provide information on the types of identification needed and how and when such identification is to be submitted to the board of registrars or absentee ballot clerk to verify the ballot.
(E) Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters.
Verify that the Envelope Contains Required Voter Information
Confirm that the clerk wrote the date and time of receipt of the ballot on the envelope. If you can observe the process while envelopes are being reviewed, ensure that the clerk is comparing the voter’s driver's license number on the envelope with the information contained in the elector's voter registration records. If the voter did not provide the required identification, ensure that the clerk has noted the pending identification requirement.
Verify that the All Required Signatures are on the Envelope
Confirm that the voter signed the oath and the person assisting the elector, if any, signed the required oath. Also verify that the clerk signed or initialed his or her name below the voter's oath indicating approval.
Confirm that Absentee Voter’s Name is Added Name to Numbered List
Verify that the name from each approved absentee ballot envelope has been added to the numbered list of absentee voters prepared for his or her precinct.
Drop Box Chain of Custody Requirements O.C.G.A. §21-2-382 (c)(3) The board of registrars or absentee ballot clerk shall arrange for the collecting and return of ballots deposited at each drop box at the conclusion of each day where advance voting takes place. Collection of ballots from a drop box shall be made by a team of at least two people. Any person collecting ballots from a drop box shall have sworn an oath in the same form as the oath for poll officers set forth in Code Section 21-2-95. The collection team shall complete and sign a ballot transfer form upon removing the ballots from the drop box which shall include the date, time, location, number of ballots, confirmation that the drop box was locked after the removal of the ballots, and the identity of each person collecting the ballots. The collection team shall then immediately transfer the ballots to the board of registrars or absentee ballot clerk, who shall process and store the ballots in the same manner as absentee ballots returned by mail are processed and stored. The board of registrars, absentee ballot clerk, or a designee of the board of registrars or absentee ballot clerk shall sign the ballot transfer form upon receipt of the ballots from the collection team. Such form shall be considered a public record pursuant to Code Section 50-18-70
Drop Box – Review of Drop Box Ballot Transfer Forms
Review chain of custody forms used for retrieving ballots deposited in drop boxes to ensure that forms are used to document each retrieval each day of operations. Verify that couriers delivered ballots immediately with no unexplained gaps in time. The difference between the drop box pick-up time and drop off time should be logical and consistent with the amount of time expected to travel between the two corresponding locations.
Collect Team Signatures and Recipient Signatures
Confirm that the forms include the identity of the members of the collection team, the drop box location and all required signatures indicating unbroken chain of custody.
Spot Check the Ballot Counts Reported with County’s Cumulative Totals
Spot check the number of ballots reported as retrieved for a sample day and compare to the county’s cumulative daily records.
Early Voting in Georgia (Advance Voting) spans a timeframe of nearly three weeks and usually includes different shifts of different people working at the same location over the course of many days. Unlike Election Day, early voters can cast a ballot at any polling location within their county. These two factors cause unique challenges for election officials that require strict compliance with daily reconciliation, just as one would expect from a bank teller or cashier.
Georgia Code 21-2-385(d)(1) There shall be a period of advance voting that shall commence:
(A) On the fourth Monday immediately prior to each primary or election; and
(B) As soon as possible prior to a runoff from any general primary or election but no later than the second Monday immediately prior to such runoff and shall end on the Friday immediately prior to each primary, election, or runoff...
(e) On each day of an absentee voting period, each county board of registrars or municipal absentee ballot clerk shall report for the county or municipality to the Secretary of State and post on the county or municipal website, or if the county or municipality does not maintain such a website, a place of public prominence in the county or municipality, not later than 10:00 A.M. on each business day the number of persons to whom absentee ballots have been issued, the number of persons who have returned absentee ballots, and the number of absentee ballots that have been rejected. Additionally, on each day of an advance voting period, each county board of registrars or municipal absentee ballot clerk shall report to the Secretary of State and post on the county or municipal website, or if the county or municipality does not maintain such a website, a place of public prominence in the county or municipality, not later than 10:00 A.M. on each business day the number of persons who have voted at the advance voting sites in the county or municipality….
Ga. Comp. R. & Regs. 183-1-14-.02 “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.”
Confirm that poll workers recorded the number of ballots cast according to each machine on the corresponding Recap Sheet at closing.
Verify that each morning workers record the seal numbers of each tabulator, and the number of ballots cast according to each machine with the status tape printed at the time each machine powered on.
Verify that the number of voter check-ins matches the number of ballots cast for each day of Advance Voting.
Confirm that the voter and ballot data is reported each day.
The following is a general guide as to how to reconcile the number of ballots cast with the number of voters who have cast a ballot as required by O.C.G.A. § 21-2-493:
Calculate the total number of ballots cast by polling location as shown on the Scanner Recap sheets (One set of Recap sheets for each tabulator).
Calculate the total number of ballots cast by polling location as shown on the tabulator poll closing tape (One for each tabulator)
Compare the number of ballots cast to the total number of voters for the corresponding polling location according to the enumerated voter list or poll pad check-in list. All three numbers should match.
Georgia Code § 21-2-483(f) If it appears that a ballot is so torn, bent, or otherwise defective that it cannot be processed by the tabulating machine, the superintendent, in his or her discretion, may order a duplication panel to prepare a true duplicate copy for processing. In a partisan election, the duplication panel shall be composed of the election superintendent or a designee thereof and one person appointed by the county executive committee of each political party having candidates whose names appear on the ballot for such election, provided that, if there is no organized county executive committee for a political party, the person shall be appointed by the state executive committee of the political party…The election superintendent may create multiple duplication panels to handle the processing of such ballots more efficiently. All duplicate ballots shall be clearly labeled by the word “duplicate,” shall bear the designation of the polling place, and shall contain a unique number that will allow such duplicate ballot to be linked back to the original ballot. The defective ballot shall be retained.
(g)(1) The central tabulator shall be programmed to reject any ballot, including absentee ballots, on which an overvote is detected and any ballot so rejected shall be manually reviewed by the vote review panel described in this Code section to determine the voter’s intent as described in subsection (c) of Code Section 21-2-438.
(2)(A) In a partisan election, the vote review panel shall be composed of the election superintendent or designee thereof and one person appointed by the county executive committee of each political party and body having candidates whose names appear on the ballot for such election…The panel shall manually review all ballots rejected by the tabulator under paragraph (1) of this subsection and shall determine by majority vote whether the elector’s intent can be determined as described in subsection (c) of Code Section 21-2-438 and, if so, said vote shall be counted as the elector intended. In the event of a tie vote by the vote review panel, the vote of the election superintendent or designee thereof shall control.
Ga. Comp. R. & Regs.183-1-14-.02
(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.
Verify seal numbers on the outer secure scanner container and compare to the seal number recorded on the daily recap sheet form. Verify that there is no evidence of tampering with the unit. If the seal numbers do not match, the clerk should not open the container.
After the outer container is opened, the clerk will power the scanner on. Next, compare the numbers shown on the 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.
Confirm that a minimum of three tapes were printed showing the vote totals as cast on that ballot scanner.
Confirm that the number of ballots cast on the tape match totals for each scanner from each vote center.
Verify that three witnesses signed each of the tapes. Confirm that one copy of the results tape for each ballot scanner is posted for public examination.
As Election Day polling locations close, poll workers transport the ballots, memory cards and other election documents to the designated county location. As each precinct checks in with their returns, the memory cards from the scanners will be collected and transferred to the Election Management System where the results will be uploaded.
As the Superintendent, you can ensure that the check-in process is orderly and that each precinct is checked off as they drop off their returns.
The result tapes for each voting machine will be posted for the public to review. Take the time to compare the results printed on the tapes with the unofficial results reports posted on the county website or produced by the EMS. Promply research any discrepancies.
When election results are posted, confirm that the results on the printed tapes match the results from the EMS and the Election Night Reporting.
Carefully review the Advance Voting records to confirm that the protective counter number (odometer) is sufficient to support the number of ballots cast on that scanner.
Verify serial numbers on the tapes to the serial numbers on the equipment chain of custody documents for the corresponding voting location.
As a critical check and balance of election returns, the General Assembly prescribed a mandatory step by the Superintendent to ensure one person-one vote. Before computing any votes, the Superintendent must first compare the number of unique voters who participated (voters who have cast a ballot) to the number of ballots cast from each precinct. Certainly, prior to the time for certification, the County has a list of all people who voted absentee, by advance voting, in person on election day and provisionally. No person is permitted to vote if they do not first identify themselves and confirm that they are a qualified elector. That list must be available for the Board to to review the record of unique voters who participated in the election separated by precinct and polling locationso they can compare the number of voters to the number of ballots cast
If total number of ballots exceeds the total number of people who voted- or the number of people who voted exceeds the number of ballots in a polling location (Advance Voting)- or precinct (Election Day) that discrepancy must be examined by the Superintendent. In fact, the law says that no votes from that precinct can be recorded until the discrepancy is first investigated.
Georgia Code § 21-2-493 (b) The superintendent, before computing the votes cast in any precinct, shall compare the registration figure with the certificates returned by the poll officers showing the number of persons who voted in each precinct or the number of ballots cast. If, upon consideration by the superintendent of the returns and certificates before him or her from any precinct, it shall appear that the total vote returned for any candidate or candidates for the same office or nomination or on any question exceeds the number of electors in such precinct or exceeds the total number of persons who voted in such precinct or the total number of ballots cast therein, such excess shall be deemed a discrepancy and palpable error and shall be investigated by the superintendent; and no votes shall be recorded from such precinct until an investigation shall be had. Such excess shall authorize the summoning of the poll officers to appear immediately with any primary or election papers in their possession. The superintendent shall then examine all the registration and primary or election documents whatever relating to such precinct in the presence of representatives of each party, body, and interested candidate. Such examination may, if the superintendent deems it necessary, include a recount or recanvass of the votes of that precinct and a report of the facts of the case to the district attorney where such action appears to be warranted.
The law requires that for any precinct in which a discrepancy exists, the poll officers shall bring all registration and election documents for examination. The superintendent shall then examine all of the registration and election documents relating to such precinct. The expectation is that there would be few precincts, if any, with discrepancies between the number of voters and the number of ballots but the Superintendent has the statutory duty to reconcile the ballots to voters.
Georgia Code § 21-2-493 (k) As the returns from each precinct are read, computed, and found to be correct or corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until all the returns from the various precincts which are entitled to be counted shall have been duly recorded; then they shall be added together, announced, and attested by the assistants who made and computed the entries respectively and shall be signed by the superintendent. The consolidated returns shall then be certified by the superintendent in the manner required by this chapter. Such returns shall be certified by the superintendent not later than 5:00 P.M. on the Monday following the date on which such election was held and such returns shall be immediately transmitted to the Secretary of State.
Pre-Certification Reconciliation of Ballots to Voters for All Vote Methods for Each Precinct
Before the time for Certification, the Superintendent must conduct a review of precinct returns.
Review a report of the total number of ballots cast by all vote methods from each precinct. See example below:
Review a list of voters who voted by each vote method for each precinct. See example below:
For each precinct, compare the number of ballots to the number of unique voters. If the number of ballots exceeds the number of voters, determine the method of voting in which the discrepancy exists.
Examine the records from that precinct to attempt to identify the cause of the discrepancy.
Resolve all discrepancies prior to certification.