The Georgia election code can be found here: https://casetext.com/statute/code-of-georgia/title-21-elections
In addition to the state code relating to elections, Georgia election laws grant the Georgia State Election Board with the authority to administer numerous duties. A few of those are:
At the State Election Board Meeting on Monday, August 19, 2024 the Election Board approved Rule 183-1-12-.12. Tabulating Results. The main features of this rule are that the county board of elections must meet to review precinct returns by 3 PM on the Friday following the election; after tabulating all ballots, the total number of ballots cast by each method must be reported for each precinct; a list of all voters categorized by voting method must be compiled and reported; the board must compare the total number of ballots cast to the total number of unique voter IDs per precinct; and board members are allowed to examine all election-related documentation before certifying the results.
In plain language, this means that the election officials will ensure a reconciling of voters-to ballots-to votes as already required under law (GA Code § 21-2-493(b).
Section 21-2-493 - Computation, canvassing, and tabulation of returns; investigation of discrepancies in vote counts; recount procedure; pilot program for posting of digital images of scanned paper ballots; certification of returns; change in returns
(a) The superintendent shall, after the close of the polls on the day of a primary or election, at his or her office or at some other convenient public place at the county seat or in the municipality, of which due notice shall have been given as provided by Code Section 21-2-492, publicly commence the computation and canvassing of the returns and continue until all absentee ballots received by the close of the polls, including those cast by advance voting; provided, however, that such votes cast by advance voting shall be tabulated and the results reported by no later than 8:00 P.M. on such day or within one hour of the closing of all polls in such county, whichever occurs later, and all ballots cast on the day of the primary or election have been counted and tabulated and the results of such tabulation released to the public and, then, continuing with provisional ballots as provided in Code Sections 21-2-418 and 21-2-419 and those absentee ballots as provided in subparagraph (a)(1)(G) of Code Section 21-2-386from day to day until completed. For this purpose, the superintendent may organize his or her assistants into sections, each of whom may simultaneously proceed with the computation and canvassing of the returns from various precincts of the county or municipality in the manner provided by this Code section. Upon the completion of such computation and canvassing, the superintendent shall tabulate the figures for the entire county or municipality and sign, announce, and attest the same, as required by this Code section.
(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.
(c) In precincts in which paper ballots have been used, the superintendent may require the production of the ballot box and the recount of the ballots contained in such ballot box, either generally or respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the superintendent, and may require the correction of the returns in accordance with the result of such recount. If the ballot box is found to contain more ballots than there are electors registered in such precinct or more ballots than the number of voters who voted in such precinct at such primary or election, the superintendent may, in his or her discretion, exclude the poll of that precinct, either as to all offices, candidates, questions, or parties and bodies or as to any particular offices, candidates, questions, or parties and bodies, as to which such excess exists.
(d) In precincts in which voting machines have been used, the superintendent may require a recanvass of the votes recorded on the machines used in the precinct, as provided in Code Section 21-2-495.
(e) In precincts in which paper ballots have been used, the general returns made by the poll officers from the various precincts shall be read one after another in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a precinct in which ballots were used, read therefrom the number of ballots issued, spoiled, canceled, and cast, respectively, whereupon the assistant having charge of the records of the superintendent showing the number of ballots furnished for each precinct, including the number of stubs and unused ballots and spoiled and canceled ballots returned, shall publicly announce the number of the same respectively; and, unless it appears by such number or calculations therefrom that such records and such general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the superintendent.
(f) In precincts in which voting machines have been used, there shall be read from the general return the identifying number or other designation of each voting machine used and the numbers registered on the protective counter or device on each machine prior to the opening of the polls and immediately after the close of the same, whereupon the assistant having charge of the records of the superintendent showing the number registered on the protective counter or device of each voting machine prior to delivery at the polling place shall publicly announce the numbers so registered; and, unless it appears that such records and such general return correspond, no further returns shall be read from the latter until any and all discrepancies are explained to the satisfaction of the superintendent.
(g) In precincts in which paper ballots have been used, when the records agree with such returns regarding the number of ballots and the number of votes recorded for each candidate, such votes for each candidate shall be read by an assistant slowly, audibly, and in an orderly manner from the general return which has been returned unsealed; and the figures announced shall be compared by other assistants with the general return which has been returned sealed. The figures announced for all precincts shall be compared by one of the assistants with the tally papers from the respective precincts. If any discrepancies are discovered, the superintendent shall examine all of the return sheets, tally papers, and other papers in his or her possession relating to the same precinct. If the tally papers and sealed general return sheet agree, the unsealed general return shall be immediately corrected to conform thereto. In every other case the superintendent shall immediately cause the ballot box of the precinct to be opened and the vote therein to be recounted in the presence of interested candidates or their representatives; and, if the recount shall not be sufficient to correct the error, the superintendent may summon the poll officers to appear immediately with all election papers in their possession.
(h) In precincts in which voting machines have been used, when the records agree with the returns regarding the number registered on the voting machine, the votes recorded for each candidate shall be read by an assistant slowly, audibly, and in an orderly manner from the general return sheet which has been returned unsealed; and the figures announced shall be compared by other assistants with the duplicate return sheet which has been returned sealed. If the voting machine is of the type equipped with a mechanism for printing paper proof sheets, such general and duplicate return sheets shall also be compared with such proof sheets, which have been returned as aforesaid. If any discrepancies are discovered, the superintendent shall examine all of the return sheets, proof sheets, and other papers in his or her possession relating to the same precinct. Such proof sheets shall be deemed to be prima-facie evidence of the result of the primary or election and to be prima facie accurate; and, if the proper proof sheets, properly identified, shall be mutually consistent and if the general and duplicate returns or either of such returns from such precinct shall not correspond with such proof sheets, they shall be corrected so as to correspond with such proof sheets in the absence of allegation of specific fraud or error proved to the satisfaction of the superintendent.
(i) If any error or fraud is discovered, the superintendent shall compute and certify the votes justly, regardless of any fraudulent or erroneous returns presented to him or her, and shall report the facts to the appropriate district attorney for action.
(j) The superintendent shall see that the votes shown by each absentee ballot are added to the return received from the precinct of the elector casting such ballot.
(j.1) The Secretary of State shall create and maintain a state-wide program for the posting of digital images of the scanned paper ballots created by the voting system. All such scans shall have a resolution of no less than 200 dots per inch. Digital images of the scanned ballots created as part of the preliminary tabulation process shall be posted no later than 5:00 P.M. on the second Friday following the day of the election, and such postings shall be supplemented by the posting of any additional ballot images created in the tabulation process through final certification of such election.
(j.2)(1) On or after January 1, 2025, in the event that a superintendent receives a request pursuant to Code Section 50-18-71for scanned ballot images at a resolution higher than the ballot images available from the Secretary of State pursuant to subsection (j.1) of this Code section, and such request is received following the final certification of the results of the election in which such ballots were created, the superintendent shall, consistent with Code Section 50-18-71, produce digital scans of the requested ballots at a resolution of no less than 600 dots per inch and deliver such scans to the requestor. A person making a request pursuant to this subsection may observe the scanning and related handling process, but under no circumstances shall anyone other than an authorized election official touch or handle a physical ballot
.(2) Notwithstanding any seal provided for by Code Section 21-2-500, a superintendent shall have access to the ballots cast within its jurisdiction so as to comply with the provisions of this subsection. Upon receiving a request pursuant to this subsection, the superintendent shall notify the clerk of the superior court or, if designated by the clerk of the superior court, the county records manager or other office or official under the jurisdiction of a county governing authority which maintains or is responsible for maintaining such sealed ballots, and such official or office that maintains such requested ballot shall provide the superintendent access to such ballot without the need for obtaining a court order. All ballots provided to a superintendent pursuant to this paragraph shall be immediately returned by such superintendent to the official or office that maintains such ballots upon the scanning of such ballot.
(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.(l) In such case where the results of an election contest change the returns so certified, a corrected return shall be certified and filed by the superintendent which makes such corrections as the court orders.
OCGA § 21-2-493
Once the final results are tabulated and the required documents completed, the Election Supervisor will present them to the County Board of Elections for a vote to certify after comparing the numbers . O.C.G.A. § 21-2-493.
At the State Election Board Meeting on Tuesday, August 6, 2024 Rule 183-1-12-.02 Definitions. The main features of the amendments to this rule are that it adopts the U.S. Election Assistance Commission’s definition of certification, while stating explicitly that certifying officials should properly conduct a reasonable inquiry in arriving at the certification decision. Specifically, “(c.2) Certify the results of a primary, election, or runoff,” or words to that effect, means to attest, after reasonable inquiry that the tabulation and canvassing of the election are complete and accurate and that the results are a true and accurate accounting of all votes cast in that election.”
This language leaves no ambiguity about the duties required of election officials before certifying an election. It makes crystal clear that their duty is more than a simple ministerial task that must be completed in a vacuum void of the facts associated with whether the votes to be tabulated were validly cast.
(02) "Certify the results of a primary, election, or runoff," or words to that effect, means to attest, after reasonable inquiry that the tabulation and canvassing of the election are complete and accurate and that the results are a true and accurate accounting of all votes cast in that election.
https://rules.sos.ga.gov/GAC/183-1-12
(18) Any absentee ballot drop location, other than the United States Postal Service or authorized and defined drop box under Georgia Law, that receives absentee ballots shall require an absentee ballot form with written documentation, including absentee ballot elector's name, signature and photo ID of the person delivering the absentee ballot, and approved relation to the elector's name on the absentee ballot. An absentee ballot form provided by the Secretary of State shall be completed by the registrar, clerk, deputy, or election official. The form shall serve as a written record of the name of the elector, the name of the person delivering the absentee ballot, the relation to voter, signature of the person depositing the ballot, and type of ID of the person delivering the absentee ballot. The absentee ballot form shall be returned with the absentee ballots and chain of custody forms to the superintendent. Any ballot not included on the recorded absentee ballot form or any ballot delivered without a signed chain of custody shall be considered a provisional absentee ballot. The superintendent shall notify any elector with a provisional ballot immediately and provide information and instructions of how to cure the provisional absentee ballot.
(19) At the close of the polls each day during early voting and after the last voter has cast his or her ballot, the poll officials shall initiate video surveillance and recording of a drop box at any early voting location. Such surveillance shall include visual recording of the drop box if there is one located at that site. Any drop box that is not under constant and direct surveillance shall be locked or removed and prohibited from use. Video surveillance may be live-streamed but must be recorded and will be considered part of the election documents and retained as provided in Code Section 21-2-390.
https://rules.sos.ga.gov/GAC/183-1-14
(1) Preparing for County Certification
(2) Certification Meeting
(a) After the Polls Close.
(5). The poll manager and two witnesses who have been sworn as poll officers as provided in O.C.G.A. § 21-2-94 and 21-2-95 shall unseal and open each scanner ballot box, remove the paper ballots from each ballot box, record the date and time that the ballot box was emptied and present to three sworn precinct poll officers to independently count the total number of ballots removed from the scanner, sorting into stacks of 50 ballots, continuing until all of the ballots have been counted separately by each of the three poll officers. When all three poll officers arrive at the same total ballot count independently, they shall each sign a control document containing the polling place, ballot scanner serial number, election name, printed name with signature and date and time of the ballot hand count. If the numbers recorded on the precinct poll pads, ballot marking devices [BMDs] and scanner recap forms do not reconcile with the hand count ballot totals, the poll manager shall immediately determine the reason for the inconsistency; correct the inconsistency, if possible; and fully document the inconsistency or problem along with any corrective measures taken. A separate container shall be used for the hand counted paper ballots from each ballot box and the container shall be labelled with the polling place, ballot scanner serial number, the number assigned to the ballot scanner for that election, the scanner counts of the ballots from the tabulation tape, and the hand count ballot total as certified by the three poll officials. The container shall be sealed and signed by the poll manager and two of the three hand count poll officers such that it cannot be opened without breaking the seal. The poll manager and two witnesses shall sign a label affixed to the container indicating that it contains all the hand counted ballots from the indicated scanner box and no additional ballots.
Authority: O.C.G.A. § 21-2-483(a), 21-2-436, 21-2-420(a)
Preparing and Posting Reconciliation Reports
1. As soon as possible but no later than 30 days following the certification of election results, the election superintendent shall transmit to the Secretary of State a reconciliation report that reconciles the aggregate total of all ballots cast in each precinct as reported in the precinct-level election results to the aggregate number of voters who received credit for voting in each precinct on the form made available by the Secretary of State. Any discrepancies in the aggregate total of ballots cast in each precinct compared to the aggregate number of voters who received credit for voting in a precinct shall be fully investigated by the election superintendent or designee. The explanation for any discrepancy shall be included in the Reconciliation Report.
2. Upon submission of the completed Reconciliation Report to the Secretary of State, each county shall publish the report on their county election results website.
Authority: O.C.G.A. § 21-2-3
Conduct of Elections: Absentee Ballot Distinction
Purpose: The purpose of the rule is to improve security and chain of custody by making scanned copies of absentee ballots visually distinct from provisional and emergency ballots.
Main Features: The main feature of the amendments to this rule is that it requires the printing of two separate and distinct batches of ballots: emergency/provisional and absentee ballots. Absentee ballots marked distinctly from provisional/emergency ballots will serve as a visual cue to assist in chain of custody
Tabulating Results: Reconciliation
Purpose: The purpose of the rule is to reconcile tabulator tape ballot counts with scanner ballot counts to ensure that the voting system is correctly counting ballots and detect potential errors.
Main Features: The main feature of this rule amendment is that it requires the poll manager and two witnesses to record the ballot count from the tabulation tape on the recap form.
Tabulating Results: Hand Counting
Purpose: The purpose of the rule is to ensure the secure, transparent, and accurate counting of ballots by requiring a systematic process where ballots are independently hand-counted by three sworn poll officers. The rule mandates detailed documentation, sealing, and certification of ballot counts, with provisions for resolving inconsistencies and communicating any counting that occurs outside the polling location to relevant parties.
Main Features: The main features of the amendments to this rule are that requires the poll manager and two sworn poll officers to unseal ballot boxes, remove and record the ballots, and have three poll officers independently count them. Once all three counts match, they sign a control document. If discrepancies arise between the hand count and recorded totals, the poll manager must resolve and document the inconsistency. The counted ballots are sealed in labeled containers, signed to ensure integrity.
Tabulating Results: Reconciliation Reports
Purpose: The purpose of the rule is to ensure that the public is able to readily view the Reconciliation Report that is generated, which outlines discrepancies between the total ballots cast and the total number of voters credited with voting in each precinct within 30 days of certifying election results.
Main Features: The main feature of the amendment to this rule is that the Reconciliation Report will be visible to the public via the county election results website or in the county elections office.
Storage of Returns
Purpose: The purpose of the rule is to preserve and secure electronic election data, including ballot images, vote records, and audit logs, to ensure transparency, public access, and compliance with legal requirements for election integrity and record retention.
Main Features: The main features of this proposed rule amendment include the mandatory retention of ballot image metadata, case vote records, and audit logs, with all sealed files being signed and dated by the election superintendent. Additionally, the amendment requires the memory cards to be preserved for 24 months post-election and removes the language that the memory cards may be used for the next upcoming election.
Preparation of the Electors List and Use of Electronic Poll Book: Voter Lists
Purpose: The purpose of the rule is to affirm that citizens of Georgia have access to an essential part of the oversight of the election process and instill confidence in Georgia elections.
Main Features: The main features of the amendment to this rule are that it requires each county in Georgia to post a publicly accessible, time-stamped list of registered electors before advance voting begins, with the Secretary of State also posting a statewide list. Counties must also post a supplemental list before advance voting, with the Secretary of State doing the same for the state. These data files, excluding legally restricted information, must remain available for download for at least 10 years. Counties without websites must make the lists available at their election offices for the same period.
County Participation and Totals Reporting - Daily Reporting
Purpose: The purpose of the rule is to ensure ongoing transparency in elections during the advance and absentee voting period, and on Election Day. Further, it serves to continuously keep the public informed on the voting process and election information.
Main Features: This rule requires that, for each primary, general, and runoff election in Georgia, registrars must establish a daily reporting system to publicly share the total number of voters who have participated, beginning from the start of advance voting. The reports must include details on how voters participated (either through advance voting or absentee by mail), and for primary elections, they must also specify the number of party or nonpartisan ballots cast. After the canvass and computation of votes, excluding certain ballots like provisional or UOCAVA ballots, election superintendents must create and post precinct-level vote totals for all contests. Both the daily voter participation reports and the final vote totals must be posted on the registrar's or county election superintendent's website, or in a public place if no website is available. This ensures continuous transparency and public access to election information.
Poll Watchers for Tabulating Center
Purpose: The purpose of the rule is to clarify the existing election code and to ensure poll watchers may fairly observe all processes of the tabulation center.
Main Features: The main feature of the amendment is that designates additional areas within the tabulating centers in which poll watchers are permitted to view tabulation and reconciliation processes
Advanced Voting: Reconciliation
Purpose: The purpose of the rule is to reconcile tabulator tape ballot counts with scanner ballot counts to ensure that the voting system is correctly counting ballots and detect potential errors.
Main Features: The main feature of this rule amendment is that it requires election officials to reconcile the ballot counts from the scanner tabulation tapes, the election counters on the ballot scanners, the numbered list of absentee electors, and the absentee ballot recap form. If any discrepancies are found, no further action shall be taken until the issue is resolved to the satisfaction of the election superintendent.
Mailing and Issuance of Ballots: Chain of Custody
Purpose: The purpose of the rule is to maintain the chain of custody of ballots in Georgia by ensuring that ballots are mailed to the intended recipient and returned to the county elections office with an auditable trail.
Main Features: The main feature of this rule amendment is that it establishes the United States Postal Service tracking as a means to track absentee-by-mail ballots. It also establishes that the USPS tracking records for each ballot mailed to electors should be maintained by the county board of registrars or the absentee ballot clerk for public inspection.
Advance Voting: Chain of Custody
Purpose: The purpose of the rule is to enhance election accuracy by adding a hand count of total ballots to Advance Voting periods at each voting location and ensuring that the electronic system totals match the hand counted totals.
Main Features: As to Rule 183-1-14-.02(8), this rule requires that if a ballot box contains more than 1,500 ballots at the close of any advance voting day, the ballots must be removed and independently hand-counted by three sworn poll officers. The officers must agree on the total count and document it along with other election details. Any discrepancies between the hand count and electronic records must be investigated and resolved. The ballots are then securely sealed, documented, and delivered to the election superintendent for safekeeping until vote tabulation. As to Rule 183-1-12-.02(13), at the end of the advance voting period, the registrar must record the election counter numbers from each ballot scanner on a daily recap sheet, then shut down and seal the scanners. The registrar, with two witnesses, unseals the ballot box, and three sworn poll officers independently count the ballots, ensuring accuracy by comparing their results. Any discrepancies between the hand count and electronic records must be resolved and documented. The counted ballots are then placed in secure containers, sealed, and documented, with a chain of custody form completed and signed to maintain the integrity of the ballots until they are tabulated.
Notices, Agendas and Summaries are found here:
https://sos.ga.gov/page/state-election-board-meetings-events