Passed: Election Integrity Act of 2021

“Elections and Primaries; persons or entities that mail absentee ballot applications shall mail such application only to eligible registered electors.”
– Georgia General Assembly, S. B. 202, Act No. 9

S.B. 202 Election Integrity Act of 2021, introduced February 18, 2021 by chairman of the Senate Ethics Committee Senator Max Burns, was rewritten twice before the final version of 98 pages passed March 25th. The Senate substitute passed March 8th and went to the House; the House substitute passed the House March 25th. Also on March 25th, when the Senate agreed to the House substitute, the bill, finally, passed. When Governor Kemp signed it late afternoon of March 25th, it became Act 9. S.B. 202 is so comprehensive that the introduction required the bill’s first two and one-half pages to mention the many changes made to Georgia Election Law.

Brief Excerpts from S.B. 202

• Georgia’s Attorney General will create/maintain an election complaint telephone hotline.
• The General Assembly will elect a non-partisan chairman of the State Board of Elections.
• State Election Board reports to the General Assembly any proposed donation for elections.
• It provides for two Saturday voting days and two optional Sunday voting days.
• Advance voting begins the 4th Monday before the election, ends Friday before the election.
• An outline is included for handling the death of a candidate, if it occurs before the election.
• It addresses voter registration changes for voters who move out of state or are deceased, etc.
• The number of voters in precincts is restricted to 2,000 to limit wait-time to one hour.
• If the number of voters exceeds 2,000 in a precinct, another precinct must be created.
• Advance voting sites are in buildings; portable units are allowed ONLY in emergencies.
• Ballots must be printed on security paper, except for electronic ballots sent to eligible voters.
• Absentee ballot application requires (a) name, birthdate, address; (b) number on Georgia driver’s license, government ID or other document; (c) oath; and (d) pen-and-ink signature.
• Incarcerated individuals who are eligible voters may apply for absentee ballots.
• Absentee ballots are sent to previous recipients, others upon request and last-election voters.
• A drop box is allowed for each 100,000 voters, or up to the number of advance voting sites.
• Drop box construction is prescribed; their placement must be in lighted surveillance areas.
• Poll hours may be extended, if a judge issues written findings that support the change.
• By 10:00 pm Election Day, election superintendents must report to the Secretary of State the number of ballots (a) cast that day, (b) cast at advance voting, (c) returned and received by the deadline, (d) provisional ballots cast, plus (e) any other uncounted ballots.
• After polls close, vote counting begins and proceeds until all are counted: advance votes, absentee ballots, and those cast on Election Day. Results are released to the public.
• Counting of provisional and other absentee ballots continues day-to-day until completed.
• Run-off elections will be held 28 days after the preceding election.
• At least 29 days must be between the call of a special primary and holding a special primary.

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