Ga. Comp. R. & Regs. 183-1-12-.06

Current through Rules and Regulations filed through October 29, 2024

Rule 183-1-12-.06 - Handling of Voting System

1. All personnel, with the exception of the permanent employees of the Office of the Secretary of State and permanent employees of the county or municipal election superintendent, who prepare voting equipment for use in a primary, election, or runoff shall complete an oath of custodian before each election. One copy of the oath shall be placed on file in the office of the election superintendent and an additional copy shall be filed with the records for the election filed with the clerk of superior court or the municipal clerk, as appropriate. The oath of custodian shall be in the following form:

STATE OF GEORGIA

COUNTY/MUNICIPALITY OF _______________________

OATH OF CUSTODIANS AND DEPUTY CUSTODIANS OF GEORGIA VOTING SYSTEM

I, _________________________, do swear (or affirm) that I will as a (deputy) custodian of the voting systems for the County/Municipality of ___________________, faithfully perform all of my duties in accordance with state law; that I will prepare in accordance with all applicable rules and regulations governing the use of the voting system all components to be used in primaries, elections, and runoffs in this county/municipality; that I will use my best endeavors to prevent any fraud, deceit, or abuse in carrying out my duties while preparing the voting system for use in primaries, elections, and runoffs; and that I am not disqualified by law to hold the position of (deputy) custodian.

_________________________________

(Deputy) Custodian

Administered by, sworn to,

and subscribed before me,

this ____ day of _____, 20__

Superintendent

(Required by O.C.G.A. Section 21-2-379.6(b))

2. Any electronic ballot markers, ballot scanners, electronic poll books, ballot boxes and accessories that are removed from storage for educational or training purposes must be signed in and out on an equipment log maintained by the election superintendent. The log shall contain, at a minimum, a description of the item being checked out, including any serial number or identifying number; the date and time when the item is checked out; the name of the person checking out the item; and the date and time when the item is returned to storage. The items checked out of storage shall remain in the custody and control of the person checking out the items at all times and the person checking out the items shall personally return such items. Each person who utilizes equipment for educational or training purposes must be adequately trained in the use of the equipment prior to the release of the equipment into such person's custody.

3. Should it become necessary to relocate an election management system computer or any of its components from one facility to another, the election superintendent shall notify the Secretary of State in advance in writing of the reason for the relocation and the proposed new location. The election management system shall not be relocated unless and until written authorization for the relocation is received from the Secretary of State except in the event of an emergency situation beyond the control of the election superintendent. If an emergency arises causing the election management system to be moved, the election superintendent is responsible to notify the Secretary of State as soon as possible of the move.

4. The poll manager shall sign a receipt for components of the voting system assigned to such poll manager's precinct. Upon returning election supplies to the election superintendent's office following the close of the polls, the poll manager shall account for all such items and shall certify that all such items have been returned or shall describe any missing items and explain why such items have not been returned. The Secretary of State shall prepare and provide a chain of custody sheet for this purpose.

5. All voting system components and other equipment assigned to designated county election technicians shall be accounted for on the night of a primary, election, or runoff and shall be returned to storage. Each technician shall sign a receipt for all such items issued to such technician and, upon returning such items to the election superintendent's office following the close of the polls, the technician shall account for all such items and shall certify that all such items have been returned or shall describe any missing items and explain why such items have not been returned. The Secretary of State shall prepare and provide a chain of custody sheet for this purpose.

6. The election superintendent shall notify the Secretary of State of any instances of unaccounted for components of the voting system as soon as possible.

7. The election superintendent shall perform an audit count of all voting system components housed and maintained by the jurisdiction on an annual basis. The results of the audit shall be submitted to the Secretary of State.

Ga. Comp. R. & Regs. R. 183-1-12-.06

O.C.G.A. §§ 21-2-31, 21-2-379.6.

Original Rule entitled "Defective Ballot Cards, Duplication and Tabulation" adopted. F. July 24, 1968; eff. August 12, 1968.

Amended: F. Aug. 5, 1969; eff. Aug. 24, 1969.

Amended: F. Mar. 6, 1987; eff. Mar. 26, 1987.

Repealed: New Rule entitled "Provisional Ballots" adopted. F. Oct. 18, 2002; eff. Nov. 7, 2002.

Repealed: New Rule of same title adopted. F. Oct. 24, 2003; eff. Nov. 13, 2003.

Amended: F. Dec. 21, 2005; eff. Jan. 10, 2006.

Repealed: New Rule of the same title adopted. F. Mar. 17, 2011; eff. Apr. 6, 2011.

Repealed: New Rule of the same title adopted. F. May 27, 2011; eff. June 16, 2011.

Repealed: New Rule entitled "Handling of Voting System" adopted. F. Jan. 23, 2020; eff. Feb. 12, 2020.

Amended: F. Mar. 2, 2020; eff. Mar. 22, 2020.