Ga. Comp. R. & Regs. 183-1-14-.06

Current through Rules and Regulations filed through October 29, 2024

Rule 183-1-14-.06 - Spoiled Absentee Ballots

(1) When an absentee ballot is spoiled, the elector may write "Spoiled" across the face of the ballot, then fold the ballot and enclose and securely seal the same in the envelope on which is printed "Official Absentee Ballot." This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other required identifying information. The elector shall then fill out the required information on such envelope, without the requirement to subscribe or swear to the oath printed on such envelope. Such envelope shall then be securely sealed and the elector shall write across the face of the envelope "Spoiled" and then mail or personally deliver same to the board of registrars or absentee ballot clerk in accordance with O.C.G.A. Section 21-2-385.

(2) Upon receipt of an absentee ballot upon which the word "Spoiled" has been written across the face of the envelope, a registrar or absentee ballot clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or absentee ballot clerk shall, within two days after the receipt of such ballot, mail or issue another official absentee ballot to the elector. All returned spoiled ballots shall be safely kept unopened by the board or absentee ballot clerk and then transferred to the appropriate clerk for storage for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election.

(3) The directions that explain how to cast a vote and how to obtain a new ballot after one is spoiled shall appear immediately under the caption on the ballot in substantially the following form as appropriate for that particular primary or election:

To vote, use black or blue ink to mark the ballot. Completely fill-in the empty oval to the left of the candidate name or choice in all races you wish to vote. If voting for a Write-In Candidate, completely fill-in the empty oval to the left of the write in selection, then write the name of the write-in candidate in the space provided.

Warning, do not use red ink or a felt tip pen to mark the ballot. Do not circle, underline, or mark through ballot choices. Do not use "check" marks or an "X" to mark your ballot. Do not mark more choices per race than allowed. Do not sign, cut, tear, or damage the ballot.

If you change your mind or make a mistake on a selection, do not attempt to mark through the selection or attempt to erase. write "Spoiled" across the face of the ballot and across the return envelope. Mail or return the spoiled ballot and envelope to your county board of registrars, and a new official absentee ballot will be mailed to you.

If you decide to vote in-person, surrender the ballot to the poll manager of an early voting site within your county or the precinct to which you are assigned. You will then be permitted to vote a regular ballot.

"I understand that the offer or acceptance of money or another object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law." See O.C.G.A. §§ 21-2-284(e), 21-2-285(h), and 21-2-383(a).

Ga. Comp. R. & Regs. R. 183-1-14-.06

O.C.G.A. §§ 21-2-31, 21-2-284(e), 21-2-285(h), 21-2-383(a).

Original Rule entitled "Spoiled Absentee Ballots" adopted. F. Oct. 29, 2009; eff. Nov. 18, 2009.

Amended: F. Sep. 16, 2020; eff. Oct. 6, 2020.