Correction of Mistakes and Omissions on Ballot

  1. Law
  2. Georgia Code
  3. Elections
  4. Elections and Primaries Generally
  5. Voting by Ballot
  6. Correction of Mistakes and Omissions on Ballot

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  1. If the election superintendent discovers that a mistake or omission has occurred in the printing of official ballots or in the programming of the display of the official ballot on DRE voting equipment or electronic ballot markers for any primary or election, the superintendent is authorized on his or her own motion to take such steps as necessary to correct such mistake or omission if the superintendent determines that such correction is feasible and practicable under the circumstances; provided, however, that the superintendent gives at least 24 hours' notice to the Secretary of State and any affected candidates of the mistake or omission prior to making such correction.
  2. When it is shown by affidavit that a mistake or omission has occurred in the printing of official ballots or in the programming of the display of the official ballot on DRE voting equipment or electronic ballot markers for any primary or election, the superior court of the proper county may, upon the application of any elector of the county or municipality, require the superintendent to correct the mistake or omission or to show cause why he or she should not do so.

(Code 1933, § 34-1110, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2017, p. 2, § 1/HB 42; Ga. L. 2017, p. 697, § 14/HB 268; Ga. L. 2019, p. 7, § 17/HB 316.)

The 2017 amendments. The first 2017 amendment, effective February 23, 2017, added subsection (a); designated the existing provisions as subsection (b); and inserted "or in the programming of the display of the official ballot on DRE voting equipment" in the middle of subsection (b). The second 2017 amendment, effective July 1, 2017, made identical changes throughout this Code section and added the proviso at the end of subsection (a).

The 2019 amendment, effective April 2, 2019, inserted "or electronic ballot markers" in the middle of subsections (a) and (b) and substituted "24 hours'" for "24 hours" in the proviso of subsection (a).

Law reviews.

- For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 81 (2019).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 300, 301.

C.J.S.

- 29 C.J.S., Elections, § 285 et seq.


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