Georgia new counting rule [View all]

https://sos.ga.gov/sites/default/files/2024-08/seb-notice_of_proposed_rulemaking_183_1_12_.12a5_hand_count.pdf
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My Comments
This new rule will do nothing but slow down election night processing. To take a manager and two other poll workers out of the evening closing tasks will impact the work schedule. Also, I believe that no precinct staff (mgr and two others) will want to count the ballots the next day at election headquarters.
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Highlighting done by poster

Rule 183-1-12-.12(a)(5)
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.
a. The decision about when to start the process described in this rule is up to the Poll
Manager or Assistant Poll Manager. This decision can be made at the end of Election
Day, or if a scanner possesses more than 750 ballots on Election Day, the Poll
Manager can choose to start the next day and finish during the week designated for
county certification. This decision should take into account factors such as staffing
requirements, fatigue, and concerns about efficiency and accuracy.
b. If the ballot counting is to take place after Election Day, the relevant ballots,
tabulation tapes, enumerated voter lists, and polling information shall be sealed in a
tamper-proof container and the number of the seal noted. The counting shall occur in
the County election office on the next business day following Election Day and must
conclude prior to any scheduled or announced post-election audits. The process must
be completed within the designated county certification period.
c. Counting will take place as mentioned in this rule. The process of opening, counting,
and resealing ballots must be conducted in the presence of the relevant poll manager
or assistant poll manager. These procedures must be conducted publicly to ensure
transparency.
d. If the counting of ballots takes place at any time or place other than the polling
location, the supervisor of elections must immediately communicate the date, time,
and place of such action with all candidates on the ballot and the county chair of both
major political parties no later than 10:00 pm on Election Day. The poll manager
shall post such information on the outside windows of the polling location together
with all other information required to be so posted.
Authority: O.C.G.A. §§ 21-2-483(a), 21-2-436, 21-2-420(a)