In Georgia, the canvass is not a separate process, but instead occurs in conjunction with tabulation. Therefore, it begins as soon as polls close. See Tabulation for more details on how votes are counted and reviewed. **Once the final results are computed and canvassed — including the addition of write-in, absentee, and provisional ballots — and the required documents completed, the Election Supervisor will present the results to the County Board of Elections for a vote to certify (see certification below). Interview with a Paulding Cnty. official (Oct. 18, 2022).
The county canvass in Georgia is not severable from the counting process. Election Day ballots and absentee ballots not yet processed by 7 p.m on Election Day are tabulated at a central counting location. See O.C.G.A. § 21-2-493(a) (noting that “all absentee ballots received by the close of the polls,” which is usually 7 p.m., are to be “comput[ed] and canvass[ed]” at the Election Superintendent's “office or some other convenient public place at the county seat…”). The Election Superintendents oversee this process and may utilize the assistance of designees to ensure the count is undertaken with accuracy and integrity. O.C.G.A. § 21-2-493(a). The majority of in-person votes are cast on optical scanning machines, so for those votes, the count primarily consists of a data transfer via USB to the election management system. Ga. Comp. R. & Regs. rr. 183-1-12-.12(a)4, (b)7. The majority of absentee ballots and any emergency paper ballots used on Election Day are also read via scanner. Ga. Comp. R. & Regs. r. 183-1-12-.11(2)(b). However, a minority of these ballots cannot be read via these machines, so in that case a Vote Duplication Panel or Vote Review Panel may be used to ensure all validly cast ballots are included in the count.
During this canvassing process, if there is any apparent discrepancy or error the Election Superintendent may order a recounting of paper ballots to ensure the accuracy of returns, on motion from the Election Superintendent or any candidate or political party and for a particular precinct or multiple precincts. O.C.G.A. §§ 21-2-493(c), -495(a). Once the counting process is complete and these totals are “found to be correct or corrected,” they are added together with any already processed and tallied absentee ballots and early ballots, as well as any valid provisionals and recorded on a pre-designed form. O.C.G.A. § 21-2-493(k).
Prior to certification, Election Superintendents are required to conduct a risk limiting audit on one contest following any election that includes a presidential, U.S. Senate, or statewide race. O.C.G.A. §§ 21-2-498(b), (c)(1). This audit must include “all types of ballots” (e.g., advance voting, provisional ballots, absentee ballots, in-person voting on Election Day, etc.), and be conducted before the public. O.C.G.A. §§ 21-2-498(c)(2), (4). More information about risk limiting audits can be found here: Risk Limiting Audits.
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Note: See update on the latest legal news below.
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Georgia law is clear that the certification of election results is to be a ministerial task. This fact is written out in a general sense by Georgia statute: “[u]pon the completion of such computation and canvassing, the superintendent shall tabulate the figures for the entire county or municipality and sign, announce, and attest the same, as required…” O.C.G.A. § 21-2-493(a). If there happens to be any issues with tabulation along the way, the returns are corrected and “shall then be certified by the superintendent…” by 5 p.m. on the Monday following the election. O.C.G.A. § 21-2-493(k) (emphasis added). This year, Veterans Day falls on that Monday, so the deadline for certification is 5 p.m. on Tuesday, November 12, 2024.
The Georgia Supreme Court has already spoken on this matter and has stated unequivocally that canvassers
are given no discretionary power except to determine if the returns are in proper form and executed by the proper officials and to pronounce the mathematical result, unless additional authority is expressed. They can neither receive nor consider any extraneous information or evidence, but must look only to the contents of the election returns.
Thompson v. Talmadge, 201 Ga. at 877 (1947) (emphasis added). Almost as if the Court foresaw assertions that certification could be interpreted to be discretionary, it quoted language from one of its previous opinions with approval:
[i]t is settled beyond controversy that canvassers [cannot] go behind the returns. The returns provided for by law are the sole and exclusive evidence from which a canvassing board, or official, can ascertain and declare the result. The canvassers are not authorized to examine or consider papers or documents which are transmitted to them with the returns, or as returns, but which under the statutes do not constitute part of the returns. Neither are they at liberty to receive and consider extrinsic evidence, unless the official returns are destroyed before they are canvassed…
Thompson v. Talmadge, 201 Ga. at 878 (1947) (quoting Davis v. Warde, 155 Ga. 748, 777 (1923)). Finally, “[i]n declaring the result of the election,” those in charge of consolidating the results (i.e., the Election Superintendent) “are governed by the returns made by … local precincts as to the number of votes cast, and for whom cast…” Thompson v. Talmadge, 201 Ga. at 878 (1947). If the returns are all “in due form,” the canvassers “have no power to go behind them. Their duty is simply to count the votes of the several precincts as the same are shown in the certified returns, and declare the result.” Thompson v. Talmadge, 201 Ga. at 878 (1947).
Contrary to Georgia law and the settled precedent of the Georgia Supreme Court, a “trio of Republican partisans” that make up the majority of the Georgia State Election Board voted to change the definition of “certification.” “SEB Loosens Restrictions on Certification.” These election deniers made this decision despite objective and overwhelming explanations that the modification would violate Georgia law. See SEB Meeting on Aug. 6, 2024 at 7:20:31 and 7:27:47.