Overview

The canvassing and certification processes do have some legal protections built into them that can help to mitigate efforts by bad actors to undermine those processes. Some protections are more specific, like the Secretary of State’s authority to order a county to correct and recertify returns that are discovered to include an error. O.C.G.A. § 21-2-499(a). Others are more general, such as reporting the number of ballots cast at a precinct, as a means of transparency.

General Protections

Protections that are more generalized and systemic are included in this category. For example, training, public disclosures, and criminal penalties fall into this category.

Mandatory Training

All Election Superintendents, Chief Registrars, and Absentee Ballot Clerks, as well as Boards of Elections or Boards of Elections and Registration, or a designee of those boards, must complete a certification program approved by the Secretary of State within six months of being appointed to those positions. O.C.G.A. § 21-2-101(a). All personnel working at the tabulating center must be trained and certified to perform their respective duties. Ga. Comp. R. & Regs. r. 183-1-12-.17.

After an Election Superintendent has been provided notice and a hearing, the State Election Board can require that Election Superintendent to take “additional or remedial training,” and “limit, suspend, or revoke” the certification of that Election Superintendent if the Election Superintendent is found to have violated Georgia election laws, regulations, or orders issued by the State Election Board. O.C.G.A. § 21-2-101(e).

Public Disclosures

From Precincts

Each precinct must inform the Election Superintendent of how many ballots were cast and the number of provisional ballots cast “as soon as possible after” the polls close. The Election Superintendent will then post that information publicly. O.C.G.A. § 21-2-420(b).

From Counties

As soon as possible, but not later than 11:59 p.m. on Election Day, the Election Superintendent must provide a report, which must also be posted in a prominent and public place, to the Secretary of State that provides the following information:

Criminal Penalties

Interfering With Poll Officers

Interfering with a poll worker while they perform an official duty is a felony, and that applies to everyone — even other poll workers are not immune from prosecution if they interfere with another poll worker performing official duties. O.C.G.A. § 21-2-569.

Delays