Overview

Vote Review Panels meet to adjudicate ballots where the intent of the voter may not be abundantly clear. O.C.G.A. § 21-2-483(g)(2)(A). This often happens when the voter selects more than one candidate for a single race, fails to fully color in a bubble, leaves stray or ambiguous marks, or in some other non-standard fashion indicates their intent for a vote. O.C.G.A. § 21-2-483(g)(1). Like a Duplication Panel, a Vote Review Panel can be convened as needed during both early vote processing and at the tabulation center on election night. The panel is composed of the Election Superintendent (or a designee), and one person appointed by the county executive committee of each political party that has a candidate on the ballot for the election in question. [1]

Election-Related Duties

The key duties of the Vote Review Panel are:

1. Reviewing the ballots. O.C.G.A. § 21-2-483); see also Ga. Comp. R. & Regs. r. 183-1-15-.02; Interview with a Paulding Cnty. official (Oct. 18, 2022).
2. Determining a voter’s intent on a ballot that was rejected by a tabulator, if possible, and including it in the canvass. O.C.G.A. § 21-2-483(g)(2)(A).
3. Sending ballots that the Panel cannot make a decision about to the Election Supervisor or County Board of Elections for a final determination. O.C.G.A. § 21-2-483(g)(2)(A); see also Ga. Comp. R. & Regs. r. 183-1-15-.02; Interview with a Paulding Cnty. official (Oct. 18, 2022).

Selection and Vacancy Information

• Ex Officio/Appointed:
  • In a partisan election, the Vote Review Panel is composed of the Election Superintendent (or a designee) and one person appointed by the county executive committee of each political party. If there is not an “organized county executive committee” for one of the political parties, an individual will be appointed by the state executive committee of that political party. O.C.G.A. § 21-2-483(g)(2)A).
  • Nonpartisan:
    • In a nonpartisan county election, the Vote Review Panel is composed of the Election Superintendent (or a designee) and two voters from the county who are appointed by the Chief Judge of the Superior Court of the county. O.C.G.A. § 21-2-483(g)(2)(A).
    • In a nonpartisan municipal election, the Vote Review Panel is composed of the Election Superintendent (or a designee) and two voters from the municipality who are appointed by the Chief Judge of the Superior Court of the county in which the municipality is located. [2] O.C.G.A. § 21-2-483(g)(2)(A).
• Tiebreaking: If there is a tie vote as to whether a voter’s “intent can can be determined,” the vote of the Election Superintendent (or his or her designee) breaks the tie. O.C.G.A. § 21-2-483(g)(2)(A).
• Qualifications: A member of the Vote Review Panel must be a United States citizen. O.C.G.A. § 21-2-78.
• Vacancy: **Without a separate rule explicitly stating how vacancies on a Vote Review Panel are to be handled, the most likely method for doing so would simply be to use the same method for normal appointments. O.C.G.A. § 21-2-483(g)(2)(B).

Footnotes