Title 21, Chapter 2, Section 324
( 21-2-324)
(a) Any person or organization owning, manufacturing, or selling, or
being interested in the manufacture or sale of, any voting machine
may request the Secretary of State to examine the machine. Any ten
or more electors of this state may, at any time, request the
Secretary of State to reexamine any voting machine previously
examined and approved by him or her. Before any such examination or
reexamination, the person, persons, or organization requesting such
examination or reexamination shall pay to the Secretary of State the
reasonable expenses of such examination; provided, however, that in
the case of a request by ten or more electors the examination fee
shall be $250.00. The Secretary of State may, at any time, in his
or her discretion, reexamine any voting machine. (b) The Secretary of State shall thereupon require such machine to
be examined or reexamined by three examiners whom he or she shall
appoint for the purpose, of whom one shall be an expert in patent
law and the other two shall be experts in mechanics, and shall
require of them a written report on such machine, attested by their
signatures; and the Secretary of State shall examine the machine and
shall make and file, together with the reports of the appointed
examiners, his or her own report, attested by his or her signature
and the seal of his or her office, stating whether, in his or her
opinion and in consideration of the reports of the examiners
aforesaid, the kind of machine so examined can be safely and
accurately used by electors at primaries and elections as provided
in this chapter. If his or her report states that the machine can be
so used, the machine shall be deemed approved; and machines of its
kind may be adopted for use at primaries and elections as provided
in this chapter. (c) No kind of voting machine not so approved shall be used at any
primary or election and if, upon the reexamination of any voting
machine previously approved, it shall appear that the machine so
reexamined can no longer be safely or accurately used by electors at
primaries or elections as provided in this chapter because of any
problem concerning its ability to accurately record or tabulate
votes, the approval of the same shall immediately be revoked by the
Secretary of State; and no such voting machine shall thereafter be
purchased for use or be used in this state. (d) At least ten days prior to any primary or election, including
special primaries, special elections, and referendum elections, the
election superintendent shall verify and certify in writing to the
Secretary of State that all voting will occur on equipment certified
by the Secretary of State. (e) Any vendor who completes a sale of voting machines that have not
been certified by the Secretary of State to a governmental body in
this state shall be subject to a penalty of $100,000.00, payable to
the State of Georgia, plus reimbursement of all costs and expenses
incurred by the governmental body in connection with the sale. The
State Election Board shall have authority to impose such penalty
upon a finding that such a sale has occurred. (f) When a machine has been so approved, no improvement or change
that does not impair its accuracy, efficiency, or capacity shall
render necessary a reexamination or reapproval of the machine or of
its kind.
(g) Neither the Secretary of State, nor any examiner appointed by
him or her for the purpose prescribed by this Code section, nor any
superintendent, nor the governing authority of any county or
municipality or a member of such authority, nor any other person
involved in the examination process shall have any pecuniary
interest in any voting machine or in the manufacture or sale
thereof. (h) The compensation of each examiner appointed under this Code
section shall be fixed and paid by the Secretary of State. |