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Georgia State Election Board adopts vote-definition and tabulation rules and opens ballot‑secrecy rulemaking
Summary
The Georgia State Election Board approved a definition saying the official vote must be recorded from the paper ballot (not exported electronic images), adopted a tabulation-reporting rule, and voted to begin rulemaking on ballot-secrecy protections amid disagreement over legal authority and timing before the November election.
The Georgia State Election Board on July 8, 2026, voted to adopt a new definition of what constitutes an official vote, approved a rule clarifying state tabulation and reporting practices, and sent a package of ballot‑secrecy provisions into the 30‑day rulemaking process.
The board approved language that the vote ‘‘shall be detected and tabulated directly from the paper ballot and not an electronic copy or image of the ballot exported from the certified voting system,’’ a change that members said is intended to ensure the official vote is the voter‑verifiable paper record rather than an exported image or barcode. Member Sally Grubbs, who sponsored the petitions, said the change is “pretty simple and straightforward” and aims to prevent counting from images that a voter cannot verify.
Why it matters: supporters said the definition and related rules protect voter secrecy and align official counting with what the voter actually marked; opponents warned the board could create conflicts with recent legislative extensions permitting QR‑code workflows and that imposing new requirements so close to the general election could burden counties.
Board debate centered on two issues: whether the rule defines the substantive nature of the vote or instead prescribes how tabulation must occur, and whether the State Election Board has statutory authority to require observer access or operational changes at the secretary of state’s centralized reporting facility. Vice Chair Janelle King said the board needs a uniform definition “so that when it is time to tabulate, they’ll know what can be tabulated and what cannot.” Director James Mills and others described the technical realities of precinct scanners, memory cards and central absentee scanning while acknowledging practical constraints in some counties.
The board also voted to approve a separate tabulating‑results rule intended to clarify centralized reporting, permit authorized poll‑watcher visual access during consolidation, and require county reporting formats to be reviewable contemporaneously. Proponents described this as a transparency measure for the state’s centralized reporting process; critics—citing a May 12 opinion from the attorney general’s office—said the board lacks authority to mandate access to the secretary of state’s operations and warned such a rule could expose counties to legal conflict.
Votes at a glance - Definition of vote (proposed amendment to Rule 183‑1‑15‑.02): Approved, vote announced as 3–1. - Tabulating results (Rule 183‑1‑12‑.12): Approved, 3–2. - Ballot‑secrecy provisions (selected paragraphs sent to rulemaking): Motion to initiate 30‑day rulemaking carried, 3–1.
Direct quotes and stakes - ‘‘Ballot secrecy is sacrosanct,’’ sponsor Sally Grubbs said as she argued for software updates and procedural changes to protect voter anonymity. - ‘‘We don’t want images of the memory card to then be counted,’’ Grubbs said, summarizing the proposal’s intent. - Vice Chair Janelle King expressed procedural caution: ‘‘I can’t support something that I think is going to create conflict for our counties’’ if it contradicts statute or leaves counties between competing instructions.
Next steps: Staff will prepare adopted language for publication and begin the notice‑and‑comment process for the ballot‑secrecy paragraphs. The board asked staff for assistance implementing the two passed rules and scheduled remaining rule discussions for the August meeting. Several members also urged follow‑up on legal authority and the AG letter that several speakers said constrained the board.
Context: Members referenced recent legislation (notably an extension affecting QR‑code tabulation options) and ongoing litigation and appeals that, according to some members, complicate whether the board may direct or require access to centralized reporting facilities. The board’s actions stop short of immediately altering county operations; the ballot‑secrecy items will move through the formal rulemaking process that includes public comment.
