§ 21-2-500 - Delivery of voting materials; presentation to grand jury in certain cases; preservation and destruction; destruction of unused ballots
               	 		
O.C.G.A.    21-2-500   (2010)
    21-2-500.    Delivery of voting materials; presentation to grand jury in  certain cases; preservation and destruction; destruction of unused  ballots 
      (a)  Immediately  upon completing the returns required by this article, in the case of  elections other than municipal elections, the superintendent shall  deliver in sealed containers to the clerk of the superior court or, if  designated by the clerk of the superior court, to the county records  manager or other office or officer under the jurisdiction of a county  governing authority which maintains or is responsible for records, as  provided in Code Section 50-18-99, the used and void ballots and the  stubs of all ballots used; one copy of the oaths of poll officers; and  one copy of each numbered list of voters, tally paper, voting machine  paper proof sheet, and return sheet involved in the primary or election.  In addition, the superintendent shall deliver copies of the voting  machine ballot labels, computer chips containing ballot tabulation  programs, copies of computer records of ballot design, and similar items  or an electronic record of the program by which votes are to be  recorded or tabulated, which is captured prior to the election, and  which is stored on some alternative medium such as a CD-ROM or floppy  disk simultaneously with the programming of the PROM or other memory  storage device. The clerk, county records manager, or the office or  officer designated by the clerk shall hold such ballots and other  documents under seal, unless otherwise directed by the superior court,  for at least 24 months, after which time they shall be presented to the  grand jury for inspection at its next meeting. Such ballots and other  documents shall be preserved in the office of the clerk, county records  manager, or officer designated by the clerk until the adjournment of  such grand jury, and then they may be destroyed, unless otherwise  provided by order of the superior court.
(b)  The  superintendent shall retain all unused ballots for 30 days after the  election or primary and, if no challenge or contest is filed prior to or  during that period that could require future use of such ballots, may  thereafter destroy such unused ballots. If a challenge or contest is  filed during that period that could require the use of such ballots,  they shall be retained until the final disposition of the challenge or  contest and, if remaining unused, may thereafter be destroyed.
(c)  Immediately  upon completing the returns required by this article, the municipal  superintendent shall deliver in sealed containers to the city clerk the  used and void ballots and the stubs of all ballots used; one copy of the  oaths of poll officers; and one copy of each numbered list of voters,  tally paper, voting machine paper proof sheet, and return sheet involved  in the primary or election. In addition, the municipal superintendent  shall deliver copies of the voting machine ballot labels, computer chips  containing ballot tabulation programs, copies of computer records of  ballot design, and similar items or an electronic record of the program  by which votes are to be recorded or tabulated, which is captured prior  to the election, and which is stored on some alternative medium such as a  CD-ROM or floppy disk simultaneously with the programming of the PROM  or other memory storage device. Such ballots and other documents shall  be preserved under seal in the office of the city clerk for at least 24  months; and then they may be destroyed unless otherwise provided by  order of the mayor and council if a contest has been filed or by court  order, provided that the electors list, voter's certificates, and  duplicate oaths of assisted electors shall be immediately returned by  the superintendent to the county or municipal registrar as appropriate.