Case 1:17-cv-02989-AT Document 579 Filed 08/15/19 Page 17 of 153 by optical scan or hand count), 23 are conducted on DREs, and six are conducted with lever machines.14 Contrary to the State Defendants’ assertion that complete relief cannot be afforded without joinder of the municipalities, the Secretary of State is the chief election official. Georgia law confers primary authority on Georgia’s Secretary of State to manage Georgia’s electoral system. See O.C.G.A. § 21-2-50(b); see also Ga. Op. Att’y Gen. No. 2005-3 (Apr. 15, 2005) (“[I]it is clear that under both the Constitution and the laws of the State the Secretary is the state official with the power, duty, and authority to manage the state’s electoral system. . . .”). The Secretary of State and State Election Board also have significant statutory oversight authority to train local elections officials, set election standards, and investigate failures of local elections officials. See O.C.G.A. § 21-2-31; O.C.G.A. § 21-2-50(a)(11)). Section 21-2-50(a) of the Georgia election code prescribes the powers and duties of the Secretary of State, and requires the Secretary of State to “develop, program, build, and review ballots for use by counties and municipalities on voting systems in use in the state.” O.C.G.A. § 21-2-50(a)(15). Section 21-2-379.4(d) provides that “[t]he form and arrangement of ballots shall be prescribed by the Secretary of State and prepared by the election superintendent.” O.C.G.A. § 21-2-379.4. The undisputed evidence in this case is that the Secretary of State’s office (and in many or most instances its vendor The State Defendants are aware of at least four (4) municipalities that own their own DREs which will be used in the upcoming November 2019 municipal elections: Riverdale, Chickamauga, College Park, and Eatonton. (Doc. 537 at 2.) 14 17

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