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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents