Protecting Residents’ Ballots
Ballot harvesting is the non-secure method of collecting early voters’ ballots during elections with the stated intent of dropping them off to election offices or polling places.
While it is generally a crime to collect voted early ballots from another person, there are exceptions for caregivers, family members, and household members. Voters with qualifying disabilities “may receive assistance in preparing his or her ballot from any person of the elector’s choice,” subject to the disqualified categories of persons discussed above. O.C.G.A. § 21-2-385(b). However, “[t]he person rendering assistance to the elector in preparing the ballot shall sign the oath printed on the same envelope as the oath to be signed by the elector.” O.C.G.A. § 21-2-385(b).
It is important to note that the resident must request assistance with returning their ballot. If the resident did not make a request for assistance with returning the ballot, then assistance cannot be provided.
Residential communities can help protect their residents by:
- Creating systems – which are carefully monitored – to protect the chain of custody of absentee ballots.
- Discussing with your staff how to protect absentee ballots from ballot harvesters and create systems to protect your residents’ ballots to ensure they securely get to election authorities.
- Protecting your staff members from outside groups that offer financial compensation for ballot harvesting.
In 2022, an Arizona woman was sentenced to jail for ballot harvesting. https://www.theblaze.com/news/arizona-2020-election-voter-fraud-harvesting
The Georgia voting assistance legal guide can be requested (no cost) by emailing Laura.Williams@centerforvulnerablevoters.org. Additional training materials are available at www.centerforvulnerablevoters.org and the Center also provides in-person training upon request. <
Disclaimer: This information is being provided for educational purposes and should not be construed as legal advice. You should always consult an attorney before taking action to ensure that recent changes in law have not altered your obligations.
