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SB403 is not a “paper ballot” bill


(SB403 is a bill permitting more un-auditable electronic voting)
Key problems

• Current law already authorizes paper ballots counted by optical scanner. SB403
is unnecessary for using paper ballots counted by optical scanners.

• SB403 does not require paper ballots, but expands unverifiable electronic voting
to vote on touchscreens and cast barcodes for counting with no reliable paper
record of voter intent.

• SB403’s primary purpose is to permit (un-auditable) barcoded votes—the


opposite of voter-marked paper ballots.
o Georgia law currently requires that a vote must be cast by “ballot” and
official ballots must have certain information, such as all candidates,
parties, full ballot questions, etc. (Exhibit 1)
o SB403 would permit an “electronic ballot marker” system where voter
choices are coded into barcodes, and barcodes (not ballots) are cast
and counted. (Exhibit 2)
o Barcode cards contain votes that are counted using barcode reading
software. Humans cannot read the votes that they are casting. (Printed
human readable message list may not match the information in the
barcode.)
o Barcodes are hackable and malware and errors are undetectable.
o Barcode votes are not auditable for determining whether voter intent was
properly recorded.
o The printed message of voter’s selection is unreliable and is not recorded
by the voting system. (Exhibit 2)

• SB403 audit provisions are ineffective


o Meaningful audits cannot be conducted on votes cast by barcode, as
original voter intent is not reliably recorded.
o Audits, even ineffective ones, are not permitted until 2024 unless SOS
orders them.
o Even if errors are found in “audits of results,” the election code prevents
corrections from being made because votes can only be legally counted
from a real ballot. (There is no “ballot” after the voter uses the
touchscreen in this system.)

• Recounts are meaningless because they can be conducted by merely


rescanning the barcodes.

• Bill mandates centralized ballot and database programming, which is inferior


election security practice. Few other states do this as it is not considered safe
practice.

prepared by Marilyn Marks 3/3/18 Personal opinions, not on behalf of any organization.
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• Bill mandates uniform equipment in all counties, requiring all counties, regardless
of size and need, to use the same system. This is not generally considered best
practice in elections. Should be debated in public process.

• No official ballot of record is defined, making it debatable as to what record to


count in a controversy-- the barcode or the paper message list?

prepared by Marilyn Marks 3/3/18 Personal opinions, not on behalf of any organization.
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Exhibit 1

OFFICIAL ABSENTEE/PROVISIONAL/CHALLENGED BALLOT


OFFICIAL GENERAL ELECTION BALLOT
OF THE STATE OF GEORGIA
NOVEMBER 8, 2016
To vote, blacken the Oval ( ) next to the candidate of your choice. To vote for a person whose name is not on the ballot, manually WRITE his or her
name in the write-in section and blacken the Oval ( ) next to the write-in section. If you desire to vote YES or NO for a PROPOSED QUESTION, blacken
the corresponding Oval ( ). Use only blue or black pen or pencil.

Do not vote for more candidates than the number allowed for each specific office. Do not cross out or erase. If you erase or make other marks on the ballot
or tear the ballot, your vote may not count.

If you change your mind or make a mistake, you may return the ballot by writing “Spoiled” across the face of the ballot and return envelope. You may then
mail the spoiled ballot back to your county board of registrars, and you will be issued another official absentee ballot. Alternatively, you may surrender the
ballot to the poll manager of an early voting site within your county or the precinct to which you are assigned. You will then be permitted to vote a regular
ballot.

"I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an
act of voter fraud and is a felony under Georgia law." [OCGA 21-2-285(h) and 21-2-383(a)]

For U.S. Representative For State Senator


Notice to Voters in 115th Congress From the 33rd District
From the 6th Congressional (Vote for One)
This consolidated District of Georgia
(Vote for One) MICHAEL RHETT
sample ballot contains TOM PRICE
(Incumbent) Democrat

all races in Cobb (Incumbent) Republican

County, including some RODNEY STOOKSBURY Write-in


races that you may not Democrat
For State Senator
be eligible to vote on. From the 37th District

T
(Vote for One)
Write-in
Please check online for For U.S. Representative LINDSEY TIPPINS

O
your Personal Sample (Incumbent) Republican
in 115th Congress
Ballot From the 11th Congressional
District of Georgia
www.mvp.sos.ga.gov (Vote for One) Write-in
BARRY LOUDERMILK
(Incumbent) Republican
LL For State Senator
For President of the United From the 38th District
(Vote for One)
States DON WILSON
(Vote for One) Democrat
JAMES "J. W." MORROW, JR.
BA
Republican
DONALD J. TRUMP - President
MICHAEL R. PENCE - Vice President
Republican Write-in HORACENA TATE
(Incumbent) Democrat
For U.S. Representative
HILLARY CLINTON - President in 115th Congress
TIM KAINE - Vice President From the 13th Congressional
Democrat District of Georgia Write-in
(Vote for One) For State Representative in
E

GARY JOHNSON - President DAVID SCOTT the General Assembly


BILL WELD - Vice President (Incumbent) Democrat From the 34th District
Libertarian (Vote for One)
PL

Write-in BERT REEVES


(Incumbent) Republican
Write-in For State Senator
From the 6th District JUSTIN HOLSOMBACK
(Vote for One) Democrat
For United States Senate
M

(Vote for One) HUNTER HILL


(Incumbent) Republican
JOHNNY ISAKSON Write-in
(Incumbent) Republican
JAHA HOWARD For State Representative in
Democrat
SA

JIM BARKSDALE the General Assembly


Democrat From the 35th District
(Vote for One)
ALLEN BUCKLEY Write-in
Libertarian
For State Senator ED SETZLER
(Incumbent) Republican
From the 14th District
(Vote for One)
Write-in
For Public Service BRUCE THOMPSON Write-in
(Incumbent) Republican
Commissioner
(To Succeed Tim Echols) For State Representative in
(Vote for One) the General Assembly
TIM ECHOLS From the 36th District
Write-in (Vote for One)
(Incumbent) Republican
For State Senator
ERIC HOSKINS From the 32nd District EARL EHRHART
Libertarian (Vote for One) (Incumbent) Republican

JUDSON HILL
(Incumbent) Republican
Write-in Write-in

Write-in
CONTINUE VOTING
prepared by Marilyn Marks 3/3/18 Personal opinions, not on behalf of any organization.
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For State For State For Sheriff For Cobb County


Representative in the Representative in the (Vote for One) School Board District 3
General Assembly General Assembly Term 4 Years
NEIL WARREN
From the 37th District From the 44th District (Incumbent) Republican (Vote for One)
(Vote for One) (Vote for One)
SAM TEASLEY DON L. PARSONS GREGORY B. GILSTRAP DAVID L. MORGAN
(Incumbent) Republican (Incumbent) Republican Democrat (Incumbent) Democrat

BILL BOLTON
Democrat
Write-in Write-in Write-in
For State For Tax Commissioner For Cobb County
Representative in the (Vote for One) School Board District 5
Write-in
General Assembly Term 4 Years
For State CARLA JACKSON
From the 45th District (Incumbent) Republican (Vote for One)
Representative in the (Vote for One)
General Assembly
MATT DOLLAR DAVID BANKS
From the 38th District (Incumbent) Republican (Incumbent) Republican
(Vote for One) Write-in
DAVID WILKERSON For Surveyor
(Incumbent) Democrat
(Vote for One)
Write-in Write-in
For State DONALD L. PERRYMAN For Cobb County
(Incumbent) Republican
Representative in the School Board District 7
Write-in
General Assembly Term 4 Years
For State From the 46th District (Vote for One)
Representative in the (Vote for One) Write-in
General Assembly
JOHN CARSON For Chief Magistrate BRAD WHEELER
From the 39th District (Incumbent) Republican (Incumbent) Republican
(Vote for One) (Vote for One)
ERICA THOMAS JOYETTE HOLMES

T
(Incumbent) Democrat (Incumbent) Republican
Write-in Write-in
For State For Cobb County Soil

O
Representative in the and Water
Write-in Write-in
General Assembly Conservation District
For State From the 53rd District For Clerk of State Supervisor
Representative in the (Vote for One) Court of Cobb County (Vote for Two)
General Assembly
From the 40th District
SHEILA JONES
(Incumbent) Democrat
LL
(Vote for One)
DONALD AYRES
(Incumbent)
(Vote for One) ANGIE T. DAVIS
(Incumbent) Republican
RICH GOLICK ROBIN C. BISHOP, Chief ROBERT L. HOSACK, JR.
Deputy
(Incumbent) Republican
Write-in
BA

ERICK E. ALLEN For State Write-in


Democrat
Representative in the
For Chairman Write-in
General Assembly
Board of
From the 61st District
(Vote for One) Commissioners
Write-in (Vote for One) Write-in
For State ROGER BRUCE
(Incumbent) Democrat
PROPOSED
Representative in the MIKE BOYCE CONSTITUTIONAL
E

General Assembly Republican


AMENDMENTS
From the 41st District
(Vote for One) Write-in -1-
MICHAEL SMITH
PL

For District Attorney Write-in


(Incumbent) Democrat Provides greater
of the Cobb Judicial For Cobb County
Circuit flexibility and state
Commissioner accountability to fix
(Vote for One)
District 2
Write-in (Vote for One)
failing schools through
For State VIC REYNOLDS increasing community
(Incumbent) Republican
M

Representative in the BOB OTT involvement.


General Assembly (Incumbent) Republican
From the 42nd District Senate Resolution No. 287
(Vote for One) Act No. 309
Write-in Ga. L. 2015, p. 1498
SA

MATT VAUGHN For Judge of the Write-in


Republican "Shall the Constitution of Georgia
Probate Court For Cobb County be amended to allow the state to
(Vote for One) intervene in chronically failing
STACEY EVANS Commissioner
(Incumbent) Democrat public schools in order to improve
KELLI L. WOLK District 4 student performance?"
(Incumbent) Republican (Vote for One)
YES

Write-in LISA N. CUPID NO


(Incumbent) Democrat
For State Write-in
Representative in the
For Clerk of Superior
General Assembly
Court Write-in
From the 43rd District
(Vote for One)
(Vote for One) For Cobb County
SHARON COOPER REBECCA KEATON School Board District 1
(Incumbent) Republican (Incumbent) Republican Term 4 Years
(Vote for One)

Write-in Write-in RANDY SCAMIHORN


(Incumbent) Republican

Write-in

CONTINUE VOTING
prepared by Marilyn Marks 3/3/18 Personal opinions, not on behalf of any organization.
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PROPOSED -4-
CONSTITUTIONAL
Dedicates revenue from existing
AMENDMENTS
taxes on fireworks to trauma
-2- care, fire services, and public
safety.
Authorizes penalties for sexual
exploitation and assessments Senate Resolution No. 558
Act No. 530
on adult entertainment to fund Ga. L. 2016, p. 895
child victims' services.
"Shall the Constitution of Georgia be amended so
Senate Resolution No. 7 as to provide that the proceeds of excise taxes
Act No. 306 on the sale of fireworks or consumer fireworks be
dedicated to the funding of trauma care,
Ga. L. 2015, p. 1497
firefighter equipping and training, and local public
safety purposes?"
"Shall the Constitution of Georgia be amended to
allow additional penalties for criminal cases in YES
which a person is adjudged guilty of keeping a
place of prostitution, pimping, pandering, NO
pandering by compulsion, solicitation of sodomy,
masturbation for hire, trafficking of persons for MARIETTA
sexual servitude, or sexual exploitation of
children and to allow assessments on adult
SPECIAL ELECTION
entertainment establishments to fund the Safe
Harbor for Sexually Exploited Children Fund to Non-Binding Referendum
pay for care and rehabilitative and social services Term Limits
for individuals in this state who have been or may (Vote for One)
be sexually exploited?"
Should the Mayor and City Council for the City of
YES
Marietta request that the Georgia General
NO Assembly for the State of Georgia amend the

T
Charter for the City of Marietta to set forth term
-3- limits for the members of the elected body of the
offices of the Mayor and City Council for the City
of Marietta so that the term limits for the office of

O
Reforms and re-establishes the Mayor would be three consecutive terms and the
Judicial Qualifications term limits for the members of the Marietta City
Council would be three consecutive terms
Commission and provides for its commencing with the municipal elections of
composition, governance, and
powers. January, 2018?
LL
November, 2017 for terms of office commencing

YES
House Resolution No. 1113
Act No. 537 NO
Ga. L. 2016, p. 896
BA

"Shall the Constitution of Georgia be amended so


as to abolish the existing Judicial Qualifications
Commission; require the General Assembly to
create and provide by general law for the
composition, manner of appointment, and
governance of a new Judicial Qualifications
Commission, with such commission having the
power to discipline, remove, and cause
involuntary retirement of judges; require the
E

Judicial Qualifications Commission to have


procedures that provide for due process of law
and review by the Supreme Court of its advisory
opinions; and allow the Judicial Qualifications
PL

Commission to be open to the public in some


manner?"
YES
NO
M
SA

prepared by Marilyn Marks 3/3/18 Personal opinions, not on behalf of any organization.
Mock up of ExpressVote-type "ballot card Exhibit 2
6/6
Cobb County General Election. (Mockup)
November 8, 2016
Barcodes contain the votes
to be cast

President of US………………………………Johnson Printed message to voters--


List of selections made on
touchscreen.
US Senator ………………………………….Isakson
Scanner does not read this.
Public Service Comm. …………………….Hoskins

6th District House of Rep…………………..Price

State Senate SD14………………………..Thompson

State House of Rep. HD35 ……………….Setzler

District Attorney ……………………………Reynolds

Judge of Probate Court……………………Wolk

Clerk of Superior Court…………………….Keaton

Sheriff………………………………………..Gilstrap

Tax Commissioner………………………..Jackson

Surveyor……………………………………Perryman

Chief Magistrate……………………………Holmes

Clerk of State Court………………………..Davis

Chairman Bd of Commissioners …………No Selection

Cobb County Comm. Dist.2 ……………....Ott

Const. Amend #1……………….…………..YES

Const. Amend. #2…………………………..No Selection

Const. Amend. #3…………………………..YES

Const. Amend #4……………………………YES

Marietta Non-binding Ref. Term Limits….No


prepared by Marilyn Marks 3/3/18 Personal opinions, not on behalf of any organization.

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