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Georgia Delays QR Code Ban, Mandates Recounts for Close Elections

ATLANTA — Legislation signed by Governor Brian Kemp on Thursday postpones the ban on QR codes in Georgia’s voting machines, previously set for July 1, until January 1, 2028. This delay provides lawmakers additional time to implement new election procedures.

Senate Bill 3EX, approved on the final day of the special session, shifts the responsibility of recommending a new voting system from Secretary of State Brad Raffensperger to lawmakers. Raffensperger, who opposed former President Donald Trump’s claims that the 2020 election was fraudulent, has been criticized by GOP lawmakers for his stance on QR codes. He, in turn, criticized them for not selecting and funding an alternative system.

The legislation also introduces mandatory hand recounts for the top two statewide races when results fall within a 0.5% margin. Critics argue that this amendment, added late in the process, contains rushed and flawed wording. It currently states that the winner’s vote count in one of the top two races “shall be not more than one-half of 1 percent of the total votes which were cast in such qualified contest.”

The Coalition for Good Governance, which has long advocated against the use of QR codes in elections, expressed in a summary of SB 3EX that the bill effectively “outlawed” race results with margins exceeding 0.5%. They noted, “While the drafting error will almost certainly be corrected in a future legislative session, it serves as a cautionary example of what happens when complicated election legislation is drafted, negotiated, generally behind closed doors, and passed at breakneck speed, with the public and Democrats not permitted to see bill drafts until moments before votes were taken.”

The disputed language from Senate Bill 3EX, signed into law by Gov. Brian Kemp on Thursday, June 25, two days after the Georgia General Assembly passed it during a special session.

Despite general Democratic opposition, Sen. Josh McLaurin, D-Sandy Springs, supported the bill, trusting the Georgia Supreme Court to interpret the intent of the legislation if challenged. McLaurin, the Democratic nominee for lieutenant governor, was joined by three Senate Democrats, including Senate Minority Leader Harold Jones, II, D-Augusta.

Sixteen Democrats, including Sen. RaShaun Kemp, D-Atlanta, opposed the bill. Kemp expressed skepticism about court rulings in favor of Democrats, questioning, “What happens if Keisha Lance Bottoms comes up on top and it’s by 0.2%? I cannot support a bill that we already know has incorrect language in it.”

McLaurin accused his lieutenant governor opponent, Sen. Greg Dolezal, R-Cumming, of attempting to undermine the legislation in favor of QR code opponents. He described the bill as “a little clunky” but necessary to prevent chaos in the upcoming November elections. “There are election deniers in the hallway who are all saying the same thing: don’t fix the problem. … But dear God, we have to fix this problem,” McLaurin stated.

Senate President Pro Tem Larry Walker, III, R-Perry, defended Dolezal against allegations of sabotage, describing him as an “honest broker” and dismissing the claims as “patently false.”