The Georgia Senate voted 36 to 16 on Tuesday to approve the House-amended version of SB 3EX, sending the election overhaul bill to Gov. Brian Kemp and ending a special legislative session called to address a July 1 deadline that would have ended the state’s use of QR codes to count ballots. The House passed the bill 94 to 79 earlier the same day. Sponsoring Sen. Max Burns, a Republican from Sylvania, described the package as a path to stability for the 2028 election cycle.
The legislation pushes the QR code deadline to January 2028, creates a new Election Equipment Specifications and Standards Committee to recommend a replacement voting system, and replaces a blanket hand-count mandate with a manual recount trigger in statewide races decided by 0.5% or less. The bill’s path through the General Assembly came after the Senate passed an earlier version 33 to 19 on Saturday, June 20. Georgia Democrats argue the hand recount trigger will sow doubt in November. The bill now goes to Kemp, whose signature would send most provisions into effect on Jan. 1, 2028.
The Deal That Closed the Special Session
The Senate’s 36 to 16 vote to concur with House changes came after a motion to add another amendment failed. With the vote done, the Senate adjourned, ending the special session that Gov. Kemp called in May. The session had been built around two priorities, redistricting and the QR code deadline, and only one produced legislation.
The earlier Saturday Senate passage, 33 to 19 along party lines, came after Democrats spent the weekend arguing that hand counts would slow certification in larger counties and invite election denialism if results diverged from machine tallies. The House then stripped the blanket hand-count requirement and inserted the 0.5% margin trigger before passing its version.
The bill’s recount rule kicks in for the state’s top statewide offices, including governor, lieutenant governor, secretary of state, attorney general, state school superintendent, and three other specified offices for insurance, agriculture, and labor. The requirement does not apply to federal races, including the presidency. Election officials must complete any ordered recount within 17 days for counties to receive state reimbursement of reasonable costs. Burns told reporters the package would not change how votes are counted in upcoming elections, saying “everything will remain exactly the same” until a new system is chosen.
- House final vote: 94-79 (Tuesday)
- Senate final vote: 36-16 (Tuesday)
- Senate first passage: 33-19 (Saturday)
- Committee report deadline: Jan. 31, 2027
- QR code deadline under bill: Jan. 1, 2028
- Hand recount trigger: 0.5% margin in statewide races
- Recount window: 17 days
- Local election funding in FY27 budget: $18 million
- Estimated equipment replacement cost: ~$66 million (Raffensperger 2025 estimate)
How SB 3EX Reshapes Georgia’s Voting System
The bill’s centerpiece is the Election Equipment Specifications and Standards Committee, a legislative-led body tasked with developing specifications, standards and requirements for a new uniform election system. Per the legislature’s SB 3EX bill summary, the committee would deliver a report by Jan. 31, 2027 covering appropriations, procurement, and implementation.
- Equipment committee: Creates the Election Equipment Specifications and Standards Committee to recommend a new uniform voting system
- Committee report deadline: Jan. 31, 2027
- Committee sunset: Repeals July 1, 2029
- QR code deadline: Pushed from July 1, 2026 to Jan. 1, 2028
- Hand recount trigger: Required in statewide races decided by 0.5% or less
- Offices covered: Governor, lt. governor, secretary of state, AG, state school superintendent, insurance, agriculture, labor
- Federal races: Excluded from the recount rule
- Recount window: Counties must complete recounts within 17 days for state reimbursement
- Secretary of State’s role: Procurement actions declared void and ultra vires
- Funding: $18 million added to FY27 budget for local election offices
The committee would study hand-marked paper ballots with ballot-on-demand printing, the same configuration the State Election Board voted to allow counties to use for the 2026 general election. The committee would repeal on July 1, 2029, by which point state lawmakers are supposed to have funded, bought, and implemented a replacement system. Burns called the committee a study panel and said he expected bipartisan participation, though Democrats on the Senate floor complained of being shut out of the process. A last-minute Democratic amendment to force minority representation on the panel failed before final passage.
The bill also rewrites the Secretary of State’s authority over the next voting system. It would limit the office’s role in selecting, certifying, and procuring equipment, and it would declare any procurement action taken by the secretary “void and ultra vires.” The committee could still request input from the elections director or Secretary of State staff by majority vote. Per the bill summary, SB 189’s QR code effective date moves to Jan. 1, 2028 in the same legislation.
Burns said lawmakers added $18 million in the fiscal year 2027 budget to help local election offices absorb any changes from the election package. Secretary of State Brad Raffensperger told lawmakers in 2025 that fully replacing the QR-code-based system would cost roughly $66 million, a sum the legislature has not appropriated.
The 0.5% Margin Hand Recount Trigger
The House version of the bill replaced the Senate’s blanket hand-count requirement with a narrow 0.5% margin trigger for statewide races. Under the change, a hand recount only happens when the difference between the top two candidates is at or below half of one percent. Federal races, including the presidential contest, are explicitly excluded.
I support the changes. I will tell you that that adds an additional level of assurance that our elections are accurate.
Burns, the bill’s Sylvania Republican sponsor, framed the change as an additional verification step for close races. The bill defines “qualified contests” subject to the new recount rule as the governor, lieutenant governor, secretary of state, attorney general, state school superintendent, and three other specified statewide offices for insurance, agriculture, and labor. Risk-limiting audits, the post-election statistical checks the bill also expands, keep the top-of-ballot races and add other selected contests to the existing selection rules. A how Georgia’s 2020 risk-limiting audit worked explainer from the Carter Center describes the methodology as a hand count of a statistically random sample of ballots checked against machine tallies.
The 0.5% threshold replaced the Senate’s original plan, which would have required hand recounts of the top two races in every election before certification. Democrats argued the broader trigger would slow certification and invite election denialism if results diverged from machine tallies. State Sen. Josh McLaurin, a Democrat, said the legislation was needed “to avoid a potential court fight tied to the deadline,” calling inaction “total chaos and uncertainty if this were to go to litigation.” The narrower version passed after days of tense debate between the chambers. The Senate’s earlier 33-19 Saturday passage required hand recounts of the top two races regardless of margin; the House removed that requirement before sending the bill back.
Democrats Warn of Chaos and Cost
Senate Minority Whip Kim Jackson, a Stone Mountain Democrat, said after the Saturday vote that “it sets us up for chaos and I actually believe that is the intention here.” Her criticism went further on the committee, telling reporters that “to have us completely shut out from this process [at] such an important moment in time is despicable and it’s fundamentally anti-democratic.” Jackson framed the bill as a Republican effort to contest an expected Democratic wave in November.
What we are experiencing is a Republican Senate who’s acting extraordinarily irresponsibly with Georgia’s elections and people’s votes.
State Rep. Saira Draper, a Democrat, condemned the Senate’s earlier bill as a partisan overreach on Georgia elections. Republicans argue hand counts add an extra verification step in tight contests. The 0.5% trigger covers the governor and seven other specified statewide offices, with federal races explicitly outside the recount rule. Critics say the hand recount provision could still delay certification and create confusion about results in larger counties.
The State Election Board voted earlier this month to allow counties to implement hand-marked paper ballots for the 2026 general election, contradicting guidance from the Secretary of State’s office. A last-minute Democratic amendment to force minority representation on the equipment committee failed before final passage. The bill adds new funding for local election offices.
Burns said lawmakers added $18 million in the FY27 budget to help local offices absorb changes from the election package. The roughly $66 million that Secretary of State Brad Raffensperger said the equipment switch would cost in 2025 has not been appropriated.
What the Special Session Left Undone
Redistricting was the other priority on Gov. Kemp’s call, but House Speaker Jon Burns pulled the plug on congressional and state legislative map redrawing an hour before the special session began on June 17, citing pending litigation over reapportionment. A property tax package that would have let local sales taxes rise to offset homeowner tax bills died on the chamber floor when Democrats held together as a unified blockade. The tax bill needed a two-thirds majority, which the GOP could not reach without Democratic votes.
Lt. Gov. Burt Jones, who pushed for the election package, said on social media that lawmakers “owe it to the voters that elected us to do our jobs.” The Senate’s Saturday vote fell along party lines, and the House vote on Tuesday also broke largely along partisan lines with some Democrats supporting the final version. If Kemp signs SB 3EX, the bill’s provisions would take effect on Jan. 1, 2028, leaving Georgia’s current QR-code ballot-marking devices in place through the 2026 midterm and a likely 2027 special congressional election. The Senate cleared a separate bill on redistricting maps on June 20 by a 33-19 party-line vote, but House Republican leaders declined to take it up.
Frequently Asked Questions
What does Georgia’s SB 3EX election bill do?
The bill creates the Election Equipment Specifications and Standards Committee, which must deliver a report by Jan. 31, 2027 recommending specifications, procurement, and funding for a new uniform voting system to be used beginning with the 2028 cycle. SB 3EX also moves the QR code deadline to Jan. 1, 2028, replaces a blanket hand-count mandate with a 0.5% margin trigger for statewide races, and limits the Secretary of State’s role in selecting new equipment.
Which races would the new hand recount rule cover?
The 0.5% trigger applies to a defined set of qualified contests that the bill lists as governor, lieutenant governor, secretary of state, attorney general, state school superintendent, and three other specified statewide offices for insurance, agriculture, and labor. Federal races, including the presidency, are explicitly outside the rule.
What happens to Georgia’s QR code ballots under the bill?
SB 3EX pushes the deadline to stop counting ballots by QR code from July 1, 2026 to Jan. 1, 2028, allowing the state’s current ballot-marking devices to remain in use through the 2026 midterm and a likely 2027 special congressional election. Secretary of State Brad Raffensperger told lawmakers in 2025 that replacing the system would cost roughly $66 million, which the legislature has not appropriated.
How did the Georgia legislature vote on SB 3EX?
The Georgia Senate first passed the bill 33-19 along party lines on Saturday, June 20. The House passed its amended version 94-79 on Tuesday, June 23, and the Senate voted 36-16 the same day to concur with the House changes. The bill now heads to Gov. Brian Kemp for his signature.
When would the bill go into effect if Kemp signs it?
If Kemp signs SB 3EX, most of its provisions would take effect on Jan. 1, 2028, leaving the current QR-code system in place through the 2026 midterm and a likely 2027 special congressional election.
