HB 549 - Elections; early voting provisions
Georgia House of Representatives - 1995/1996 Sessions
HB 549 - Elections; early voting provisions
1. Campbell 42nd
House Comm: GAff / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
----------------------------------------
House Action Senate
----------------------------------------
2/2/95 Read 1st Time
2/3/95 Read 2nd Time
----------------------------------------
Code Sections amended:
HB 549 LC 19 2209
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 21 of the Official Code of Georgia Annotated,
1- 2 relating to elections, so as to provide for early voting; to
1- 3 provide for the conditions and circumstances under which a
1- 4 voter may vote early; to provide for definitions; to provide
1- 5 for comprehensive early voting procedures and practices; to
1- 6 provide for applications; to provide for early and special
1- 7 write-in ballots, envelopes, and all election supplies; to
1- 8 provide for powers, duties, authority, and responsibilities
1- 9 of election officials in connection with early voting; to
1-10 provide for voter assistance; to provide for the processing,
1-11 handling, safekeeping, and certification of ballots; to
1-12 provide that early voting shall be in lieu of absentee
1-13 voting; to provide for conforming changes to certain
1-14 election statutes referencing absentee voting; to amend
1-15 Title 31 of the Official Code of Georgia Annotated, relating
1-16 to health, Title 36 of the Official Code of Georgia
1-17 Annotated, relating to local government, and Title 37 of the
1-18 Official Code of Georgia Annotated, relating to mental
1-19 health, so as to provide for conforming changes to certain
1-20 provisions referencing absentee voting; to provide for other
1-21 matters relative to the foregoing; to repeal conflicting
1-22 laws; and for other purposes.
1-23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-24 Title 21 of the Official Code of Georgia Annotated, relating
1-25 to elections, is amended by striking subsection (b) of Code
1-26 Section 21-2-40, relating to creation of boards of elections
1-27 and boards of elections and registration, and inserting in
1-28 its place a new subsection (b) to read as follows:
1-29 "(b) The General Assembly may by local Act create a board
1-30 of elections and registration in any county of this state
1-31 and empower the board with the powers and duties of the
1-32 election superintendent relating to the conduct of
1-33 primaries and elections and with the powers and duties of
-1- (Index)
LC 19 2209
2- 1 the board of registrars relating to the registration of
2- 2 voters and absentee early balloting procedures."
SECTION 2.
2- 3 Said title is further amended by striking paragraph (5) of
2- 4 Code Section 21-2-50, relating to powers and duties of the
2- 5 Secretary of State, and inserting in its place a new
2- 6 paragraph (5) to read as follows:
2- 7 "(5) To furnish to the proper superintendent all blank
2- 8 forms, including tally and return sheets, numbered lists
2- 9 of voters, cards of instructions, notices of penalties,
2-10 instructions for marking ballots, tally sheets, precinct
2-11 returns, recap sheets, consolidated returns, oaths of
2-12 managers and clerks, oaths of assisted electors, voters
2-13 certificates and binders, applications for absentee
2-14 early ballots, envelopes and instruction sheets for
2-15 absentee early ballots, and such other supplies as the
2-16 Secretary of State shall deem necessary and advisable
2-17 from time to time, for use in all elections and
2-18 primaries. Such forms shall have printed thereon
2-19 appropriate instructions for their use;".
SECTION 3.
2-20 Said title is further amended by striking subsection (e) of
2-21 Code Section 21-2-216, relating to voter qualifications, and
2-22 inserting in its place a new subsection (e) to read as
2-23 follows:
2-24 "(e) If any citizen of this state begins residence in
2-25 another state after the thirtieth day next preceding any
2-26 election for President and Vice President and, for that
2-27 reason, does not satisfy the registration requirements of
2-28 that state, such citizen shall be allowed to vote for
2-29 presidential and vice presidential electors, in that
2-30 election, in person in this state if such citizen
2-31 satisfied, as of the date of such citizen's change of
2-32 residence, the requirements to vote in this state, or by
2-33 absentee early ballot in this state if such citizen
2-34 satisfies, but for such citizen's nonresident status and
2-35 the reason for such citizen's absence, the requirements
2-36 for absentee early voting in this state."
SECTION 4.
2-37 Said title is further amended by striking subsection (c) of
2-38 Code Section 21-2-218, relating to registration and the
-2- (Index)
LC 19 2209
3- 1 change of an elector's residence, and inserting in its place
3- 2 a new subsection (c) to read as follows:
3- 3 "(c) In the event that an elector moves to a residence
3- 4 within the county and has a different address from the
3- 5 address contained on the person's registration card, it
3- 6 shall be the duty of such elector to notify the board of
3- 7 registrars of such fact at least 30 days prior to the
3- 8 primary or election in which such elector wishes to vote
3- 9 by submitting the change of address in writing. The board
3-10 of registrars shall then correct the elector's record to
3-11 reflect the change of address and place the elector in the
3-12 proper precinct and voting districts. The board of
3-13 registrars may accept a properly submitted application for
3-14 an absentee early ballot for this purpose for electors who
3-15 move to an address within the county which is different
3-16 from the address contained on the person's registration
3-17 card."
SECTION 5.
3-18 Said title is further amended by striking subsection (d) of
3-19 Code Section 21-2-219, relating to registration, and
3-20 inserting in its place a new subsection (d) to read as
3-21 follows:
3-22 "(d) A properly executed registration card submitted under
3-23 the provisions of subsection (b) of this Code section, if
3-24 submitted within 180 days of a primary or election in
3-25 which the registrant is entitled to vote, shall be
3-26 considered to be an application for an absentee early
3-27 ballot under Code Section 21-2-381 21-2-383, or a special
3-28 absentee write-in ballot under Code Section 21-2-381.1
3-29 21-2-383, as appropriate."
SECTION 6.
3-30 Said title is further amended by striking subsections (b),
3-31 (e), and (g) of Code Section 21-2-230, relating to
3-32 challenges to the right to vote, and inserting in their
3-33 place new subsections (b), (e), and (g), respectively, to
3-34 read as follows:
3-35 "(b) Upon the filing of such challenge, the county board
3-36 of registrars shall immediately consider such challenge
3-37 and determine whether probable cause exists to sustain
3-38 such challenge. If the registrars do not find probable
3-39 cause, the challenge shall be denied. If the registrars
3-40 find probable cause, the registrars shall notify the poll
-3- (Index)
LC 19 2209
4- 1 officers of the challenged elector's precinct or, if the
4- 2 challenged elector voted by absentee early ballot, notify
4- 3 the poll officers at the absentee early ballot precinct
4- 4 and, if practical, notify the challenged elector and
4- 5 afford such elector an opportunity to answer."
4- 6 "(e) If the challenged elector cast an absentee early
4- 7 ballot and it is not practical to conduct a hearing prior
4- 8 to the close of the polls and the challenge is based upon
4- 9 grounds other than the qualifications of the elector to
4-10 remain on the list of electors, the absentee early ballot
4-11 shall be treated as a challenged ballot pursuant to
4-12 subsection (d) (c) of Code Section 21-2-386 21-2-385. No
4-13 further action by the registrars shall be required."
4-14 "(g) If the challenged elector cast an absentee early
4-15 ballot and the challenge is based upon grounds that the
4-16 challenged elector is not qualified to remain on the list
4-17 of electors, the board of registrars shall proceed to
4-18 conduct a hearing on the challenge on an expedited basis
4-19 prior to the certification of the consolidated returns of
4-20 the election by the election superintendent. The election
4-21 superintendent shall not certify such consolidated returns
4-22 until such hearing is complete and the registrars have
4-23 rendered their decision on the challenge. If the
4-24 registrars deny the challenge, the superintendent shall
4-25 proceed to certify the consolidated returns. If the
4-26 registrars uphold the challenge, the name of the
4-27 challenged elector shall be removed from the list of
4-28 electors and the ballot of the challenged elector shall be
4-29 rejected and not counted and, if necessary, the returns
4-30 shall be adjusted to remove any votes cast by such
4-31 elector. The elector making the challenge and the
4-32 challenged elector may appeal the decision of the
4-33 registrars in the same manner as provided in subsection
4-34 (e) of Code Section 21-2-229."
SECTION 7.
4-35 Said title is further amended by striking Code Section
4-36 21-2-287, relating to form of absentee ballots, and
4-37 inserting in its place a new Code Section 21-2-287 to read
4-38 as follows:
4-39 "21-2-287. (Index)
4-40 The form for the absentee early ballot shall be in
4-41 substantially the same form as the official ballots used
-4- (Index)
LC 19 2209
5- 1 in the precincts, except it shall be printed with only the
5- 2 name stub and without a number strip."
SECTION 8.
5- 3 Said title is further amended by striking Article 10 of
5- 4 Chapter 2, relating to absentee voting, and inserting in its
5- 5 place a new Article 10, relating to early voting, to read as
5- 6 follows:
"ARTICLE 10
5- 7 21-2-380. (Index)
5- 8 As used in this article, the term 'early voter' means an
5- 9 elector of this state who:
5-10 (1) For any reason, desires to vote in person in
5-11 accordance with this article prior to the date of a
5-12 primary or election;
5-13 (2) Will be absent from the county during the entire
5-14 time during which early ballots are available for voting
5-15 early in person and will be absent from the county on
5-16 the day of the primary or election in which such elector
5-17 desires to vote the entire time the polls are open; or
5-18 (3) Because of physical disability, will not be able to
5-19 vote early in person or be present at the polls on the
5-20 day of the primary or election in which such elector
5-21 desires to vote.
5-22 21-2-381. (Index)
5-23 (a) The superintendent shall, as soon as practical prior
5-24 to each primary or election, but at least 45 days prior to
5-25 any general primary or general election, prepare or obtain
5-26 and deliver an adequate supply of official early ballots,
5-27 special write-in ballots, envelopes, and other supplies as
5-28 required by this article to the board of registrars for
5-29 use in the primary or election.
5-30 (b) Ballots for use by early voters shall be marked
5-31 'Official Early Ballot' and shall be in the form required
5-32 by Article 8 of this chapter, except that in counties
5-33 using vote recorders the ballots shall be in substantially
5-34 the form for ballot labels required by Article 9 of this
5-35 chapter so as to permit the ballot to be machine
5-36 tabulated. Special write-in ballots shall be for
5-37 presidential electors and United States senator or
5-38 representative in Congress and shall permit the elector to
-5- (Index)
LC 19 2209
6- 1 vote by writing in a party preference for each office, the
6- 2 names of specific candidates for each office, or the name
6- 3 of the person whom the voter prefers for each office. The
6- 4 special write-in ballot shall be available for the
6- 5 November general election only. Voting machines shall not
6- 6 be used for early voting. The Secretary of State shall
6- 7 determine and prescribe the form for all early ballots and
6- 8 special write-in ballots.
6- 9 (c) The superintendent shall provide two envelopes for
6-10 each official early ballot of such size and shape as shall
6-11 be determined by the Secretary of State in order to permit
6-12 the placing of one within the other. On the smaller of
6-13 the two envelopes, which shall be called the 'ballot
6-14 envelope,' shall be printed the words 'Official Early
6-15 Ballot' and nothing else. On the back of the larger of
6-16 the two envelopes, which shall be called the 'oath
6-17 envelope,' shall be printed the form of the oath of the
6-18 elector and the oath for persons assisting electors, as
6-19 provided for in Code Section 21-2-409, and the penalties
6-20 provided for in Code Sections 21-2-568, 21-2-573,
6-21 21-2-579, and 21-2-598 and on the face thereof shall be
6-22 printed the name and address of the board of registrars.
6-23 In addition, the superintendent shall provide a sufficient
6-24 number of mailing envelopes of a size and shape as shall
6-25 be determined by the Secretary of State in order to permit
6-26 the placing of the ballot; the ballot envelope; the oath
6-27 envelope; the instructions for the manner of preparing and
6-28 returning the ballot, the form and substance of which
6-29 shall be determined by the Secretary of State; and
6-30 supplies needed to vote the ballot, if any.
6-31 (d) The oaths referred to in subsection (c) of this Code
6-32 section shall be in substantially the following form:
6-33 I, the undersigned, do swear (or affirm) that I am a
6-34 citizen of the United States and of the State of
6-35 Georgia; that my residence address is __________ County,
6-36 Georgia; that I possess the qualifications of an elector
6-37 required by the laws of the State of Georgia; that I am
6-38 entitled to vote in the precinct containing my residence
6-39 in the primary or election in which this ballot is to be
6-40 cast; that I am eligible to vote by early ballot; that I
6-41 have not voted and will not vote any other early ballot
6-42 in such primary or election nor shall I vote therein in
6-43 person at the polls; and that I have read and understand
6-44 the instructions accompanying this ballot and I have
-6- (Index)
LC 19 2209
7- 1 carefully complied with such instructions in completing
7- 2 this ballot.
7- 3 ___________________ ________________________
7- 4 Elector's Residence Elector's Place of Birth
7- 5 Address
7- 6 ________________ ________________
7- 7 Maiden Name of Month and Day of
7- 8 Elector's Mother Elector's Birth
____________________
Signature or Mark of
Elector
7- 9 Oath of Person Assisting Elector (if any):
7-10 I, the undersigned, do swear (or affirm) that I assisted
7-11 the above-named elector in marking and completing such
7-12 elector's early ballot as such elector personally
7-13 communicated such elector's preference to me; that I am
7-14 satisfied that such elector presently possesses the
7-15 disability noted below; and that by reason of such
7-16 disability such elector is entitled to receive
7-17 assistance in voting under the provisions of subsection
7-18 (a) of Code Section 21-2-409.
7-19 This, the ______ day of _________________, 19__.
___________________
Signature of Person
Assisting Elector
__________________________
Relationship of Person
Assisting Elector (if any)
7-20 Reason for assistance (Check appropriate square):
7-21 ( ) Elector is unable to read the English language.
7-22 ( ) Elector has the following physical disability
7-23 (list the specific disability which caused the
7-24 elector to require assistance in voting):
7-25 _____________.
7-26 The forms upon which such oaths are printed shall contain
7-27 the following information:
7-28 Georgia law provides, in subsection (b) of Code Section
7-29 21-2-409, that no person shall assist more than ten
7-30 electors in any primary or election.
-7- (Index)
LC 19 2209
8- 1 Georgia law further provides that any person who
8- 2 illegally votes by early ballot or who illegally gives
8- 3 or receives assistance in voting, as specified in Code
8- 4 Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty
8- 5 of a misdemeanor.
8- 6 21-2-382. (Index)
8- 7 (a) After the official early ballots are delivered to the
8- 8 board of registrars, any early voter may vote an early
8- 9 ballot by appearing at the main office of the board of
8-10 registrars or at any other such location within the county
8-11 as may be designated by the board of registrars for the
8-12 purpose of early voting and completing an early voter's
8-13 certificate and presenting such certificate to the
8-14 registrars. The registrars shall examine the voter's
8-15 certificate and determine if the early voter is entitled
8-16 to vote. Upon determining that the early voter is
8-17 entitled to vote, the registrar shall initial the voter's
8-18 certificate, record the name of the early voter on the
8-19 numbered list of early voters for the early voter's
8-20 precinct in the order of voting, record the number of the
8-21 stub of the ballot issued to the early voter, issue the
8-22 ballot to the early voter, and insert the voter's
8-23 certificate in the binder provided therefor.
8-24 (b) If an early voter was unable to sign such early
8-25 voter's name at the time of registration or if, having
8-26 been able to sign such early voter's name when registered,
8-27 such early voter shall have become, through physical
8-28 disability, unable to sign such early voter's name when
8-29 such early voter applies to vote, such early voter shall
8-30 establish such early voter's identity to the satisfaction
8-31 of the registrars; and in such case such early voter shall
8-32 not be required to sign a voter's certificate, but a
8-33 certificate shall be prepared for such early voter by a
8-34 registrar, upon which the facts of the disability shall be
8-35 noted and attested by the signature of such registrar.
8-36 (c) The form of the voter's certificate for use by early
8-37 voters shall be determined by the Secretary of State and
8-38 shall be in substantially the same form as the voter's
8-39 certificate specified in Code Section 21-2-402.
8-40 (d) Upon being issued an early ballot, the early voter
8-41 shall then and there vote the early ballot within the
8-42 confines of the main office of the board of registrars or
8-43 at such other location within the county as may be
-8- (Index)
LC 19 2209
9- 1 designated by the board of registrars for the purpose of
9- 2 early voting. The registrars shall furnish accommodations
9- 3 to the early voter to ensure the privacy of the early
9- 4 voter while voting the ballot. After voting the ballot,
9- 5 the early voter shall fold the ballot as necessary and
9- 6 enclose and securely seal the ballot in the ballot
9- 7 envelope on which is printed the words 'Official Early
9- 8 Ballot.' The sealed ballot envelope shall then be placed
9- 9 inside the oath envelope and securely sealed. The early
9-10 voter shall then fill out, subscribe, and swear to the
9-11 oath printed on such envelope. If the early voter
9-12 received assistance in preparing the ballot, the person
9-13 rendering assistance to the early voter shall fill out,
9-14 subscribe, and swear to the oath of assistance printed on
9-15 the same envelope as the early voter's oath. The ballot
9-16 so enclosed in such envelopes shall then be placed in a
9-17 locked ballot box provided by the registrars for such
9-18 ballots.
9-19 (e) A physically disabled or illiterate early voter may
9-20 receive assistance in preparing such early voter's ballot
9-21 from one of the following: any elector who is qualified
9-22 to vote in the same county as the disabled or illiterate
9-23 early voter or the mother, father, grandparent, aunt,
9-24 uncle, brother, sister, spouse, son, daughter, niece,
9-25 nephew, grandchild, son-in-law, daughter-in-law,
9-26 mother-in-law, father-in-law, brother-in-law, or
9-27 sister-in-law of the disabled or illiterate early voter.
9-28 No person shall assist more than ten electors in any
9-29 primary, election, or runoff.
9-30 21-2-383. (Index)
9-31 (a) Not more than 180 days prior to the date of the
9-32 primary or election, or runoff of either, an early voter,
9-33 as defined in paragraphs (2) and (3) of Code Section
9-34 21-2-380, may make an application to the board of
9-35 registrars of the county of the early voter's residence
9-36 for an official early ballot of such early voter's
9-37 precinct to be voted at such primary, election, or runoff
9-38 to be mailed to such early voter. In addition,
9-39 applications for early ballots for such early voters may
9-40 be made, upon satisfactory proof of relationship, by such
9-41 early voter's mother, father, grandparent, aunt, uncle,
9-42 sister, brother, spouse, son, daughter, niece, nephew,
9-43 grandchild, son-in-law, daughter-in-law, mother-in-law,
9-44 father-in-law, brother-in-law, or sister-in-law of the age
-9- (Index)
LC 19 2209
10- 1 of 18 or over. Such applications may be made by mail, by
10- 2 facsimile transmission, or in person at the registrars'
10- 3 office.
10- 4 (b) Such applications shall be in writing and shall
10- 5 contain the following:
10- 6 (1) Sufficient information for proper identification of
10- 7 the early voter;
10- 8 (2) The address to which the early ballot is to be
10- 9 mailed;
10-10 (3) The identity of the primary, election, or runoff in
10-11 which the early voter desires to vote;
10-12 (4) The name and relationship of the person requesting
10-13 the ballot on behalf of the early voter, if any;
10-14 (5) If an early voter as defined in paragraph (2) of
10-15 Code Section 21-2-380, a statement that the early voter
10-16 will be absent from the county during the entire time
10-17 during which early ballots are available for voting
10-18 early in person and that the early voter will be absent
10-19 from the county on the day of the primary or election in
10-20 which such early voter desires to vote the entire time
10-21 the polls are open;
10-22 (6) If an early voter as defined in paragraph (3) of
10-23 Code Section 21-2-380, a statement that the early voter
10-24 will not be able to vote early in person or be present
10-25 at the polls on the day of the primary or election in
10-26 which the early voter desires to vote because of
10-27 physical disability and a statement of the nature of the
10-28 physical disability; and
10-29 (7) If requesting a special write-in ballot, a statement
10-30 that the early voter is unable to vote by regular early
10-31 ballot or in person due to requirements of military
10-32 service or due to living in isolated areas or extremely
10-33 remote areas of the world. This statement may be made
10-34 on the federal post card application or on a form
10-35 prepared by the Secretary of State and returned with the
10-36 special write-in ballot.
10-37 (c) Relatives applying for an early ballot for early
10-38 voters must also sign an oath stating that the facts in
10-39 the application are true.
10-40 (d) If an early voter is unable to fill out or sign the
10-41 application because of illiteracy or physical disability,
-10- (Index)
LC 19 2209
11- 1 the early voter shall make such early voter's mark and the
11- 2 person filling in the rest of the application shall sign
11- 3 such person's name below the mark as a witness.
11- 4 (e) Early ballot applications by or on behalf of early
11- 5 voters, as defined in paragraph (3) of Code Section
11- 6 21-2-380, must be accompanied by a certificate of a doctor
11- 7 or nurse that the early voter possesses the physical
11- 8 disability claimed and that such physical disability
11- 9 prevents the early voter from voting early in person or at
11-10 the polls; provided, however, that, for electors with
11-11 permanent such disabilities, one such certificate shall be
11-12 sufficient for all future elections unless such early
11-13 voter changes such early voter's county of residence. The
11-14 registrars shall record the fact of such permanent
11-15 disability on the elector's registration records.
11-16 (f) One timely and proper application for an early ballot
11-17 for use in a primary, including the presidential
11-18 preference primary, shall be sufficient to require the
11-19 mailing of an early ballot to an eligible early voter who
11-20 lives outside the county and is also a member of the armed
11-21 forces of the United States, a member of the merchant
11-22 marine of the United States, a spouse or dependent of a
11-23 member of the armed forces or merchant marine residing
11-24 with or accompanying such member, or an overseas citizen
11-25 for such primary as well as for any runoffs resulting
11-26 therefrom and for the election for which such primary
11-27 shall nominate candidates and any runoffs resulting
11-28 therefrom. Further, such application for an early ballot
11-29 to be used in any election shall be sufficient to require
11-30 the mailing of an early ballot for any runoffs resulting
11-31 from such election. A separate and distinct application
11-32 is required for special primaries and special elections.
11-33 A properly executed registration card submitted under the
11-34 provisions of subsection (b) of Code Section 21-2-219, if
11-35 submitted within 180 days of a primary or election in
11-36 which the registrant is entitled to vote, shall be
11-37 considered to be an application for an early ballot or a
11-38 special write-in ballot, as appropriate.
11-39 (g)(1) A citizen of the United States permanently
11-40 residing outside of the United States is entitled to
11-41 make application for an early ballot from Georgia and to
11-42 vote by early ballot in any election for presidential
11-43 electors and United States senator or representative in
11-44 Congress:
-11- (Index)
LC 19 2209
12- 1 (A) If such citizen was last domiciled in Georgia
12- 2 immediately before such citizen's departure from the
12- 3 United States; and
12- 4 (B) If such citizen could have met all qualifications
12- 5 to vote in federal elections even though, while
12- 6 residing outside the United States, such citizen does
12- 7 not have a place of abode or other address in Georgia.
12- 8 (2) An individual is entitled to make application for an
12- 9 early ballot under paragraph (1) of this subsection even
12-10 if such individual's intent to return to Georgia may be
12-11 uncertain, as long as:
12-12 (A) Such individual has complied with all applicable
12-13 Georgia qualifications and requirements which are
12-14 consistent with 42 U.S.C. Section 1973ff concerning
12-15 absentee registration for and voting by absentee
12-16 ballots;
12-17 (B) Such individual does not maintain a domicile, is
12-18 not registered to vote, and is not voting in any other
12-19 state or election district of a state or territory or
12-20 in any territory or possession of the United States;
12-21 and
12-22 (C) Such individual has a valid passport or card of
12-23 identity issued under the authority of the Secretary
12-24 of State of the United States or, in lieu thereof, an
12-25 alternative form of identification consistent with 42
12-26 U.S.C. Section 1973ff and applicable state
12-27 requirements, if a citizen does not possess a valid
12-28 passport or card of identity and registration.
12-29 (h) The application for a special write-in ballot may be
12-30 made on the federal post card application form or on a
12-31 form prescribed by the Secretary of State.
12-32 (i) Upon receipt of a timely application from an early
12-33 voter under this Code section, the registrars shall enter
12-34 thereon the date received and shall determine if the
12-35 applicant is eligible to vote in the primary or election
12-36 involved. If the early voter is found eligible, the
12-37 registrars shall certify by signing in the proper place on
12-38 the application and shall mail an early ballot to the
12-39 address listed in the application. No ballot shall be
12-40 mailed to an address other than the permanent mailing
12-41 address which has been recorded on the elector's
12-42 registration card, the permanent in-county address, or
-12- (Index)
LC 19 2209
13- 1 temporary out-of-county address of the early voter. If
13- 2 the early voter is found ineligible, the registrars shall
13- 3 deny the application by writing the reason for rejection
13- 4 in the proper space on the application and shall promptly
13- 5 notify the applicant in writing of the ground of such
13- 6 applicant's ineligibility. A copy of the notification
13- 7 shall be retained on file in the main office of the
13- 8 registrars for at least one year. If the registrars are
13- 9 unable to determine the identity of the early voter from
13-10 the information given on the application, the registrars
13-11 shall promptly write to request additional information.
13-12 In the case of an unregistered applicant who is eligible
13-13 for registration, the registrars shall immediately mail a
13-14 blank registration card as provided in Code Section
13-15 21-2-223, and such applicant, if otherwise qualified,
13-16 shall be deemed eligible to vote by early ballot in such
13-17 primary or election, if the registration card, properly
13-18 completed, is returned to the registrars on or before the
13-19 last day for registering to vote in such primary or
13-20 election. If the closing date for registration in the
13-21 primary or election concerned has not passed, the
13-22 registrars shall also mail an early ballot to the
13-23 applicant, as soon as the ballots are prepared and
13-24 available; and the ballot shall be cast therein if the
13-25 applicant returns the registration card timely, is found
13-26 eligible to vote, and returns the early ballot timely.
13-27 (j) In those counties in which the board of registrars
13-28 provides application forms for early ballots, the
13-29 registrars shall provide such quantity of the application
13-30 form to the president of each college or university
13-31 located in that county as said president determines
13-32 necessary for the students of such president's college or
13-33 university.
13-34 (k) The registrars shall, within two days after receipt of
13-35 the early ballots and supplies from the superintendent,
13-36 mail official early ballots to all eligible applicants
13-37 and, as additional applicants are determined to be
13-38 eligible, the registrars shall mail official early ballots
13-39 immediately upon determining their eligibility. No early
13-40 ballots shall be mailed on the day prior to a primary or
13-41 election. The date a ballot is mailed and the date the
13-42 ballot is returned shall be entered on the application
13-43 therefor. In the event an early ballot which has been
13-44 mailed by the registrars is not received by the applicant,
13-45 the applicant may notify the registrars and sign an
-13- (Index)
LC 19 2209
14- 1 affidavit stating that the ballot has not been received.
14- 2 The registrars shall then issue a second early ballot to
14- 3 the applicant and cancel the original ballot issued. The
14- 4 affidavit shall be attached to the original application
14- 5 and a second application shall not be required.
14- 6 (l) At any time after receiving the early ballot, but
14- 7 before the date of the primary or election involved, the
14- 8 early voter shall vote the ballot, fold the ballot as
14- 9 necessary, and enclose and securely seal the ballot in the
14-10 ballot envelope on which is printed 'Official Early
14-11 Ballot.' The sealed ballot envelope shall then be placed
14-12 inside the oath envelope and securely sealed. The early
14-13 voter shall then fill out, subscribe, and swear to the
14-14 oath printed on such envelope. If the early voter
14-15 received assistance in preparing the ballot, the person
14-16 rendering assistance to the early voter shall fill out,
14-17 subscribe, and swear to the oath of assistance printed on
14-18 the same envelope as the early voter's oath. The early
14-19 voter shall then mail the ballot to the board of
14-20 registrars; provided, however, that the ballots of
14-21 physically disabled early voters may be delivered to the
14-22 board of registrars by any adult person upon satisfactory
14-23 proof that such adult person is the early voter's mother,
14-24 father, grandparent, aunt, uncle, brother, sister, spouse,
14-25 son, daughter, niece, nephew, grandchild, son-in-law,
14-26 daughter-in-law, mother-in-law, father-in-law,
14-27 brother-in-law, sister-in-law, or an individual residing
14-28 in the household of such early voter.
14-29 (m) A physically disabled early voter may receive
14-30 assistance in preparing such early voter's ballot by any
14-31 of the persons listed in subsection (e) of Code Section
14-32 21-2-382 and, if the physically disabled early voter is
14-33 sojourning outside such voter's own county, a notary
14-34 public of the jurisdiction.
14-35 (n) Upon receiving an early ballot pursuant to this Code
14-36 section, the registrars shall write the day and hour of
14-37 the receipt of the ballot on its envelope. The registrars
14-38 shall then compare the identifying information on the oath
14-39 with the information on file in the registrars' office and
14-40 shall, if the information and signature appear to be
14-41 valid, so certify by signing below the voter's oath. Each
14-42 early voter so certified shall be listed by the registrars
14-43 on the numbered list of early voters for the early voter's
14-44 precinct. If the early voter has failed to sign the oath,
-14- (Index)
LC 19 2209
15- 1 if the signature does not appear to be valid, if the early
15- 2 voter has failed to furnish required information such that
15- 3 the voter's identity cannot be verified, if the
15- 4 information supplied by the early voter does not conform
15- 5 to that on file in the registrar's office, or if the early
15- 6 voter is otherwise found disqualified to vote, the
15- 7 registrars shall write across the face of the envelope
15- 8 'Rejected,' giving the reason therefor. The registrars
15- 9 shall promptly notify the early voter in writing of such
15-10 rejection. A copy of such notification shall be retained
15-11 in the files of the board of registrars for at least one
15-12 year. The name of the early voter so rejected and the
15-13 reason for the rejection shall be entered on the numbered
15-14 list of rejected early voters. All certified early
15-15 ballots shall be deposited in a locked ballot box along
15-16 with the early ballots voted in person.
15-17 (o) In order to be counted, an early ballot must be
15-18 received by the board of registrars before 12:00 Noon on
15-19 the day of the primary or election. Ballots received
15-20 after that time shall be safely kept unopened by the
15-21 registrars for the period of time required for the
15-22 preservation of ballots used at the primary or election
15-23 and shall then, without being opened, be destroyed in like
15-24 manner as the used ballots of the primary or election.
15-25 The board of registrars shall promptly notify the early
15-26 voters by first-class mail that the early voter's ballot
15-27 was returned too late to be counted and that the early
15-28 voter will not receive credit for voting in the primary or
15-29 election.
15-30 (p) An early voter, as defined by paragraph (3) of Code
15-31 Section 21-2-380, who is confined to a hospital on the day
15-32 of a primary or election or within a period of five days
15-33 immediately preceding the primary or election or who, due
15-34 to sudden illness or injury during this time period, is
15-35 confined to a residence may request the registrars
15-36 personally to deliver an early ballot to such early voter.
15-37 The board of registrars is authorized, but not required,
15-38 to comply with such request. Such early voter to whom an
15-39 early ballot is delivered in person by a registrar shall
15-40 vote the ballot then and there in accordance with the
15-41 procedures contained in this Code section, shall then seal
15-42 such ballot, and shall return it to the registrar. Any
15-43 such ballots personally delivered by a registrar must be
15-44 returned to the office of the board of registrars by 12:00
-15- (Index)
LC 19 2209
16- 1 Noon on the day of the primary or election in order to be
16- 2 counted.
16- 3 21-2-384. (Index)
16- 4 (a) When an early ballot has been voted in person or has
16- 5 been returned to the board of registrars, it shall be
16- 6 deemed to have been voted then and there and no other
16- 7 ballot shall be issued to the voter.
16- 8 (b) The main office shall and other such locations within
16- 9 the county as may be designated by the board of registrars
16-10 for the purpose of early voting may be open during normal
16-11 business hours on the two Saturdays immediately prior to
16-12 each primary, election, or runoff of either, for the
16-13 purpose of early voting.
16-14 (c) Whenever it shall appear by due proof to the
16-15 registrars that an early voter who has voted by early
16-16 ballot has died prior to the opening of the polls on the
16-17 day of the primary or election, the ballot of such
16-18 deceased elector shall be void and shall not be opened.
16-19 The ballot shall be treated in the same manner as provided
16-20 for rejected ballots.
16-21 (d) The postage required for mailing ballots to early
16-22 voters, as provided for in this article, shall be paid by
16-23 the county, except in cases where free mail delivery is
16-24 furnished by the federal government.
16-25 (e) The board of registrars shall maintain for public
16-26 inspection a master list, arranged by precinct, of early
16-27 voters to whom a ballot has been sent or who have voted in
16-28 person. Early voters whose names appear upon such list
16-29 may be challenged in writing by any elector of the county
16-30 prior to the opening of the polls on the day of the
16-31 primary or election.
16-32 21-2-385. (Index)
16-33 (a) No later than the time for the opening of the polls on
16-34 the day of the primary or election, the ballot boxes
16-35 located at any additional locations within the county as
16-36 may be designated by the board of registrars for the
16-37 purpose of early voting shall be transported to the main
16-38 office of the board of registrars.
16-39 (b) Beginning no earlier than the time for the opening of
16-40 the polls on the day of the primary or election, the board
16-41 of registrars shall open the ballot boxes and begin
-16- (Index)
LC 19 2209
17- 1 processing the early ballots. Not less than two
17- 2 registrars or deputy registrars shall be present at all
17- 3 times while the ballots are being processed and such
17- 4 processing shall be done in public.
17- 5 (c) The registrars shall process the early ballots by
17- 6 opening the oath envelope in such a manner as not to
17- 7 destroy the oath printed thereon and shall deposit the
17- 8 ballot envelope containing the ballot into a ballot box
17- 9 reserved for that purpose. If an early voter's right to
17-10 vote has been challenged for cause, the registrars shall
17-11 open the ballot envelope and write 'Challenged,' the early
17-12 voter's name, and the alleged cause of the challenge on
17-13 the back of the ballot, without disclosing the markings on
17-14 the face thereof, and deposit the ballot in the ballot
17-15 box.
17-16 (d) After removing all of the ballots and ballot envelopes
17-17 from the oath envelopes and depositing them into the
17-18 ballot box, the registrars shall, no later than 4:00 P.M.
17-19 on the day of the primary or election, deliver the ballot
17-20 box to the early voting precinct, which shall be
17-21 designated by the superintendent, which shall be located
17-22 in the same precinct which contains the county courthouse;
17-23 provided, however, that vote recorder ballots shall be
17-24 delivered to the tabulating center or other place
17-25 designated by the superintendent. Such ballots shall be
17-26 in the custody of two registrars or deputy registrars at
17-27 all times until the ballots are turned over to the chief
17-28 manager of the early voting precinct or, in the case of
17-29 vote recorder ballots, an official at the tabulating
17-30 center. The early voting precinct staff shall consist of
17-31 a chief manager, two assistant managers, and such clerks
17-32 as the manager deems necessary to count the ballots in
17-33 accordance with the procedures set forth in this chapter
17-34 for other ballots, insofar as practicable, and prepare an
17-35 election return for the county showing the results of the
17-36 early votes cast in such county. In the case of vote
17-37 recorder ballots, the officials at the tabulating center
17-38 shall count such ballots in the manner prescribed in this
17-39 chapter for vote recorder ballots, insofar as practicable,
17-40 and prepare an election return for the county showing the
17-41 results of the early votes cast in such county.
17-42 (e) The poll officers of the early ballot precinct and the
17-43 tabulating center officials shall proceed to the count the
-17- (Index)
LC 19 2209
18- 1 ballots notwithstanding the fact that the regular polls
18- 2 have not closed.
18- 3 (f) The registrars shall deliver with the ballot box the
18- 4 rejected ballots, all applications for ballots, and the
18- 5 numbered lists of certified and rejected early voters.
18- 6 The official receiving the ballots and other materials
18- 7 shall give a receipt therefor.
18- 8 (g) Any other provision of law to the contrary
18- 9 notwithstanding, if at any primary, general, or special
18-10 election in any county any question is to be voted on
18-11 involving any political subdivision which includes less
18-12 than the entire county, all early ballots shall be
18-13 separated by precinct for counting purposes; and separate
18-14 returns shall be certified for each precinct in which
18-15 early ballots were cast.
18-16 21-2-386. (Index)
18-17 All official early ballots, applications for such ballots,
18-18 and envelopes on which the forms of affidavits and jurats
18-19 appear shall be delivered to the clerk of superior court
18-20 upon the conclusion of the primary or election and shall
18-21 be safely held by such clerk for the period required by
18-22 law and then shall be destroyed. On the day following the
18-23 primary or election, the board of registrars shall
18-24 transmit all canceled, spoiled, and unused early ballots
18-25 to the clerk of superior court to be held with other
18-26 election materials as provided in Code Section 21-2-500.
18-27 The registrars shall also transmit an accounting of all
18-28 early ballots, including the number furnished by the
18-29 superintendent, the number issued, the number spoiled, and
18-30 the number unused."
SECTION 9.
18-31 Said title is further amended by striking subsection (b) of
18-32 Code Section 21-2-401, relating to duties of election
18-33 officials, and inserting in its place a new subsection (b)
18-34 to read as follows:
18-35 "(b) The registrars shall, prior to the hour appointed for
18-36 opening the polls, place in the possession of the managers
18-37 in each precinct one copy of the certified electors list
18-38 for such precinct, such list to contain all the
18-39 information required by law. The list shall indicate the
18-40 name of any elector who has been mailed or delivered who
18-41 has voted an absentee early ballot. The list for a given
-18- (Index)
LC 19 2209
19- 1 precinct may be divided into as many alphabetical sections
19- 2 as is deemed necessary. Such list of electors shall be
19- 3 authenticated by the signatures of at least two of the
19- 4 registrars. In addition, the registrars shall at the same
19- 5 time place in the possession of the managers in each
19- 6 precinct one copy of the list of inactive electors for
19- 7 such precinct. The managers of the respective precincts
19- 8 shall, on delivery to them of such electors lists, return
19- 9 receipts therefor to the registrars, who shall keep a
19-10 record of the time when and the manner in which the
19-11 electors lists are delivered. The registrars may, in
19-12 their discretion, require the managers of the respective
19-13 precincts to call at their office to obtain such lists."
SECTION 10.
19-14 Said title is further amended by striking subsections (c)
19-15 and (d) of Code Section 21-2-414, relating to restrictions
19-16 on campaign activities, and inserting in their place new
19-17 subsections (c) and (d), respectively, to read as follows:
19-18 "(c) No person shall solicit votes in any manner or by any
19-19 means or method, nor shall any person distribute any
19-20 campaign literature, newspaper, booklet, pamphlet, card,
19-21 sign, or any other written or printed matter of any kind,
19-22 nor shall any person conduct any exit poll or public
19-23 opinion poll with voters within a room in which absentee
19-24 early ballots are being cast on any day.
19-25 (d) No person shall solicit signatures for any petition
19-26 within a room in which absentee early ballots are being
19-27 cast on any day."
SECTION 11.
19-28 Said title is further amended by striking subsection (c) of
19-29 Code Section 21-2-431, relating to voters certificates, and
19-30 inserting in its place a new subsection (c) to read as
19-31 follows:
19-32 "(c) Except as provided in Code Sections 21-2-218 and
19-33 21-2-386 Article 10 of this chapter, no person shall vote
19-34 at any primary or election at any polling place outside
19-35 the precinct in which such person resides, nor shall such
19-36 person vote in the precinct in which such person resides
19-37 unless such person has been registered as an elector and
19-38 such person's name appears on the electors list of such
19-39 precinct."
SECTION 12.
-19- (Index)
LC 19 2209
20- 1 Said title is further amended by striking subsection (c) of
20- 2 Code Section 21-2-451, relating to execution of a voter's
20- 3 certificate, and inserting in its place a new subsection (c)
20- 4 to read as follows:
20- 5 "(c) Except as provided in Code Sections 21-2-218 and
20- 6 21-2-386 Article 10 of this chapter, no person shall vote
20- 7 at any primary or election at any polling place outside
20- 8 the precinct in which such person resides, nor shall such
20- 9 person vote in the precinct in which such person resides
20-10 unless such person has been registered as an elector and
20-11 such person's name appears on the electors list of such
20-12 precinct."
SECTION 13.
20-13 Said title is further amended by striking subsection (h) of
20-14 Code Section 21-2-452, relating to voting procedures, and
20-15 inserting in its place a new subsection (h) to read as
20-16 follows:
20-17 "(h) The superintendent shall make paper ballots available
20-18 for handicapped electors who, due to their handicap, are
20-19 unable to vote on a voting machine. Absentee Early
20-20 ballots may be used for this purpose. The superintendent
20-21 shall provide sufficient accommodations to permit such a
20-22 handicapped elector to vote in private."
SECTION 14.
20-23 Said title is further amended by striking subsection (g) of
20-24 Code Section 21-2-470, relating to ballot procedures, and
20-25 inserting in its place a new subsection (g) to read as
20-26 follows:
20-27 "(g) The superintendent shall have at least one voting
20-28 booth in each precinct modified or shall make paper
20-29 ballots available for handicapped electors who, due to
20-30 their handicap, are unable to vote on a vote recorder in a
20-31 regular voting booth. Absentee Early ballots may be used
20-32 for this purpose. The superintendent shall provide
20-33 sufficient accommodations to permit such a handicapped
20-34 elector to vote in private."
SECTION 15.
20-35 Said title is further amended by striking subsections (f)
20-36 and (g) of Code Section 21-2-471, relating to ballots and
20-37 returns, and inserting in their place new subsections (f)
20-38 and (g), respectively, to read as follows:
-20- (Index)
LC 19 2209
21- 1 "(f) The official returns of the votes cast on ballot
21- 2 cards at each polling place shall be printed by the
21- 3 tabulating machine, to which shall be added the votes of
21- 4 absentee electors early voters and write-in votes. The
21- 5 returns thus prepared shall be certified and promptly
21- 6 posted as provided by this chapter for paper ballots. The
21- 7 official returns for the primary or election may be
21- 8 printed by the tabulating machine, to which are added the
21- 9 tally of write-in and absentee early votes, and shall be
21-10 canvassed and certified as provided by this chapter. The
21-11 ballot cards, write-in ballots, spoiled, defective, and
21-12 invalid ballot cards, and returns shall be filed and
21-13 retained in the same manner as provided by this chapter
21-14 for paper ballots.
21-15 (g) The final canvass of the votes cast on vote recorders
21-16 and counted by tabulating machines in a primary or
21-17 election may be made by adding the results as determined
21-18 by the superintendent to the results of the canvass of
21-19 votes cast by absentee electors early voters and write-in
21-20 votes and making the statement of the vote in the manner
21-21 provided for the particular primary or election. If paper
21-22 ballots or voting machines are used in part of the county
21-23 for all or a part of the primary or election, such votes
21-24 shall be canvassed in the manner provided by this chapter
21-25 and shall be added to the votes cast on ballot cards as
21-26 provided by this chapter."
SECTION 16.
21-27 Said title is further amended by striking subsections (j)
21-28 and (m) of Code Section 21-2-493, relating to computation
21-29 and tabulation of returns, and inserting in their place a
21-30 new subsection (j) to read as follows:
21-31 "(j) The superintendent shall see that the votes shown by
21-32 each absentee early ballot are added to the return
21-33 received from the precinct of the elector casting such
21-34 ballot."
21-35 "(m) Notwithstanding any provision of law to the contrary,
21-36 with respect to the presidential preference primary to be
21-37 held in 1992, the superintendent shall begin to compute
21-38 and consolidate the returns from each precinct and all
21-39 absentee ballots cast through 7:00 P.M. on the date of the
21-40 presidential preference primary not later than 12:00 Noon
21-41 on the day following the date of the presidential
21-42 preference primary in accordance with the procedures set
-21- (Index)
LC 19 2209
22- 1 forth in this Code section. Upon the conclusion of the
22- 2 consolidation, the superintendent shall announce the
22- 3 results of the consolidation but shall not certify the
22- 4 consolidation. At or before 12:00 Noon on the fifteenth
22- 5 day following the date of the presidential preference
22- 6 primary, the superintendent shall compute and canvass the
22- 7 returns of the absentee ballots which were received by the
22- 8 registrars after 7:00 P.M. on the date of the presidential
22- 9 preference primary but by 5:00 P.M. on the fourteenth day
22-10 following the date of the presidential preference primary
22-11 which were postmarked on or before the date of the
22-12 presidential preference primary. These returns shall be
22-13 added to the consolidation of the votes previously
22-14 prepared and a final consolidation of the votes shall be
22-15 certified and filed as other certifications of election
22-16 results and all election materials shall then be
22-17 distributed in accordance with the provisions of this
22-18 chapter."
SECTION 17.
22-19 Said title is further amended by striking paragraph (3) of
22-20 Code Section 21-2-496, relating to the consolidated return,
22-21 and inserting in its place a new paragraph (3) to read as
22-22 follows:
22-23 "(3) One copy to be forwarded to the Secretary of State,
22-24 together with a copy of each precinct return and a copy
22-25 of the numbered list of voters of each precinct, as well
22-26 as the returns and numbered list of voters for absentee
22-27 electors early voters; and".
SECTION 18.
22-28 Said title is further amended by striking Code Section
22-29 21-2-573, relating to absentee voting by an unqualified
22-30 elector, and inserting in its place a new Code Section
22-31 21-2-573 to read as follows:
22-32 "21-2-573. (Index)
22-33 Any person who votes or attempts to vote by absentee early
22-34 ballot at any primary or election under Article 10 of this
22-35 chapter and who is not qualified to vote shall be guilty
22-36 of a misdemeanor."
SECTION 19.
-22- (Index)
LC 19 2209
23- 1 Said title is further amended by striking Code Section
23- 2 21-3-7.1, relating to the furnishing of forms, and inserting
23- 3 in its place a new Code Section 21-3-7.1 to read as follows:
23- 4 "21-3-7.1. (Index)
23- 5 The Secretary of State shall furnish to the proper
23- 6 superintendent all blank forms, including tally and return
23- 7 sheets, numbered lists of voters, cards of instructions,
23- 8 notices of penalties, instructions for marking ballots,
23- 9 tally sheets, precinct returns, consolidated returns,
23-10 oaths of managers and clerks, oaths of assisted electors,
23-11 voters certificates and binders, applications for absentee
23-12 early ballots, envelopes and instruction sheets for
23-13 absentee early ballots, and such other supplies as he the
23-14 Secretary of State shall deem necessary and advisable from
23-15 time to time, for use in all municipal elections and
23-16 primaries. Such forms shall have printed thereon
23-17 appropriate instructions for their use."
SECTION 20.
23-18 Said title is further amended by striking subsections (d)
23-19 through (g) of Code Section 21-3-125, relating to challenges
23-20 to the right to vote, and inserting in their place new
23-21 subsections (d) through (g) to read as follows:
23-22 "(d) If the challenged elector does not cast an absentee
23-23 early ballot and does not appear at the polling place to
23-24 vote and if the challenge is based on grounds other than
23-25 the qualifications of the elector to remain on the list of
23-26 electors, no further action by the registrars shall be
23-27 required.
23-28 (e) If the challenged elector cast an absentee early
23-29 ballot and it is not practical to conduct a hearing prior
23-30 to the close of the polls and the challenge is based upon
23-31 grounds other than the qualifications of the elector to
23-32 remain on the list of electors, the absentee early ballot
23-33 shall be treated as a challenged ballot pursuant to
23-34 subsection (e) of Code Section 21-3-291 21-3-285. No
23-35 further action by the registrars shall be required.
23-36 (f) If the challenged elector does not cast an absentee
23-37 early ballot and does not appear at the polling place to
23-38 vote and the challenge is based on the grounds that the
23-39 elector is not qualified to remain on the list of
23-40 electors, the board of registrars shall proceed to hear
23-41 the challenge pursuant to Code Section 21-2-229.
-23- (Index)
LC 19 2209
24- 1 (g) If the challenged elector cast an absentee early
24- 2 ballot and the challenge is based upon grounds that the
24- 3 challenged elector is not qualified to remain on the list
24- 4 of electors, the board of registrars shall proceed to
24- 5 conduct a hearing on the challenge on an expedited basis
24- 6 prior to the certification of the consolidated returns of
24- 7 the election by the election superintendent. The election
24- 8 superintendent shall not certify such consolidated returns
24- 9 until such hearing is complete and the registrars have
24-10 rendered their decision on the challenge. If the
24-11 registrars deny the challenge, the superintendent shall
24-12 proceed to certify the consolidated returns. If the
24-13 registrars uphold the challenge, the name of the
24-14 challenged elector shall be removed from the list of
24-15 electors and the ballot of the challenged elector shall be
24-16 rejected and not counted and, if necessary, the returns
24-17 shall be adjusted to remove any votes cast by such
24-18 elector. The elector making the challenge and the
24-19 challenged elector may appeal the decision of the
24-20 registrars in the same manner as provided in subsection
24-21 (e) of Code Section 21-2-229."
SECTION 21.
24-22 Said title is further amended by striking subsection (b) of
24-23 Code Section 21-3-188, relating to the form of absentee
24-24 ballots, and inserting in its place a new subsection (b) to
24-25 read as follows:
24-26 "(b) The form for the absentee early ballot shall be in
24-27 substantially the same form as the official ballots used
24-28 in the precincts, except it shall be printed with only the
24-29 name stub and without a number strip."
SECTION 22.
24-30 Said title is further amended by striking Article 10 of
24-31 Chapter 3, relating to absentee voting, and inserting in its
24-32 place a new Article 10, relating to early voting, to read as
24-33 follows:
"ARTICLE 10
24-34 21-3-280. (Index)
24-35 As used in this article, the term 'early voter' means an
24-36 elector of this state who:
-24- (Index)
LC 19 2209
25- 1 (1) For any reason, desires to vote in person in
25- 2 accordance with this article prior to the date of a
25- 3 primary or election;
25- 4 (2) Will be absent from the municipality and county
25- 5 during the entire time during which early ballots are
25- 6 available for voting early in person and will be absent
25- 7 from the municipality and county on the day of the
25- 8 primary or election in which such elector desires to
25- 9 vote the entire time the polls are open; or
25-10 (3) Because of physical disability, will not be able to
25-11 vote early in person or be present at the polls on the
25-12 day of the primary or election in which such elector
25-13 desires to vote.
25-14 21-3-281. (Index)
25-15 The governing authority of each municipality shall appoint
25-16 an early ballot clerk who may be the county registrar,
25-17 municipal registrar, or any other designated official and
25-18 who shall perform the duties set forth in this article.
25-19 Such early ballot clerk may designate such deputy early
25-20 ballot clerks as the early ballot clerk deems necessary to
25-21 assist in performing the duties set forth in this article.
25-22 21-3-282. (Index)
25-23 (a) The superintendent shall, as soon as practical prior
25-24 to each primary or election, but at least 45 days prior to
25-25 any general primary or general election, prepare or obtain
25-26 and deliver an adequate supply of official early ballots,
25-27 envelopes, and other supplies as required by this article
25-28 to the early ballot clerk for use in the primary or
25-29 election.
25-30 (b) Ballots for use by early voters shall be marked
25-31 'Official Early Ballot' and shall be in the form required
25-32 by Article 8 of this chapter, except that in
25-33 municipalities using vote recorders the ballots shall be
25-34 in substantially the form for ballot labels required by
25-35 Article 9 of this chapter so as to permit the ballot to be
25-36 machine tabulated. Voting machines shall not be used for
25-37 early voting.
25-38 (c) The superintendent shall provide two envelopes for
25-39 each official early ballot of such size and shape as shall
25-40 be determined by the Secretary of State in order to permit
25-41 the placing of one within the other. On the smaller of
25-42 the two envelopes, which shall be called the 'ballot
-25- (Index)
LC 19 2209
26- 1 envelope,' shall be printed the words 'Official Early
26- 2 Ballot' and nothing else. On the back of the larger of
26- 3 the two envelopes, which shall be called the 'oath
26- 4 envelope,' shall be printed the form of the oath of the
26- 5 elector and the oath for persons assisting electors, as
26- 6 provided for in Code Section 21-3-318, and the penalties
26- 7 provided for in Code Sections 21-3-448, 21-3-453,
26- 8 21-3-459, and 21-3-478 and on the face thereof shall be
26- 9 printed the name and address of the early ballot clerk.
26-10 In addition, the superintendent shall provide a sufficient
26-11 number of mailing envelopes of a size and shape as shall
26-12 be determined by the Secretary of State in order to permit
26-13 the placing of the ballot; the ballot envelope; the oath
26-14 envelope; the instructions for the manner of preparing and
26-15 returning the ballot, the form and substance of which
26-16 shall be determined by the Secretary of State; and
26-17 supplies needed to vote the ballot, if any.
26-18 (d) The oaths referred to in subsection (c) of this Code
26-19 section shall be in substantially the following form:
26-20 I, the undersigned, do swear (or affirm) that I am a
26-21 citizen of the United States and of the State of
26-22 Georgia; that my residence address is __________ City,
26-23 __________ County, Georgia; that I possess the
26-24 qualifications of an elector required by the laws of the
26-25 State of Georgia; that I am entitled to vote in the
26-26 precinct containing my residence in the primary or
26-27 election in which this ballot is to be cast; that I am
26-28 eligible to vote by early ballot; that I have not voted
26-29 and will not vote any other early ballot in such primary
26-30 or election nor shall I vote therein in person at the
26-31 polls; and that I have read and understand the
26-32 instructions accompanying this ballot and I have
26-33 carefully complied with such instructions in completing
26-34 this ballot.
26-35 ___________________ ________________________
26-36 Elector's Residence Elector's Place of Birth
26-37 Address
26-38 ________________ ________________
26-39 Maiden Name of Month and Day of
26-40 Elector's Mother Elector's Birth
____________________
Signature or Mark of
Elector
-26- (Index)
LC 19 2209
27- 1 Oath of Person Assisting Elector (if any):
27- 2 I, the undersigned, do swear (or affirm) that I assisted
27- 3 the above-named elector in marking and completing such
27- 4 elector's early ballot as such elector personally
27- 5 communicated such elector's preference to me; that I am
27- 6 satisfied that such elector presently possesses the
27- 7 disability noted below; and that by reason of such
27- 8 disability such elector is entitled to receive
27- 9 assistance in voting under the provisions of subsection
27-10 (a) of Code Section 21-3-318.
27-11 This, the ______ day of _________________, 19__.
___________________
Signature of Person
Assisting Elector
__________________________
Relationship of Person
Assisting Elector (if any)
27-12 Reason for assistance (Check appropriate square):
27-13 ( ) Elector is unable to read the English language.
27-14 ( ) Elector has the following physical disability
27-15 (list the specific disability which caused the
27-16 elector to require assistance in voting):
27-17 _____________.
27-18 The forms upon which such oaths are printed shall contain
27-19 the following information:
27-20 Georgia law provides, in subsection (c) of Code Section
27-21 21-3-318, that no person shall assist more than ten
27-22 electors in any primary or election.
27-23 Georgia law further provides that any person who
27-24 illegally votes by early ballot or who illegally gives
27-25 or receives assistance in voting shall be guilty of a
27-26 misdemeanor.
27-27 21-3-283. (Index)
27-28 (a) After the official early ballots are delivered to the
27-29 early ballot clerk, any early voter may vote an early
27-30 ballot by appearing at the office of the early ballot
27-31 clerk or at any other such location within the
27-32 municipality as may be designated by the governing
27-33 authority for the purpose of early voting and completing
27-34 an early voter's certificate and presenting such
-27- (Index)
LC 19 2209
28- 1 certificate to the early ballot clerk. The early ballot
28- 2 clerk shall examine the voter's certificate and determine
28- 3 if the early voter is entitled to vote. Upon determining
28- 4 that the early voter is entitled to vote, the early ballot
28- 5 clerk shall initial the voter's certificate, record the
28- 6 name of the early voter on the numbered list of early
28- 7 voters for the early voter's precinct in the order of
28- 8 voting, record the number of the stub of the ballot issued
28- 9 to the early voter, issue the ballot to the early voter,
28-10 and insert the voter's certificate in the binder provided
28-11 therefor.
28-12 (b) If an early voter was unable to sign such early
28-13 voter's name at the time of registration or if, having
28-14 been able to sign such early voter's name when registered,
28-15 such early voter shall have become, through physical
28-16 disability, unable to sign such early voter's name when
28-17 such early voter applies to vote, such early voter shall
28-18 establish such early voter's identity to the satisfaction
28-19 of the early ballot clerk; and in such case such early
28-20 voter shall not be required to sign a voter's certificate,
28-21 but a certificate shall be prepared for such early voter
28-22 by the early ballot clerk, upon which the facts of the
28-23 disability shall be noted and attested by the signature of
28-24 such early ballot clerk.
28-25 (c) The form of the voter's certificate for use by early
28-26 voters shall be determined by the Secretary of State and
28-27 shall be in substantially the same form as the voter's
28-28 certificate specified in Code Section 21-3-311.
28-29 (d) Upon being issued an early ballot, the early voter
28-30 shall then and there vote the early ballot within the
28-31 confines of the office of the early ballot clerk or at
28-32 such other location within the municipality as may be
28-33 designated by the governing authority for the purpose of
28-34 early voting. The early ballot clerk shall furnish
28-35 accommodations to the early voter to ensure the privacy of
28-36 the early voter while voting the ballot. After voting the
28-37 ballot, the early voter shall fold the ballot as necessary
28-38 and enclose and securely seal the ballot in the ballot
28-39 envelope on which is printed the words 'Official Early
28-40 Ballot.' The sealed ballot envelope shall then be placed
28-41 inside the oath envelope and securely sealed. The early
28-42 voter shall then fill out, subscribe, and swear to the
28-43 oath printed on such envelope. If the early voter
28-44 received assistance in preparing the ballot, the person
-28- (Index)
LC 19 2209
29- 1 rendering assistance to the early voter shall fill out,
29- 2 subscribe, and swear to the oath of assistance printed on
29- 3 the same envelope as the early voter's oath. The ballot
29- 4 so enclosed in such envelopes shall then be placed in a
29- 5 locked ballot box provided by the early ballot clerk for
29- 6 such ballots.
29- 7 (e) A physically disabled or illiterate early voter may
29- 8 receive assistance in preparing such early voter's ballot
29- 9 from one of the following: any elector who is qualified
29-10 to vote in the same municipality as the disabled or
29-11 illiterate early voter or the mother, father, grandparent,
29-12 aunt, uncle, brother, sister, spouse, son, daughter,
29-13 niece, nephew, grandchild, son-in-law, daughter-in-law,
29-14 mother-in-law, father-in-law, brother-in-law, or
29-15 sister-in-law of the disabled or illiterate early voter.
29-16 No person shall assist more than ten electors in any
29-17 primary, election, or runoff.
29-18 21-3-284. (Index)
29-19 (a) Not more than 180 days prior to the date of the
29-20 primary or election, or runoff of either, an early voter,
29-21 as defined in paragraphs (2) and (3) of Code Section
29-22 21-3-280, may make an application to the early ballot
29-23 clerk of the municipality of the early voter's residence
29-24 for an official early ballot of such early voter's
29-25 precinct to be voted at such primary, election, or runoff
29-26 to be mailed to such early voter. In addition,
29-27 applications for early ballots for such early voters may
29-28 be made, upon satisfactory proof of relationship, by such
29-29 early voter's mother, father, grandparent, aunt, uncle,
29-30 sister, brother, spouse, son, daughter, niece, nephew,
29-31 grandchild, son-in-law, daughter-in-law, mother-in-law,
29-32 father-in-law, brother-in-law, or sister-in-law of the age
29-33 of 18 or over. Such applications may be made by mail, by
29-34 facsimile transmission, or in person at the early ballot
29-35 clerk's office.
29-36 (b) Such applications shall be in writing and shall
29-37 contain the following:
29-38 (1) Sufficient information for proper identification of
29-39 the early voter;
29-40 (2) The address to which the early ballot is to be
29-41 mailed;
-29- (Index)
LC 19 2209
30- 1 (3) The identity of the primary, election, or runoff in
30- 2 which the early voter desires to vote;
30- 3 (4) The name and relationship of the person requesting
30- 4 the ballot on behalf of the early voter, if any;
30- 5 (5) If an early voter as defined in paragraph (2) of
30- 6 Code Section 21-3-280, a statement that the early voter
30- 7 will be absent from the municipality and the county
30- 8 during the entire time during which early ballots are
30- 9 available for voting early in person and that the early
30-10 voter will be absent from the municipality and the
30-11 county on the day of the primary or election in which
30-12 such early voter desires to vote the entire time the
30-13 polls are open; and
30-14 (6) If an early voter as defined in paragraph (3) of
30-15 Code Section 21-3-280, a statement that the early voter
30-16 will not be able to vote early in person or be present
30-17 at the polls on the day of the primary or election in
30-18 which the early voter desires to vote because of
30-19 physical disability and a statement of the nature of the
30-20 physical disability.
30-21 (c) Relatives applying for an early ballot for early
30-22 voters must also sign an oath stating that the facts in
30-23 the application are true.
30-24 (d) If an early voter is unable to fill out or sign the
30-25 application because of illiteracy or physical disability,
30-26 the early voter shall make such early voter's mark and the
30-27 person filling in the rest of the application shall sign
30-28 such person's name below the mark as a witness.
30-29 (e) Early ballot applications by or on behalf of early
30-30 voters, as defined in paragraph (3) of Code Section
30-31 21-3-280, must be accompanied by a certificate of a doctor
30-32 or nurse that the early voter possesses the physical
30-33 disability claimed and that such physical disability
30-34 prevents the early voter from voting early in person or at
30-35 the polls; provided, however, that, for electors with
30-36 permanent such disabilities, one such certificate shall be
30-37 sufficient for all future elections unless such early
30-38 voter changes such early voter's residence out of the
30-39 municipality. The registrars shall record the fact of
30-40 such permanent disability on the elector's registration
30-41 records.
-30- (Index)
LC 19 2209
31- 1 (f) One timely and proper application for an early ballot
31- 2 for use in a primary shall be sufficient to require the
31- 3 mailing of an early ballot to an eligible early voter who
31- 4 lives outside the municipality and county and is also a
31- 5 member of the armed forces of the United States, a member
31- 6 of the merchant marine of the United States, a spouse or
31- 7 dependent of a member of the armed forces or merchant
31- 8 marine residing with or accompanying such member, or an
31- 9 overseas citizen for such primary as well as for any
31-10 runoffs resulting therefrom and for the election for which
31-11 such primary shall nominate candidates and any runoffs
31-12 resulting therefrom. Further, such application for an
31-13 early ballot to be used in any election shall be
31-14 sufficient to require the mailing of an early ballot for
31-15 any runoffs resulting from such election. A separate and
31-16 distinct application is required for special primaries and
31-17 special elections. A properly executed registration card
31-18 submitted under the provisions of subsection (b) of Code
31-19 Section 21-2-219, if submitted within 180 days of a
31-20 primary or election in which the registrant is entitled to
31-21 vote, shall be considered to be an application for an
31-22 early ballot.
31-23 (g) Upon receipt of a timely application from an early
31-24 voter under this Code section, the early ballot clerk
31-25 shall enter thereon the date received and shall determine
31-26 if the applicant is eligible to vote in the primary or
31-27 election involved. If the early voter is found eligible,
31-28 the early ballot clerk shall certify by signing in the
31-29 proper place on the application and shall mail an early
31-30 ballot to the address listed in the application. No
31-31 ballot shall be mailed to an address other than the
31-32 permanent mailing address which has been entered on the
31-33 elector's registration card, the permanent in-municipality
31-34 address, or temporary out-of-county address of the early
31-35 voter. If the early voter is found ineligible, the early
31-36 ballot clerk shall deny the application by writing the
31-37 reason for rejection in the proper space on the
31-38 application and shall promptly notify the applicant in
31-39 writing of the ground of such applicant's ineligibility.
31-40 A copy of the notification shall be retained on file in
31-41 the office of the early ballot clerk for at least one
31-42 year. If the early ballot clerk is unable to determine
31-43 the identity of the early voter from the information given
31-44 on the application, the early ballot clerk shall promptly
31-45 write to request additional information. In the case of
-31- (Index)
LC 19 2209
32- 1 an unregistered applicant who is eligible for
32- 2 registration, the early ballot clerk shall cause the
32- 3 registrar immediately to mail a blank registration card as
32- 4 provided in Code Section 21-3-123, and such applicant, if
32- 5 otherwise qualified, shall be deemed eligible to vote by
32- 6 early ballot in such primary or election, if the
32- 7 registration card, properly completed, is returned to the
32- 8 registrar on or before the last day for registering to
32- 9 vote in such primary or election. If the closing date for
32-10 registration in the primary or election concerned has not
32-11 passed, the early ballot clerk shall also mail an early
32-12 ballot to the applicant, as soon as the ballots are
32-13 prepared and available; and the ballot shall be cast
32-14 therein if the applicant returns the registration card
32-15 timely, is found eligible to vote, and returns the early
32-16 ballot timely.
32-17 (h) The early ballot clerk shall, within two days after
32-18 receipt of the early ballots and supplies from the
32-19 superintendent, mail official early ballots to all
32-20 eligible applicants and, as additional applicants are
32-21 determined to be eligible, the early ballot clerk shall
32-22 mail official early ballots immediately upon determining
32-23 their eligibility. No early ballots shall be mailed on
32-24 the day prior to a primary or election. The date a ballot
32-25 is mailed and the date the ballot is returned shall be
32-26 entered on the application therefor. In the event an
32-27 early ballot which has been mailed by the early ballot
32-28 clerk is not received by the applicant, the applicant may
32-29 notify the early ballot clerk and sign an affidavit
32-30 stating that the ballot has not been received. The early
32-31 ballot clerk shall then issue a second early ballot to the
32-32 applicant and cancel the original ballot issued. The
32-33 affidavit shall be attached to the original application
32-34 and a second application shall not be required.
32-35 (i) At any time after receiving the early ballot, but
32-36 before the date of the primary or election involved, the
32-37 early voter shall vote the ballot, fold the ballot as
32-38 necessary, and enclose and securely seal the ballot in the
32-39 ballot envelope on which is printed 'Official Early
32-40 Ballot.' The sealed ballot envelope shall then be placed
32-41 inside the oath envelope and securely sealed. The early
32-42 voter shall then fill out, subscribe, and swear to the
32-43 oath printed on such envelope. If the early voter
32-44 received assistance in preparing the ballot, the person
32-45 rendering assistance to the early voter shall fill out,
-32- (Index)
LC 19 2209
33- 1 subscribe, and swear to the oath of assistance printed on
33- 2 the same envelope as the early voter's oath. The early
33- 3 voter shall then mail the ballot to the early ballot
33- 4 clerk; provided, however, that the ballots of physically
33- 5 disabled early voters may be delivered to the early ballot
33- 6 clerk by any adult person upon satisfactory proof that
33- 7 such adult person is the early voter's mother, father,
33- 8 grandparent, aunt, uncle, brother, sister, spouse, son,
33- 9 daughter, niece, nephew, grandchild, son-in-law,
33-10 daughter-in-law, mother-in-law, father-in-law,
33-11 brother-in-law, sister-in-law, or an individual residing
33-12 in the household of such early voter.
33-13 (j) A physically disabled early voter may receive
33-14 assistance in preparing such early voter's ballot by any
33-15 of the persons listed in subsection (e) of Code Section
33-16 21-3-283 and, if the physically disabled early voter is
33-17 sojourning outside such voter's own county, a notary
33-18 public of the jurisdiction.
33-19 (k) Upon receiving an early ballot pursuant to this Code
33-20 section, the early ballot clerk shall write the day and
33-21 hour of the receipt of the ballot on its envelope. The
33-22 early ballot clerk shall then compare the identifying
33-23 information on the oath with the information on file in
33-24 the registrars' office and shall, if the information and
33-25 signature appear to be valid, so certify by signing below
33-26 the voter's oath. Each early voter so certified shall be
33-27 listed by the early ballot clerk on the numbered list of
33-28 early voters for the early voter's precinct. If the early
33-29 voter has failed to sign the oath, if the signature does
33-30 not appear to be valid, if the early voter has failed to
33-31 furnish required information such that the voter's
33-32 identity cannot be verified, if the information supplied
33-33 by the early voter does not conform to that on file in the
33-34 registrars' office, or if the early voter is otherwise
33-35 found disqualified to vote, the early ballot clerk shall
33-36 write across the face of the envelope 'Rejected,' giving
33-37 the reason therefor. The early ballot clerk shall
33-38 promptly notify the early voter in writing of such
33-39 rejection. A copy of such notification shall be retained
33-40 in the files of the early ballot clerk for at least one
33-41 year. The name of the early voter so rejected and the
33-42 reason for the rejection shall be entered on the numbered
33-43 list of rejected early voters. All certified early
33-44 ballots shall be deposited in a locked ballot box along
33-45 with the early ballots voted in person.
-33- (Index)
LC 19 2209
34- 1 (l) In order to be counted, an early ballot must be
34- 2 received by the early ballot clerk before 12:00 Noon on
34- 3 the day of the primary or election. Ballots received
34- 4 after that time shall be safely kept unopened by the early
34- 5 ballot clerk for the period of time required for the
34- 6 preservation of ballots used at the primary or election
34- 7 and shall then, without being opened, be destroyed in like
34- 8 manner as the used ballots of the primary or election.
34- 9 The early ballot clerk shall promptly notify the early
34-10 voter by first-class mail that the early voter's ballot
34-11 was returned too late to be counted and that the early
34-12 voter will not receive credit for voting in the primary or
34-13 election.
34-14 (m) An early voter, as defined by paragraph (3) of Code
34-15 Section 21-3-280, who is confined to a hospital on the day
34-16 of a primary or election or within a period of five days
34-17 immediately preceding the primary or election or who, due
34-18 to sudden illness or injury during this time period, is
34-19 confined to a residence may request the early ballot clerk
34-20 personally to deliver an early ballot to such early voter.
34-21 The early ballot clerk is authorized, but not required, to
34-22 comply with such request. Such early voter to whom an
34-23 early ballot is delivered in person by an early ballot
34-24 clerk shall vote the ballot then and there in accordance
34-25 with the procedures contained in this Code section, shall
34-26 then seal such ballot, and shall return it to the early
34-27 ballot clerk. Any such ballots personally delivered by
34-28 the early ballot clerk must be returned to the office of
34-29 the early ballot clerk by 12:00 Noon on the day of the
34-30 primary or election in order to be counted.
34-31 21-3-285. (Index)
34-32 (a) When an early ballot has been voted in person or has
34-33 been returned to the early ballot clerk, it shall be
34-34 deemed to have been voted then and there and no other
34-35 ballot shall be issued to the voter.
34-36 (b) The office of the early ballot clerk shall and other
34-37 such locations within the municipality as may be
34-38 designated by the governing authority for the purpose of
34-39 early voting may be open during normal business hours on
34-40 the two Saturdays immediately prior to each primary,
34-41 election, or runoff of either, for the purpose of early
34-42 voting.
-34- (Index)
LC 19 2209
35- 1 (c) Whenever it shall appear by due proof to the early
35- 2 ballot clerk that an early voter who has voted by early
35- 3 ballot has died prior to the opening of the polls on the
35- 4 day of the primary or election, the ballot of such
35- 5 deceased elector shall be void and shall not be opened.
35- 6 The ballot shall be treated in the same manner as provided
35- 7 for rejected ballots.
35- 8 (d) The postage required for mailing ballots to early
35- 9 voters, as provided for in this article, shall be paid by
35-10 the municipality, except in cases where free mail delivery
35-11 is furnished by the federal government.
35-12 (e) The early ballot clerk shall maintain for public
35-13 inspection a master list, arranged by precinct, of early
35-14 voters to whom a ballot has been sent or who have voted in
35-15 person. Early voters whose names appear upon such list
35-16 may be challenged in writing by any elector of the
35-17 municipality prior to the opening of the polls on the day
35-18 of the primary or election.
35-19 21-3-286. (Index)
35-20 (a) No later than the time for the opening of the polls on
35-21 the day of the primary or election, the ballot boxes
35-22 located at any additional locations within the
35-23 municipality as may be designated by the governing
35-24 authority for the purpose of early voting shall be
35-25 transported to the office of the early ballot clerk.
35-26 (b) Beginning no earlier than the time for the opening of
35-27 the polls on the day of the primary or election, the early
35-28 ballot clerk shall open the ballot boxes and begin
35-29 processing the early ballots. Not less than two
35-30 registrars, deputy registrars, or poll officers shall be
35-31 present at all times while the ballots are being processed
35-32 and such processing shall be done in public.
35-33 (c) The early ballot clerk shall process the early ballots
35-34 by opening the oath envelope in such a manner as not to
35-35 destroy the oath printed thereon and shall deposit the
35-36 ballot envelope containing the ballot into a ballot box
35-37 reserved for that purpose. If an early voter's right to
35-38 vote has been challenged for cause, the early ballot clerk
35-39 shall open the ballot envelope and write 'Challenged,' the
35-40 early voter's name, and the alleged cause of the challenge
35-41 on the back of the ballot, without disclosing the markings
35-42 on the face thereof, and deposit the ballot in the ballot
35-43 box.
-35- (Index)
LC 19 2209
36- 1 (d) After removing all of the ballots and ballot envelopes
36- 2 from the oath envelopes and depositing them into the
36- 3 ballot box, the early ballot clerk shall, no later than
36- 4 4:00 P.M. on the day of the primary or election, deliver
36- 5 the ballot box to the early voting precinct, which shall
36- 6 be designated by the superintendent; provided, however,
36- 7 that vote recorder ballots shall be delivered to the
36- 8 tabulating center or other place designated by the
36- 9 superintendent. Such ballots shall be in the custody of
36-10 at least the early ballot clerk and one registrar, deputy
36-11 registrar, or poll worker at all times until the ballots
36-12 are turned over to the chief manager of the early voting
36-13 precinct or, in the case of vote recorder ballots, an
36-14 official at the tabulating center. The early voting
36-15 precinct staff shall consist of a chief manager, two
36-16 assistant managers, and such clerks as the manager deems
36-17 necessary to count the ballots in accordance with the
36-18 procedures set forth in this chapter for other ballots,
36-19 insofar as practicable, and prepare an election return for
36-20 the municipality showing the results of the early votes
36-21 cast in such municipality. In the case of vote recorder
36-22 ballots, the officials at the tabulating center shall
36-23 count such ballots in the manner prescribed in this
36-24 chapter for vote recorder ballots, insofar as practicable,
36-25 and prepare an election return for the municipality
36-26 showing the results of the early votes cast in such
36-27 municipality.
36-28 (e) The poll officers of the early ballot precinct and the
36-29 tabulating center officials shall proceed to the count the
36-30 ballots notwithstanding the fact that the regular polls
36-31 have not closed.
36-32 (f) The early ballot clerk shall deliver with the ballot
36-33 box the rejected ballots, all applications for ballots,
36-34 and the numbered lists of certified and rejected early
36-35 voters. The official receiving the ballots and other
36-36 materials shall give a receipt therefor.
36-37 21-3-287. (Index)
36-38 All official early ballots, applications for such ballots,
36-39 and envelopes on which the forms of affidavits and jurats
36-40 appear shall be delivered to the city clerk upon the
36-41 conclusion of the primary or election and shall be safely
36-42 held by such clerk for the period required by law and then
36-43 shall be destroyed. On the day following the primary or
36-44 election, the early ballot clerk shall transmit all
-36- (Index)
LC 19 2209
37- 1 canceled, spoiled, and unused early ballots to the city
37- 2 clerk to be held with other election materials as provided
37- 3 in Code Section 21-3-409. The early ballot clerk shall
37- 4 also transmit an accounting of all early ballots,
37- 5 including the number furnished by the superintendent, the
37- 6 number issued, the number spoiled, and the number unused."
SECTION 23.
37- 7 Said title is further amended by striking subsection (a) of
37- 8 Code Section 21-3-312, relating to the certified electors
37- 9 list, and inserting in its place a new subsection (a) to
37-10 read as follows:
37-11 "(a) The registrars shall, prior to the hour appointed for
37-12 opening the polls, place in the possession of the managers
37-13 in each precinct one copy of the certified electors list
37-14 for such precinct, such list to contain all the
37-15 information required by law. The list shall indicate the
37-16 name of any elector who has been mailed or delivered an
37-17 absentee early ballot. The list for a given precinct may
37-18 be divided into as many alphabetical sections as is deemed
37-19 necessary. Such list of electors shall be authenticated
37-20 by the signature of the chief registrar and at least one
37-21 other registrar if more than one registrar has been
37-22 appointed by the governing authority. In a primary, where
37-23 the parties do not agree to have only one set of managers
37-24 for a precinct, the electors list shall be delivered to
37-25 the chief manager of the political party which polled the
37-26 highest number of votes in the precinct in the immediately
37-27 preceding election of the presiding officer of the
37-28 governing authority. In addition, the registrars shall at
37-29 the same time place in the possession of the managers of
37-30 each precinct one copy of the list of inactive electors
37-31 for such precinct. The managers of the respective
37-32 precincts shall, on delivery to them of such electors
37-33 lists, return receipts therefor to the registrars, who
37-34 shall keep a record of the time when and the manner in
37-35 which the electors lists are delivered. The registrars
37-36 may, in their discretion, require the managers of the
37-37 respective precincts to call at their office to obtain
37-38 such lists."
SECTION 24.
37-39 Said title is further amended by striking subsections (c)
37-40 and (d) of Code Section 21-3-321, relating to restrictions
-37- (Index)
LC 19 2209
38- 1 on campaign activities, and inserting in their place new
38- 2 subsections (c) and (d), respectively, to read as follows:
38- 3 "(c) No person shall solicit votes in any manner or by any
38- 4 means or method, nor shall any person distribute any
38- 5 campaign literature, newspaper, booklet, pamphlet, card,
38- 6 sign, or any other written or printed matter of any kind,
38- 7 nor shall any person conduct any exit poll or public
38- 8 opinion poll with voters within a room in which absentee
38- 9 early ballots are being cast on any day.
38-10 (d) No person shall solicit signatures for any petition
38-11 within a room in which absentee early ballots are being
38-12 cast on any day."
SECTION 25.
38-13 Said title is further amended by striking subsection (g) of
38-14 Code Section 21-3-362, relating to voting procedures, and
38-15 inserting in its place a new subsection (g) to read as
38-16 follows:
38-17 "(g) The superintendent shall make paper ballots available
38-18 for handicapped electors who, due to their handicap, are
38-19 unable to vote on a voting machine. Absentee Early
38-20 ballots may be used for this purpose. The superintendent
38-21 shall provide sufficient accommodations to permit such a
38-22 handicapped elector to vote in private."
SECTION 26.
38-23 Said title is further amended by striking subsection (g) of
38-24 Code Section 21-3-380, relating to ballot procedures, and
38-25 inserting in its place a new subsection (g) to read as
38-26 follows:
38-27 "(g) The superintendent shall have at least one voting
38-28 booth in each precinct modified or shall make paper
38-29 ballots available for handicapped electors who, due to
38-30 their handicap, are unable to vote on a vote recorder in a
38-31 regular voting booth. Absentee Early ballots may be used
38-32 for this purpose. The superintendent shall provide
38-33 sufficient accommodations to permit such a handicapped
38-34 elector to vote in private."
SECTION 27.
38-35 Said title is further amended by striking subsection (e) of
38-36 Code Section 21-3-383, relating to counting of ballot cards,
38-37 and inserting in its place a new subsection (e) to read as
38-38 follows:
-38- (Index)
LC 19 2209
39- 1 "(e) The official returns of the votes cast on ballot
39- 2 cards at each polling place shall be printed by the
39- 3 tabulating machine, to which shall be added the votes of
39- 4 absentee electors early voters and write-in votes. The
39- 5 returns thus prepared shall be certified and promptly
39- 6 posted as provided by this chapter for paper ballots. The
39- 7 official returns for the primary or election may be
39- 8 printed by the tabulating machine, to which are added the
39- 9 tally of write-in and absentee early votes, and shall be
39-10 canvassed and certified as provided by this chapter. The
39-11 ballot cards, write-in ballots, spoiled, defective, and
39-12 invalid ballot cards, and returns shall be filed and
39-13 retained in the same manner as provided by this chapter
39-14 for paper ballots."
SECTION 28.
39-15 Said title is further amended by striking subsection (d) of
39-16 Code Section 21-3-403, relating to computation and
39-17 tabulation of returns, and inserting in its place a new
39-18 subsection (d) to read as follows:
39-19 "(d) When the returns from the various precincts which are
39-20 entitled to be counted shall have been duly recorded, they
39-21 shall be added together and the absentee early votes and
39-22 write-in votes shall be added to that sum. The results
39-23 shall then be announced and attested by the assistants who
39-24 made and computed the entries, respectively, and shall be
39-25 signed by the superintendent. Immediately after the
39-26 completion of the computation of votes, the superintendent
39-27 shall certify the returns so computed in the manner
39-28 required by this chapter."
SECTION 29.
39-29 Said title is further amended by striking paragraph (3) of
39-30 Code Section 21-3-406, relating to filing of certified
39-31 returns, and inserting in its place a new paragraph (3) to
39-32 read as follows:
39-33 "(3) One copy to be forwarded to the Secretary of State,
39-34 together with a copy of each precinct return and a copy
39-35 of the numbered list of voters of each precinct, as well
39-36 as the returns and numbered list of voters for absentee
39-37 electors early voters; and".
SECTION 30.
39-38 Said title is further amended by striking Code Section
39-39 21-3-453, relating to voting by absentee ballot, and
-39- (Index)
LC 19 2209
40- 1 inserting in its place a new Code Section 21-3-453 to read
40- 2 as follows:
40- 3 "21-3-453. (Index)
40- 4 Any person who votes or attempts to vote by absentee early
40- 5 ballot at any primary or election under Article 10 of this
40- 6 chapter and who is not qualified to vote shall be guilty
40- 7 of a misdemeanor."
SECTION 31.
40- 8 Title 31 of the Official Code of Georgia Annotated,
40- 9 relating to health, is amended by striking paragraph (1) of
40-10 Code Section 31-8-111, relating to rights of residents of
40-11 long-term care facilities, and inserting in its place a new
40-12 paragraph (1) to read as follows:
40-13 "(1) The right to vote. Residents who are eligible to
40-14 vote shall have the right to vote in primary, special,
40-15 and general elections and in referenda. The facility
40-16 shall permit and reasonably assist residents to obtain
40-17 voter registration forms, applications for absentee
40-18 early voting ballots, and absentee early voting ballots
40-19 and to comply with other requirements which are
40-20 prerequisites for voting;".
SECTION 32.
40-21 Title 36 of the Official Code of Georgia Annotated, relating
40-22 to local government, is amended by striking paragraph (6) of
40-23 Code Section 36-34-2, relating to powers relating to
40-24 administration of municipal governments, and inserting in
40-25 its place a new paragraph (6) to read as follows:
40-26 "(6) The power to legislate, regulate, and administer
40-27 all matters pertaining to absentee early voting in
40-28 municipal elections; and".
SECTION 33.
40-29 Title 37 of the Official Code of Georgia Annotated, relating
40-30 to mental health, is amended by striking paragraphs (1) and
40-31 (3) of Code Section 37-3-144, relating to a patient's right
40-32 to vote, and inserting in their place new paragraphs (1) and
40-33 (3), respectively, to read as follows:
40-34 "(1) To obtain voter registration forms, applications
40-35 for absentee early voting ballots, and absentee early
40-36 voting ballots;"
-40- (Index)
LC 19 2209
41- 1 "(3) To vote by absentee early voting ballot if
41- 2 necessary."
SECTION 34.
41- 3 Said title is further amended by striking paragraphs (1) and
41- 4 (3) of Code Section 37-4-104, relating to a client's right
41- 5 to vote, and inserting in their place new paragraphs (1) and
41- 6 (3), respectively, to read as follows:
41- 7 "(1) To obtain voter registration forms, applications
41- 8 for absentee early voting ballots, and absentee early
41- 9 voting ballots;"
41-10 "(3) To vote by absentee early voting ballot if
41-11 necessary."
SECTION 35.
41-12 Said title is further amended by striking paragraphs (1) and
41-13 (3) of Code Section 37-7-144, relating to a patient's right
41-14 to vote, and inserting in their place new paragraphs (1) and
41-15 (3), respectively, to read as follows:
41-16 "(1) To obtain voter registration forms, applications
41-17 for absentee early voting ballots, and absentee early
41-18 voting ballots;"
41-19 "(3) To vote by absentee early voting ballot if
41-20 necessary."
SECTION 36.
41-21 All laws and parts of laws in conflict with this Act are
41-22 repealed.
-41- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97