HB 63 - Elections; early voting provisions
Georgia House of Representatives - 1995/1996 Sessions
HB 63 - Elections; early voting provisions
1. Holmes 53rd
House Comm: GAff / Senate Comm: /
House Vote: Yeas 40 Nays 127 Senate Vote: Yeas Nays
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House Action Senate
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1/9/95 Read 1st Time
1/10/95 Read 2nd Time
2/2/95 Favorably Reported
Sub Committee Amend/Sub
2/7/95 Read 3rd Time
2/7/95 Lost
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Rules Suspended to Introduce
Code Sections amended: 21-2-40, 21-2-50, 21-2-216, 21-2-218, 21-2-219, 21-2-230,
21-2-287, 21-2-380, 21-2-381, 21-2-382, 21-2-383, 21-2-384, 21-2-385, 21-2-386,
21-2-573, 21-3-7.1, 21-3-188, 21-3-280, 21-3-281, 21-3-282, 21-3-283, 21-3-284,
21-3-285, 21-3-286, 21-3-287, 21-3-362, 21-3-380, 21-3-383, 21-3-403, 21-3-406,
21-3-453, 36-34-2, 37-3-144, 37-4-104, 37-7-144
HB 63 LC 22 1526S
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 22 1526S
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 22 1526S
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 22 1526S
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 21-2-385absentee 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 22 1526S
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 is
5-18 75 years of age or older; or
5-19 (3) Because of physical disability, will not be able to
5-20 vote early in person or be present at the polls on the
5-21 day of the primary or election in which such elector
5-22 desires to vote.
5-23 21-2-381. (Index)
5-24 (a) The superintendent shall, as soon as practical prior
5-25 to each primary or election, but at least 45 days prior to
5-26 any general primary or general election, prepare or obtain
5-27 and deliver an adequate supply of official early ballots,
5-28 special write-in ballots, envelopes, and other supplies as
5-29 required by this article to the board of registrars for
5-30 use in the primary or election.
5-31 (b) Ballots for use by early voters shall be marked
5-32 'Official Early Ballot' and shall be in the form required
5-33 by Article 8 of this chapter, except that in counties
5-34 using vote recorders the ballots shall be in substantially
5-35 the form for ballot labels required by Article 9 of this
5-36 chapter so as to permit the ballot to be machine
5-37 tabulated. Special write-in ballots shall be for
5-38 presidential electors and United States senator or
-5- (Index)
LC 22 1526S
6- 1 representative in Congress and shall permit the elector to
6- 2 vote by writing in a party preference for each office, the
6- 3 names of specific candidates for each office, or the name
6- 4 of the person whom the voter prefers for each office. The
6- 5 special write-in ballot shall be available for the
6- 6 November general election only. Voting machines shall not
6- 7 be used for early voting. The Secretary of State shall
6- 8 determine and prescribe the form for all early ballots and
6- 9 special write-in ballots.
6-10 (c) The superintendent shall provide two envelopes for
6-11 each official early ballot of such size and shape as shall
6-12 be determined by the Secretary of State in order to permit
6-13 the placing of one within the other. On the smaller of
6-14 the two envelopes, which shall be called the 'ballot
6-15 envelope,' shall be printed the words 'Official Early
6-16 Ballot' and nothing else. On the back of the larger of
6-17 the two envelopes, which shall be called the 'oath
6-18 envelope,' shall be printed the form of the oath of the
6-19 elector and the oath for persons assisting electors, as
6-20 provided for in Code Section 21-2-409, and the penalties
6-21 provided for in Code Sections 21-2-568, 21-2-573,
6-22 21-2-579, and 21-2-598 and on the face thereof shall be
6-23 printed the name and address of the board of registrars.
6-24 In addition, the superintendent shall provide a sufficient
6-25 number of mailing envelopes of a size and shape as shall
6-26 be determined by the Secretary of State in order to permit
6-27 the placing of the ballot; the ballot envelope; the oath
6-28 envelope; the instructions for the manner of preparing and
6-29 returning the ballot, the form and substance of which
6-30 shall be determined by the Secretary of State; and
6-31 supplies needed to vote the ballot, if any.
6-32 (d) The oaths referred to in subsection (c) of this Code
6-33 section shall be in substantially the following form:
6-34 I, the undersigned, do swear (or affirm) that I am a
6-35 citizen of the United States and of the State of
6-36 Georgia; that my residence address is __________ County,
6-37 Georgia; that I possess the qualifications of an elector
6-38 required by the laws of the State of Georgia; that I am
6-39 entitled to vote in the precinct containing my residence
6-40 in the primary or election in which this ballot is to be
6-41 cast; that I am eligible to vote by early ballot; that I
6-42 have not voted and will not vote any other early ballot
6-43 in such primary or election nor shall I vote therein in
6-44 person at the polls; and that I have read and understand
-6- (Index)
LC 22 1526S
7- 1 the instructions accompanying this ballot and I have
7- 2 carefully complied with such instructions in completing
7- 3 this ballot.
7- 4 ___________________ ________________
7- 5 Elector's Residence Month and Day of
7- 6 Address Elector's Birth
____________________
Signature or Mark of
Elector
7- 7 Oath of Person Assisting Elector (if any):
7- 8 I, the undersigned, do swear (or affirm) that I assisted
7- 9 the above-named elector in marking and completing such
7-10 elector's early ballot as such elector personally
7-11 communicated such elector's preference to me; that I am
7-12 satisfied that such elector presently possesses the
7-13 disability noted below; and that by reason of such
7-14 disability such elector is entitled to receive
7-15 assistance in voting under the provisions of subsection
7-16 (a) of Code Section 21-2-409.
7-17 This, the ______ day of _________________, 19__.
___________________
Signature of Person
Assisting Elector
__________________________
Relationship of Person
Assisting Elector (if any)
7-18 Reason for assistance (Check appropriate square):
7-19 ( ) Elector is unable to read the English language.
7-20 ( ) Elector has the following physical disability
7-21 (list the specific disability which caused the
7-22 elector to require assistance in voting):
7-23 _____________.
7-24 The forms upon which such oaths are printed shall contain
7-25 the following information:
7-26 Georgia law provides, in subsection (b) of Code Section
7-27 21-2-409, that no person shall assist more than ten
7-28 electors in any primary or election.
7-29 Georgia law further provides that any person who
7-30 illegally votes by early ballot or who illegally gives
-7- (Index)
LC 22 1526S
8- 1 or receives assistance in voting, as specified in Code
8- 2 Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty
8- 3 of a misdemeanor.
8- 4 21-2-382. (Index)
8- 5 (a) After the official early ballots are delivered to the
8- 6 board of registrars, any early voter may vote an early
8- 7 ballot by appearing at the main office of the board of
8- 8 registrars or at any other such location within the county
8- 9 as may be designated by the board of registrars for the
8-10 purpose of early voting and completing an early voter's
8-11 certificate and presenting such certificate to the
8-12 registrars. The registrars shall examine the voter's
8-13 certificate and determine if the early voter is entitled
8-14 to vote. Upon determining that the early voter is
8-15 entitled to vote, the registrar shall initial the voter's
8-16 certificate, record the name of the early voter on the
8-17 numbered list of early voters for the early voter's
8-18 precinct in the order of voting, record the number of the
8-19 stub of the ballot issued to the early voter, issue the
8-20 ballot to the early voter, and insert the voter's
8-21 certificate in the binder provided therefor.
8-22 (b) If an early voter was unable to sign such early
8-23 voter's name at the time of registration or if, having
8-24 been able to sign such early voter's name when registered,
8-25 such early voter shall have become, through physical
8-26 disability, unable to sign such early voter's name when
8-27 such early voter applies to vote, such early voter shall
8-28 establish such early voter's identity to the satisfaction
8-29 of the registrars; and in such case such early voter shall
8-30 not be required to sign a voter's certificate, but a
8-31 certificate shall be prepared for such early voter by a
8-32 registrar, upon which the facts of the disability shall be
8-33 noted and attested by the signature of such registrar.
8-34 (c) The form of the voter's certificate for use by early
8-35 voters shall be determined by the Secretary of State and
8-36 shall be in substantially the same form as the voter's
8-37 certificate specified in Code Section 21-2-402.
8-38 (d) Upon being issued an early ballot, the early voter
8-39 shall then and there vote the early ballot within the
8-40 confines of the main office of the board of registrars or
8-41 at such other location within the county as may be
8-42 designated by the board of registrars for the purpose of
8-43 early voting. The registrars shall furnish accommodations
-8- (Index)
LC 22 1526S
9- 1 to the early voter to ensure the privacy of the early
9- 2 voter while voting the ballot. After voting the ballot,
9- 3 the early voter shall fold the ballot as necessary and
9- 4 enclose and securely seal the ballot in the ballot
9- 5 envelope on which is printed the words 'Official Early
9- 6 Ballot.' The sealed ballot envelope shall then be placed
9- 7 inside the oath envelope and securely sealed. The early
9- 8 voter shall then fill out, subscribe, and swear to the
9- 9 oath printed on such envelope. If the early voter
9-10 received assistance in preparing the ballot, the person
9-11 rendering assistance to the early voter shall fill out,
9-12 subscribe, and swear to the oath of assistance printed on
9-13 the same envelope as the early voter's oath. The ballot
9-14 so enclosed in such envelopes shall then be placed in a
9-15 locked ballot box provided by the registrars for such
9-16 ballots. Such ballot box shall, in addition to a lock, be
9-17 secured with a prenumbered plastic or metal seal. Said
9-18 seal shall be attached to the box by the registrars in
9-19 public in the presence of the clerk of superior court and
9-20 the judge of the probate court prior to the first ballot's
9-21 being deposited into the box and after the clerk of
9-22 superior court and judge of the probate court have
9-23 inspected the ballot box to verify that the box is empty.
9-24 The number of the seal shall be recorded by the
9-25 registrars, the clerk of superior court, and the judge of
9-26 the probate court and retained on file in their offices
9-27 until the time for contesting the primary or election has
9-28 passed. Such numbers shall be available for public
9-29 inspection.
9-30 (e) A physically disabled or illiterate early voter may
9-31 receive assistance in preparing such early voter's ballot
9-32 from one of the following: any elector who is qualified
9-33 to vote in the same county as the disabled or illiterate
9-34 early voter or the mother, father, grandparent, aunt,
9-35 uncle, brother, sister, spouse, son, daughter, niece,
9-36 nephew, grandchild, son-in-law, daughter-in-law,
9-37 mother-in-law, father-in-law, brother-in-law, or
9-38 sister-in-law of the disabled or illiterate early voter.
9-39 No person shall assist more than ten electors in any
9-40 primary, election, or runoff.
9-41 21-2-383. (Index)
9-42 (a) Not more than 180 days prior to the date of the
9-43 primary or election, or runoff of either, an early voter,
9-44 as defined in paragraphs (2) and (3) of Code Section
-9- (Index)
LC 22 1526S
10- 1 21-2-380, may make an application to the board of
10- 2 registrars of the county of the early voter's residence
10- 3 for an official early ballot of such early voter's
10- 4 precinct to be voted at such primary, election, or runoff
10- 5 to be mailed to such early voter. In addition,
10- 6 applications for early ballots for such early voters may
10- 7 be made, upon satisfactory proof of relationship, by such
10- 8 early voter's mother, father, grandparent, aunt, uncle,
10- 9 sister, brother, spouse, son, daughter, niece, nephew,
10-10 grandchild, son-in-law, daughter-in-law, mother-in-law,
10-11 father-in-law, brother-in-law, or sister-in-law of the age
10-12 of 18 or over. Such applications may be made by mail, by
10-13 facsimile transmission, or in person at the registrars'
10-14 office.
10-15 (b) Such applications shall be in writing and shall
10-16 contain the following:
10-17 (1) Sufficient information for proper identification of
10-18 the early voter;
10-19 (2) The address to which the early ballot is to be
10-20 mailed;
10-21 (3) The identity of the primary, election, or runoff in
10-22 which the early voter desires to vote;
10-23 (4) The name and relationship of the person requesting
10-24 the ballot on behalf of the early voter, if any;
10-25 (5) If an early voter as defined in paragraph (2) of
10-26 Code Section 21-2-380, a statement that the early voter
10-27 will be absent from the county during the entire time
10-28 during which early ballots are available for voting
10-29 early in person and that the early voter will be absent
10-30 from the county on the day of the primary or election in
10-31 which such early voter desires to vote the entire time
10-32 the polls are open;
10-33 (6) If an early voter as defined in paragraph (3) of
10-34 Code Section 21-2-380, a statement that the early voter
10-35 will not be able to vote early in person or be present
10-36 at the polls on the day of the primary or election in
10-37 which the early voter desires to vote because of
10-38 physical disability and a statement of the nature of the
10-39 physical disability; and
10-40 (7) If requesting a special write-in ballot, a statement
10-41 that the early voter is unable to vote by regular early
10-42 ballot or in person due to requirements of military
-10- (Index)
LC 22 1526S
11- 1 service or due to living in isolated areas or extremely
11- 2 remote areas of the world. This statement may be made
11- 3 on the federal post card application or on a form
11- 4 prepared by the Secretary of State and returned with the
11- 5 special write-in ballot.
11- 6 (c) Relatives applying for an early ballot for early
11- 7 voters must also sign an oath stating that the facts in
11- 8 the application are true.
11- 9 (d) If an early voter is unable to fill out or sign the
11-10 application because of illiteracy or physical disability,
11-11 the early voter shall make such early voter's mark and the
11-12 person filling in the rest of the application shall sign
11-13 such person's name below the mark as a witness.
11-14 (e) Early ballot applications by or on behalf of early
11-15 voters, as defined in paragraph (3) of Code Section
11-16 21-2-380, must be accompanied by a certificate of a doctor
11-17 or nurse stating that the early voter possesses the
11-18 physical disability claimed, whether such disability is
11-19 temporary or permanent, and that such physical disability
11-20 prevents the early voter from voting early in person or at
11-21 the polls; provided, however, that, for electors with
11-22 permanent such disabilities, one such certificate shall be
11-23 sufficient for all future elections unless such early
11-24 voter changes such early voter's county of residence. The
11-25 registrars shall record the fact of such permanent
11-26 disability on the elector's registration records.
11-27 (f) One timely and proper application for an early ballot
11-28 for use in a primary, including the presidential
11-29 preference primary, shall be sufficient to require the
11-30 mailing of an early ballot to an eligible early voter who
11-31 lives outside the county and is also a member of the armed
11-32 forces of the United States, a member of the merchant
11-33 marine of the United States, a spouse or dependent of a
11-34 member of the armed forces or merchant marine residing
11-35 with or accompanying such member, or an overseas citizen
11-36 for such primary as well as for any runoffs resulting
11-37 therefrom and for the election for which such primary
11-38 shall nominate candidates and any runoffs resulting
11-39 therefrom. Further, such application for an early ballot
11-40 to be used in any election shall be sufficient to require
11-41 the mailing of an early ballot for any runoffs resulting
11-42 from such election. A separate and distinct application
11-43 is required for special primaries and special elections.
11-44 A properly executed registration card submitted under the
-11- (Index)
LC 22 1526S
12- 1 provisions of subsection (b) of Code Section 21-2-219, if
12- 2 submitted within 180 days of a primary or election in
12- 3 which the registrant is entitled to vote, shall be
12- 4 considered to be an application for an early ballot or a
12- 5 special write-in ballot, as appropriate.
12- 6 (g)(1) A citizen of the United States permanently
12- 7 residing outside of the United States is entitled to
12- 8 make application for an early ballot from Georgia and to
12- 9 vote by early ballot in any election for presidential
12-10 electors and United States senator or representative in
12-11 Congress:
12-12 (A) If such citizen was last domiciled in Georgia
12-13 immediately before such citizen's departure from the
12-14 United States; and
12-15 (B) If such citizen could have met all qualifications
12-16 to vote in federal elections even though, while
12-17 residing outside the United States, such citizen does
12-18 not have a place of abode or other address in Georgia.
12-19 (2) An individual is entitled to make application for an
12-20 early ballot under paragraph (1) of this subsection even
12-21 if such individual's intent to return to Georgia may be
12-22 uncertain, as long as:
12-23 (A) Such individual has complied with all applicable
12-24 Georgia qualifications and requirements which are
12-25 consistent with 42 U.S.C. Section 1973ff concerning
12-26 absentee registration for and voting by absentee
12-27 ballots;
12-28 (B) Such individual does not maintain a domicile, is
12-29 not registered to vote, and is not voting in any other
12-30 state or election district of a state or territory or
12-31 in any territory or possession of the United States;
12-32 and
12-33 (C) Such individual has a valid passport or card of
12-34 identity issued under the authority of the Secretary
12-35 of State of the United States or, in lieu thereof, an
12-36 alternative form of identification consistent with 42
12-37 U.S.C. Section 1973ff and applicable state
12-38 requirements, if a citizen does not possess a valid
12-39 passport or card of identity and registration.
12-40 (h) The application for a special write-in ballot may be
12-41 made on the federal post card application form or on a
12-42 form prescribed by the Secretary of State.
-12- (Index)
LC 22 1526S
13- 1 (i) Upon receipt of a timely application from an early
13- 2 voter under this Code section, the registrars shall enter
13- 3 thereon the date received and shall determine if the
13- 4 applicant is eligible to vote in the primary or election
13- 5 involved. If the early voter is found eligible, the
13- 6 registrars shall certify by signing in the proper place on
13- 7 the application and shall mail an early ballot to the
13- 8 address listed in the application. No ballot shall be
13- 9 mailed to an address other than the permanent mailing
13-10 address which has been recorded on the elector's
13-11 registration card, the permanent in-county address, or
13-12 temporary out-of-county address of the early voter. If
13-13 the early voter is found ineligible, the registrars shall
13-14 deny the application by writing the reason for rejection
13-15 in the proper space on the application and shall promptly
13-16 notify the applicant in writing of the ground of such
13-17 applicant's ineligibility. A copy of the notification
13-18 shall be retained on file in the main office of the
13-19 registrars for at least one year. If the registrars are
13-20 unable to determine the identity of the early voter from
13-21 the information given on the application, the registrars
13-22 shall promptly write to request additional information.
13-23 In the case of an unregistered applicant who is eligible
13-24 for registration, the registrars shall immediately mail a
13-25 blank registration card as provided in Code Section
13-26 21-2-223, and such applicant, if otherwise qualified,
13-27 shall be deemed eligible to vote by early ballot in such
13-28 primary or election, if the registration card, properly
13-29 completed, is returned to the registrars on or before the
13-30 last day for registering to vote in such primary or
13-31 election. If the closing date for registration in the
13-32 primary or election concerned has not passed, the
13-33 registrars shall also mail an early ballot to the
13-34 applicant, as soon as the ballots are prepared and
13-35 available; and the ballot shall be cast therein if the
13-36 applicant returns the registration card timely, is found
13-37 eligible to vote, and returns the early ballot timely.
13-38 (j) In those counties in which the board of registrars
13-39 provides application forms for early ballots, the
13-40 registrars shall provide such quantity of the application
13-41 form to the president of each college or university
13-42 located in that county as said president determines
13-43 necessary for the students of such president's college or
13-44 university.
-13- (Index)
LC 22 1526S
14- 1 (k) The registrars shall, within two days after receipt of
14- 2 the early ballots and supplies from the superintendent,
14- 3 mail official early ballots to all eligible applicants
14- 4 and, as additional applicants are determined to be
14- 5 eligible, the registrars shall mail official early ballots
14- 6 immediately upon determining their eligibility. No early
14- 7 ballots shall be mailed on the day prior to a primary or
14- 8 election. The date a ballot is mailed and the date the
14- 9 ballot is returned shall be entered on the application
14-10 therefor. In the event an early ballot which has been
14-11 mailed by the registrars is not received by the applicant,
14-12 the applicant may notify the registrars and sign an
14-13 affidavit stating that the ballot has not been received.
14-14 The registrars shall then issue a second early ballot to
14-15 the applicant and cancel the original ballot issued. The
14-16 affidavit shall be attached to the original application
14-17 and a second application shall not be required.
14-18 (l) At any time after receiving the early ballot, but
14-19 before the date of the primary or election involved, the
14-20 early voter shall vote the ballot, fold the ballot as
14-21 necessary, and enclose and securely seal the ballot in the
14-22 ballot envelope on which is printed 'Official Early
14-23 Ballot.' The sealed ballot envelope shall then be placed
14-24 inside the oath envelope and securely sealed. The early
14-25 voter shall then fill out, subscribe, and swear to the
14-26 oath printed on such envelope. If the early voter
14-27 received assistance in preparing the ballot, the person
14-28 rendering assistance to the early voter shall fill out,
14-29 subscribe, and swear to the oath of assistance printed on
14-30 the same envelope as the early voter's oath. The early
14-31 voter shall then mail the ballot to the board of
14-32 registrars; provided, however, that the ballots of
14-33 physically disabled early voters may be delivered to the
14-34 board of registrars by any adult person upon satisfactory
14-35 proof that such adult person is the early voter's mother,
14-36 father, grandparent, aunt, uncle, brother, sister, spouse,
14-37 son, daughter, niece, nephew, grandchild, son-in-law,
14-38 daughter-in-law, mother-in-law, father-in-law,
14-39 brother-in-law, sister-in-law, or an individual residing
14-40 in the household of such early voter.
14-41 (m) A physically disabled early voter may receive
14-42 assistance in preparing such early voter's ballot by any
14-43 of the persons listed in subsection (e) of Code Section
14-44 21-2-382 and, if the physically disabled early voter is
-14- (Index)
LC 22 1526S
15- 1 sojourning outside such voter's own county, a notary
15- 2 public of the jurisdiction.
15- 3 (n) Upon receiving an early ballot pursuant to this Code
15- 4 section, the registrars shall write the day and hour of
15- 5 the receipt of the ballot on its envelope. The registrars
15- 6 shall then compare the identifying information on the oath
15- 7 with the information on file in the registrars' office and
15- 8 shall, if the information and signature appear to be
15- 9 valid, so certify by signing below the voter's oath. Each
15-10 early voter so certified shall be listed by the registrars
15-11 on the numbered list of early voters for the early voter's
15-12 precinct. If the early voter has failed to sign the oath,
15-13 if the signature does not appear to be valid, if the early
15-14 voter has failed to furnish required information such that
15-15 the voter's identity cannot be verified, if the
15-16 information supplied by the early voter does not conform
15-17 to that on file in the registrar's office, or if the early
15-18 voter is otherwise found disqualified to vote, the
15-19 registrars shall write across the face of the envelope
15-20 'Rejected,' giving the reason therefor. The registrars
15-21 shall promptly notify the early voter in writing of such
15-22 rejection. A copy of such notification shall be retained
15-23 in the files of the board of registrars for at least one
15-24 year. The name of the early voter so rejected and the
15-25 reason for the rejection shall be entered on the numbered
15-26 list of rejected early voters. All certified early
15-27 ballots shall be deposited in a locked ballot box along
15-28 with the early ballots voted in person. Such ballot box
15-29 shall, in addition to a lock, be secured with a
15-30 prenumbered plastic or metal seal. Said seal shall be
15-31 attached to the box by the registrars in public in the
15-32 presence of the clerk of superior court and the judge of
15-33 the probate court prior to the first ballot's being
15-34 deposited into the box and after the clerk of superior
15-35 court and judge of the probate court have inspected the
15-36 ballot box to verify that the box is empty. The number of
15-37 the seal shall be recorded by the registrars, the clerk of
15-38 superior court, and the judge of the probate court and
15-39 retained on file in their offices until the time for
15-40 contesting the primary or election has passed. Such
15-41 numbers shall be available for public inspection.
15-42 (o) In order to be counted, an early ballot must be
15-43 received by the board of registrars before the opening of
15-44 the polls on the day of the primary or election. Ballots
15-45 received after that time shall be safely kept unopened by
-15- (Index)
LC 22 1526S
16- 1 the registrars for the period of time required for the
16- 2 preservation of ballots used at the primary or election
16- 3 and shall then, without being opened, be destroyed in like
16- 4 manner as the used ballots of the primary or election.
16- 5 The board of registrars shall promptly notify the early
16- 6 voters by first-class mail that the early voter's ballot
16- 7 was returned too late to be counted and that the early
16- 8 voter will not receive credit for voting in the primary or
16- 9 election.
16-10 (p) An early voter, as defined by paragraph (3) of Code
16-11 Section 21-2-380, who is confined to a hospital on the day
16-12 of a primary or election or within a period of five days
16-13 immediately preceding the primary or election or who, due
16-14 to sudden illness or injury during this time period, is
16-15 confined to a residence on the day of a primary or
16-16 election may request the registrars personally to deliver
16-17 an early ballot to such early voter. The board of
16-18 registrars is authorized, but not required, to comply with
16-19 such request. Such early voter to whom an early ballot is
16-20 delivered in person by a registrar shall vote the ballot
16-21 then and there in accordance with the procedures contained
16-22 in this Code section, shall then seal such ballot, and
16-23 shall return it to the registrar. Any such ballots
16-24 personally delivered by a registrar must be returned to
16-25 the office of the board of registrars by 12:00 Noon on the
16-26 day of the primary or election in order to be counted.
16-27 21-2-384. (Index)
16-28 (a) When an early ballot has been voted in person or has
16-29 been returned to the board of registrars, it shall be
16-30 deemed to have been voted then and there and no other
16-31 ballot shall be issued to the voter.
16-32 (b) The main office shall and other such locations within
16-33 the county as may be designated by the board of registrars
16-34 for the purpose of early voting may be open for a
16-35 reasonable period of time on the two Saturdays immediately
16-36 prior to each primary, election, or runoff of either, for
16-37 the purpose of early voting. Such period of time shall
16-38 not be less than two hours.
16-39 (c) Whenever it shall appear by due proof to the
16-40 registrars that an early voter who has voted by early
16-41 ballot has died prior to the opening of the polls on the
16-42 day of the primary or election, the ballot of such
16-43 deceased elector shall be void and shall not be opened.
-16- (Index)
LC 22 1526S
17- 1 The ballot shall be treated in the same manner as provided
17- 2 for rejected ballots.
17- 3 (d) The postage required for mailing ballots to early
17- 4 voters, as provided for in this article, shall be paid by
17- 5 the county, except in cases where free mail delivery is
17- 6 furnished by the federal government.
17- 7 (e) The board of registrars shall maintain for public
17- 8 inspection a master list, arranged by precinct, of early
17- 9 voters to whom a ballot has been sent or who have voted in
17-10 person. Early voters whose names appear upon such list
17-11 may be challenged in writing by any elector of the county
17-12 prior to the opening of the polls on the day of the
17-13 primary or election.
17-14 21-2-385. (Index)
17-15 (a) No later than the time for the opening of the polls on
17-16 the day of the primary or election, the ballot boxes
17-17 located at any additional locations within the county as
17-18 may be designated by the board of registrars for the
17-19 purpose of early voting shall be transported to the main
17-20 office of the board of registrars.
17-21 (b) Beginning no earlier than the time for the opening of
17-22 the polls on the day of the primary or election, the board
17-23 of registrars shall open the ballot boxes and begin
17-24 processing the early ballots. Not less than two
17-25 registrars or deputy registrars shall be present at all
17-26 times while the ballots are being processed and such
17-27 processing shall be done in public.
17-28 (c) The registrars shall process the early ballots by
17-29 opening the oath envelope in such a manner as not to
17-30 destroy the oath printed thereon and opening the ballot
17-31 envelope and depositing the ballot into a ballot box
17-32 reserved for that purpose without disclosing the markings
17-33 on the ballot. If an early voter's right to vote has been
17-34 challenged for cause, the registrars shall write
17-35 'Challenged,' the early voter's name, and the alleged
17-36 cause of the challenge on the back of the ballot, without
17-37 disclosing the markings on the face thereof, and deposit
17-38 the ballot in the ballot box.
17-39 (d) After removing the ballots from the ballot envelopes
17-40 and the oath envelopes and depositing the ballots into the
17-41 ballot box, the registrars shall, at the close of the
17-42 polls on the day of the primary or election, deliver the
-17- (Index)
LC 22 1526S
18- 1 ballot box to the early voting precinct, which shall be
18- 2 designated by the superintendent, which shall be located
18- 3 in the same precinct which contains the county courthouse;
18- 4 provided, however, that vote recorder ballots shall be
18- 5 delivered to the tabulating center or other place
18- 6 designated by the superintendent. Such ballots shall be
18- 7 in the custody of two registrars or deputy registrars at
18- 8 all times until the ballots are turned over to the chief
18- 9 manager of the early voting precinct or, in the case of
18-10 vote recorder ballots, an official at the tabulating
18-11 center. The early voting precinct staff shall consist of
18-12 a chief manager, two assistant managers, and such clerks
18-13 as the manager deems necessary to count the ballots in
18-14 accordance with the procedures set forth in this chapter
18-15 for other ballots, insofar as practicable, and prepare an
18-16 election return for the county showing the results of the
18-17 early votes cast in such county. In the case of vote
18-18 recorder ballots, the officials at the tabulating center
18-19 shall count such ballots in the manner prescribed in this
18-20 chapter for vote recorder ballots, insofar as practicable,
18-21 and prepare an election return for the county showing the
18-22 results of the early votes cast in such county.
18-23 (e) The registrars shall deliver with the ballot box the
18-24 rejected ballots, all applications for ballots, and the
18-25 numbered lists of certified and rejected early voters.
18-26 The official receiving the ballots and other materials
18-27 shall give a receipt therefor.
18-28 (f) Any other provision of law to the contrary
18-29 notwithstanding, if at any primary, general, or special
18-30 election in any county any question is to be voted on
18-31 involving any political subdivision which includes less
18-32 than the entire county, all early ballots shall be
18-33 separated by precinct for counting purposes; and separate
18-34 returns shall be certified for each precinct in which
18-35 early ballots were cast.
18-36 21-2-386. (Index)
18-37 All official early ballots, applications for such ballots,
18-38 and envelopes on which the forms of affidavits and jurats
18-39 appear shall be delivered to the clerk of superior court
18-40 upon the conclusion of the primary or election and shall
18-41 be safely held by such clerk for the period required by
18-42 law and then shall be destroyed. On the day following the
18-43 primary or election, the board of registrars shall
18-44 transmit all canceled, spoiled, and unused early ballots
-18- (Index)
LC 22 1526S
19- 1 to the clerk of superior court to be held with other
19- 2 election materials as provided in Code Section 21-2-500.
19- 3 The registrars shall also transmit an accounting of all
19- 4 early ballots, including the number furnished by the
19- 5 superintendent, the number issued, the number spoiled, and
19- 6 the number unused."
SECTION 9.
19- 7 Said title is further amended by striking subsection (b) of
19- 8 Code Section 21-2-401, relating to duties of election
19- 9 officials, and inserting in its place a new subsection (b)
19-10 to read as follows:
19-11 "(b) The registrars shall, prior to the hour appointed for
19-12 opening the polls, place in the possession of the managers
19-13 in each precinct one copy of the certified electors list
19-14 for such precinct, such list to contain all the
19-15 information required by law. The list shall indicate the
19-16 name of any elector who has been mailed or delivered who
19-17 has voted an absentee early ballot. The list for a given
19-18 precinct may be divided into as many alphabetical sections
19-19 as is deemed necessary. Such list of electors shall be
19-20 authenticated by the signatures of at least two of the
19-21 registrars. In addition, the registrars shall at the same
19-22 time place in the possession of the managers in each
19-23 precinct one copy of the list of inactive electors for
19-24 such precinct. The managers of the respective precincts
19-25 shall, on delivery to them of such electors lists, return
19-26 receipts therefor to the registrars, who shall keep a
19-27 record of the time when and the manner in which the
19-28 electors lists are delivered. The registrars may, in
19-29 their discretion, require the managers of the respective
19-30 precincts to call at their office to obtain such lists."
SECTION 10.
19-31 Said title is further amended by striking subsections (c)
19-32 and (d) of Code Section 21-2-414, relating to restrictions
19-33 on campaign activities, and inserting in their place new
19-34 subsections (c) and (d), respectively, to read as follows:
19-35 "(c) No person shall solicit votes in any manner or by any
19-36 means or method, nor shall any person distribute any
19-37 campaign literature, newspaper, booklet, pamphlet, card,
19-38 sign, or any other written or printed matter of any kind,
19-39 nor shall any person conduct any exit poll or public
19-40 opinion poll with voters within a room in which absentee
19-41 early ballots are being cast on any day.
-19- (Index)
LC 22 1526S
20- 1 (d) No person shall solicit signatures for any petition
20- 2 within a room in which absentee early ballots are being
20- 3 cast on any day."
SECTION 11.
20- 4 Said title is further amended by striking subsection (c) of
20- 5 Code Section 21-2-431, relating to voters certificates, and
20- 6 inserting in its place a new subsection (c) to read as
20- 7 follows:
20- 8 "(c) Except as provided in Code Sections 21-2-218 and
20- 9 21-2-386 Article 10 of this chapter, no person shall vote
20-10 at any primary or election at any polling place outside
20-11 the precinct in which such person resides, nor shall such
20-12 person vote in the precinct in which such person resides
20-13 unless such person has been registered as an elector and
20-14 such person's name appears on the electors list of such
20-15 precinct."
SECTION 12.
20-16 Said title is further amended by striking subsection (c) of
20-17 Code Section 21-2-451, relating to execution of a voter's
20-18 certificate, and inserting in its place a new subsection (c)
20-19 to read as follows:
20-20 "(c) Except as provided in Code Sections 21-2-218 and
20-21 21-2-386 Article 10 of this chapter, no person shall vote
20-22 at any primary or election at any polling place outside
20-23 the precinct in which such person resides, nor shall such
20-24 person vote in the precinct in which such person resides
20-25 unless such person has been registered as an elector and
20-26 such person's name appears on the electors list of such
20-27 precinct."
SECTION 13.
20-28 Said title is further amended by striking subsection (h) of
20-29 Code Section 21-2-452, relating to voting procedures, and
20-30 inserting in its place a new subsection (h) to read as
20-31 follows:
20-32 "(h) The superintendent shall make paper ballots available
20-33 for handicapped electors who, due to their handicap, are
20-34 unable to vote on a voting machine. Absentee Early
20-35 ballots may be used for this purpose. The superintendent
20-36 shall provide sufficient accommodations to permit such a
20-37 handicapped elector to vote in private."
-20- (Index)
LC 22 1526S
SECTION 14.
21- 1 Said title is further amended by striking subsection (g) of
21- 2 Code Section 21-2-470, relating to ballot procedures, and
21- 3 inserting in its place a new subsection (g) to read as
21- 4 follows:
21- 5 "(g) The superintendent shall have at least one voting
21- 6 booth in each precinct modified or shall make paper
21- 7 ballots available for handicapped electors who, due to
21- 8 their handicap, are unable to vote on a vote recorder in a
21- 9 regular voting booth. Absentee Early ballots may be used
21-10 for this purpose. The superintendent shall provide
21-11 sufficient accommodations to permit such a handicapped
21-12 elector to vote in private."
SECTION 15.
21-13 Said title is further amended by striking subsections (f)
21-14 and (g) of Code Section 21-2-471, relating to ballots and
21-15 returns, and inserting in their place new subsections (f)
21-16 and (g), respectively, to read as follows:
21-17 "(f) The official returns of the votes cast on ballot
21-18 cards at each polling place shall be printed by the
21-19 tabulating machine, to which shall be added the votes of
21-20 absentee electors early voters and write-in votes. The
21-21 returns thus prepared shall be certified and promptly
21-22 posted as provided by this chapter for paper ballots. The
21-23 official returns for the primary or election may be
21-24 printed by the tabulating machine, to which are added the
21-25 tally of write-in and absentee early votes, and shall be
21-26 canvassed and certified as provided by this chapter. The
21-27 ballot cards, write-in ballots, spoiled, defective, and
21-28 invalid ballot cards, and returns shall be filed and
21-29 retained in the same manner as provided by this chapter
21-30 for paper ballots.
21-31 (g) The final canvass of the votes cast on vote recorders
21-32 and counted by tabulating machines in a primary or
21-33 election may be made by adding the results as determined
21-34 by the superintendent to the results of the canvass of
21-35 votes cast by absentee electors early voters and write-in
21-36 votes and making the statement of the vote in the manner
21-37 provided for the particular primary or election. If paper
21-38 ballots or voting machines are used in part of the county
21-39 for all or a part of the primary or election, such votes
21-40 shall be canvassed in the manner provided by this chapter
-21- (Index)
LC 22 1526S
22- 1 and shall be added to the votes cast on ballot cards as
22- 2 provided by this chapter."
SECTION 16.
22- 3 Said title is further amended by striking subsections (j)
22- 4 and (m) of Code Section 21-2-493, relating to computation
22- 5 and tabulation of returns, and inserting in their place a
22- 6 new subsection (j) to read as follows:
22- 7 "(j) The superintendent shall see that the votes shown by
22- 8 each absentee early ballot are added to the return
22- 9 received from the precinct of the elector casting such
22-10 ballot."
22-11 "(m) Notwithstanding any provision of law to the contrary,
22-12 with respect to the presidential preference primary to be
22-13 held in 1992, the superintendent shall begin to compute
22-14 and consolidate the returns from each precinct and all
22-15 absentee ballots cast through 7:00 P.M. on the date of the
22-16 presidential preference primary not later than 12:00 Noon
22-17 on the day following the date of the presidential
22-18 preference primary in accordance with the procedures set
22-19 forth in this Code section. Upon the conclusion of the
22-20 consolidation, the superintendent shall announce the
22-21 results of the consolidation but shall not certify the
22-22 consolidation. At or before 12:00 Noon on the fifteenth
22-23 day following the date of the presidential preference
22-24 primary, the superintendent shall compute and canvass the
22-25 returns of the absentee ballots which were received by the
22-26 registrars after 7:00 P.M. on the date of the presidential
22-27 preference primary but by 5:00 P.M. on the fourteenth day
22-28 following the date of the presidential preference primary
22-29 which were postmarked on or before the date of the
22-30 presidential preference primary. These returns shall be
22-31 added to the consolidation of the votes previously
22-32 prepared and a final consolidation of the votes shall be
22-33 certified and filed as other certifications of election
22-34 results and all election materials shall then be
22-35 distributed in accordance with the provisions of this
22-36 chapter."
SECTION 17.
22-37 Said title is further amended by striking paragraph (3) of
22-38 Code Section 21-2-496, relating to the consolidated return,
22-39 and inserting in its place a new paragraph (3) to read as
22-40 follows:
-22- (Index)
LC 22 1526S
23- 1 "(3) One copy to be forwarded to the Secretary of State,
23- 2 together with a copy of each precinct return and a copy
23- 3 of the numbered list of voters of each precinct, as well
23- 4 as the returns and numbered list of voters for absentee
23- 5 electors early voters; and".
SECTION 18.
23- 6 Said title is further amended by striking Code Section
23- 7 21-2-573, relating to absentee voting by an unqualified
23- 8 elector, and inserting in its place a new Code Section
23- 9 21-2-573 to read as follows:
23-10 "21-2-573. (Index)
23-11 Any person who votes or attempts to vote by absentee early
23-12 ballot at any primary or election under Article 10 of this
23-13 chapter and who is not qualified to vote shall be guilty
23-14 of a misdemeanor."
SECTION 19.
23-15 Said title is further amended by striking Code Section
23-16 21-3-7.1, relating to the furnishing of forms, and inserting
23-17 in its place a new Code Section 21-3-7.1 to read as follows:
23-18 "21-3-7.1. (Index)
23-19 The Secretary of State shall furnish to the proper
23-20 superintendent all blank forms, including tally and return
23-21 sheets, numbered lists of voters, cards of instructions,
23-22 notices of penalties, instructions for marking ballots,
23-23 tally sheets, precinct returns, consolidated returns,
23-24 oaths of managers and clerks, oaths of assisted electors,
23-25 voters certificates and binders, applications for absentee
23-26 early ballots, envelopes and instruction sheets for
23-27 absentee early ballots, and such other supplies as he
23-28 Secretary of State shall deem necessary and advisable from
23-29 time to time, for use in all municipal elections and
23-30 primaries. Such forms shall have printed thereon
23-31 appropriate instructions for their use."
SECTION 20.
23-32 Said title is further amended by striking subsections (d)
23-33 through (g) of Code Section 21-3-125, relating to challenges
23-34 to the right to vote, and inserting in their place new
23-35 subsections (d) through (g) to read as follows:
23-36 "(d) If the challenged elector does not cast an absentee
23-37 early ballot and does not appear at the polling place to
-23- (Index)
LC 22 1526S
24- 1 vote and if the challenge is based on grounds other than
24- 2 the qualifications of the elector to remain on the list of
24- 3 electors, no further action by the registrars shall be
24- 4 required.
24- 5 (e) If the challenged elector cast an absentee early
24- 6 ballot and it is not practical to conduct a hearing prior
24- 7 to the close of the polls and the challenge is based upon
24- 8 grounds other than the qualifications of the elector to
24- 9 remain on the list of electors, the absentee early ballot
24-10 shall be treated as a challenged ballot pursuant to
24-11 subsection (e) of Code Section 21-3-291 21-3-285. No
24-12 further action by the registrars shall be required.
24-13 (f) If the challenged elector does not cast an absentee
24-14 early ballot and does not appear at the polling place to
24-15 vote and the challenge is based on the grounds that the
24-16 elector is not qualified to remain on the list of
24-17 electors, the board of registrars shall proceed to hear
24-18 the challenge pursuant to Code Section 21-2-229.
24-19 (g) If the challenged elector cast an absentee early
24-20 ballot and the challenge is based upon grounds that the
24-21 challenged elector is not qualified to remain on the list
24-22 of electors, the board of registrars shall proceed to
24-23 conduct a hearing on the challenge on an expedited basis
24-24 prior to the certification of the consolidated returns of
24-25 the election by the election superintendent. The election
24-26 superintendent shall not certify such consolidated returns
24-27 until such hearing is complete and the registrars have
24-28 rendered their decision on the challenge. If the
24-29 registrars deny the challenge, the superintendent shall
24-30 proceed to certify the consolidated returns. If the
24-31 registrars uphold the challenge, the name of the
24-32 challenged elector shall be removed from the list of
24-33 electors and the ballot of the challenged elector shall be
24-34 rejected and not counted and, if necessary, the returns
24-35 shall be adjusted to remove any votes cast by such
24-36 elector. The elector making the challenge and the
24-37 challenged elector may appeal the decision of the
24-38 registrars in the same manner as provided in subsection
24-39 (e) of Code Section 21-2-229."
SECTION 21.
24-40 Said title is further amended by striking subsection (b) of
24-41 Code Section 21-3-188, relating to the form of absentee
-24- (Index)
LC 22 1526S
25- 1 ballots, and inserting in its place a new subsection (b) to
25- 2 read as follows:
25- 3 "(b) The form for the absentee early ballot shall be in
25- 4 substantially the same form as the official ballots used
25- 5 in the precincts, except it shall be printed with only the
25- 6 name stub and without a number strip."
SECTION 22.
25- 7 Said title is further amended by striking Article 10 of
25- 8 Chapter 3, relating to absentee voting, and inserting in its
25- 9 place a new Article 10, relating to early voting, to read as
25-10 follows:
"ARTICLE 10
25-11 21-3-280. (Index)
25-12 As used in this article, the term 'early voter' means an
25-13 elector of this state who:
25-14 (1) For any reason, desires to vote in person in
25-15 accordance with this article prior to the date of a
25-16 primary or election;
25-17 (2) Will be absent from the municipality and county
25-18 during the entire time during which early ballots are
25-19 available for voting early in person and will be absent
25-20 from the municipality and county on the day of the
25-21 primary or election in which such elector desires to
25-22 vote the entire time the polls are open or is 75 years
25-23 of age or older; or
25-24 (3) Because of physical disability, will not be able to
25-25 vote early in person or be present at the polls on the
25-26 day of the primary or election in which such elector
25-27 desires to vote.
25-28 21-3-281. (Index)
25-29 The governing authority of each municipality shall appoint
25-30 an early ballot clerk who may be the county registrar,
25-31 municipal registrar, or any other designated official and
25-32 who shall perform the duties set forth in this article.
25-33 Such early ballot clerk may designate such deputy early
25-34 ballot clerks as the early ballot clerk deems necessary to
25-35 assist in performing the duties set forth in this article.
-25- (Index)
LC 22 1526S
26- 1 21-3-282. (Index)
26- 2 (a) The superintendent shall, as soon as practical prior
26- 3 to each primary or election, but at least 14 days prior to
26- 4 any primary or election, prepare or obtain and deliver an
26- 5 adequate supply of official early ballots, envelopes, and
26- 6 other supplies as required by this article to the early
26- 7 ballot clerk for use in the primary or election.
26- 8 (b) Ballots for use by early voters shall be marked
26- 9 'Official Early Ballot' and shall be in the form required
26-10 by Article 8 of this chapter, except that in
26-11 municipalities using vote recorders the ballots shall be
26-12 in substantially the form for ballot labels required by
26-13 Article 9 of this chapter so as to permit the ballot to be
26-14 machine tabulated. Voting machines shall not be used for
26-15 early voting.
26-16 (c) The superintendent shall provide two envelopes for
26-17 each official early ballot of such size and shape as shall
26-18 be determined by the Secretary of State in order to permit
26-19 the placing of one within the other. On the smaller of
26-20 the two envelopes, which shall be called the 'ballot
26-21 envelope,' shall be printed the words 'Official Early
26-22 Ballot' and nothing else. On the back of the larger of
26-23 the two envelopes, which shall be called the 'oath
26-24 envelope,' shall be printed the form of the oath of the
26-25 elector and the oath for persons assisting electors, as
26-26 provided for in Code Section 21-3-318, and the penalties
26-27 provided for in Code Sections 21-3-448, 21-3-453,
26-28 21-3-459, and 21-3-478 and on the face thereof shall be
26-29 printed the name and address of the early ballot clerk.
26-30 In addition, the superintendent shall provide a sufficient
26-31 number of mailing envelopes of a size and shape as shall
26-32 be determined by the Secretary of State in order to permit
26-33 the placing of the ballot; the ballot envelope; the oath
26-34 envelope; the instructions for the manner of preparing and
26-35 returning the ballot, the form and substance of which
26-36 shall be determined by the Secretary of State; and
26-37 supplies needed to vote the ballot, if any.
26-38 (d) The oaths referred to in subsection (c) of this Code
26-39 section shall be in substantially the following form:
26-40 I, the undersigned, do swear (or affirm) that I am a
26-41 citizen of the United States and of the State of
26-42 Georgia; that my residence address is __________ City,
26-43 __________ County, Georgia; that I possess the
-26- (Index)
LC 22 1526S
27- 1 qualifications of an elector required by the laws of the
27- 2 State of Georgia; that I am entitled to vote in the
27- 3 precinct containing my residence in the primary or
27- 4 election in which this ballot is to be cast; that I am
27- 5 eligible to vote by early ballot; that I have not voted
27- 6 and will not vote any other early ballot in such primary
27- 7 or election nor shall I vote therein in person at the
27- 8 polls; and that I have read and understand the
27- 9 instructions accompanying this ballot and I have
27-10 carefully complied with such instructions in completing
27-11 this ballot.
27-12 ___________________ ________________
27-13 Elector's Residence Month and Day of
27-14 Address Elector's Birth
____________________
Signature or Mark of
Elector
27-15 Oath of Person Assisting Elector (if any):
27-16 I, the undersigned, do swear (or affirm) that I assisted
27-17 the above-named elector in marking and completing such
27-18 elector's early ballot as such elector personally
27-19 communicated such elector's preference to me; that I am
27-20 satisfied that such elector presently possesses the
27-21 disability noted below; and that by reason of such
27-22 disability such elector is entitled to receive
27-23 assistance in voting under the provisions of subsection
27-24 (a) of Code Section 21-3-318.
27-25 This, the ______ day of _________________, 19__.
___________________
Signature of Person
Assisting Elector
__________________________
Relationship of Person
Assisting Elector (if any)
27-26 Reason for assistance (Check appropriate square):
27-27 ( ) Elector is unable to read the English language.
27-28 ( ) Elector has the following physical disability
27-29 (list the specific disability which caused the
27-30 elector to require assistance in voting):
27-31 _____________.
-27- (Index)
LC 22 1526S
28- 1 The forms upon which such oaths are printed shall contain
28- 2 the following information:
28- 3 Georgia law provides, in subsection (c) of Code Section
28- 4 21-3-318, that no person shall assist more than ten
28- 5 electors in any primary or election.
28- 6 Georgia law further provides that any person who
28- 7 illegally votes by early ballot or who illegally gives
28- 8 or receives assistance in voting shall be guilty of a
28- 9 misdemeanor.
28-10 21-3-283. (Index)
28-11 (a) After the official early ballots are delivered to the
28-12 early ballot clerk, any early voter may vote an early
28-13 ballot by appearing at the office of the early ballot
28-14 clerk or at any other such location within the
28-15 municipality as may be designated by the governing
28-16 authority for the purpose of early voting and completing
28-17 an early voter's certificate and presenting such
28-18 certificate to the early ballot clerk. The early ballot
28-19 clerk shall examine the voter's certificate and determine
28-20 if the early voter is entitled to vote. Upon determining
28-21 that the early voter is entitled to vote, the early ballot
28-22 clerk shall initial the voter's certificate, record the
28-23 name of the early voter on the numbered list of early
28-24 voters for the early voter's precinct in the order of
28-25 voting, record the number of the stub of the ballot issued
28-26 to the early voter, issue the ballot to the early voter,
28-27 and insert the voter's certificate in the binder provided
28-28 therefor.
28-29 (b) If an early voter was unable to sign such early
28-30 voter's name at the time of registration or if, having
28-31 been able to sign such early voter's name when registered,
28-32 such early voter shall have become, through physical
28-33 disability, unable to sign such early voter's name when
28-34 such early voter applies to vote, such early voter shall
28-35 establish such early voter's identity to the satisfaction
28-36 of the early ballot clerk; and in such case such early
28-37 voter shall not be required to sign a voter's certificate,
28-38 but a certificate shall be prepared for such early voter
28-39 by the early ballot clerk, upon which the facts of the
28-40 disability shall be noted and attested by the signature of
28-41 such early ballot clerk.
28-42 (c) The form of the voter's certificate for use by early
28-43 voters shall be determined by the Secretary of State and
-28- (Index)
LC 22 1526S
29- 1 shall be in substantially the same form as the voter's
29- 2 certificate specified in Code Section 21-3-311.
29- 3 (d) Upon being issued an early ballot, the early voter
29- 4 shall then and there vote the early ballot within the
29- 5 confines of the office of the early ballot clerk or at
29- 6 such other location as may be designated by the governing
29- 7 authority for the purpose of early voting. The early
29- 8 ballot clerk shall furnish accommodations to the early
29- 9 voter to ensure the privacy of the early voter while
29-10 voting the ballot. After voting the ballot, the early
29-11 voter shall fold the ballot as necessary and enclose and
29-12 securely seal the ballot in the ballot envelope on which
29-13 is printed the words 'Official Early Ballot.' The sealed
29-14 ballot envelope shall then be placed inside the oath
29-15 envelope and securely sealed. The early voter shall then
29-16 fill out, subscribe, and swear to the oath printed on such
29-17 envelope. If the early voter received assistance in
29-18 preparing the ballot, the person rendering assistance to
29-19 the early voter shall fill out, subscribe, and swear to
29-20 the oath of assistance printed on the same envelope as the
29-21 early voter's oath. The ballot so enclosed in such
29-22 envelopes shall then be placed in a locked ballot box
29-23 provided by the early ballot clerk for such ballots. Such
29-24 ballot box shall, in addition to a lock, be secured with a
29-25 prenumbered plastic or metal seal. Said seal shall be
29-26 attached to the box by the early ballot clerk in public in
29-27 the presence of the chief of police prior to the first
29-28 ballot's being deposited into the box and after the chief
29-29 of police has inspected the ballot box to verify that the
29-30 box is empty. The number of the seal shall be recorded by
29-31 the early ballot clerk and the chief of police and
29-32 retained on file in their offices until the time for
29-33 contesting the primary or election has passed. Such
29-34 numbers shall be available for public inspection.
29-35 (e) A physically disabled or illiterate early voter may
29-36 receive assistance in preparing such early voter's ballot
29-37 from one of the following: any elector who is qualified
29-38 to vote in the same municipality as the disabled or
29-39 illiterate early voter or the mother, father, grandparent,
29-40 aunt, uncle, brother, sister, spouse, son, daughter,
29-41 niece, nephew, grandchild, son-in-law, daughter-in-law,
29-42 mother-in-law, father-in-law, brother-in-law, or
29-43 sister-in-law of the disabled or illiterate early voter.
29-44 No person shall assist more than ten electors in any
29-45 primary, election, or runoff.
-29- (Index)
LC 22 1526S
30- 1 21-3-284. (Index)
30- 2 (a) Not more than 180 days prior to the date of the
30- 3 primary or election, or runoff of either, an early voter,
30- 4 as defined in paragraphs (2) and (3) of Code Section
30- 5 21-3-280, may make an application to the early ballot
30- 6 clerk of the municipality of the early voter's residence
30- 7 for an official early ballot of such early voter's
30- 8 precinct to be voted at such primary, election, or runoff
30- 9 to be mailed to such early voter. In addition,
30-10 applications for early ballots for such early voters may
30-11 be made, upon satisfactory proof of relationship, by such
30-12 early voter's mother, father, grandparent, aunt, uncle,
30-13 sister, brother, spouse, son, daughter, niece, nephew,
30-14 grandchild, son-in-law, daughter-in-law, mother-in-law,
30-15 father-in-law, brother-in-law, or sister-in-law of the age
30-16 of 18 or over. Such applications may be made by mail, by
30-17 facsimile transmission, or in person at the early ballot
30-18 clerk's office.
30-19 (b) Such applications shall be in writing and shall
30-20 contain the following:
30-21 (1) Sufficient information for proper identification of
30-22 the early voter;
30-23 (2) The address to which the early ballot is to be
30-24 mailed;
30-25 (3) The identity of the primary, election, or runoff in
30-26 which the early voter desires to vote;
30-27 (4) The name and relationship of the person requesting
30-28 the ballot on behalf of the early voter, if any;
30-29 (5) If an early voter as defined in paragraph (2) of
30-30 Code Section 21-3-280, a statement that the early voter
30-31 will be absent from the municipality and the county
30-32 during the entire time during which early ballots are
30-33 available for voting early in person and that the early
30-34 voter will be absent from the municipality and the
30-35 county on the day of the primary or election in which
30-36 such early voter desires to vote the entire time the
30-37 polls are open; and
30-38 (6) If an early voter as defined in paragraph (3) of
30-39 Code Section 21-3-280, a statement that the early voter
30-40 will not be able to vote early in person or be present
30-41 at the polls on the day of the primary or election in
30-42 which the early voter desires to vote because of
-30- (Index)
LC 22 1526S
31- 1 physical disability and a statement of the nature of the
31- 2 physical disability.
31- 3 (c) Relatives applying for an early ballot for early
31- 4 voters must also sign an oath stating that the facts in
31- 5 the application are true.
31- 6 (d) If an early voter is unable to fill out or sign the
31- 7 application because of illiteracy or physical disability,
31- 8 the early voter shall make such early voter's mark and the
31- 9 person filling in the rest of the application shall sign
31-10 such person's name below the mark as a witness.
31-11 (e) Early ballot applications by or on behalf of early
31-12 voters, as defined in paragraph (3) of Code Section
31-13 21-3-280, must be accompanied by a certificate of a doctor
31-14 or nurse stating that the early voter possesses the
31-15 physical disability claimed, whether such disability is
31-16 temporary or permanent, and that such physical disability
31-17 prevents the early voter from voting early in person or at
31-18 the polls; provided, however, that, for electors with
31-19 permanent such disabilities, one such certificate shall be
31-20 sufficient for all future elections unless such early
31-21 voter changes such early voter's residence out of the
31-22 municipality. The registrars shall cause the fact of such
31-23 permanent disability to be recorded on the elector's
31-24 registration records.
31-25 (f) One timely and proper application for an early ballot
31-26 for use in a primary shall be sufficient to require the
31-27 mailing of an early ballot to an eligible early voter who
31-28 lives outside the municipality and county and is also a
31-29 member of the armed forces of the United States, a member
31-30 of the merchant marine of the United States, a spouse or
31-31 dependent of a member of the armed forces or merchant
31-32 marine residing with or accompanying such member, or an
31-33 overseas citizen for such primary as well as for any
31-34 runoffs resulting therefrom and for the election for which
31-35 such primary shall nominate candidates and any runoffs
31-36 resulting therefrom. Further, such application for an
31-37 early ballot to be used in any election shall be
31-38 sufficient to require the mailing of an early ballot for
31-39 any runoffs resulting from such election. A separate and
31-40 distinct application is required for special primaries and
31-41 special elections. A properly executed registration card
31-42 submitted under the provisions of subsection (b) of Code
31-43 Section 21-2-219, if submitted within 180 days of a
31-44 primary or election in which the registrant is entitled to
-31- (Index)
LC 22 1526S
32- 1 vote, shall be considered to be an application for an
32- 2 early ballot.
32- 3 (g) Upon receipt of a timely application from an early
32- 4 voter under this Code section, the early ballot clerk
32- 5 shall enter thereon the date received and shall determine
32- 6 if the applicant is eligible to vote in the primary or
32- 7 election involved. If the early voter is found eligible,
32- 8 the early ballot clerk shall certify by signing in the
32- 9 proper place on the application and shall mail an early
32-10 ballot to the address listed in the application. No
32-11 ballot shall be mailed to an address other than the
32-12 permanent mailing address which has been entered on the
32-13 elector's registration card, the permanent in-municipality
32-14 address, or temporary out-of-county address of the early
32-15 voter. If the early voter is found ineligible, the early
32-16 ballot clerk shall deny the application by writing the
32-17 reason for rejection in the proper space on the
32-18 application and shall promptly notify the applicant in
32-19 writing of the ground of such applicant's ineligibility.
32-20 A copy of the notification shall be retained on file in
32-21 the office of the early ballot clerk for at least one
32-22 year. If the early ballot clerk is unable to determine
32-23 the identity of the early voter from the information given
32-24 on the application, the early ballot clerk shall promptly
32-25 write to request additional information. In the case of
32-26 an unregistered applicant who is eligible for
32-27 registration, the early ballot clerk shall cause the
32-28 registrar immediately to mail a blank registration card as
32-29 provided in Code Section 21-3-123, and such applicant, if
32-30 otherwise qualified, shall be deemed eligible to vote by
32-31 early ballot in such primary or election, if the
32-32 registration card, properly completed, is returned to the
32-33 registrar on or before the last day for registering to
32-34 vote in such primary or election. If the closing date for
32-35 registration in the primary or election concerned has not
32-36 passed, the early ballot clerk shall also mail an early
32-37 ballot to the applicant, as soon as the ballots are
32-38 prepared and available; and the ballot shall be cast
32-39 therein if the applicant returns the registration card
32-40 timely, is found eligible to vote, and returns the early
32-41 ballot timely.
32-42 (h) The early ballot clerk shall, within two days after
32-43 receipt of the early ballots and supplies from the
32-44 superintendent, mail official early ballots to all
32-45 eligible applicants and, as additional applicants are
-32- (Index)
LC 22 1526S
33- 1 determined to be eligible, the early ballot clerk shall
33- 2 mail official early ballots immediately upon determining
33- 3 their eligibility. No early ballots shall be mailed on
33- 4 the day prior to a primary or election. The date a ballot
33- 5 is mailed and the date the ballot is returned shall be
33- 6 entered on the application therefor. In the event an
33- 7 early ballot which has been mailed by the early ballot
33- 8 clerk is not received by the applicant, the applicant may
33- 9 notify the early ballot clerk and sign an affidavit
33-10 stating that the ballot has not been received. The early
33-11 ballot clerk shall then issue a second early ballot to the
33-12 applicant and cancel the original ballot issued. The
33-13 affidavit shall be attached to the original application
33-14 and a second application shall not be required.
33-15 (i) At any time after receiving the early ballot, but
33-16 before the date of the primary or election involved, the
33-17 early voter shall vote the ballot, fold the ballot as
33-18 necessary, and enclose and securely seal the ballot in the
33-19 ballot envelope on which is printed 'Official Early
33-20 Ballot.' The sealed ballot envelope shall then be placed
33-21 inside the oath envelope and securely sealed. The early
33-22 voter shall then fill out, subscribe, and swear to the
33-23 oath printed on such envelope. If the early voter
33-24 received assistance in preparing the ballot, the person
33-25 rendering assistance to the early voter shall fill out,
33-26 subscribe, and swear to the oath of assistance printed on
33-27 the same envelope as the early voter's oath. The early
33-28 voter shall then mail the ballot to the early ballot
33-29 clerk; provided, however, that the ballots of physically
33-30 disabled early voters may be delivered to the early ballot
33-31 clerk by any adult person upon satisfactory proof that
33-32 such adult person is the early voter's mother, father,
33-33 grandparent, aunt, uncle, brother, sister, spouse, son,
33-34 daughter, niece, nephew, grandchild, son-in-law,
33-35 daughter-in-law, mother-in-law, father-in-law,
33-36 brother-in-law, sister-in-law, or an individual residing
33-37 in the household of such early voter.
33-38 (j) A physically disabled early voter may receive
33-39 assistance in preparing such early voter's ballot by any
33-40 of the persons listed in subsection (e) of Code Section
33-41 21-3-283 and, if the physically disabled early voter is
33-42 sojourning outside such voter's own county, a notary
33-43 public of the jurisdiction.
-33- (Index)
LC 22 1526S
34- 1 (k) Upon receiving an early ballot pursuant to this Code
34- 2 section, the early ballot clerk shall write the day and
34- 3 hour of the receipt of the ballot on its envelope. The
34- 4 early ballot clerk shall then compare the identifying
34- 5 information on the oath with the information on file in
34- 6 the registrars' office and shall, if the information and
34- 7 signature appear to be valid, so certify by signing below
34- 8 the voter's oath. Each early voter so certified shall be
34- 9 listed by the early ballot clerk on the numbered list of
34-10 early voters for the early voter's precinct. If the early
34-11 voter has failed to sign the oath, if the signature does
34-12 not appear to be valid, if the early voter has failed to
34-13 furnish required information such that the voter's
34-14 identity cannot be verified, if the information supplied
34-15 by the early voter does not conform to that on file in the
34-16 registrars' office, or if the early voter is otherwise
34-17 found disqualified to vote, the early ballot clerk shall
34-18 write across the face of the envelope 'Rejected,' giving
34-19 the reason therefor. The early ballot clerk shall
34-20 promptly notify the early voter in writing of such
34-21 rejection. A copy of such notification shall be retained
34-22 in the files of the early ballot clerk for at least one
34-23 year. The name of the early voter so rejected and the
34-24 reason for the rejection shall be entered on the numbered
34-25 list of rejected early voters. All certified early
34-26 ballots shall be deposited in a locked ballot box along
34-27 with the early ballots voted in person. Such ballot box
34-28 shall, in addition to a lock, be secured with a
34-29 prenumbered plastic or metal seal. Said seal shall be
34-30 attached to the box by the early ballot clerk in public in
34-31 the presence of the chief of police prior to the first
34-32 ballot's being deposited into the box and after the chief
34-33 of police has inspected the ballot box to verify that the
34-34 box is empty. The number of the seal shall be recorded by
34-35 the early ballot clerk and the chief of police and
34-36 retained on file in their offices until the time for
34-37 contesting the primary or election has passed. Such
34-38 numbers shall be available for public inspection.
34-39 (l) In order to be counted, an early ballot must be
34-40 received by the early ballot clerk before the opening of
34-41 the polls on the day of the primary or election. Ballots
34-42 received after that time shall be safely kept unopened by
34-43 the early ballot clerk for the period of time required for
34-44 the preservation of ballots used at the primary or
34-45 election and shall then, without being opened, be
-34- (Index)
LC 22 1526S
35- 1 destroyed in like manner as the used ballots of the
35- 2 primary or election. The early ballot clerk shall
35- 3 promptly notify the early voter by first-class mail that
35- 4 the early voter's ballot was returned too late to be
35- 5 counted and that the early voter will not receive credit
35- 6 for voting in the primary or election.
35- 7 (m) An early voter, as defined by paragraph (3) of Code
35- 8 Section 21-3-280, who is confined to a hospital on the day
35- 9 of a primary or election or within a period of five days
35-10 immediately preceding the primary or election or who, due
35-11 to sudden illness or injury during this time period, is
35-12 confined to a residence on the day of the primary or
35-13 election may request the early ballot clerk personally to
35-14 deliver an early ballot to such early voter. The early
35-15 ballot clerk is authorized, but not required, to comply
35-16 with such request. Such early voter to whom an early
35-17 ballot is delivered in person by an early ballot clerk
35-18 shall vote the ballot then and there in accordance with
35-19 the procedures contained in this Code section, shall then
35-20 seal such ballot, and shall return it to the early ballot
35-21 clerk. Any such ballots personally delivered by the early
35-22 ballot clerk must be returned to the office of the early
35-23 ballot clerk by 12:00 Noon on the day of the primary or
35-24 election in order to be counted.
35-25 21-3-285. (Index)
35-26 (a) When an early ballot has been voted in person or has
35-27 been returned to the early ballot clerk, it shall be
35-28 deemed to have been voted then and there and no other
35-29 ballot shall be issued to the voter.
35-30 (b) The office of the early ballot clerk shall and other
35-31 such locations as may be designated by the governing
35-32 authority for the purpose of early voting may be open a
35-33 reasonable period of time on the Saturday immediately
35-34 prior to each primary, election, or runoff of either, for
35-35 the purpose of early voting. Such period of time shall not
35-36 be less than two hours.
35-37 (c) Whenever it shall appear by due proof to the early
35-38 ballot clerk that an early voter who has voted by early
35-39 ballot has died prior to the opening of the polls on the
35-40 day of the primary or election, the ballot of such
35-41 deceased elector shall be void and shall not be opened.
35-42 The ballot shall be treated in the same manner as provided
35-43 for rejected ballots.
-35- (Index)
LC 22 1526S
36- 1 (d) The postage required for mailing ballots to early
36- 2 voters, as provided for in this article, shall be paid by
36- 3 the municipality, except in cases where free mail delivery
36- 4 is furnished by the federal government.
36- 5 (e) The early ballot clerk shall maintain for public
36- 6 inspection a master list, arranged by precinct, of early
36- 7 voters to whom a ballot has been sent or who have voted in
36- 8 person. Early voters whose names appear upon such list
36- 9 may be challenged in writing by any elector of the
36-10 municipality prior to the opening of the polls on the day
36-11 of the primary or election.
36-12 21-3-286. (Index)
36-13 (a) No later than the time for the opening of the polls on
36-14 the day of the primary or election, the ballot boxes
36-15 located at any additional locations within the
36-16 municipality as may be designated by the governing
36-17 authority for the purpose of early voting shall be
36-18 transported to the office of the early ballot clerk.
36-19 (b) Beginning no earlier than the time for the opening of
36-20 the polls on the day of the primary or election, the early
36-21 ballot clerk shall open the ballot boxes and begin
36-22 processing the early ballots. Not less than two
36-23 registrars, deputy registrars, or poll officers shall be
36-24 present at all times while the ballots are being processed
36-25 and such processing shall be done in public.
36-26 (c) The early ballot clerk shall process the early ballots
36-27 by opening the oath envelope in such a manner as not to
36-28 destroy the oath printed thereon and opening the ballot
36-29 envelopes and depositing the ballot into a ballot box
36-30 reserved for that purpose without disclosing the markings
36-31 on the ballot. If an early voter's right to vote has been
36-32 challenged for cause, the early ballot clerk shall write
36-33 'Challenged,' the early voter's name, and the alleged
36-34 cause of the challenge on the back of the ballot, without
36-35 disclosing the markings on the face thereof, and deposit
36-36 the ballot in the ballot box.
36-37 (d) After removing all of the ballots from the ballot
36-38 envelopes and the oath envelopes and depositing them into
36-39 the ballot box, the early ballot clerk shall, at the close
36-40 of the polls on the day of the primary or election,
36-41 deliver the ballot box to the early voting precinct, which
36-42 shall be designated by the superintendent; provided,
36-43 however, that vote recorder ballots shall be delivered to
-36- (Index)
LC 22 1526S
37- 1 the tabulating center or other place designated by the
37- 2 superintendent. Such ballots shall be in the custody of
37- 3 at least the early ballot clerk and one registrar, deputy
37- 4 registrar, or poll worker at all times until the ballots
37- 5 are turned over to the chief manager of the early voting
37- 6 precinct or, in the case of vote recorder ballots, an
37- 7 official at the tabulating center. The early voting
37- 8 precinct staff shall consist of a chief manager, two
37- 9 assistant managers, and such clerks as the manager deems
37-10 necessary to count the ballots in accordance with the
37-11 procedures set forth in this chapter for other ballots,
37-12 insofar as practicable, and prepare an election return for
37-13 the municipality showing the results of the early votes
37-14 cast in such municipality. In the case of vote recorder
37-15 ballots, the officials at the tabulating center shall
37-16 count such ballots in the manner prescribed in this
37-17 chapter for vote recorder ballots, insofar as practicable,
37-18 and prepare an election return for the municipality
37-19 showing the results of the early votes cast in such
37-20 municipality.
37-21 (e) The early ballot clerk shall deliver with the ballot
37-22 box the rejected ballots, all applications for ballots,
37-23 and the numbered lists of certified and rejected early
37-24 voters. The official receiving the ballots and other
37-25 materials shall give a receipt therefor.
37-26 21-3-287. (Index)
37-27 All official early ballots, applications for such ballots,
37-28 and envelopes on which the forms of affidavits and jurats
37-29 appear shall be delivered to the city clerk upon the
37-30 conclusion of the primary or election and shall be safely
37-31 held by such clerk for the period required by law and then
37-32 shall be destroyed. On the day following the primary or
37-33 election, the early ballot clerk shall transmit all
37-34 canceled, spoiled, and unused early ballots to the city
37-35 clerk to be held with other election materials as provided
37-36 in Code Section 21-3-409. The early ballot clerk shall
37-37 also transmit an accounting of all early ballots,
37-38 including the number furnished by the superintendent, the
37-39 number issued, the number spoiled, and the number unused."
SECTION 23.
37-40 Said title is further amended by striking subsection (a) of
37-41 Code Section 21-3-312, relating to the certified electors
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LC 22 1526S
38- 1 list, and inserting in its place a new subsection (a) to
38- 2 read as follows:
38- 3 "(a) The registrars shall, prior to the hour appointed for
38- 4 opening the polls, place in the possession of the managers
38- 5 in each precinct one copy of the certified electors list
38- 6 for such precinct, such list to contain all the
38- 7 information required by law. The list shall indicate the
38- 8 name of any elector who has been mailed or delivered an
38- 9 absentee early ballot. The list for a given precinct may
38-10 be divided into as many alphabetical sections as is deemed
38-11 necessary. Such list of electors shall be authenticated
38-12 by the signature of the chief registrar and at least one
38-13 other registrar if more than one registrar has been
38-14 appointed by the governing authority. In a primary, where
38-15 the parties do not agree to have only one set of managers
38-16 for a precinct, the electors list shall be delivered to
38-17 the chief manager of the political party which polled the
38-18 highest number of votes in the precinct in the immediately
38-19 preceding election of the presiding officer of the
38-20 governing authority. In addition, the registrars shall at
38-21 the same time place in the possession of the managers of
38-22 each precinct one copy of the list of inactive electors
38-23 for such precinct. The managers of the respective
38-24 precincts shall, on delivery to them of such electors
38-25 lists, return receipts therefor to the registrars, who
38-26 shall keep a record of the time when and the manner in
38-27 which the electors lists are delivered. The registrars
38-28 may, in their discretion, require the managers of the
38-29 respective precincts to call at their office to obtain
38-30 such lists."
SECTION 24.
38-31 Said title is further amended by striking subsections (c)
38-32 and (d) of Code Section 21-3-321, relating to restrictions
38-33 on campaign activities, and inserting in their place new
38-34 subsections (c) and (d), respectively, to read as follows:
38-35 "(c) No person shall solicit votes in any manner or by any
38-36 means or method, nor shall any person distribute any
38-37 campaign literature, newspaper, booklet, pamphlet, card,
38-38 sign, or any other written or printed matter of any kind,
38-39 nor shall any person conduct any exit poll or public
38-40 opinion poll with voters within a room in which absentee
38-41 early ballots are being cast on any day.
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LC 22 1526S
39- 1 (d) No person shall solicit signatures for any petition
39- 2 within a room in which absentee early ballots are being
39- 3 cast on any day."
SECTION 25.
39- 4 Said title is further amended by striking subsection (g) of
39- 5 Code Section 21-3-362, relating to voting procedures, and
39- 6 inserting in its place a new subsection (g) to read as
39- 7 follows:
39- 8 "(g) The superintendent shall make paper ballots available
39- 9 for handicapped electors who, due to their handicap, are
39-10 unable to vote on a voting machine. Absentee Early
39-11 ballots may be used for this purpose. The superintendent
39-12 shall provide sufficient accommodations to permit such a
39-13 handicapped elector to vote in private."
SECTION 26.
39-14 Said title is further amended by striking subsection (g) of
39-15 Code Section 21-3-380, relating to ballot procedures, and
39-16 inserting in its place a new subsection (g) to read as
39-17 follows:
39-18 "(g) The superintendent shall have at least one voting
39-19 booth in each precinct modified or shall make paper
39-20 ballots available for handicapped electors who, due to
39-21 their handicap, are unable to vote on a vote recorder in a
39-22 regular voting booth. Absentee Early ballots may be used
39-23 for this purpose. The superintendent shall provide
39-24 sufficient accommodations to permit such a handicapped
39-25 elector to vote in private."
SECTION 27.
39-26 Said title is further amended by striking subsection (e) of
39-27 Code Section 21-3-383, relating to counting of ballot cards,
39-28 and inserting in its place a new subsection (e) to read as
39-29 follows:
39-30 "(e) The official returns of the votes cast on ballot
39-31 cards at each polling place shall be printed by the
39-32 tabulating machine, to which shall be added the votes of
39-33 absentee electors early voters and write-in votes. The
39-34 returns thus prepared shall be certified and promptly
39-35 posted as provided by this chapter for paper ballots. The
39-36 official returns for the primary or election may be
39-37 printed by the tabulating machine, to which are added the
39-38 tally of write-in and absentee early votes, and shall be
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LC 22 1526S
40- 1 canvassed and certified as provided by this chapter. The
40- 2 ballot cards, write-in ballots, spoiled, defective, and
40- 3 invalid ballot cards, and returns shall be filed and
40- 4 retained in the same manner as provided by this chapter
40- 5 for paper ballots."
SECTION 28.
40- 6 Said title is further amended by striking subsection (d) of
40- 7 Code Section 21-3-403, relating to computation and
40- 8 tabulation of returns, and inserting in its place a new
40- 9 subsection (d) to read as follows:
40-10 "(d) When the returns from the various precincts which are
40-11 entitled to be counted shall have been duly recorded, they
40-12 shall be added together and the absentee early votes and
40-13 write-in votes shall be added to that sum. The results
40-14 shall then be announced and attested by the assistants who
40-15 made and computed the entries, respectively, and shall be
40-16 signed by the superintendent. Immediately after the
40-17 completion of the computation of votes, the superintendent
40-18 shall certify the returns so computed in the manner
40-19 required by this chapter."
SECTION 29.
40-20 Said title is further amended by striking paragraph (3) of
40-21 Code Section 21-3-406, relating to filing of certified
40-22 returns, and inserting in its place a new paragraph (3) to
40-23 read as follows:
40-24 "(3) One copy to be forwarded to the Secretary of State,
40-25 together with a copy of each precinct return and a copy
40-26 of the numbered list of voters of each precinct, as well
40-27 as the returns and numbered list of voters for absentee
40-28 electors early voters; and".
SECTION 30.
40-29 Said title is further amended by striking Code Section
40-30 21-3-453, relating to voting by absentee ballot, and
40-31 inserting in its place a new Code Section 21-3-453 to read
40-32 as follows:
40-33 "21-3-453. (Index)
40-34 Any person who votes or attempts to vote by absentee early
40-35 ballot at any primary or election under Article 10 of this
40-36 chapter and who is not qualified to vote shall be guilty
40-37 of a misdemeanor."
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LC 22 1526S
SECTION 31.
41- 1 Title 31 of the Official Code of Georgia Annotated,
41- 2 relating to health, is amended by striking paragraph (1) of
41- 3 Code Section 31-8-111, relating to rights of residents of
41- 4 long-term care facilities, and inserting in its place a new
41- 5 paragraph (1) to read as follows:
41- 6 "(1) The right to vote. Residents who are eligible to
41- 7 vote shall have the right to vote in primary, special,
41- 8 and general elections and in referenda. The facility
41- 9 shall permit and reasonably assist residents to obtain
41-10 voter registration forms, applications for absentee
41-11 early voting ballots, and absentee early voting ballots
41-12 and to comply with other requirements which are
41-13 prerequisites for voting;".
SECTION 32.
41-14 Title 36 of the Official Code of Georgia Annotated, relating
41-15 to local government, is amended by striking paragraph (6) of
41-16 Code Section 36-34-2, relating to powers relating to
41-17 administration of municipal governments, and inserting in
41-18 its place a new paragraph (6) to read as follows:
41-19 "(6) The power to legislate, regulate, and administer
41-20 all matters pertaining to absentee early voting in
41-21 municipal elections; and".
SECTION 33.
41-22 Title 37 of the Official Code of Georgia Annotated, relating
41-23 to mental health, is amended by striking paragraphs (1) and
41-24 (3) of Code Section 37-3-144, relating to a patient's right
41-25 to vote, and inserting in their place new paragraphs (1) and
41-26 (3), respectively, to read as follows:
41-27 "(1) To obtain voter registration forms, applications
41-28 for absentee early voting ballots, and absentee earl
41-29 voting ballots;"
41-30 "(3) To vote by absentee early voting ballot if
41-31 necessary."
SECTION 34.
41-32 Said title is further amended by striking paragraphs (1) and
41-33 (3) of Code Section 37-4-104, relating to a client's right
41-34 to vote, and inserting in their place new paragraphs (1) and
41-35 (3), respectively, to read as follows:
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LC 22 1526S
42- 1 "(1) To obtain voter registration forms, applications
42- 2 for absentee early voting ballots, and absentee earl
42- 3 voting ballots;"
42- 4 "(3) To vote by absentee early voting ballot if
42- 5 necessary."
SECTION 35.
42- 6 Said title is further amended by striking paragraphs (1) and
42- 7 (3) of Code Section 37-7-144, relating to a patient's right
42- 8 to vote, and inserting in their place new paragraphs (1) and
42- 9 (3), respectively, to read as follows:
42-10 "(1) To obtain voter registration forms, applications
42-11 for absentee early voting ballots, and absentee earl
42-12 voting ballots;"
42-13 "(3) To vote by absentee early voting ballot if
42-14 necessary."
SECTION 36.
42-15 All laws and parts of laws in conflict with this Act are
42-16 repealed.
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97