07 LC 28
3339
House
Bill 205
By:
Representatives Morgan of the
39th,
Brooks of the
63rd,
Mangham of the
94th,
and Mosby of the
90th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to elections and primaries generally, so as to provide for election day
registration; to provide for procedures; to provide for registration at polling
places; to provide for absentee registration; to provide for voting after such
registration; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 21 of the Official Code of Georgia Annotated, relating to elections
and primaries generally, is amended by revising subsection (a) of Code Section
21-2-220, relating to applications for voter registration, as
follows:
"(a)
Any person desiring to register as an elector shall apply to do so by making
application to a registrar or deputy registrar of such person´s county of
residence in person, by submission of the federal post card application form as
authorized under Code Section 21-2-219, by making application through the
Department of Driver Services as provided in Code Section 21-2-221, by making
application through the Department of Natural Resources as provided in Code
Section 21-2-221.1, by making application through designated offices as provided
in Code Section 21-2-222,
or
by making application by mail as provided in Code Section
21-2-223, or
by applying as provided in Code Section 21-2-224.1 in person at the polling
place for the precinct in which such person´s residence is located on the
day of the primary or election or at the office of the registrar or absentee
ballot clerk during the period specified under subsection (b) of Code Section
21-2-380."
SECTION
2.
Said
chapter is further amended by revising subsections (a) and (b) of Code Section
21-2-224, relating to registration deadlines, as follows:
"(a)
If
Except as
otherwise provided in Code Section 21-2-224.1,
if any person whose name is not on the
list of registered electors maintained by the Secretary of State under this
article desires to vote at any general primary, general election, or
presidential preference primary, such person shall make application as provided
in this article by the close of business on the fifth Monday or, if such Monday
is a legal holiday, by the close of business on the following business day prior
to the date of such general primary, general election, or presidential
preference primary.
(b)
If any person whose name is not on the list of registered electors maintained by
the Secretary of State under this article desires to vote at any special primary
or special election, such person shall make application as provided in this
article no later than the close of business on the fifth day after the date of
the call for the special primary or special election, excluding Saturdays,
Sundays, and legal holidays of this state; except that:
(1)
If such special primary or special election is held in conjunction with a
general primary, general election, or presidential preference primary, the
registration deadline for such special primary or special election shall be the
same as the registration deadline for the general primary, general election, or
presidential preference primary in conjunction with which the special primary or
special election is being conducted; or
(2)
If
Except as
otherwise provided in Code Section 21-2-224.1,
if such special primary or special
election is not held in conjunction with a general primary, general election, or
presidential preference primary but is held on one of the dates specified in
Code Section 21-2-540 for the conduct of special elections to present a question
to the voters or special primaries or elections to fill vacancies in elected
county or municipal offices, the registration deadline for such a special
primary or election shall be at the close of business on the fifth Monday prior
to the date of the special primary or election or, if such Monday is a legal
holiday, by the close of business on the following business
day."
SECTION
3.
Said
chapter is further amended by adding a new Code Section 21-2-224.1 to read as
follows:
"21-2-224.1.
(a)
Notwithstanding any provision of law to the contrary, any person may register
and vote in accordance with this Code section on the day of a primary or
election or during the period of advance voting as specified in subsection (b)
of Code Section 21-2-380.
(b)
A person who is not registered to vote or did not register by the deadlines
specified in Code Section 21-2-224 may go to the polling place for the precinct
in which such person´s residence is located on the day of a primary or
election or to the registrar´s office or the office of the absentee ballot
clerk, as appropriate, during the period specified under subsection (b) of Code
Section 21-2-380 and register to vote by completing an official voter
registration application as provided in subsection (a) of Code Section 21-2-219
and providing to the poll officers, registrars, or absentee ballot clerk, as the
case may be, one of the following forms of identification:
(1)
A Georgia driver´s license, a Georgia voter identification card issued
under Code Section 21-2-417.1, or other valid identification card issued by a
branch, department, agency, or entity of the State of Georgia authorized by law
to issue personal identification, provided that such identification card
contains a photograph of the person;
(2)
A valid tribal identification card containing a photograph of the elector and
the current address of the person; provided, however, that, if the
identification card does not contain the current address of the person, the
person may supply in addition to the identification card a utility bill which
contains the person´s name and current address and for which payment is or
was due within 30 days of the date of the primary or election in which such
person is attempting to register and vote;
(3)
A valid United States military identification card, provided that such
identification card contains a photograph of the person, and a utility bill
which contains the person´s name and current address and for which payment
is or was due within 30 days of the date of the primary or election in which
such person is attempting to register and vote;
(4)
A valid student identification card containing a photograph of the person and
issued by any school, college, university, or technical school in this state;
or
(5)
A valid employee identification card containing a photograph of the person and a
utility bill which contains the person´s name and current address and for
which payment is or was due within 30 days of the date of the primary or
election in which such person is attempting to register and vote.
(c)
For a person at his or her polling place, upon fully completing the voter
registration application and providing the appropriate identification, the
person shall be issued a provisional ballot in the same manner as persons whose
names are not on the electors list for the polling place under Code Section
21-2-418. For a person at the registrar´s office or the office of the
absentee ballot clerk, as appropriate, during the period specified under
subsection (b) of Code Section 21-2-380, upon fully completing the voter
registration application and providing the appropriate identification, the
registrars shall either determine the person´s qualifications immediately
and, if found qualified, allow such person to vote in the same manner as other
electors or, if there is insufficient time for whatever reason for the
registrars to make such determination or if the person is attempting to vote at
the absentee ballot clerk´s office, the person shall be issued a
provisional ballot in the same manner as persons whose names are not on the
electors list at the polling places under Code Section 21-2-418 and shall
vote such provisional ballot in the same manner as such persons at the
polls.
(d)
Persons in line waiting to complete voter registration applications at the time
of the closing of the polls shall be permitted to complete the voter
registration application, provide the appropriate identification, and vote a
provisional ballot.
(e)
The poll officer verifying the person´s identification shall initial the
person´s voter registration application."
SECTION
4.
Said
chapter is further amended by revising Code Section 21-2-419, relating to
validation of provisional ballots, and inserting in lieu thereof a new Code
Section 21-2-419 to read as follows:
"21-2-419.
(a)
A person shall cast a provisional ballot on the same type of ballot that is
utilized by the county or municipality for mail-in absentee ballots. Such
provisional ballot shall be sealed in double envelopes as provided in Code
Section 21-2-384 and shall be deposited by the person casting such ballot in a
secure, sealed ballot box.
(b)
At the earliest time possible after the casting of a provisional ballot, but no
later than the day after the primary or election in which such provisional
ballot was cast, the board of registrars of the county or municipality, as the
case may be, shall be notified by the election superintendent that provisional
ballots were cast in the primary or election and the registrars shall be
provided with the documents completed by the person casting the provisional
ballot as provided in Code Section 21-2-418. Provisional ballots shall be
securely maintained by the election superintendent until a determination has
been made concerning their status. The board of registrars shall immediately
examine the information contained on such documents and make a good faith effort
to determine whether the person casting the provisional ballot was entitled to
vote in the primary or election.
(c)(1)
If the registrars determine after the polls close, but not later than two days
following the primary or election, that the person casting the provisional
ballot timely registered to vote and was eligible and entitled to vote in such
primary or election
or properly
applied to register to vote on the day of the primary or election or during the
advance voting period under subsection (b) of Code Section 21-2-380 under Code
Section 21-2-224.1 and met the qualifications to register to
vote, the registrars shall notify the
election superintendent and the provisional ballot shall be counted and included
in the county or municipality´s certified election results.
(2)
If the registrars determine after the polls close, but not later than two days
following the primary or election, that the person voting the provisional ballot
timely registered and was eligible and entitled to vote in the primary or
election or
properly applied to register to vote on the day of the primary or election or
during the advance voting period under subsection (b) of Code Section 21-2-380
under Code Section 21-2-224.1 and met the qualifications to register to
vote, but voted in the wrong precinct
or voted the
wrong ballot style or district
combination, then the board of registrars
shall notify the election superintendent. The superintendent shall count such
person´s votes which were cast for candidates in those races for which the
person was entitled to vote but shall not count the votes cast for candidates in
those races in which such person was not entitled to vote. The superintendent
shall order the proper election official at the tabulating center or precinct to
prepare an accurate duplicate ballot containing only those votes cast by such
person in those races in which such person was entitled to vote for processing
at the tabulating center or precinct, which shall be verified in the presence of
a witness. Such duplicate ballot shall be clearly labeled with the word
'Duplicate,' shall bear the designation of the polling place, and shall be given
the same serial number as the original ballot. The original ballot shall be
retained.
(3)
If the registrars determine that the person casting the provisional ballot did
not timely register to vote or was not eligible or entitled to vote in such
primary or election or shall be unable to determine within two days following
such primary or election whether such person timely registered to vote and was
eligible and entitled to vote in such primary or election, the registrars shall
so notify the election superintendent and such ballot shall not be counted. The
election superintendent shall mark or otherwise document that such ballot was
not counted and shall deliver and store such ballots with all other ballots and
election materials as provided in Code Section 21-2-500.
(d)(1)
The board of registrars shall notify in writing those persons whose provisional
ballots were not counted that their ballots were not counted because of the
inability of the registrars to verify that the persons timely registered to vote
or other proper reason. The registrars shall process the official voter
registration
application
form completed by such persons pursuant to Code Section
21-2-224.1
or 21-2-418 and shall add such persons to
the electors list if found qualified
in order that
such persons may vote in future primaries and
elections.
(2)
The board of registrars shall notify in writing those electors who voted in the
wrong precinct and whose votes were partially counted of their correct
precinct."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.