09 HB549/AP
House
Bill 549 (AS PASSED HOUSE AND SENATE)
By:
Representatives Ralston of the
7th
and Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, relating to registration of voters, so as to provide transmittal of
information to the Secretary of State regarding jurors who declare themselves as
not being a citizen of the United States; to amend Article 1 of Chapter 5 of
Title 40 of the Official Code of Georgia Annotated, relating to drivers'
licenses, so as to specify the information which the Department of Driver
Services may provide for purposes of creating juror lists; to provide for
related matters; to provide for an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating
to registration of voters, is amended by revising Code Section 21-2-231,
relating to monthly transmittal of information to the Secretary of State and
removal of persons from the list of electors, as follows:
"21-2-231.
(a)
Unless otherwise notified by the Secretary of State, the clerk of the superior
court of each county shall, on or before the tenth day of each month, prepare
and transmit to the Secretary of State, in a format as prescribed by the
Secretary of State, a complete list of all persons, including addresses, ages,
and other identifying information as prescribed by the Secretary of State, who
were convicted of a felony involving moral turpitude during the preceding
calendar month in that county. The Secretary of State may, by agreement with
the commissioner of the Department of Corrections, obtain criminal information
relating to the conviction, sentencing, and completion of sentencing
requirements of felonies involving moral turpitude. Additionally, the Secretary
of State shall be authorized to obtain such criminal information relating to
Georgia electors convicted of felonies involving moral turpitude, if possible,
from other states.
(a.1)
The clerk of the superior court of each county shall, on or before the tenth day
of each month, prepare and transmit to the Secretary of State, in a format as
prescribed by the Secretary of State, a complete list of all persons, including
addresses, ages, and other identifying information as prescribed by the
Secretary of State, who identify themselves as not being citizens of the United
States during their qualification to serve as a juror during the preceding
calendar month in that county.
(b)
The judge of the probate court of each county shall, on or before the tenth day
of each month, prepare and transmit to the Secretary of State, in a format as
prescribed by the Secretary of State, a complete list of all persons, including
addresses, ages, and other identifying information as prescribed by the
Secretary of State, who were declared mentally incompetent during the preceding
calendar month in the county and whose voting rights were removed.
(c)
Upon receipt of the lists described in subsections
(a),
(a.1), and (b) of this Code section and
the lists of persons convicted of felonies in federal courts received pursuant
to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall transmit the
names of such persons whose names appear on the list of electors to the
appropriate county board of registrars who shall remove all such names from the
list of electors and shall mail a notice of such action and the reason therefor
to the last known address of such persons by first-class mail.
(d)
Unless otherwise notified by the Secretary of State, the local registrar of
vital statistics of each county shall, on or before the tenth day of each month,
prepare and transmit to the Secretary of State, in a format as prescribed by the
Secretary of State, a complete list of all persons, including addresses, ages,
and other identifying information as prescribed by the Secretary of State, who
died during the preceding calendar month in the county. The Secretary of State
may, by agreement with the commissioner of human resources, obtain such
information from the state registrar of vital statistics. Additionally, the
Secretary of State is authorized to obtain such lists of deceased Georgia
electors, if possible, from other states.
(e)
Upon receipt of the lists described in subsection (d) of this Code section, the
Secretary of State or his or her designated agent shall remove all such names of
deceased persons from the list of electors and shall notify the registrar in the
county where the deceased person was domiciled at the time of his or her
death.
(f)
County registrars shall initiate appropriate action regarding the right of an
elector to remain on the list of qualified registered voters within 60 days
after receipt of the information described in this Code section. Failure to
take such action may subject the registrars or the county governing authority
for whom the registrars are acting to a fine by the State Election
Board."
SECTION
2.
Article
1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating
to drivers' licenses, is amended in Code Section 40-5-2, relating to keeping and
furnishing of information on licensees, by revising paragraph (7) of subsection
(f) as follows:
"(7)
The lists required to be made available to boards of jury commissioners and the
Administrative Office of the Courts pursuant to Code Section 15-12-40 regarding
county residents who are the holders of drivers' licenses or personal
identification cards issued pursuant to this chapter. Such lists shall identify
each such person by name, address, date of birth,
gender,
driver's license or personal identification card number issued pursuant to the
provisions of this chapter, and
gender,
and, whenever racial and ethnic
information is collected by the department for purposes of voter registration
pursuant to Code Section 21-2-221,
by racial
or ethnic group
the department
shall also provide such information. The department shall also provide the
address, effective date, document issue date, and document expiration date and
shall indicate whether the document is a driver's license or a personal
identification card."
SECTION
3.
Section
1 of this Act shall become effective on January 1, 2010. The remaining sections
of this Act shall become effective upon approval by the Governor or upon
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.