24 LC 47 2914S
The Senate Committee on Ethics offered the following
substitute to SB 221:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to1
elections and primaries generally, so as to provide that any person employed or retained by2
a county election superintendent to conduct election duties must be a citizen of the United3
States; to revise the rules for determining residence for voter registration; to provide that4
motor-voter applications shall be opt-in instead of opt-out; to revise provisions related to5
challenging electors; to provide for voting with paper ballots; to provide a definition; to6
expand the crime of interfering with a poll officer to include interfering with other election7
officials; to provide that intimidation of poll officers and other election officials is also8
criminal interference; to penalize the willful neglect or refusal of a county or municipal9
election superintendent to call an election where required to do so by a local Act of the10
General Assembly; to provide for related matters; to repeal conflicting laws; and for other11
purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
SECTION 1.14
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and15
primaries generally, is amended by adding a new Code section to read as follows:16
- 1 - 24 LC 47 2914S
"21-2-78.17
Any person employed or retained by a county election superintendent to undertake any18
election related duties arising from this chapter shall be a judicious, intelligent, and upright19
citizen of the United States."20
SECTION 2.21
Said chapter is further amended by revising Code Section 21-2-217, relating to rules for22
determining residence, as follows:23
"21-2-217.24
(a) In determining the residence of a person desiring to register to vote or to qualify to run25
for elective office, the following rules shall be followed so far as they are applicable:26
(1) The residence of any person shall be held to be in that place in which such person's27
habitation is fixed, without any present intention of removing therefrom;28
(1.1) The residence of any person of this state who is homeless and without a permanent29
address shall be the location of the courthouse of the county in which such person resides;30
(2) A person shall not be considered to have lost such person's residence who leaves such31
person's home and goes into another state or county or municipality in this state, for32
temporary purposes only, with the intention of returning, unless such person shall register33
to vote or perform other acts indicating a desire to change such person's citizenship and34
residence; provided, however, that:35
(A) If a person registers to vote in another state, county, municipality, or legislative36
district of any type or sort, that person shall automatically be deemed to have changed37
his or her residency;38
(B) If a person returns to his or her original place of residence after registering to vote39
in a different or separate jurisdiction, such person shall submit a new application for40
registration to vote in such person's original jurisdiction in order to be deemed a valid41
registered elector and resident of such jurisdiction for voting purposes; and42
- 2 - 24 LC 47 2914S
(C) Proof of ownership or rental of a post office box within a particular jurisdiction43
shall not constitute sufficient grounds to establish a person's residency within that44
particular jurisdiction;45
(3) A person shall not be considered to have gained a residence in any county or46
municipality of this state into which such person has come for temporary purposes only47
without the intention of making such county or municipality such person's permanent48
place of abode;49
(4) If a person removes to another state with the intention of making it such person's50
residence, such person shall be considered to have lost such person's residence in this51
state;52
(4.1) If a person removes to another county or municipality in this state with the intention53
of making it such person’s residence, such person shall be considered to have lost such54
person’s residence in the former county or municipality in this state;55
(5) If a person removes to another state with the intention of remaining there an indefinite56
time and making such state such person's place of residence, such person shall be57
considered to have lost such person's residence in this state, notwithstanding that such58
person may intend to return at some indefinite future period;59
(6) If a person removes to another county or municipality within this state with the60
intention of remaining there an indefinite time and making such other county or61
municipality such person's place of residence, such person shall be considered to have lost62
such person's residence in the former county or municipality, notwithstanding that such63
person may intend to return at some indefinite future period;64
(7) The residence for voting purposes of a person shall not be required to be the same as65
the residence for voting purposes of his or her spouse;66
(8) No person shall be deemed to have gained or lost a residence by reason of such67
person's presence or absence while enrolled as a student at any college, university, or68
other institution of learning in this state;69
- 3 - 24 LC 47 2914S
(9) The mere intention to acquire a new residence, without the fact of removal, shall avail70
nothing; neither shall the fact of removal without the intention;71
(10) No member of the armed forces of the United States shall be deemed to have72
acquired a residence in this state by reason of being stationed on duty in this state;73
(11) If a person removes to the District of Columbia or other federal territory, another74
state, or foreign country to engage in government service, such person shall not be75
considered to have lost such person's residence in this state during the period of such76
service; and the place where the person resided at the time of such person's removal shall77
be considered and held to be such person's place of residence;78
(12) If a person is adjudged mentally ill and is committed to an institution for the79
mentally ill, such person shall not be considered to have gained a residence in the county80
in which the institution to which such person is committed is located;81
(13) If a person goes into another state and while there exercises the right of a citizen by82
voting, such person shall be considered to have lost such person's residence in this state;83
(14) The specific address in the county or municipality in which a person has declared84
a homestead exemption, if a homestead exemption has been claimed, shall be deemed the85
person's residence address; and86
(15) For voter registration purposes, the board of registrars and, for candidacy residency87
purposes, the Secretary of State, election superintendent, or hearing officer may consider88
evidence of where the person receives significant mail such as personal bills and any89
other evidence that indicates where the person resides.90
(b) In determining a voter's qualification to register and vote, the registrars to whom such91
application is made shall consider, in addition to the applicant's expressed intent, any92
relevant circumstances determining the applicant's residence. The registrars taking such93
registration may consider the applicant's financial independence, business pursuits,94
employment, income sources, residence for income tax purposes, age, marital status,95
residence of parents, spouse, and children, if any, leaseholds, sites of personal and real96
- 4 - 24 LC 47 2914S
property owned by the applicant, motor vehicle and other personal property registration,97
national change of address program information sponsored by the United States Postal98
Service, and any other factor, including, but not limited to, professionally aggregated99
commercial or proprietary information that includes, but is not limited to, change of100
addresses, lease information, insurance change of addresses, and identification change of101
addresses, and other such factors that the registrars may reasonably deem necessary to102
determine in good faith the qualification of an applicant to vote in a primary or election103
including a sworn statement by any person with relevant information pertaining to a factor104
indicating an applicant's residence or nonresidence. The decision of the registrars to whom105
such application is made shall be presumptive evidence of a person's residence for voting106
purposes."107
SECTION 3.108
Said chapter is further amended by revising subsection (a) of Code Section 21-2-221, relating109
to driver's license or identification card application as application for voter registration, as110
follows:111
"(a) Each application to obtain, renew, or change the name or address on a driver's license112
or identification card issued by the Department of Driver Services pursuant to Chapter 5113
of Title 40 made by an applicant who is within six months of such applicant's eighteenth114
birthday or older shall may, if eligible, also serve as an application for voter registration115
unless the applicant declines to register to vote through specific declination or by failing116
to sign the voter registration application. The applicant may sign the voter registration117
application to register to vote or to update the voter's registration if the voter has changed118
his or her address. Such applicant must be a citizen of the United States and a resident of119
Georgia."120
- 5 - 24 LC 47 2914S
SECTION 4.121
Said chapter is further amended by revising subsection (b) of Code Section 21-2-230, relating122
to challenge of persons on list of electors by other electors, procedure, hearing, and right of123
appeal, and by adding a new subsection to read as follows:124
"(b) Upon the filing of such challenge, the board of registrars shall immediately consider125
such challenge and determine whether probable cause exists to sustain such challenge. If126
the registrars do not find probable cause, the challenge shall be denied. If the registrars find127
probable cause, the registrars shall notify the poll officers of the challenged elector's128
precinct or, if the challenged elector voted by absentee ballot, notify the poll officers at the129
absentee ballot precinct and, if practical, notify the challenged elector and afford such130
elector an opportunity to answer. Probable causes shall include, but not be limited to, an131
elector registering to vote in different jurisdiction; an elector obtaining a homestead132
exemption in different jurisdiction; a missing or invalid date of birth for an elector; a133
missing, nonexistent, or invalid address for an elector; or an elector being registered at a134
nonresidential address. If a challenged elector's name appears on a search on the National135
Change of Address data base, as maintained by the United States Postal Service, as having136
changed such elector's residence to a new jurisdiction, the presence of such elector's name137
on such data base shall constitute sufficient cause to sustain the challenge against the138
elector; provided, however, that:139
(1) If the challenge is based solely upon an elector's name appearing on such data base140
within 45 days of a primary, run-off primary, election, or run-off election, such challenge141
shall be postponed until the certification of such primary, election, or runoff is completed;142
and143
(2) Any challenge based solely upon an elector's name appearing on such data base but144
who is determined eligible pursuant to the residency definitions provided for in145
paragraph (8), (10), or (11) of subsection (a) of Code Section 21-2-217 shall be deemed146
insufficient to sustain such challenge."147
- 6 - 24 LC 47 2914S
"(k) Any challenge of an elector that occurs during a primary or general election shall148
continue through the run-off primary or run-off election of such primary or general149
election."150
SECTION 5.151
Said chapter is further amended in Article 6, relating to registration of voters, by adding a152
new Code section to read as follows:153
"21-2-237.154
Any proceedings relating to a challenge brought against an elector under this chapter shall155
not be governed by Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' or the rules of156
evidence set forth in Title 24. However, such evidence presented at any hearing on a157
challenge shall be persuasive and reliable."158
SECTION 6.159
Said chapter is further amended by revising Code Section 21-2-334, relating to voting by160
paper ballot when use of voting machine impossible or impracticable, as follows:161
"21-2-334. 162
For any If a method of nomination or election for any candidate or office, or of for voting163
on any question is prescribed by law, in which the use of voting machines is not possible164
or practicable, or in case, at any primary or election, the number of candidates seeking165
nomination or nominated for any office renders the use of voting machines for such office166
at such primary or election impracticable, or if, for any other reason, at any primary or167
election the use of voting machines wholly or in part is not practicable, the superintendent,168
with the review and approval by the State Election Board, may arrange to have the voting169
for such candidates or offices or for such questions conducted by paper ballots. In such170
cases, paper ballots shall be printed for such candidates, offices, or questions, and the171
primary or election shall be conducted by the poll officers, and the ballots shall be counted172
- 7 - 24 LC 47 2914S
and return thereof made in the manner required by law for such nominations, offices, or173
questions, insofar as paper ballots are used."174
SECTION 7.175
Said chapter is further amended by revising Code Section 21-2-529, relating to liability for176
costs and methods of collecting, as follows:177
"21-2-529.178
The contestant and the defendant shall be liable to the officers and witnesses for the costs179
made by them, respectively. If the result of the primary or election is confirmed, the180
petition dismissed, or the prosecution fails, judgment shall be rendered against the181
contestant for costs; and, if the judgment is against the defendant or the result of the182
primary or election is set aside, he or she shall pay the costs at the discretion of the court. 183
After entry of judgment, the costs may be collected by attachment or otherwise. Under no184
circumstances shall a nonprevailing party be liable for reasonable or actual attorney's fees185
so long as the election contest was brought in good faith."186
SECTION 8.187
Said chapter is further amended by revising Code Section 21-2-569, relating to interfering188
with poll officers, as follows:189
"21-2-569. 190
(a) As used in this Code section, the term 'acts in any other manner to intimidate' means191
to undertake or pursue a knowing and willful course of conduct which causes emotional192
distress by placing another person in reasonable fear for such person's safety or for the193
safety of another person and which serves no legitimate purpose.194
(b) Any person, including any poll officer or other election official, who willfully prevents195
any poll officer or other election official from performing the duties imposed on him or her196
- 8 - 24 LC 47 2914S
by this chapter or acts in any other manner to intimidate any poll officer or election official197
from faithfully performing his or her duties as required by law shall be guilty of a felony."198
SECTION 9.199
Said chapter is further amended by adding a new Code section to read as follows:200
"21-2-596.1.201
Any county or municipal election superintendent on whom a duty to call an election is laid202
by a local Act of the General Assembly who willfully neglects or refuses to perform his or203
her duty to call such election shall be guilty of a misdemeanor."204
SECTION 10.205
All laws and parts of laws in conflict with this Act are repealed.206
- 9 -