25 LC 47 3160
House Bill 215
By: Representatives Momtahan of the 17
th
, Fleming of the 114
th
, Townsend of the 179
th
,
Ballinger of the 23
rd
, Jasperse of the 11
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to
1
elections and primaries generally, so as to remove authorization for the Secretary of State to2
become a member of a nongovernmental entity whose purpose is to share and exchange3
information in order to improve the accuracy and efficiency of voter registration systems; to4
provide for definitions; to maintain an exemption to the disclosure of certain documents; to5
prohibit the Secretary of State, other state level actors, and local boards of registrars and6
election superintendents from participating in certain multistate voter list maintenance7
organizations; to require the termination of participation in any prohibited multistate voter8
list maintenance organizations; to make conforming changes; to provide for related matters;9
to provide for a short title; to provide for an effective date; to repeal conflicting laws; and for10
other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
This Act shall be known and may be cited as the "Voter List Integrity Act."14
H. B. 215
- 1 - 25 LC 47 3160
SECTION 2.
15
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and16
primaries generally, is amended by revising Code Section 21-2-2, relating to definitions, by17
adding new paragraphs to read as follows:18
"(11.1) 'Multistate voter list maintenance organization' means any entity, organization,
19
consortium, or cooperative agreement among states or jurisdictions that involves the20
sharing of voter registration data for the purpose of voter list maintenance."21
"(39.1) 'Voter list maintenance' means the process of ensuring the accuracy and currency22
of voter registration lists, including, but not limited to, removing ineligible voters and23
updating records."24
SECTION 3.25
Said chapter is further amended by revising Code Section 21-2-225, relating to restrictions26
on public inspection of applications for voter registration and data on electors, and 27
membership of Secretary of State in nongovernmental entity for purpose of improving voter28
registration systems, as follows:29
"21-2-225.30
(a) Neither the original applications for voter registration nor any copies thereof shall be31
open for public inspection except upon order of a court of competent jurisdiction.32
(b) Except as provided in Code Section 21-2-225.1, all data collected and maintained on33
electors whose names appear on the list of electors maintained by the Secretary of State34
pursuant to this article shall be available for public inspection with the exception of bank35
statements submitted pursuant to subsection (c) of Code Section 21-2-220 and36
subsection (c) of Code Section 21-2-417, the month and day of birth, the social security37
numbers, email addresses, and driver's license numbers of the electors, and the locations38
at which the electors applied to register to vote, which shall remain confidential and shall39
be used only for voter registration purposes; provided, however, that any and all40
H. B. 215
- 2 - 25 LC 47 3160
information relating to the dates of birth, social security numbers, and driver's license
41
numbers of electors may be made available to other agencies of this state, to agencies of42
other states and territories of the United States, and to agencies of the federal government43
if the agency is authorized to maintain such information and the information is used only44
to identify the elector on the receiving agency's data base and is not disseminated further45
and remains confidential. Information regarding an elector's year of birth shall be available46
for public inspection.47
(c) It shall be the duty of the Secretary of State to furnish copies of such data as may be48
collected and maintained on electors whose names appear on the list of electors maintained49
by the Secretary of State pursuant to this article, within the limitations provided in this50
article, on electronic media or computer run list or both. Notwithstanding any other51
provision of law to the contrary, the Secretary of State shall establish the cost to be charged52
for such data. The Secretary of State may contract with private vendors to make such data53
available in accordance with this subsection. Such data may not be used by any person for54
commercial purposes.55
(d)(1) The Secretary of State may become a member of a nongovernmental entity whose
56
purpose is to share and exchange information in order to improve the accuracy and57
efficiency of voter registration systems. The membership of the nongovernmental entity58
shall be composed solely of election officials of state and territorial governments of the59
United States, except that such membership may also include election officials of the60
District of Columbia.61
(2) Notwithstanding any provision of law to the contrary, the Secretary of State may62
share confidential and exempt information after becoming a member of such63
nongovernmental entity as provided in paragraph (1) of this subsection.64
(3) The Secretary of State may become a member of such nongovernmental entity only65
if such entity is controlled and operated by the participating jurisdictions. The entity shall66
not be operated or controlled by the federal government or any other entity acting on67
H. B. 215
- 3 - 25 LC 47 3160
behalf of the federal government. The Secretary of State must be able to withdraw at any68
time from any such membership in such nongovernmental entity.69
(4) If the Secretary of State becomes a member of such nongovernmental entity, the70
Department of Driver Services shall, pursuant to an agreement with the Secretary of71
State, provide driver's license or identification card information related to voter eligibility72
to the Secretary of State for the purpose of sharing and exchanging voter registration73
information with such nongovernmental entity.74
(5) Notwithstanding any law to the contrary, upon the Secretary of State becoming a75
member of a nongovernmental entity as provided in this subsection, any information76
received by the Secretary of State prior to the effective date of this subsection from the77
a nongovernmental entity whose purpose was to share and exchange information in order78
to improve the accuracy and efficiency of voter registration systems is exempt from79
disclosure under Article 4 of Chapter 18 of Title 50, relating to open records, and any80
other provision of law. However, the Secretary of State may provide such information81
to the boards of registrars to conduct voter registration list maintenance activities.82
(e)(1) The Secretary of State or any other state department, agency, board, bureau, office,83
commission, public corporation, or authority or any board of registrars or election84
superintendent shall be prohibited from joining or participating in any multistate voter list85
maintenance organization that:86
(A) Requires or encourages the contacting of individuals who are not currently87
registered to vote with the intent to register them to vote; or88
(B) Shares voter data outside of the explicit purpose of removing deceased, duplicate,89
or otherwise ineligible voters from the list of electors.90
(2) The Secretary of State or any other state department, agency, board, bureau, office,91
commission, public corporation, or authority or any board of registrars or election92
superintendent shall terminate participation in any multistate voter list maintenance93
H. B. 215
- 4 - 25 LC 47 3160
organization prohibited by paragraph (1) of this subsection within 90 days of the effective94
date of this subsection."95
SECTION 4.96
Said chapter is further amended by revising subsection (b) of Code Section 21-2-232, relating97
to removal of elector's name from list of electors, as follows:98
"(b)(1) When an elector of this state moves to another state and registers to vote and the99
registration officials in such state send a notice of cancellation reflecting the registration100
of the elector in the other state, which includes a copy of such elector's voter registration101
application bearing the elector's signature, the Secretary of State or the board of102
registrars, as the case may be, shall remove such elector's name from the list of electors.103
It shall not be necessary to send a confirmation notice to the elector in such104
circumstances.105
(2) When an elector of this state moves to another state and the registration officials in106
such other state or a nongovernmental entity as described in subsection (d) of Code107
Section 21-2-225 send a notice of cancellation or other information indicating that the108
elector has moved to such state but such notice or information does not include a copy109
of such elector's voter registration application in such other state bearing the elector's110
signature, the Secretary of State or the board of registrars, as the case may be, shall send111
a confirmation notice to the elector as provided in Code Section 21-2-234.112
(3) Once becoming a member of the nongovernmental entity described in subsection (d)113
of Code Section 21-2-225, the Secretary of State shall obtain regular information from114
such entity regarding electors who may have moved to another state, died, or otherwise115
become ineligible to vote in Georgia. The Secretary of State shall use such information116
to conduct list maintenance on the list of eligible electors."117
H. B. 215
- 5 - 25 LC 47 3160
SECTION 5.
118
This Act shall become effective upon its approval by the Governor or upon its becoming law119
without such approval.120
SECTION 6.121
All laws and parts of laws in conflict with this Act are repealed.122
H. B. 215
- 6 -