| 13 | | - | list maintenance organizations; to authorize the Secretary of State to enter into voter list9 |
|---|
| 14 | | - | maintenance joint compacts with other states; to authorize the sharing of driver's license and10 |
|---|
| 15 | | - | identification card information; to provide conditions for entering such compacts; to make11 |
|---|
| 16 | | - | conforming changes; to provide for related matters; to provide for a short title; to provide for12 |
|---|
| 17 | | - | an effective date; to repeal conflicting laws; and for other purposes.13 |
|---|
| 18 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 |
|---|
| 19 | | - | SECTION 1.15 |
|---|
| 20 | | - | This Act shall be known and may be cited as the "Voter List Integrity Act."16 |
|---|
| 21 | | - | H. B. 215 (SUB) |
|---|
| 22 | | - | - 1 - 25 LC 47 3419S |
|---|
| 23 | | - | SECTION 2.17 |
|---|
| 24 | | - | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and18 |
|---|
| 25 | | - | primaries generally, is amended by revising Code Section 21-2-2, relating to definitions, by19 |
|---|
| 26 | | - | adding new paragraphs to read as follows:20 |
|---|
| 27 | | - | "(11.1) 'Multistate voter list maintenance organization' means any entity, organization,21 |
|---|
| 28 | | - | consortium, or cooperative agreement among states or jurisdictions that involves the22 |
|---|
| 29 | | - | sharing of voter registration data for the purpose of voter list maintenance."23 |
|---|
| 30 | | - | "(39.1) 'Voter list maintenance' means the process of ensuring the accuracy and currency24 |
|---|
| 31 | | - | of voter registration lists, including, but not limited to, removing ineligible voters and25 |
|---|
| 32 | | - | updating records."26 |
|---|
| 33 | | - | SECTION 3.27 |
|---|
| 34 | | - | Said chapter is further amended by revising Code Section 21-2-225, relating to restrictions28 |
|---|
| 35 | | - | on public inspection of applications for voter registration and data on electors, and 29 |
|---|
| 36 | | - | membership of Secretary of State in nongovernmental entity for purpose of improving voter30 |
|---|
| 37 | | - | registration systems, as follows:31 |
|---|
| 38 | | - | "21-2-225.32 |
|---|
| 39 | | - | (a) Neither the original applications for voter registration nor any copies thereof shall be33 |
|---|
| 40 | | - | open for public inspection except upon order of a court of competent jurisdiction.34 |
|---|
| 41 | | - | (b) Except as provided in Code Section 21-2-225.1, all data collected and maintained on35 |
|---|
| 42 | | - | electors whose names appear on the list of electors maintained by the Secretary of State36 |
|---|
| 43 | | - | pursuant to this article shall be available for public inspection with the exception of bank37 |
|---|
| 44 | | - | statements submitted pursuant to subsection (c) of Code Section 21-2-220 and38 |
|---|
| 45 | | - | subsection (c) of Code Section 21-2-417, the month and day of birth, the social security39 |
|---|
| 46 | | - | numbers, email addresses, and driver's license numbers of the electors, and the locations40 |
|---|
| 47 | | - | at which the electors applied to register to vote, which shall remain confidential and shall41 |
|---|
| 48 | | - | be used only for voter registration purposes; provided, however, that any and all42 |
|---|
| 49 | | - | H. B. 215 (SUB) |
|---|
| 50 | | - | - 2 - 25 LC 47 3419S |
|---|
| 51 | | - | information relating to the dates of birth, social security numbers, and driver's license43 |
|---|
| 52 | | - | numbers of electors may be made available to other agencies of this state, to agencies of44 |
|---|
| 53 | | - | other states and territories of the United States, and to agencies of the federal government45 |
|---|
| 54 | | - | if the agency is authorized to maintain such information and the information is used only46 |
|---|
| 55 | | - | to identify the elector on the receiving agency's data base and is not disseminated further47 |
|---|
| 56 | | - | and remains confidential. Information regarding an elector's year of birth shall be available48 |
|---|
| 57 | | - | for public inspection.49 |
|---|
| 58 | | - | (c) It shall be the duty of the Secretary of State to furnish copies of such data as may be50 |
|---|
| 59 | | - | collected and maintained on electors whose names appear on the list of electors maintained51 |
|---|
| 60 | | - | by the Secretary of State pursuant to this article, within the limitations provided in this52 |
|---|
| 61 | | - | article, on electronic media or computer run list or both. Notwithstanding any other53 |
|---|
| 62 | | - | provision of law to the contrary, the Secretary of State shall establish the cost to be charged54 |
|---|
| 63 | | - | for such data. The Secretary of State may contract with private vendors to make such data55 |
|---|
| 64 | | - | available in accordance with this subsection. Such data may not be used by any person for56 |
|---|
| 65 | | - | commercial purposes.57 |
|---|
| 66 | | - | (d)(1) The Secretary of State may become a member of a nongovernmental entity whose58 |
|---|
| 67 | | - | purpose is to share and exchange information in order to improve the accuracy and59 |
|---|
| 68 | | - | efficiency of voter registration systems. The membership of the nongovernmental entity60 |
|---|
| 69 | | - | shall be composed solely of election officials of state and territorial governments of the61 |
|---|
| 70 | | - | United States, except that such membership may also include election officials of the62 |
|---|
| 71 | | - | District of Columbia.63 |
|---|
| 72 | | - | (2) Notwithstanding any provision of law to the contrary, the Secretary of State may64 |
|---|
| 73 | | - | share confidential and exempt information after becoming a member of such65 |
|---|
| 74 | | - | nongovernmental entity as provided in paragraph (1) of this subsection.66 |
|---|
| 75 | | - | (3) The Secretary of State may become a member of such nongovernmental entity only67 |
|---|
| 76 | | - | if such entity is controlled and operated by the participating jurisdictions. The entity shall68 |
|---|
| 77 | | - | not be operated or controlled by the federal government or any other entity acting on69 |
|---|
| 78 | | - | H. B. 215 (SUB) |
|---|
| 79 | | - | - 3 - 25 LC 47 3419S |
|---|
| 80 | | - | behalf of the federal government. The Secretary of State must be able to withdraw at any70 |
|---|
| 81 | | - | time from any such membership in such nongovernmental entity.71 |
|---|
| 82 | | - | (4) If the Secretary of State becomes a member of such nongovernmental entity, the72 |
|---|
| 83 | | - | Department of Driver Services shall, pursuant to an agreement with the Secretary of73 |
|---|
| 84 | | - | State, provide driver's license or identification card information related to voter eligibility74 |
|---|
| 85 | | - | to the Secretary of State for the purpose of sharing and exchanging voter registration75 |
|---|
| 86 | | - | information with such nongovernmental entity.76 |
|---|
| 87 | | - | (5) Notwithstanding any law to the contrary, upon the Secretary of State becoming a77 |
|---|
| 88 | | - | member of a nongovernmental entity as provided in this subsection, any information78 |
|---|
| 89 | | - | received by the Secretary of State prior to the effective date of this subsection from the79 |
|---|
| 90 | | - | a nongovernmental entity whose purpose was to share and exchange information in order80 |
|---|
| 91 | | - | to improve the accuracy and efficiency of voter registration systems is exempt from81 |
|---|
| 92 | | - | disclosure under Article 4 of Chapter 18 of Title 50, relating to open records, and any82 |
|---|
| 93 | | - | other provision of law. However, the Secretary of State may provide such information83 |
|---|
| 94 | | - | to the boards of registrars to conduct voter registration list maintenance activities.84 |
|---|
| 95 | | - | (e)(1) The Secretary of State or any other state department, agency, board, bureau, office,85 |
|---|
| 96 | | - | commission, public corporation, or authority or any board of registrars or election86 |
|---|
| 97 | | - | superintendent shall be prohibited from joining or participating in any multistate voter list87 |
|---|
| 98 | | - | maintenance organization that:88 |
|---|
| 99 | | - | (A) Requires or encourages the contacting of individuals who are not currently89 |
|---|
| 100 | | - | registered to vote with the intent to register them to vote; or90 |
|---|
| 101 | | - | (B) Shares voter data outside of the explicit purpose of removing deceased, duplicate,91 |
|---|
| 102 | | - | or otherwise ineligible voters from the list of electors.92 |
|---|
| 103 | | - | (2) The Secretary of State or any other state department, agency, board, bureau, office,93 |
|---|
| 104 | | - | commission, public corporation, or authority or any board of registrars or election94 |
|---|
| 105 | | - | superintendent shall terminate participation in any multistate voter list maintenance95 |
|---|
| 106 | | - | H. B. 215 (SUB) |
|---|
| 107 | | - | - 4 - 25 LC 47 3419S |
|---|
| 108 | | - | organization prohibited by paragraph (1) of this subsection within 90 days of the effective96 |
|---|
| 109 | | - | date of this subsection.97 |
|---|
| 110 | | - | (f)(1) In order to improve the accuracy and efficiency of the voter registration system,98 |
|---|
| 111 | | - | the Secretary of State shall be authorized to enter into joint compacts with the chief99 |
|---|
| 112 | | - | election official of any other state or states for the purpose of sharing information for100 |
|---|
| 113 | | - | voter list maintenance.101 |
|---|
| 114 | | - | (2) Notwithstanding any provisions of law to the contrary, the Secretary of State may102 |
|---|
| 115 | | - | share confidential and exempt information after becoming a member of such voter list103 |
|---|
| 116 | | - | maintenance joint compact.104 |
|---|
| 117 | | - | (3) If the Secretary of State becomes a member of such voter list maintenance joint105 |
|---|
| 118 | | - | compact, the Department of Driver Services shall, pursuant to an agreement with the106 |
|---|
| 119 | | - | Secretary of State, provide driver's license or identification card information related to107 |
|---|
| 120 | | - | voter eligibility to the Secretary of State for the purpose of sharing and exchanging voter108 |
|---|
| 121 | | - | registration information with the other state or states participating in such compact.109 |
|---|
| 122 | | - | (4) The Secretary of State must be able to withdraw from any such joint compact at any110 |
|---|
| 123 | | - | time."111 |
|---|
| 124 | | - | SECTION 4.112 |
|---|
| 125 | | - | Said chapter is further amended by revising subsection (b) of Code Section 21-2-232, relating113 |
|---|
| 126 | | - | to removal of elector's name from list of electors, as follows:114 |
|---|
| 127 | | - | "(b)(1) When an elector of this state moves to another state and registers to vote and the115 |
|---|
| 128 | | - | registration officials in such state send a notice of cancellation reflecting the registration116 |
|---|
| 129 | | - | of the elector in the other state, which includes a copy of such elector's voter registration117 |
|---|
| 130 | | - | application bearing the elector's signature, the Secretary of State or the board of118 |
|---|
| 131 | | - | registrars, as the case may be, shall remove such elector's name from the list of electors.119 |
|---|
| 132 | | - | It shall not be necessary to send a confirmation notice to the elector in such120 |
|---|
| 133 | | - | circumstances.121 |
|---|
| 134 | | - | H. B. 215 (SUB) |
|---|
| 135 | | - | - 5 - 25 LC 47 3419S |
|---|
| 136 | | - | (2) When an elector of this state moves to another state and the registration officials in122 |
|---|
| 137 | | - | such other state or a nongovernmental entity as described in subsection (d) of Code123 |
|---|
| 138 | | - | Section 21-2-225 send a notice of cancellation or other information indicating that the124 |
|---|
| 139 | | - | elector has moved to such state but such notice or information does not include a copy125 |
|---|
| 140 | | - | of such elector's voter registration application in such other state bearing the elector's126 |
|---|
| 141 | | - | signature, the Secretary of State or the board of registrars, as the case may be, shall send127 |
|---|
| 142 | | - | a confirmation notice to the elector as provided in Code Section 21-2-234.128 |
|---|
| 143 | | - | (3) Once becoming a member of the nongovernmental entity described in subsection (d)129 |
|---|
| 144 | | - | of Code Section 21-2-225, the Secretary of State shall obtain regular information from130 |
|---|
| 145 | | - | such entity regarding electors who may have moved to another state, died, or otherwise131 |
|---|
| 146 | | - | become ineligible to vote in Georgia. The Secretary of State shall use such information132 |
|---|
| 147 | | - | to conduct list maintenance on the list of eligible electors."133 |
|---|
| 148 | | - | SECTION 5.134 |
|---|
| 149 | | - | This Act shall become effective upon its approval by the Governor or upon its becoming law135 |
|---|
| 150 | | - | without such approval.136 |
|---|
| 151 | | - | SECTION 6.137 |
|---|
| 152 | | - | All laws and parts of laws in conflict with this Act are repealed.138 |
|---|
| 153 | | - | H. B. 215 (SUB) |
|---|
| 26 | + | list maintenance organizations; to make conforming changes; to provide for related matters;9 |
|---|
| 27 | + | to provide for a short title; to provide for an effective date; to repeal conflicting laws; and for10 |
|---|
| 28 | + | other purposes.11 |
|---|
| 29 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 |
|---|
| 30 | + | SECTION 1.13 |
|---|
| 31 | + | This Act shall be known and may be cited as the "Voter List Integrity Act."14 |
|---|
| 32 | + | H. B. 215 |
|---|
| 33 | + | - 1 - 25 LC 47 3160 |
|---|
| 34 | + | SECTION 2. |
|---|
| 35 | + | 15 |
|---|
| 36 | + | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and16 |
|---|
| 37 | + | primaries generally, is amended by revising Code Section 21-2-2, relating to definitions, by17 |
|---|
| 38 | + | adding new paragraphs to read as follows:18 |
|---|
| 39 | + | "(11.1) 'Multistate voter list maintenance organization' means any entity, organization, |
|---|
| 40 | + | 19 |
|---|
| 41 | + | consortium, or cooperative agreement among states or jurisdictions that involves the20 |
|---|
| 42 | + | sharing of voter registration data for the purpose of voter list maintenance."21 |
|---|
| 43 | + | "(39.1) 'Voter list maintenance' means the process of ensuring the accuracy and currency22 |
|---|
| 44 | + | of voter registration lists, including, but not limited to, removing ineligible voters and23 |
|---|
| 45 | + | updating records."24 |
|---|
| 46 | + | SECTION 3.25 |
|---|
| 47 | + | Said chapter is further amended by revising Code Section 21-2-225, relating to restrictions26 |
|---|
| 48 | + | on public inspection of applications for voter registration and data on electors, and 27 |
|---|
| 49 | + | membership of Secretary of State in nongovernmental entity for purpose of improving voter28 |
|---|
| 50 | + | registration systems, as follows:29 |
|---|
| 51 | + | "21-2-225.30 |
|---|
| 52 | + | (a) Neither the original applications for voter registration nor any copies thereof shall be31 |
|---|
| 53 | + | open for public inspection except upon order of a court of competent jurisdiction.32 |
|---|
| 54 | + | (b) Except as provided in Code Section 21-2-225.1, all data collected and maintained on33 |
|---|
| 55 | + | electors whose names appear on the list of electors maintained by the Secretary of State34 |
|---|
| 56 | + | pursuant to this article shall be available for public inspection with the exception of bank35 |
|---|
| 57 | + | statements submitted pursuant to subsection (c) of Code Section 21-2-220 and36 |
|---|
| 58 | + | subsection (c) of Code Section 21-2-417, the month and day of birth, the social security37 |
|---|
| 59 | + | numbers, email addresses, and driver's license numbers of the electors, and the locations38 |
|---|
| 60 | + | at which the electors applied to register to vote, which shall remain confidential and shall39 |
|---|
| 61 | + | be used only for voter registration purposes; provided, however, that any and all40 |
|---|
| 62 | + | H. B. 215 |
|---|
| 63 | + | - 2 - 25 LC 47 3160 |
|---|
| 64 | + | information relating to the dates of birth, social security numbers, and driver's license |
|---|
| 65 | + | 41 |
|---|
| 66 | + | numbers of electors may be made available to other agencies of this state, to agencies of42 |
|---|
| 67 | + | other states and territories of the United States, and to agencies of the federal government43 |
|---|
| 68 | + | if the agency is authorized to maintain such information and the information is used only44 |
|---|
| 69 | + | to identify the elector on the receiving agency's data base and is not disseminated further45 |
|---|
| 70 | + | and remains confidential. Information regarding an elector's year of birth shall be available46 |
|---|
| 71 | + | for public inspection.47 |
|---|
| 72 | + | (c) It shall be the duty of the Secretary of State to furnish copies of such data as may be48 |
|---|
| 73 | + | collected and maintained on electors whose names appear on the list of electors maintained49 |
|---|
| 74 | + | by the Secretary of State pursuant to this article, within the limitations provided in this50 |
|---|
| 75 | + | article, on electronic media or computer run list or both. Notwithstanding any other51 |
|---|
| 76 | + | provision of law to the contrary, the Secretary of State shall establish the cost to be charged52 |
|---|
| 77 | + | for such data. The Secretary of State may contract with private vendors to make such data53 |
|---|
| 78 | + | available in accordance with this subsection. Such data may not be used by any person for54 |
|---|
| 79 | + | commercial purposes.55 |
|---|
| 80 | + | (d)(1) The Secretary of State may become a member of a nongovernmental entity whose |
|---|
| 81 | + | 56 |
|---|
| 82 | + | purpose is to share and exchange information in order to improve the accuracy and57 |
|---|
| 83 | + | efficiency of voter registration systems. The membership of the nongovernmental entity58 |
|---|
| 84 | + | shall be composed solely of election officials of state and territorial governments of the59 |
|---|
| 85 | + | United States, except that such membership may also include election officials of the60 |
|---|
| 86 | + | District of Columbia.61 |
|---|
| 87 | + | (2) Notwithstanding any provision of law to the contrary, the Secretary of State may62 |
|---|
| 88 | + | share confidential and exempt information after becoming a member of such63 |
|---|
| 89 | + | nongovernmental entity as provided in paragraph (1) of this subsection.64 |
|---|
| 90 | + | (3) The Secretary of State may become a member of such nongovernmental entity only65 |
|---|
| 91 | + | if such entity is controlled and operated by the participating jurisdictions. The entity shall66 |
|---|
| 92 | + | not be operated or controlled by the federal government or any other entity acting on67 |
|---|
| 93 | + | H. B. 215 |
|---|
| 94 | + | - 3 - 25 LC 47 3160 |
|---|
| 95 | + | behalf of the federal government. The Secretary of State must be able to withdraw at any68 |
|---|
| 96 | + | time from any such membership in such nongovernmental entity.69 |
|---|
| 97 | + | (4) If the Secretary of State becomes a member of such nongovernmental entity, the70 |
|---|
| 98 | + | Department of Driver Services shall, pursuant to an agreement with the Secretary of71 |
|---|
| 99 | + | State, provide driver's license or identification card information related to voter eligibility72 |
|---|
| 100 | + | to the Secretary of State for the purpose of sharing and exchanging voter registration73 |
|---|
| 101 | + | information with such nongovernmental entity.74 |
|---|
| 102 | + | (5) Notwithstanding any law to the contrary, upon the Secretary of State becoming a75 |
|---|
| 103 | + | member of a nongovernmental entity as provided in this subsection, any information76 |
|---|
| 104 | + | received by the Secretary of State prior to the effective date of this subsection from the77 |
|---|
| 105 | + | a nongovernmental entity whose purpose was to share and exchange information in order78 |
|---|
| 106 | + | to improve the accuracy and efficiency of voter registration systems is exempt from79 |
|---|
| 107 | + | disclosure under Article 4 of Chapter 18 of Title 50, relating to open records, and any80 |
|---|
| 108 | + | other provision of law. However, the Secretary of State may provide such information81 |
|---|
| 109 | + | to the boards of registrars to conduct voter registration list maintenance activities.82 |
|---|
| 110 | + | (e)(1) The Secretary of State or any other state department, agency, board, bureau, office,83 |
|---|
| 111 | + | commission, public corporation, or authority or any board of registrars or election84 |
|---|
| 112 | + | superintendent shall be prohibited from joining or participating in any multistate voter list85 |
|---|
| 113 | + | maintenance organization that:86 |
|---|
| 114 | + | (A) Requires or encourages the contacting of individuals who are not currently87 |
|---|
| 115 | + | registered to vote with the intent to register them to vote; or88 |
|---|
| 116 | + | (B) Shares voter data outside of the explicit purpose of removing deceased, duplicate,89 |
|---|
| 117 | + | or otherwise ineligible voters from the list of electors.90 |
|---|
| 118 | + | (2) The Secretary of State or any other state department, agency, board, bureau, office,91 |
|---|
| 119 | + | commission, public corporation, or authority or any board of registrars or election92 |
|---|
| 120 | + | superintendent shall terminate participation in any multistate voter list maintenance93 |
|---|
| 121 | + | H. B. 215 |
|---|
| 122 | + | - 4 - 25 LC 47 3160 |
|---|
| 123 | + | organization prohibited by paragraph (1) of this subsection within 90 days of the effective94 |
|---|
| 124 | + | date of this subsection."95 |
|---|
| 125 | + | SECTION 4.96 |
|---|
| 126 | + | Said chapter is further amended by revising subsection (b) of Code Section 21-2-232, relating97 |
|---|
| 127 | + | to removal of elector's name from list of electors, as follows:98 |
|---|
| 128 | + | "(b)(1) When an elector of this state moves to another state and registers to vote and the99 |
|---|
| 129 | + | registration officials in such state send a notice of cancellation reflecting the registration100 |
|---|
| 130 | + | of the elector in the other state, which includes a copy of such elector's voter registration101 |
|---|
| 131 | + | application bearing the elector's signature, the Secretary of State or the board of102 |
|---|
| 132 | + | registrars, as the case may be, shall remove such elector's name from the list of electors.103 |
|---|
| 133 | + | It shall not be necessary to send a confirmation notice to the elector in such104 |
|---|
| 134 | + | circumstances.105 |
|---|
| 135 | + | (2) When an elector of this state moves to another state and the registration officials in106 |
|---|
| 136 | + | such other state or a nongovernmental entity as described in subsection (d) of Code107 |
|---|
| 137 | + | Section 21-2-225 send a notice of cancellation or other information indicating that the108 |
|---|
| 138 | + | elector has moved to such state but such notice or information does not include a copy109 |
|---|
| 139 | + | of such elector's voter registration application in such other state bearing the elector's110 |
|---|
| 140 | + | signature, the Secretary of State or the board of registrars, as the case may be, shall send111 |
|---|
| 141 | + | a confirmation notice to the elector as provided in Code Section 21-2-234.112 |
|---|
| 142 | + | (3) Once becoming a member of the nongovernmental entity described in subsection (d)113 |
|---|
| 143 | + | of Code Section 21-2-225, the Secretary of State shall obtain regular information from114 |
|---|
| 144 | + | such entity regarding electors who may have moved to another state, died, or otherwise115 |
|---|
| 145 | + | become ineligible to vote in Georgia. The Secretary of State shall use such information116 |
|---|
| 146 | + | to conduct list maintenance on the list of eligible electors."117 |
|---|
| 147 | + | H. B. 215 |
|---|
| 148 | + | - 5 - 25 LC 47 3160 |
|---|
| 149 | + | SECTION 5. |
|---|
| 150 | + | 118 |
|---|
| 151 | + | This Act shall become effective upon its approval by the Governor or upon its becoming law119 |
|---|
| 152 | + | without such approval.120 |
|---|
| 153 | + | SECTION 6.121 |
|---|
| 154 | + | All laws and parts of laws in conflict with this Act are repealed.122 |
|---|
| 155 | + | H. B. 215 |
|---|