25 LC 47 3419S
The House Committee on Governmental Affairs offers the following substitute to HB 215:
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 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 authorize the Secretary of State to enter into voter list9
maintenance joint compacts with other states; to authorize the sharing of driver's license and10
identification card information; to provide conditions for entering such compacts; to make11
conforming changes; to provide for related matters; to provide for a short title; to provide for12
an effective date; to repeal conflicting laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
SECTION 1.15
This Act shall be known and may be cited as the "Voter List Integrity Act."16
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SECTION 2.17
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and18
primaries generally, is amended by revising Code Section 21-2-2, relating to definitions, by19
adding new paragraphs to read as follows:20
"(11.1) 'Multistate voter list maintenance organization' means any entity, organization,21
consortium, or cooperative agreement among states or jurisdictions that involves the22
sharing of voter registration data for the purpose of voter list maintenance."23
"(39.1) 'Voter list maintenance' means the process of ensuring the accuracy and currency24
of voter registration lists, including, but not limited to, removing ineligible voters and25
updating records."26
SECTION 3.27
Said chapter is further amended by revising Code Section 21-2-225, relating to restrictions28
on public inspection of applications for voter registration and data on electors, and 29
membership of Secretary of State in nongovernmental entity for purpose of improving voter30
registration systems, as follows:31
"21-2-225.32
(a) Neither the original applications for voter registration nor any copies thereof shall be33
open for public inspection except upon order of a court of competent jurisdiction.34
(b) Except as provided in Code Section 21-2-225.1, all data collected and maintained on35
electors whose names appear on the list of electors maintained by the Secretary of State36
pursuant to this article shall be available for public inspection with the exception of bank37
statements submitted pursuant to subsection (c) of Code Section 21-2-220 and38
subsection (c) of Code Section 21-2-417, the month and day of birth, the social security39
numbers, email addresses, and driver's license numbers of the electors, and the locations40
at which the electors applied to register to vote, which shall remain confidential and shall41
be used only for voter registration purposes; provided, however, that any and all42
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information relating to the dates of birth, social security numbers, and driver's license43
numbers of electors may be made available to other agencies of this state, to agencies of44
other states and territories of the United States, and to agencies of the federal government45
if the agency is authorized to maintain such information and the information is used only46
to identify the elector on the receiving agency's data base and is not disseminated further47
and remains confidential. Information regarding an elector's year of birth shall be available48
for public inspection.49
(c) It shall be the duty of the Secretary of State to furnish copies of such data as may be50
collected and maintained on electors whose names appear on the list of electors maintained51
by the Secretary of State pursuant to this article, within the limitations provided in this52
article, on electronic media or computer run list or both. Notwithstanding any other53
provision of law to the contrary, the Secretary of State shall establish the cost to be charged54
for such data. The Secretary of State may contract with private vendors to make such data55
available in accordance with this subsection. Such data may not be used by any person for56
commercial purposes.57
(d)(1) The Secretary of State may become a member of a nongovernmental entity whose58
purpose is to share and exchange information in order to improve the accuracy and59
efficiency of voter registration systems. The membership of the nongovernmental entity60
shall be composed solely of election officials of state and territorial governments of the61
United States, except that such membership may also include election officials of the62
District of Columbia.63
(2) Notwithstanding any provision of law to the contrary, the Secretary of State may64
share confidential and exempt information after becoming a member of such65
nongovernmental entity as provided in paragraph (1) of this subsection.66
(3) The Secretary of State may become a member of such nongovernmental entity only67
if such entity is controlled and operated by the participating jurisdictions. The entity shall68
not be operated or controlled by the federal government or any other entity acting on69
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behalf of the federal government. The Secretary of State must be able to withdraw at any70
time from any such membership in such nongovernmental entity.71
(4) If the Secretary of State becomes a member of such nongovernmental entity, the72
Department of Driver Services shall, pursuant to an agreement with the Secretary of73
State, provide driver's license or identification card information related to voter eligibility74
to the Secretary of State for the purpose of sharing and exchanging voter registration75
information with such nongovernmental entity.76
(5) Notwithstanding any law to the contrary, upon the Secretary of State becoming a77
member of a nongovernmental entity as provided in this subsection, any information78
received by the Secretary of State prior to the effective date of this subsection from the79
a nongovernmental entity whose purpose was to share and exchange information in order80
to improve the accuracy and efficiency of voter registration systems is exempt from81
disclosure under Article 4 of Chapter 18 of Title 50, relating to open records, and any82
other provision of law. However, the Secretary of State may provide such information83
to the boards of registrars to conduct voter registration list maintenance activities.84
(e)(1) The Secretary of State or any other state department, agency, board, bureau, office,85
commission, public corporation, or authority or any board of registrars or election86
superintendent shall be prohibited from joining or participating in any multistate voter list87
maintenance organization that:88
(A) Requires or encourages the contacting of individuals who are not currently89
registered to vote with the intent to register them to vote; or90
(B) Shares voter data outside of the explicit purpose of removing deceased, duplicate,91
or otherwise ineligible voters from the list of electors.92
(2) The Secretary of State or any other state department, agency, board, bureau, office,93
commission, public corporation, or authority or any board of registrars or election94
superintendent shall terminate participation in any multistate voter list maintenance95
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organization prohibited by paragraph (1) of this subsection within 90 days of the effective96
date of this subsection.97
(f)(1) In order to improve the accuracy and efficiency of the voter registration system,98
the Secretary of State shall be authorized to enter into joint compacts with the chief99
election official of any other state or states for the purpose of sharing information for100
voter list maintenance.101
(2) Notwithstanding any provisions of law to the contrary, the Secretary of State may102
share confidential and exempt information after becoming a member of such voter list103
maintenance joint compact.104
(3) If the Secretary of State becomes a member of such voter list maintenance joint105
compact, the Department of Driver Services shall, pursuant to an agreement with the106
Secretary of State, provide driver's license or identification card information related to107
voter eligibility to the Secretary of State for the purpose of sharing and exchanging voter108
registration information with the other state or states participating in such compact.109
(4) The Secretary of State must be able to withdraw from any such joint compact at any110
time."111
SECTION 4.112
Said chapter is further amended by revising subsection (b) of Code Section 21-2-232, relating113
to removal of elector's name from list of electors, as follows:114
"(b)(1) When an elector of this state moves to another state and registers to vote and the115
registration officials in such state send a notice of cancellation reflecting the registration116
of the elector in the other state, which includes a copy of such elector's voter registration117
application bearing the elector's signature, the Secretary of State or the board of118
registrars, as the case may be, shall remove such elector's name from the list of electors.119
It shall not be necessary to send a confirmation notice to the elector in such120
circumstances.121
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(2) When an elector of this state moves to another state and the registration officials in122
such other state or a nongovernmental entity as described in subsection (d) of Code123
Section 21-2-225 send a notice of cancellation or other information indicating that the124
elector has moved to such state but such notice or information does not include a copy125
of such elector's voter registration application in such other state bearing the elector's126
signature, the Secretary of State or the board of registrars, as the case may be, shall send127
a confirmation notice to the elector as provided in Code Section 21-2-234.128
(3) Once becoming a member of the nongovernmental entity described in subsection (d)129
of Code Section 21-2-225, the Secretary of State shall obtain regular information from130
such entity regarding electors who may have moved to another state, died, or otherwise131
become ineligible to vote in Georgia. The Secretary of State shall use such information132
to conduct list maintenance on the list of eligible electors."133
SECTION 5.134
This Act shall become effective upon its approval by the Governor or upon its becoming law135
without such approval.136
SECTION 6.137
All laws and parts of laws in conflict with this Act are repealed.138
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