| 1 | 1 | | 25 LC 59 0104 |
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| 2 | 2 | | House Bill 480 |
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| 3 | 3 | | By: Representatives Jones of the 143 |
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| 4 | 4 | | rd |
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| 5 | 5 | | , Hugley of the 141 |
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| 6 | 6 | | st |
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| 7 | 7 | | , McQueen of the 61 |
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| 8 | 8 | | st |
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| 9 | 9 | | , Williams |
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| 10 | 10 | | of the 168 |
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| 11 | 11 | | th |
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| 12 | 12 | | , McClain of the 109 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | elections and primaries generally, so as to provide for a permanent absentee voter list; to2 |
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| 20 | 20 | | provide for procedures regarding such list; to provide for maintenance of such list; to provide3 |
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| 21 | 21 | | for related matters; to repeal conflicting laws; and for other purposes.4 |
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| 22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 23 | 23 | | SECTION 1.6 |
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| 24 | 24 | | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and7 |
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| 25 | 25 | | primaries generally, is amended by revising paragraph (1) of subsection (a) of Code8 |
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| 26 | 26 | | Section 21-2-381, relating to making of application for absentee ballot, determination of9 |
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| 27 | 27 | | eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons10 |
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| 28 | 28 | | entitled to make application, as follows:11 |
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| 29 | 29 | | "(a)(1)(A) Except as otherwise provided in Code Section 21-2-219 or for advance12 |
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| 30 | 30 | | voting described in subsection (d) of Code Section 21-2-385, not earlier than 78 days13 |
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| 31 | 31 | | or less than 11 days prior to the date of the primary or election, or runoff of either, in14 |
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| 32 | 32 | | which the elector desires to vote, any absentee elector may make, either by mail, by15 |
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| 33 | 33 | | facsimile transmission, by electronic transmission, or in person in the registrar's or16 |
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| 34 | 34 | | H. B. 480 |
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| 35 | 35 | | - 1 - 25 LC 59 0104 |
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| 36 | 36 | | absentee ballot clerk's office, an application for an official ballot of the elector's |
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| 37 | 37 | | 17 |
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| 38 | 38 | | precinct to be voted at such primary, election, or runoff. To be timely received, an18 |
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| 39 | 39 | | application for an absentee-by-mail ballot shall be received by the board of registrars19 |
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| 40 | 40 | | or absentee ballot clerk no later than 11 days prior to the primary, election, or runoff. 20 |
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| 41 | 41 | | For advance voting in person, the application shall be made within the time period set21 |
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| 42 | 42 | | forth in subsection (d) of Code Section 21-2-385.22 |
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| 43 | 43 | | (B) In the case of an elector residing temporarily out of the county or municipality or23 |
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| 44 | 44 | | a physically disabled elector residing within the county or municipality, the application24 |
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| 45 | 45 | | for the elector's absentee ballot may, upon satisfactory proof of relationship, be made25 |
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| 46 | 46 | | by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son,26 |
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| 47 | 47 | | daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law,27 |
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| 48 | 48 | | father-in-law, brother-in-law, or sister-in-law of the age of 18 or over.28 |
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| 49 | 49 | | (C)(i) Any person applying for an absentee-by-mail ballot shall make application in29 |
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| 50 | 50 | | writing on the form made available by the Secretary of State. In order to confirm the30 |
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| 51 | 51 | | identity of the voter, such form shall require the elector to provide his or her name,31 |
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| 52 | 52 | | date of birth, address as registered, address where the elector wishes the ballot to be32 |
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| 53 | 53 | | mailed, and the number of his or her Georgia driver's license or identification card33 |
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| 54 | 54 | | issued pursuant to Article 5 of Chapter 5 of Title 40. If such elector does not have a34 |
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| 55 | 55 | | Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 535 |
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| 56 | 56 | | of Title 40, the elector shall affirm this fact in the manner prescribed in the application36 |
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| 57 | 57 | | and the elector shall provide a copy of a form of identification listed in subsection (c)37 |
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| 58 | 58 | | of Code Section 21-2-417. The form made available by the Secretary of State shall38 |
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| 59 | 59 | | include a space to affix a photocopy or electronic image of such identification. The39 |
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| 60 | 60 | | Secretary of State shall develop a method to allow secure electronic transmission of40 |
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| 61 | 61 | | such form. The application shall also include the identity of the primary, election, or41 |
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| 62 | 62 | | runoff in which the elector wishes to vote and a place to select the option to receive |
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| 63 | 63 | | 42 |
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| 64 | 64 | | future absentee ballots pursuant to subparagraph (H) of this paragraph; the name and43 |
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| 65 | 65 | | H. B. 480 |
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| 66 | 66 | | - 2 - 25 LC 59 0104 |
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| 67 | 67 | | relationship of the person requesting the ballot if other than the elector; and an oath |
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| 68 | 68 | | 44 |
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| 69 | 69 | | for the elector or relative to write his or her usual signature with a pen and ink45 |
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| 70 | 70 | | affirming that the elector is a qualified Georgia elector and the facts presented on the46 |
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| 71 | 71 | | application are true. Submitting false information on an application for an absentee47 |
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| 72 | 72 | | ballot shall be a violation of Code Sections 21-2-560 and 21-2-571.48 |
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| 73 | 73 | | (ii) A blank application for an absentee ballot shall be made available online by the49 |
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| 74 | 74 | | Secretary of State and each election superintendent and registrar, but neither the50 |
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| 75 | 75 | | Secretary of State, election superintendent, board of registrars, other governmental51 |
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| 76 | 76 | | entity, nor employee or agent thereof shall send absentee ballot applications directly52 |
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| 77 | 77 | | to any elector except upon request of such elector or a relative authorized to request53 |
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| 78 | 78 | | an absentee ballot for such elector. No person or entity other than a relative54 |
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| 79 | 79 | | authorized to request an absentee ballot for such elector or a person signing as55 |
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| 80 | 80 | | assisting an illiterate or physically disabled elector shall send any elector an absentee56 |
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| 81 | 81 | | ballot application that is prefilled with the elector's required information set forth in57 |
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| 82 | 82 | | this subparagraph. No person or entity other than the elector, a relative authorized to58 |
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| 83 | 83 | | request an absentee ballot for such elector, a person signing as assisting an illiterate59 |
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| 84 | 84 | | or physically disabled elector with his or her application, a common carrier charged60 |
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| 85 | 85 | | with returning the ballot application, an absentee ballot clerk, a registrar, or a law61 |
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| 86 | 86 | | enforcement officer in the course of an investigation shall handle or return an elector's62 |
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| 87 | 87 | | completed absentee ballot application. Handling a completed absentee ballot63 |
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| 88 | 88 | | application by any person or entity other than as allowed in this subsection shall be64 |
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| 89 | 89 | | a misdemeanor. Any application for an absentee ballot sent to any elector by any65 |
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| 90 | 90 | | person or entity shall utilize the form of the application made available by the66 |
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| 91 | 91 | | Secretary of State and shall clearly and prominently disclose on the face of the form:67 |
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| 92 | 92 | | 'This application is being distributed by [insert name and address of person,68 |
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| 93 | 93 | | organization, or other entity distributing such document or material], not by any69 |
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| 94 | 94 | | H. B. 480 |
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| 95 | 95 | | - 3 - 25 LC 59 0104 |
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| 96 | 96 | | government agency or any state or local election office. THIS IS NOT A |
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| 97 | 97 | | 70 |
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| 98 | 98 | | BALLOT.'71 |
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| 99 | 99 | | (iii) The disclaimer required by division (ii) of this subparagraph shall be:72 |
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| 100 | 100 | | (I) Of sufficient font size to be clearly readable by the recipient of the73 |
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| 101 | 101 | | communication;74 |
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| 102 | 102 | | (II) Contained in a printed box set apart from the other contents of the75 |
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| 103 | 103 | | communication; and76 |
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| 104 | 104 | | (III) Printed with a reasonable degree of color contrast between the background and77 |
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| 105 | 105 | | the printed disclaimer.78 |
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| 106 | 106 | | (D) Except in the case of physically disabled electors residing in the county or79 |
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| 107 | 107 | | municipality or electors in custody in a jail or other detention facility in the county or80 |
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| 108 | 108 | | municipality, no absentee ballot shall be mailed to an address other than the permanent81 |
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| 109 | 109 | | mailing address of the elector as recorded on the elector's voter registration record or82 |
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| 110 | 110 | | a temporary out-of-county or out-of-municipality address. Upon request, electors held83 |
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| 111 | 111 | | in jails or other detention facilities who are eligible to vote shall be granted access to84 |
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| 112 | 112 | | the necessary personal effects for the purpose of applying for and voting an absentee85 |
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| 113 | 113 | | ballot pursuant to this chapter.86 |
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| 114 | 114 | | (E) Relatives applying for absentee ballots for electors must also sign an oath stating87 |
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| 115 | 115 | | that facts in the application are true.88 |
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| 116 | 116 | | (F) If the elector is unable to fill out or sign such elector's own application because of89 |
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| 117 | 117 | | illiteracy or physical disability, the elector shall make such elector's mark, and the90 |
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| 118 | 118 | | person filling in the rest of the application shall sign such person's name below it as a91 |
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| 119 | 119 | | witness.92 |
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| 120 | 120 | | (G) Any elector meeting criteria of advanced age or disability specified by rule or93 |
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| 121 | 121 | | regulation of the State Election Board or any elector who is entitled to vote by absentee94 |
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| 122 | 122 | | ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 5295 |
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| 123 | 123 | | U.S.C. Section 20301, et seq., as amended, may request in writing on one application96 |
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| 124 | 124 | | H. B. 480 |
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| 125 | 125 | | - 4 - 25 LC 59 0104 |
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| 126 | 126 | | a ballot for a presidential preference primary held pursuant to Article 5 of this chapter |
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| 127 | 127 | | 97 |
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| 128 | 128 | | and for a primary as well as for any runoffs resulting therefrom and for the election for98 |
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| 129 | 129 | | which such primary shall nominate candidates as well as any runoffs resulting99 |
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| 130 | 130 | | therefrom. If not so requested by such person pursuant to subparagraph (H) of this |
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| 131 | 131 | | 100 |
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| 132 | 132 | | paragraph, a separate and distinct application shall be required for each primary, run-off101 |
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| 133 | 133 | | primary, election, and run-off election. Except as otherwise provided in this102 |
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| 134 | 134 | | subparagraph paragraph, a separate and distinct application for an absentee ballot shall103 |
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| 135 | 135 | | always be required for any special election or special primary.104 |
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| 136 | 136 | | (H)(i) Notwithstanding any provision of law to the contrary, an elector may request105 |
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| 137 | 137 | | to receive absentee ballots for all future regularly scheduled primaries, elections, and106 |
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| 138 | 138 | | runoffs in which such elector is eligible to vote. Each absentee ballot application107 |
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| 139 | 139 | | prepared by the Secretary of State for electors to use to request an absentee ballot108 |
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| 140 | 140 | | shall contain a place for the elector to select such option. If an elector selects such109 |
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| 141 | 141 | | option, it shall not be necessary for such elector to make subsequent application for110 |
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| 142 | 142 | | an absentee ballot for regularly scheduled primaries, elections, and runoffs unless:111 |
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| 143 | 143 | | (I) The elector is moved to the inactive list of electors as prescribed by Code112 |
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| 144 | 144 | | Section 21-2-235; provided, however, that, if an elector returns a confirmation113 |
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| 145 | 145 | | notice pursuant to Code Section 21-2-234 and verifies or updates his or her address114 |
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| 146 | 146 | | inside this state, the address to which the elector's absentee ballot is mailed shall115 |
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| 147 | 147 | | likewise be verified or updated; or116 |
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| 148 | 148 | | (II) The elector opts out of receiving absentee ballots without having to make an117 |
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| 149 | 149 | | application as provided in this Code section.118 |
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| 150 | 150 | | (ii) Whether or not an elector has selected the option to receive absentee ballots for119 |
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| 151 | 151 | | all future regularly scheduled primaries, elections, and runoffs in which such elector120 |
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| 152 | 152 | | is eligible to vote shall be included in the data collected and maintained on electors121 |
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| 153 | 153 | | by the Secretary of State and available for public inspection pursuant to Code122 |
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| 154 | 154 | | Section 21-2-225."123 |
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| 155 | 155 | | H. B. 480 |
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| 156 | 156 | | - 5 - 25 LC 59 0104 |
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| 157 | 157 | | SECTION 2. |
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| 158 | 158 | | 124 |
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| 159 | 159 | | All laws and parts of laws in conflict with this Act are repealed.125 |
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| 160 | 160 | | H. B. 480 |
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| 161 | 161 | | - 6 - |
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