25 LC 28 0694
House Bill 901
By: Representatives Carter of the 93
rd
, Mitchell of the 88
th
, Davis of the 87
th
, and Schofield
of the 63
rd
A BILL TO BE ENTITLED
AN ACT
To amend Part 1 of Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia
1
Annotated, relating to general provisions regarding preparation for and conduct of primaries2
and elections, so as to provide that the election superintendent of a county may permit any3
elector of the county to vote in any precinct of the county which such elector chooses in a4
primary, election, or runoff under certain conditions; to provide for certain notices; to5
provide for rules and regulations; to provide for related matters; to repeal conflicting laws;6
and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Part 1 of Article 11 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated,10
relating to general provisions regarding preparation for and conduct of primaries and11
elections, is amended by adding a new Code section to read as follows:12
"21-2-422.
13
(a) Notwithstanding any provision of this chapter to the contrary, the election14
superintendent of a county may permit any elector of the county to vote in any precinct of15
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the county which such elector chooses in a primary, election, or runoff, provided that the16
conditions of this Code section are met.17
(b) Prior to choosing to implement subsection (a) of this Code section, the election18
superintendent shall ensure that:19
(1) Sufficient safeguards are in place to protect against an elector voting more than once20
in the same primary, election, or runoff;21
(2) A sufficient number of ballots of each ballot style used in the county are available at22
each precinct polling place to accommodate electors who may choose to vote at such23
polling place;24
(3) If DRE voting equipment or ballot marking devices are to be used at such polling25
places, a sufficient number of DRE voting units or ballot marking devices, as appropriate,26
are available at each polling place to accommodate the potential number of electors who27
may vote at such polling place; and28
(4) Sufficient poll workers are available at each polling place to accommodate the29
potential number of electors who may vote at such polling place.30
(c) The election superintendent shall make the determination of whether to allow the31
electors of the county to vote in any precinct of the county at least 30 days prior to a32
primary or election and shall notify the Secretary of State in writing of such decision at33
least 30 days before the primary or election. The election superintendent shall notify the34
electors of such decision by posting prominent notices in the election superintendent's35
office and on each polling place in the county. In addition, the election superintendent36
shall advertise the decision in the legal organ of the county once a week for two weeks37
immediately preceding the primary or election. If the election superintendent decides to38
allow the electors of the county to vote in any precinct of the county in a primary or39
election, such decision shall also apply to any runoff of such primary or election.40
(d) The State Election Board shall be authorized to promulgate rules and regulations to41
implement the provisions of this Code section."42
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SECTION 2.
43
All laws and parts of laws in conflict with this Act are repealed.44
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