25 LC 47 3239
Senate Bill 271
By: Senators Islam Parkes of the 7th, Jones II of the 22nd, Jackson of the 41st, Parent of the
44th, Halpern of the 39th 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 provide for a permanent absentee voter list; to2
provide for procedures regarding such list; to provide for maintenance of such list; to provide3
for related matters; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and7
primaries generally, is amended by revising paragraph (1) of subsection (a) of Code8
Section 21-2-381, relating to making of application for absentee ballot, determination of9
eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons10
entitled to make application, as follows:11
"(a)(1)(A) Except as otherwise provided in Code Section 21-2-219 or for advance12
voting described in subsection (d) of Code Section 21-2-385, not earlier than 78 days13
or less than 11 days prior to the date of the primary or election, or runoff of either, in14
which the elector desires to vote, any absentee elector may make, either by mail, by15
facsimile transmission, by electronic transmission, or in person in the registrar's or16
S. B. 271
- 1 - 25 LC 47 3239
absentee ballot clerk's office, an application for an official ballot of the elector's
17
precinct to be voted at such primary, election, or runoff. To be timely received, an18
application for an absentee-by-mail ballot shall be received by the board of registrars19
or absentee ballot clerk no later than 11 days prior to the primary, election, or runoff. 20
For advance voting in person, the application shall be made within the time period set21
forth in subsection (d) of Code Section 21-2-385.22
(B) In the case of an elector residing temporarily out of the county or municipality or23
a physically disabled elector residing within the county or municipality, the application24
for the elector's absentee ballot may, upon satisfactory proof of relationship, be made25
by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son,26
daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law,27
father-in-law, brother-in-law, or sister-in-law of the age of 18 or over.28
(C)(i) Any person applying for an absentee-by-mail ballot shall make application in29
writing on the form made available by the Secretary of State. In order to confirm the30
identity of the voter, such form shall require the elector to provide his or her name,31
date of birth, address as registered, address where the elector wishes the ballot to be32
mailed, and the number of his or her Georgia driver's license or identification card33
issued pursuant to Article 5 of Chapter 5 of Title 40. If such elector does not have a34
Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 535
of Title 40, the elector shall affirm this fact in the manner prescribed in the application36
and the elector shall provide a copy of a form of identification listed in subsection (c)37
of Code Section 21-2-417. The form made available by the Secretary of State shall38
include a space to affix a photocopy or electronic image of such identification. The39
Secretary of State shall develop a method to allow secure electronic transmission of40
such form. The application shall also include the identity of the primary, election, or41
runoff in which the elector wishes to vote and a place to select the option to receive
42
future absentee ballots pursuant to subparagraph (H) of this paragraph; the name and43
S. B. 271
- 2 - 25 LC 47 3239
relationship of the person requesting the ballot if other than the elector; and an oath
44
for the elector or relative to write his or her usual signature with a pen and ink45
affirming that the elector is a qualified Georgia elector and the facts presented on the46
application are true. Submitting false information on an application for an absentee47
ballot shall be a violation of Code Sections 21-2-560 and 21-2-571.48
(ii) A blank application for an absentee ballot shall be made available online by the49
Secretary of State and each election superintendent and registrar, but neither the50
Secretary of State, election superintendent, board of registrars, other governmental51
entity, nor employee or agent thereof shall send absentee ballot applications directly52
to any elector except upon request of such elector or a relative authorized to request53
an absentee ballot for such elector. No person or entity other than a relative54
authorized to request an absentee ballot for such elector or a person signing as55
assisting an illiterate or physically disabled elector shall send any elector an absentee56
ballot application that is prefilled with the elector's required information set forth in57
this subparagraph. No person or entity other than the elector, a relative authorized to58
request an absentee ballot for such elector, a person signing as assisting an illiterate59
or physically disabled elector with his or her application, a common carrier charged60
with returning the ballot application, an absentee ballot clerk, a registrar, or a law61
enforcement officer in the course of an investigation shall handle or return an elector's62
completed absentee ballot application. Handling a completed absentee ballot63
application by any person or entity other than as allowed in this subsection shall be64
a misdemeanor. Any application for an absentee ballot sent to any elector by any65
person or entity shall utilize the form of the application made available by the66
Secretary of State and shall clearly and prominently disclose on the face of the form:67
'This application is being distributed by [insert name and address of person,68
organization, or other entity distributing such document or material], not by any69
S. B. 271
- 3 - 25 LC 47 3239
government agency or any state or local election office. THIS IS NOT A
70
BALLOT.'71
(iii) The disclaimer required by division (ii) of this subparagraph shall be:72
(I) Of sufficient font size to be clearly readable by the recipient of the73
communication;74
(II) Contained in a printed box set apart from the other contents of the75
communication; and76
(III) Printed with a reasonable degree of color contrast between the background and77
the printed disclaimer.78
(D) Except in the case of physically disabled electors residing in the county or79
municipality or electors in custody in a jail or other detention facility in the county or80
municipality, no absentee ballot shall be mailed to an address other than the permanent81
mailing address of the elector as recorded on the elector's voter registration record or82
a temporary out-of-county or out-of-municipality address. Upon request, electors held83
in jails or other detention facilities who are eligible to vote shall be granted access to84
the necessary personal effects for the purpose of applying for and voting an absentee85
ballot pursuant to this chapter.86
(E) Relatives applying for absentee ballots for electors must also sign an oath stating87
that facts in the application are true.88
(F) If the elector is unable to fill out or sign such elector's own application because of89
illiteracy or physical disability, the elector shall make such elector's mark, and the90
person filling in the rest of the application shall sign such person's name below it as a91
witness.92
(G) Any elector meeting criteria of advanced age or disability specified by rule or93
regulation of the State Election Board or any elector who is entitled to vote by absentee94
ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 5295
U.S.C. Section 20301, et seq., as amended, may request in writing on one application96
S. B. 271
- 4 - 25 LC 47 3239
a ballot for a presidential preference primary held pursuant to Article 5 of this chapter
97
and for a primary as well as for any runoffs resulting therefrom and for the election for98
which such primary shall nominate candidates as well as any runoffs resulting99
therefrom. If not so requested by such person pursuant to subparagraph (H) of this
100
paragraph, a separate and distinct application shall be required for each primary, run-off101
primary, election, and run-off election. Except as otherwise provided in this102
subparagraph paragraph, a separate and distinct application for an absentee ballot shall103
always be required for any special election or special primary.104
(H)(i) Notwithstanding any provision of law to the contrary, an elector may request105
to receive absentee ballots for all future regularly scheduled primaries, elections, and106
runoffs in which such elector is eligible to vote. Each absentee ballot application107
prepared by the Secretary of State for electors to use to request an absentee ballot108
shall contain a place for the elector to select such option. If an elector selects such109
option, it shall not be necessary for such elector to make subsequent application for110
an absentee ballot for regularly scheduled primaries, elections, and runoffs unless:111
(I) The elector is moved to the inactive list of electors as prescribed by Code112
Section 21-2-235; provided, however, that, if an elector returns a confirmation113
notice pursuant to Code Section 21-2-234 and verifies or updates his or her address114
inside this state, the address to which the elector's absentee ballot is mailed shall115
likewise be verified or updated; or116
(II) The elector opts out of receiving absentee ballots without having to make an117
application as provided in this Code section.118
(ii) Whether or not an elector has selected the option to receive absentee ballots for119
all future regularly scheduled primaries, elections, and runoffs in which such elector120
is eligible to vote shall be included in the data collected and maintained on electors121
by the Secretary of State and available for public inspection pursuant to Code122
Section 21-2-225."123
S. B. 271
- 5 - 25 LC 47 3239
SECTION 2.
124
All laws and parts of laws in conflict with this Act are repealed.125
S. B. 271
- 6 -