25 LC 47 3238
Senate Bill 274
By: Senators Mangham of the 55th, 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 same-day registration and voting; to2
provide for procedures and notices; to provide for related matters; to repeal conflicting laws;3
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 subsection (a) of Code Section 21-2-220, relating8
to application for registration, identification requirement, rejection for failure to provide9
required information or for submission of false information, and aid to disabled or illiterate,10
as follows:11
"(a) Any person desiring to register as an elector shall apply to do so by making12
application to a registrar or deputy registrar of such person's county of residence in person,13
by submission of the federal post card application form as authorized under Code14
Section 21-2-219, by making application through the Department of Driver Services as15
provided in Code Section 21-2-221, by making application through the Department of16
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Natural Resources as provided in Code Section 21-2-221.1, by making application online
17
as provided in Code Section 21-2-221.2, by making application through designated offices18
as provided in Code Section 21-2-222, or
by making application by mail as provided in19
Code Section 21-2-223, or by applying as provided in Code Section 21-2-224.1 in person20
at the polling place for the precinct in which such person's residence is located on the day21
of the primary, election, or runoff or at the office of the registrar or absentee ballot clerk22
during the advance voting period specified under subsection (d) of Code Section 21-2-385."23
SECTION 2.24
Said chapter is further amended by revising subsections (a) and (b) of Code25
Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries,26
official list of electors, and voting procedure when portion of county changed from one27
county to another, as follows:28
"(a) If Except as otherwise provided in Code Section 21-2-224.1, if any person whose29
name is not on the list of registered electors maintained by the Secretary of State under this30
article desires to vote at any general primary, general election, or presidential preference31
primary, such person shall make application as provided in this article by the close of32
business on the fifth Monday or, if such Monday is a legal holiday, by the close of business33
on the following business day prior to the date of such general primary, general election,34
or presidential preference primary.35
(b) If any person whose name is not on the list of registered electors maintained by the36
Secretary of State under this article desires to vote at any special primary or special37
election, such person shall make application as provided in this article no later than either38
the close of business on the fifth day after the date of the call for the special primary or39
special election, excluding Saturdays, Sundays, and legal holidays of this state, or the close40
of business on the fifth Monday prior to the date of the special primary or special election41
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or, if such Monday is a legal holiday, by the close of business on the following business
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day, whichever is later; except that:43
(1) If
Except as otherwise provided in Code Section 21-2-224.1, if such special primary44
or special election is held in conjunction with a general primary, general election, or45
presidential preference primary, the registration deadline for such special primary or46
special election shall be the same as the registration deadline for the general primary,47
general election, or presidential preference primary in conjunction with which the special48
primary or special election is being conducted; or49
(2) If such special primary or special election is not held in conjunction with a general50
primary, general election, or presidential preference primary but is held on one of the51
dates specified in Code Section 21-2-540 for the conduct of special elections to present52
a question to the voters or special primaries or elections to fill vacancies in elected county53
or municipal offices, the registration deadline for such a special primary or election shall54
be at the close of business on the fifth Monday prior to the date of the special primary or55
election or, if such Monday is a legal holiday, by the close of business on the following56
business day."57
SECTION 3.58
Said chapter is further amended by adding a new Code section to read as follows:59
"21-2-224.1.60
(a) Notwithstanding any provision of law to the contrary, any person may register and vote61
in accordance with this Code section on the day of a primary, election, or runoff or during62
the period of advance voting as specified in subsection (d) of Code Section 21-2-385.63
(b) A person who is not registered to vote or did not register by the deadlines specified in64
Code Section 21-2-224 may go to the polling place for the precinct in which such person's65
residence is located on the day of a primary, election, or runoff or to any advance voting66
location in his or her county of residence during the period specified under subsection (d)67
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of Code Section 21-2-385 and register to vote by completing an official voter registration68
application as provided in subsection (a) of Code Section 21-2-219 and providing to the69
poll officer, registrar, or absentee ballot clerk, as the case may be, one of the forms of70
identification as provided in subsection (a) of Code Section 21-2-417 or a legible copy71
thereof, provided that such person shall demonstrate proof of residency by the presentation72
of a Georgia driver's license, government issued photo identification card bearing the73
person's name and current address, current public or private college or university photo74
identification card with proof of residence on the campus of such institution, or current75
utility bill, bank statement, government check, payroll check, or other government76
document showing the person's name and current address.77
(c) A person at his or her polling place or an advance voting location, upon fully78
completing the voter registration application and providing the appropriate identification79
and proof of residency, shall be issued a provisional ballot in the same manner as persons80
whose names are not on the electors list for the polling place under Code Section 21-2-418.81
The board of registrars shall, within three business days, verify the person's application for82
voter registration and, if such person is found eligible and qualified to vote, shall add such83
person to the list of registered voters and shall count such person's provisional ballot. If84
such person is not found eligible and qualified to vote, such person's application to register85
to vote shall be rejected and the person shall be notified of the rejection and the reason or86
reasons for such rejection within three business days. If such person's application is87
rejected, his or her provisional ballot shall not be counted.88
(d) Persons in line waiting to complete voter registration applications at the time of the89
closing of the polls shall be permitted to complete the voter registration application,90
provide the appropriate identification, and vote a provisional ballot.91
(e) The poll officer, registrar, or absentee ballot clerk verifying the person's identification92
shall initial the person's voter registration application."93
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SECTION 4.
94
Said chapter is further amended in Code Section 21-2-385, relating to procedure for voting95
by absentee ballot and advance voting, by adding a new subsection to read as follows:96
"(f) Notwithstanding any provision of this chapter to the contrary, during the advance
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voting period as described in subsection (d) of this Code section, a person who is qualified98
to register to vote in this state but is not registered in his or her county of residence may99
make application to register to vote at any advance voting location in the county of his or100
her residence. The person shall demonstrate proof of residency by the presentation of a101
Georgia driver's license, government issued photo identification card bearing the person's102
name and current address, current public or private college or university photo103
identification card with proof of residence on the campus of such institution, or current104
utility bill, bank statement, government check, payroll check, or other government105
document showing the person's name and current address. Upon the completion of the106
application for voter registration, the person shall be permitted to cast a provisional ballot107
at such location. Within three business days, the board of registrars of the person's county108
of residence shall verify the person's application for voter registration and, if such person109
is found eligible and qualified to vote, shall add such person to the list of registered voters110
and shall count such person's provisional ballot. If such person is not found eligible and111
qualified to vote, such person's application to register to vote shall be rejected and the112
person shall be notified of the rejection and the reason or reasons for such rejection within113
three business days. If such person's application is rejected, his or her provisional ballot114
shall not be counted."115
SECTION 5.116
Said chapter is further amended by revising subsections (c) and (d) of Code117
Section 21-2-419, relating to validation of provisional ballots and reporting to Secretary of118
State, as follows:119
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"(c)(1) If the registrars determine after the polls close, but not later than three days
120
following the primary or election, that the person casting the provisional ballot timely121
registered to vote and was eligible and entitled to vote in the precinct in which he or she122
voted in such primary or election or properly applied to register to vote pursuant to Code
123
Section 21-2-224.1 on the day of the primary or election or during the advance voting124
period under subsection (d) of Code Section 21-2-385 and met the qualifications to125
register to vote, the registrars shall notify the election superintendent and the provisional126
ballot shall be counted and included in the county's or municipality's certified election127
results. 128
(2) If the registrars determine after the polls close, but not later than three days following129
the primary or election, that the person voting the provisional ballot timely registered and130
was eligible and entitled to vote in the primary or election or properly applied to register131
to vote pursuant to Code Section 21-2-224.1 on the day of the primary or election or132
during the advance voting period under subsection (d) of Code Section 21-2-385 and met133
the qualifications to register to vote but voted in the wrong precinct or voted the wrong134
ballot style or district combination, then the board of registrars shall notify the election135
superintendent only if such person voted between the hours of 5:00 P.M. and the regular136
time for the closing of the polls on the day of the primary, election, or runoff and137
provided the sworn statement required by subsection (b) of Code Section 21-2-418. The138
superintendent shall count such person's votes which were cast for candidates in those139
races for which the person was entitled to vote but shall not count the votes cast for140
candidates in those races in which such person was not entitled to vote. The141
superintendent shall order the proper election official at the tabulating center or precinct142
to prepare an accurate duplicate ballot containing only those votes cast by such person143
in those races in which such person was entitled to vote for processing at the tabulating144
center or precinct, which shall be verified in the presence of a witness. Such duplicate145
ballot shall be clearly labeled with the word 'Duplicate,' shall bear the designation of the146
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polling place, and shall be given the same serial number as the original ballot. The
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original ballot shall be retained and the sworn statement required by subsection (b) of148
Code Section 21-2-418 shall be transmitted to the Secretary of State with the certification149
documents required by paragraph (4) of subsection (a) of Code Section 21-2-497 and150
such statement shall be reviewed by the State Election Board. 151
(3) If the registrars determine that the person casting the provisional ballot did not timely152
register to vote or was not eligible or entitled to vote in the precinct in which he or she153
voted in such primary or election or shall be unable to determine within three days154
following such primary or election whether such person timely registered to vote and was155
eligible and entitled to vote in such primary or election, the registrars shall so notify the156
election superintendent and such ballot shall not be counted. The election superintendent157
shall mark or otherwise document that such ballot was not counted and shall deliver and158
store such ballots with all other ballots and election materials as provided in Code159
Section 21-2-500. 160
(d)(1) At the earliest time possible after a determination is made regarding a provisional161
ballot, the board of registrars shall notify in writing those persons whose provisional162
ballots were not counted that their ballots were not counted because of the inability of the163
registrars to verify that the persons timely registered to vote or other proper reason. The164
registrars shall process the official voter registration application
form completed by such165
persons pursuant to Code Section 21-2-224.1 or 21-2-418 and shall add such persons to166
the electors list if found qualified in order that such person may vote in future primaries167
and elections.168
(2) At the earliest time possible after a determination is made regarding a provisional169
ballot, the board of registrars shall notify in writing those electors who voted in the wrong170
precinct and whose votes were partially counted of their correct precinct."171
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SECTION 6.
172
All laws and parts of laws in conflict with this Act are repealed.173
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