| 1 | 1 | | 25 LC 47 3615 |
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| 2 | 2 | | Senate Bill 357 |
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| 3 | 3 | | By: Senators Harrell of the 40th and Watson of the 11th |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to |
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| 7 | 7 | | 1 |
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| 8 | 8 | | elections and primaries generally, so as to provide for challenging the qualifications of a2 |
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| 9 | 9 | | person applying to register to vote or any person whose name appears on the list of electors;3 |
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| 10 | 10 | | to provide for grounds; to provide for required documentation relating to such challenges;4 |
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| 11 | 11 | | to provide for related matters; to repeal conflicting laws; and for other purposes.5 |
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| 12 | 12 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 13 | 13 | | SECTION 1.7 |
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| 14 | 14 | | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and8 |
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| 15 | 15 | | primaries generally, is amended by revising subsection (a) of Code Section 21-2-229, relating9 |
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| 16 | 16 | | to challenge of applicant for registration by other electors, notice and hearing, right of appeal,10 |
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| 17 | 17 | | and sanctions for board's noncompliance, as follows:11 |
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| 18 | 18 | | "(a) Any elector of a county or municipality may challenge the qualifications of any person12 |
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| 19 | 19 | | applying to register to vote in the county or municipality and may challenge the13 |
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| 20 | 20 | | qualifications of any elector of the county or municipality whose name appears on the list14 |
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| 21 | 21 | | of electors. Such challenges shall be in writing |
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| 22 | 22 | | conform to the requirements of Code15 |
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| 23 | 23 | | S. B. 357 |
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| 24 | 24 | | - 1 - 25 LC 47 3615 |
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| 25 | 25 | | Section 21-2-230.1 and shall distinctly specify the grounds of the challenge. There shall16 |
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| 26 | 26 | | not be a limit on the number of persons whose qualifications such elector may challenge."17 |
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| 27 | 27 | | SECTION 2.18 |
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| 28 | 28 | | Said chapter is further amended by revising subsection (a) of Code Section 21-2-230, relating19 |
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| 29 | 29 | | to challenge of persons on list of electors by other electors, procedure, hearing, and right of20 |
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| 30 | 30 | | appeal, as follows:21 |
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| 31 | 31 | | "(a) Any elector of the county or municipality may challenge the right of any other elector22 |
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| 32 | 32 | | of the county or municipality, whose name appears on the list of electors, to vote in an23 |
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| 33 | 33 | | election. Such challenge shall be in writing conform to the requirements of Code24 |
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| 34 | 34 | | Section 21-2-230.1 and specify distinctly shall distinctly specify the grounds of such25 |
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| 35 | 35 | | challenge. Such challenge may be made at any time prior to the elector whose right to vote26 |
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| 36 | 36 | | is being challenged voting at the elector's polling place or, if such elector cast an absentee27 |
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| 37 | 37 | | ballot, prior to 5:00 P.M. on the day before the absentee ballots are to begin to be scanned28 |
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| 38 | 38 | | and tabulated; provided, however, that challenges to persons voting by absentee ballot in29 |
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| 39 | 39 | | person at the office of the registrars or the absentee ballot clerk shall be made prior to such30 |
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| 40 | 40 | | person's voting. There shall not be a limit on the number of persons whose qualifications31 |
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| 41 | 41 | | such elector may challenge."32 |
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| 42 | 42 | | SECTION 3.33 |
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| 43 | 43 | | Said chapter is further amended by adding a new Code section to read as follows:34 |
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| 44 | 44 | | "21-2-230.1.35 |
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| 45 | 45 | | (a) A challenge filed pursuant to Code Section 21-2-229 or 21-2-230 shall be in writing,36 |
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| 46 | 46 | | filed at least 45 days prior to the first day of advance voting, and shall allege one or more37 |
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| 47 | 47 | | of the following grounds for such challenge:38 |
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| 48 | 48 | | (1) The challenged person or elector will not be eighteen years of age by the next 39 |
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| 49 | 49 | | primary, election, or runoff;40 |
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| 50 | 50 | | S. B. 357 |
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| 51 | 51 | | - 2 - 25 LC 47 3615 |
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| 52 | 52 | | (2) The challenged person or elector is not a citizen of the United States;41 |
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| 53 | 53 | | (3) The challenged person or elector has been convicted of a felony and the voter's civil42 |
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| 54 | 54 | | rights have not been restored;43 |
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| 55 | 55 | | (4) The challenged person or elector has been judicially declared ineligible to vote due44 |
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| 56 | 56 | | to mental incompetency; or45 |
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| 57 | 57 | | (5) The challenged person or elector does not live at the residential address provided, in46 |
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| 58 | 58 | | which case the challenger shall either:47 |
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| 59 | 59 | | (A) Provide the challenged person or elector’s actual residence on the challenge form48 |
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| 60 | 60 | | provided in subsection (e) of this Code section; or49 |
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| 61 | 61 | | (B) Submit evidence that he or she exercised due diligence in verifying that the50 |
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| 62 | 62 | | challenged person or elector does not reside at the residential address provided and in51 |
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| 63 | 63 | | attempting to contact the challenged person or elector to learn the challenged person or52 |
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| 64 | 64 | | elector's actual residential address, including that the challenger personally undertook53 |
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| 65 | 65 | | at least two of the following steps:54 |
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| 66 | 66 | | (i) Sent a letter with return service requested to the challenged person or elector's55 |
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| 67 | 67 | | residential address provided and to the challenged person or elector's mailing address,56 |
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| 68 | 68 | | if provided;57 |
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| 69 | 69 | | (ii) Searched county property records to determine whether the challenged person or58 |
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| 70 | 70 | | elector owns any property in the county; and59 |
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| 71 | 71 | | (iii) Searched the state-wide voter registration data base to determine if the person or60 |
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| 72 | 72 | | elector is registered at any other address in this state.61 |
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| 73 | 73 | | (b) The challenger shall file a signed affidavit swearing that, to his or her personal62 |
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| 74 | 74 | | knowledge and belief, the challenged person or elector is neither qualified to vote nor does63 |
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| 75 | 75 | | the challenged person or elector reside at the address given on his or her voter registration64 |
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| 76 | 76 | | record.65 |
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| 77 | 77 | | (c) A challenge filed pursuant to paragraph (5) of subsection (a) of this Code section shall66 |
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| 78 | 78 | | only be entertained if it is alleged that the person or elector does not live at the residential67 |
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| 79 | 79 | | S. B. 357 |
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| 80 | 80 | | - 3 - 25 LC 47 3615 |
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| 81 | 81 | | address provided and that the actual residence of such person or elector is outside the68 |
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| 82 | 82 | | precinct in which such residential address provided is located.69 |
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| 83 | 83 | | (d) All documents obtained pertaining to the challenge shall be considered public records70 |
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| 84 | 84 | | pursuant to Article 4 of Chapter 18 of Title 50.71 |
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| 85 | 85 | | (e) The Secretary of State shall prepare the challenge form provided for in this Code72 |
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| 86 | 86 | | section and shall make such form available on the website of the office of the Secretary of73 |
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| 87 | 87 | | State. The Secretary of State shall provide copies of such form to each county election74 |
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| 88 | 88 | | superintendent and registrar."75 |
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| 89 | 89 | | SECTION 4.76 |
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| 90 | 90 | | All laws and parts of laws in conflict with this Act are repealed.77 |
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| 91 | 91 | | S. B. 357 |
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| 92 | 92 | | - 4 - |
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