Qualifications of Registrars and Deputy Registrars; Prohibited Political Activities; Oath of Office; Privilege From Arrest; Duties Conducted in Public

  1. Law
  2. Georgia Code
  3. Elections
  4. Elections and Primaries Generally
  5. Registration of Voters
  6. Qualifications of Registrars and Deputy Registrars; Prohibited Political Activities; Oath of Office; Privilege From Arrest; Duties Conducted in Public

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  1. Members of the board of registrars shall be electors of this state and the county in which they serve, and any deputy registrars shall be electors of this state. All registrars shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony involving moral turpitude unless such person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude and shall never have been convicted of a crime involving fraud, and the appointing authority shall be authorized to investigate the applicant's criminal history before making such appointment.
  2. The office of a member of a county board of registrars, a deputy registrar, a member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration shall be vacated immediately upon such officer's qualifying for any nomination or office to be voted for at a primary or election or qualifying for any nomination or office or qualifying to have such officer's name placed on any primary or election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or giving notice of such officer's intention of write-in candidacy; provided, however, that this Code section shall not apply to a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding.Nothing contained in this Code section shall cause the office of a member of a county board of registrars, deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration to be vacated upon qualifying for or having such officer's name placed on the ballot or holding office in a political party or body or serving as a presidential elector.
  3. No member of a county board of registrars, deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration, while conducting the duties of such person's office, shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages.
  4. Before entering upon the duties of office, each registrar and deputy registrar shall take the following oath before some officer authorized to administer oaths under the laws of this state:

    "I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as (deputy) registrar."

  5. Registrars, deputy registrars, election superintendents, and poll officers shall be privileged from arrest upon days of primaries and elections, except for fraudulent misconduct of duty, felony, larceny, or breach of the peace.
  6. The registrars shall conduct their duties in public and all hearings on the qualifications of electors shall be conducted in public.

(Code 1981, §21-2-214, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 230, § 6; Ga. L. 2001, p. 240, § 13; Ga. L. 2003, p. 517, § 15; Ga. L. 2012, p. 995, § 12/SB 92; Ga. L. 2017, p. 697, § 6/HB 268; Ga. L. 2018, p. 1112, § 21/SB 365.)

The 2017 amendment, effective July 1, 2017, in subsection (a), substituted "this state and the county" for "the state and county" near the beginning of the first sentence, and deleted the former third sentence, which read: "Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language."; and deleted "or municipal" preceding "board of registrars" near the beginning of the first and second sentences of subsection (b) and near the beginning of subsection (c).

The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted "electors of this state" for "electors of the state" at the end of the first sentence of subsection (a).

Law reviews.

- For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 114 (2001).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34A-103 and former Code Section 21-2-213 are included in the annotations for this Code section.

County registrar was not prohibited from entering municipal election because the restriction on registrars did not apply to municipal elections and because the restriction on municipal registrars did not govern county registrars by definition under former Code 1933, § 34A-103. Jarnagin v. Harris, 138 Ga. App. 318, 226 S.E.2d 108 (1976) (decided under former Code 1933, § 34A-103 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 34-605 and former Code Section 21-2-213 are included in the annotations for this Code section.

Words "at a primary or election," as they are used in former Code 1933, § 34-605 (formerly § 21-2-213), include any primary or election, whether or not the conduct of that primary or election is otherwise governed by the Georgia Election Code. 1976 Op. Att'y Gen. No. 76-8 (decided prior to 1986 amendment and under former Code 1933, § 34-605 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Code Section 45-2-5 not applicable to registrars.

- Qualifications of voter registrars and deputy registrars established by former Code 1933, § 34-605 (formerly § 21-2-213) are unaffected by former Code 1933, § 89-950 (see now O.C.G.A. § 45-2-5) prohibiting counties and municipalities from requiring employees to reside within. 1975 Op. Att'y Gen. No. 75-111 (decided under former Code 1933, § 34-605 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Person may hold public office acquired prior to becoming registrar.

- Former Code 1933, § 34-605 (formerly § 21-2-213) does not specifically prohibit a person from serving out a term of public office to which elected prior to becoming a registrar or deputy registrar. 1978 Op. Att'y Gen. No. 78-19 (decided under former Code 1933, § 34-605 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

A county registrar may serve as a city councilman so long as the person is elected to the council prior to becoming a registrar. 1969 Op. Att'y Gen. No. 69-366 (decided under former Code 1933, § 34-605 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Eligibility for nomination to county office after resignation.

- A deputy registrar, within six months of having resigned from office, is not eligible to qualify for nomination by primary to a county office. 1980 Op. Att'y Gen. No. 80-40 (decided under former Code 1933, § 34-605 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Membership on Democratic Party county committee would not disqualify a person from serving on the county board of registrars so long as members of the county committee are not voted for at a primary or election. 1968 Op. Att'y Gen. No. 68-470 (decided under former Code 1933, § 34-605 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Deputy registrars may serve without compensation.

- So long as the deputy registrars possess the qualifications required by the Georgia Election Code, there is no prohibition against these persons serving without compensation. 1971 Op. Att'y Gen. No. 71-168 (decided under former Code 1933, § 34-605 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Display of signs in business used as registration site.

- Private businesses which are used as voter registration places may not display political signs or posters supportive of a particular political candidate, party, or issue. 1986 Op. Att'y Gen. No. 86-14 (decided under former Code Section 21-2-213 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Elections, §§ 177, 183.

C.J.S.

- 29 C.J.S., Elections, § 59 et seq. 84 C.J.S., Taxation, §§ 503, 510.

ALR.

- Waiver of privilege against or nonliability to arrest in civil action, 8 A.L.R. 754.


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