Qualifications of Electors Generally; Reregistration of Electors Purged From List; Eligibility of Nonresidents Who Vote in Presidential Elections; Retention of Qualification for Standing as Elector; Evidence of Citizenship; Check of Convicted Felons and Deceased Persons Databases

1. Law
2. Georgia Code
3. Elections
4. Elections and Primaries Generally
5. Registration of Voters
6. Qualifications of Electors Generally; Reregistration of Electors Purged From List; Eligibility of Nonresidents Who Vote in Presidential Elections; Retention of Qualification for Standing as Elector; Evidence of Citizenship; Check of Convicted Felons and Deceased Persons Databases

1. No person shall vote in any primary or election held in this state unless such person shall be:
   1. Registered as an elector in the manner prescribed by law;
   2. A citizen of this state and of the United States;
   3. At least 18 years of age on or before the date of the primary or election in which such person seeks to vote;
   4. A resident of this state and of the county or municipality in which he or she seeks to vote; and
   5. Possessed of all other qualifications prescribed by law.
2. In addition to the qualifications in subsection (a) of this Code section, no person who has been convicted of a felony involving moral turpitude may register, remain registered, or vote except upon completion of the sentence and no person who has been judicially determined to be mentally incompetent may register, remain registered, or vote unless the disability has been removed.
3. Any person who possesses the qualifications of an elector except that concerning age shall be permitted to register to vote if such person will acquire such qualification within six months after the day of registration; provided, however, that such person shall not be permitted to vote in a primary or election unless such person shall be at least 18 years of age on or before the date of the primary or election in which such person seeks to vote.
4. Notwithstanding any other provision of this article, any person who was qualified and registered to vote on June 24, 1964, shall not be required to reregister under the terms of this article unless such person shall have become or becomes disqualified to vote by reason of having been purged from the list of electors or for any other reason whatsoever, in which event such person shall, in order to become registered to vote, reregister under the terms of this article.
5. If any citizen of this state begins residence in another state after the thirtieth day next preceding any election for President and Vice President and, for that reason, does not satisfy the registration requirements of that state, such citizen shall be allowed to vote for presidential and vice presidential electors, in that election, in person in this state if such citizen satisfied, as of the date of such citizen's change of residence, the requirements to vote in this state, or by absentee ballot in this state if such citizen satisfies, but for such citizen's nonresident status and the reason for such citizen's absence, the requirements for absentee voting in this state.
6. No person shall remain an elector longer than such person shall retain the qualifications under which such person registered.
7. 1. On and after January 1, 2010, an application for registration under this chapter shall be accompanied by satisfactory evidence of United States citizenship. Upon the receipt of an application without satisfactory evidence of citizenship, the board of registrars shall notify the applicant in writing of the requirement to provide satisfactory evidence of citizenship. The board of registrars shall not determine the eligibility of the applicant until and unless satisfactory evidence of citizenship is supplied by the applicant. If the initial application is received without satisfactory evidence of citizenship prior to the close of voter registration preceding an election, but the applicant supplies satisfactory evidence of citizenship on or prior to the date of such election and the applicant is found eligible to vote, the applicant shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections; provided, however, that those electors who register to vote for the first time in this state by mail also shall supply current and valid identification as required in subsection (c) of Code Section 21-2-220. In the event the applicant does not respond to the request for the missing information within 30 days following the sending of notification to provide satisfactory evidence of citizenship, the application shall be rejected.
   2. Satisfactory evidence of citizenship shall include any of the following:
      1. The number of the applicant's Georgia driver's license or identification card issued by the Department of Driver Services if the applicant has provided satisfactory evidence of United States citizenship to the Department of Driver Services or a legible photocopy of the applicant's driver's license or identification card issued by an equivalent government agency of another state if the agency indicates on the driver's license or identification card that the applicant has provided satisfactory evidence of United States citizenship to the agency;
      2. A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the board of registrars;
      3. A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the board of registrars of the applicant's United States passport;
      4. A presentation to the board of registrars of a legible copy of the applicant's United States naturalization documents or the alien registration number from the applicant's naturalization documents. If only the applicant's alien registration number is provided, the applicant shall not be found eligible to vote until the applicant's alien registration number is verified with the United States Citizenship and Immigration Services by the board of registrars;
      5. Other documents or methods of proof that are established pursuant to the federal Immigration Reform and Control Act of 1986 (P. L. 99-603);
      6. The applicant's Bureau of Indian Affairs card, tribal treaty card, or tribal enrollment card; and
      7. For residents of this state who are United States citizens but are not in possession of any of the documents or methods of proof enumerated under subparagraphs (A) through (F) of this paragraph, other documents or methods of proof for establishing evidence of United States citizenship which shall be promulgated by rule and regulation of the State Election Board.
   3. Notwithstanding any provision of this subsection, any person who is registered in this state on December 31, 2009, shall be deemed to have provided satisfactory evidence of citizenship and shall not be required to submit evidence of citizenship.
   4. After citizenship has been demonstrated to a board of registrars, an elector shall not be required to resubmit satisfactory evidence of citizenship in that or any other county in this state so long as the person continuously remains an elector of this state.
   5. For the purposes of this subsection, proof of voter registration from another state shall not be satisfactory evidence of citizenship.
   6. After a person has submitted satisfactory evidence of citizenship, the board of registrars shall indicate such information on the elector's voter registration record. After two years, the board of registrars may destroy all documents that were submitted as evidence of citizenship.
   7. The Secretary of State shall establish procedures to match an applicant's voter registration information to the information contained in the data base maintained by the Department of Driver Services for the verification of the accuracy of the information provided on the application for voter registration, including whether the applicant has provided satisfactory evidence of United States citizenship.
8. Prior to approving the application of a person to register to vote, the registrars may check the data bases of persons convicted of felonies and deceased persons maintained by the Secretary of State.

(Code 1981, §21-2-216, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, § 1; Ga. L. 2009, p. 712, § 1/SB 86; Ga. L. 2011, p. 683, § 6/SB 82; Ga. L. 2017, p. 697, § 7/HB 268; Ga. L. 2019, p. 7, § 5/HB 316.)

The 2017 amendment, effective July 1, 2017, inserted "a legible copy of" in the first sentence of subparagraph (g)(2)(D); in subparagraph (g)(2)(F), deleted "number" following "card" twice, and substituted "card" for "number" near the end.

The 2019 amendment, effective April 2, 2019, added "on or before the date of the primary or election in which such person seeks to vote" at the end of paragraph (a)(3) and substituted "unless such person shall be at least 18 years of age on or before the date of the primary or election in which such person seeks to vote" for "until the acquisition of all specified qualifications" at the end of subsection (c).

Cross references.

- Prohibition against denial of right to vote for failure to pay poll tax or other tax, U.S. Const., amend. 24.

Right to register and vote, Ga. Const. 1983, Art. II, Sec. I, Para. II.

Disqualification from registering or voting, Ga. Const. 1983, Art. II, Sec. I, Para. III.

Informing students 18 years and over regarding right to register and vote, § 20-2-310.

Penalty for voting by unqualified elector, § 21-2-571.

Penalty for poll officer who allows unqualified person to vote, § 21-2-590.

Administrative Rules and Regulations.

- Verification of United States citizenship of applicants for voter registration, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Registration of Electors, § 183-1-6-.06.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1895, § 36, former Code 1910, § 36, former Code 1933, § 34-601 et seq., and former Code Sections 21-2-217 and 21-2-219 are included in the annotations for this Code section.

Georgia may require its voters to be bona fide residents to register to vote, but it may not require any length of residence as a condition to registering to vote. Abbott v. Carter, 356 F. Supp. 280 (N.D. Ga. 1972) (decided under former Code 1933, § 34-602 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Compliance with federal privacy law.

- State violated the Voting Rights Act, 42 U.S.C. § 1971(a)(2)(B), when it denied voter registration applicants the right to register to vote because they refused to disclose their social security numbers (SSN); disclosing one's SSN was not material in determining whether that person was qualified to vote under state law. Schwier v. Cox, 412 F. Supp. 2d 1266 (N.D. Ga. 2005).

In order to be entitled to register as a voter, person must take prescribed oath, by which the person is required to depose, in effect, that the person possesses, or will by a designated day in the future possess, all the legal qualifications of a voter. Cole v. McClendon, 109 Ga. 183, 34 S.E. 384 (1899); Drake v. Drewry, 112 Ga. 308, 37 S.E. 432 (1900) (decided under former Code 1895, § 36).

Person not qualified voter if has not taken required oath.

- Although a person's name may appear on the registration list, the person is not a qualified voter if the person has not taken the oath required by former Code 1910, § 36. Chapman v. Sumner Consol. Sch. Dist., 152 Ga. 450, 109 S.E. 129 (1921); Stephens v. Ball Ground Sch. Dist., 153 Ga. 690, 113 S.E. 85 (1922) (decided under former Code 1910, § 36).

Fact that name signed to oath in voters' book prima facie evidence that oath administered.

- The fact that one's name was signed to the oath in the voters' book will be prima facie evidence that the oath was administered as required by former Code 1910, § 36, and a substantial compliance therewith was sufficient. Chapman v. Sumner Consol. Sch. Dist., 152 Ga. 450, 109 S.E. 129 (1921) (decided under former Code 1910, § 36).

Compliance where attention called to oath's content and name subscribed.

- Where the attention of the voters was called to the contents of the registration oath and the voters subscribed their names thereto, this was a substantial compliance with the requirement as to administering such an oath. Brown v. City of Atlanta, 152 Ga. 283, 109 S.E. 666 (1921) (decided under former Code 1910, § 36).

Requirement that registration cards be signed.

- By failing to sign their registration cards, individuals never took the oath required to qualify them as voters in this state and, therefore, they never became lawfully registered voters who were authorized to cast ballots. Johnson v. Byrd, 263 Ga. 173, 429 S.E.2d 923 (1993) (decided under former Code Section21-2-217 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Residence in political subdivision may be required.

- County registrars and the State of Georgia have the power to require that voters be bona fide residents of the relevant political subdivision. McCoy v. McLeroy, 348 F. Supp. 1034 (M.D. Ga. 1972) (decided under former Code 1933, § 34-601 et seq. as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

County registrars may determine whether residence requirements are met.

- County registrars are free to take reasonable and adequate steps to see that all applicants for the right to register to vote actually fulfill the requirements of bona fide residence. McCoy v. McLeroy, 348 F. Supp. 1034 (M.D. Ga. 1972) (decided under former Code 1933, § 34-601 et seq. as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Indicia of residence.

- Since residents of Georgia are prohibited from operating out-of-state licensed motor vehicles in Georgia, a person who regularly drives an out-of-state licensed motor vehicle in Georgia has already determined and is evidencing that person determination that one is not a resident of Georgia for purposes of the former provisions. McCoy v. McLeroy, 348 F. Supp. 1034 (M.D. Ga. 1972) (decided under former Code 1933, § 34-601 et seq. as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Voting by felons.

- Even though felons may have remained registered voters, they still could not have legally voted and their votes could still have been challenged even after they had been cast. Johnson v. Byrd, 263 Ga. 173, 429 S.E.2d 923 (1993) (decided under former Code Section21-2-219 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Cited in Moore v. Nelson, 394 F. Supp. 2d 1365 (M.D. Ga. 2005).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 34-103 and 34-609 and former Code Sections 21-2-217 and 21-2-219 are included in the annotations for this Code section.

Completion of sentence for crime of moral turpitude a prerequisite to registering to vote.

- If a fine is imposed where authorized by statute in addition to and independent of any sentence of probation, a person may not register and vote until the sentence is complete in all aspects including the completion of the payment of the fine imposed. If the fine is not paid at the end of probation, then the sentence is not completed. 1984 Op. Att'y Gen. 84-33 (decided under former Code Section 21-2-217 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Application inquiring as to race.

- Registration to vote may not be conditioned upon an applicant supplying race on a registration application, though race may be requested as an optional part of the registration process. 1995 Op. Att'y Gen. No. 95-35.

Judicial determination of mental incompetence.

- A separate, judicial determination must be made that a person is "mentally incompetent" prior to the removal of a person's right to vote. 1995 Op. Att'y Gen. No. 95-27.

Disclosure of social security numbers.

- Social security number disclosure required by former Code 1933, §§ 34-103 and 34-609 is exempted by § 7(a) (5 U.S.C. § 552a note) of the Privacy Act of 1974 from the prohibition which prohibits state and local governments, as well as federal agencies, from denying to any individual any right, benefit, or privilege afforded by law for the individual's refusal to disclose social security number. 1976 Op. Att'y Gen. No. 76-6 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Lack of information on registration card and absentee ballot application.

- Where there is an absence of information on a registration card, and a consequent lack of correspondence between that source of information and the information provided on the completed absentee ballot application, the registrar may properly request the absentee ballot applicants to furnish all the information which is sought by former Code 1933, §§ 34-103 and 34-609. In the event the applicant does not furnish the requested information, the application may be rejected. 1976 Op. Att'y Gen. No. 76-2 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Where the registration card corresponding to an otherwise proper application for absentee ballot is signed but is otherwise incomplete in some respect, until the completion of proceedings in accordance with O.C.G.A. §§ 21-2-236 or former21-3-137, as the case may be, the registrar may not refuse to deliver the absentee ballot unless the absence of information sought by the registration card on file gives rise to a question as to the applicant's identity. In the latter event, the registrar may request additional information, including that sought by the former provisions, and may, if the applicant refuses to furnish the information requested, reject the absentee ballot application. 1976 Op. Att'y Gen. No. 76-2 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Telephone numbers.

- Voter registrars have no authority to request the inclusion of a telephone number on a voter registration card, and in the absence of statutory authority either to require or to request that an elector provide a telephone number, whether listed or unlisted, for a voter registration card, the disclosure of an unlisted number pursuant to an Open Records Act, O.C.G.A. § 50-18-70 et seq., request may constitute an unwarranted invasion of privacy. Hence, a voter's unlisted telephone number should not be disclosed by voter registrars under an Open Records Act request. 1990 Op. Att'y Gen. No. 90-5 (decided under former Code Section21-2-217 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

County residency requirement.

- Registrar may only conduct registration of electors within county for residents of that county. 1980 Op. Att'y Gen. No. 80-63 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Voting in elections held pursuant to § 3-4-41. - Registered and qualified voters in municipal elections may sign petitions and vote in both municipal and county elections held pursuant to O.C.G.A. § 3-4-41, but a county referendum is only binding on the unincorporated areas of the county. 1985 Op. Att'y Gen. No. U85-48 (decided under former Code Section21-2-219 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Registration is dependent upon making proper application by furnishing under oath, and over the signature of the applicant, the information required by the statutorily prescribed registration forms. 1976 Op. Att'y Gen. No. 76-2 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Registration to vote for President after moving to another state.

- A citizen of Georgia who moves to another state, beginning residence therein after the thirtieth day next preceding the election for President and Vice-President, should be permitted to register to vote for such officers up to 14 days prior to the election, and to vote, either in person or by absentee ballot. 1972 Op. Att'y Gen. No. U72-51 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

School bond elections.

- A person otherwise eligible to vote may vote in school bond elections in this state. 1969 Op. Att'y Gen. No. 69-300 (decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).

Out-of-state woman married to Georgia resident may vote.

- A married woman whose husband has his legal residence in Georgia may register to vote in this state even though she is not physically domiciled within the state. 1975 Op. Att'y Gen. No. 75-77 (decided under former Code 1933, §§ 34-103 and 34-609 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, §§ 97 et seq., 180 et seq.

C.J.S.

- 29 C.J.S., Elections, § 32 et seq.

ALR.

- Constitutionality of voter participation provisions for primary elections, 120 A.L.R.5th 125.

Validity, construction, and application of state criminal disenfranchisement provisions, 10 A.L.R.6th 31.

Validity of statute requiring proof and disclosure of information as condition of registration to vote, 48 A.L.R.6th 181.

Validity of statute providing for purging voter registration lists of inactive voters, 51 A.L.R.6th 287.

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