SB357: SB357 Elections and Primaries; challenge the qualifications of a person applying to register to vote or any person whose name appears on the list of electors; provide

Under current Georgia law, any registered voter can challenge whether another person is qualified to register or to remain on the list of eligible voters (O.C.G.A. § 21-2-229 and § 21-2-230), but the law does not spell out in detail what such a challenge must contain. This bill requires that challenges follow a new standard form and process created by a new Code section, 21-2-230.1. Challenges would have to be filed in writing at least 45 days before the first day of advance voting and must allege one of five specific grounds, such as the person being under 18, not a citizen, a felon whose rights were not restored, mentally incompetent by court order, or not living at the address on file. For residency challenges, the challenger must either supply the person's actual address or show they made real efforts to find it, including at least two specific verification steps. Challengers must also sign a sworn affidavit. All challenge documents would become public records, and the Secretary of State would design and distribute the official challenge form to counties.

• Requires that voter qualification challenges under O.C.G.A. §§ 21-2-229 and 21-2-230 follow a new standard written form set out in a new Code section, 21-2-230.1.
• Sets a filing deadline requiring challenges to be submitted at least 45 days before the first day of advance voting.
• Limits allowed grounds for a challenge to five specific categories: age, citizenship, felony conviction without restored rights, judicially declared mental incompetency, or residency mismatch.
• Requires challengers alleging a residency problem to either state the person's actual address or document at least two specific verification steps, such as sending a return-service letter or checking property records.
• Requires challengers to sign a sworn affidavit attesting to their personal knowledge that the challenged person is not qualified or does not live at the listed address.
• Makes all documents related to a challenge public records under Georgia's open records law (O.C.G.A. § 50-18-70) and directs the Secretary of State to create and distribute the official challenge form.

Registered voters who file challenges against other voters, people whose voter registration or eligibility is challenged, county election superintendents and registrars who process challenges, and the Secretary of State's office, which must design the standardized challenge form and forward it to counties.

Georgians who want to challenge another person's voter eligibility would face new paperwork requirements, a firm 45-day filing deadline, and a sworn affidavit obligation, while people challenged over residency would benefit from stricter proof requirements before their voter status could be questioned.

• Section 1 revises O.C.G.A. § 21-2-229 so that challenges to voter registration applicants must conform to the new written form requirements in Code Section 21-2-230.1.
• Section 2 similarly revises O.C.G.A. § 21-2-230 so that challenges to people already on the voter list must also follow the new form and grounds.
• Section 3 creates new Code Section 21-2-230.1, listing five specific grounds for challenges and requiring filing at least 45 days before advance voting begins.
• Section 3 requires residency-based challenges to include either the person's actual address or documentation of at least two verification steps, such as a returned-service letter, a property records search, or a statewide voter database search.
• Section 3 requires a signed affidavit from the challenger and limits residency challenges to cases where the person's actual residence is outside the precinct listed.
• Section 3 makes challenge-related documents public records under Article 4 of Chapter 18 of Title 50 and directs the Secretary of State to create and distribute a standard challenge form.
• Section 4 repeals any conflicting laws.

1. 2025-03-27Senate Read and Referred (Senate)
2. 2025-03-25Senate Hopper (Senate)

• Sally Harrell (D, SD-040)Primary sponsor
• Sam Watson (R, SD-011)

• voter registration
• election challenges
• voting rights
• election administration