HB831: HB831 Elections; make certain registration information confidential; expand provisions

25 LC 47 3446 House Bill 831 By: Representatives Beckles of the 96th, Hugley of the 141st, Frye of the 122nd, Williams of the 168th, Flournoy of the 74th, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to1 elections and primaries generally, so as to expand provisions r elated to making certain2 registration information confidential; to provide for the VoteSafe program managed by the3 Secretary of State; to authorize persons that believe they are at risk of or threatened by4 physical harm or that are the victims of domestic violence, dating violence, sexual assault,5 stalking, or human trafficking to have the address of their vot er registration made6 confidential; to provide procedures for application and renewal for such program; to provide7 definitions; to authorize rule making related to such program; to provide for training of local8 election officials and persons assisting applicants to such pro gram; to provide for related9 matters; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Chapter 2 of Title 21 of the Official Code of Georgia Annotated , relating to elections and13 primaries generally, is amended by revising Code Section 21-2-2 25.1, relating to14 confidentiality of address of registered electors, term of request, and procedure, as follows:15 H. B. 831 - 1 - 25 LC 47 3446 "21-2-225.1.16 (a) Any registered elector in this state who has obtained a pr otective order under Code17 Section 19-13-4 or under a similar provision of law in another state, or who has obtained18 a restraining order or protective order under Code Section 16-5 -94 or under a similar19 provision of law in another state, or who is a certified participant in the VoteSafe program20 established pursuant to Code Section 21-2-225.2 may request the board of registrars of21 such elector's county of residence to make such elector's resid ence address confidential. 22 An elector who is a bona fide resident of a family violence she lter, as defined in Code23 Section 19-13-20, may request to have his or her address made confidential without having24 to obtain a restraining order or protective order. 25 (b) Upon the filing of a request with an affidavit under oath with the board of registrars by26 a registered elector stating that the elector has obtained a pr otective order under Code27 Section 19-13-4 or similar provision of law from another state or a restraining order or28 protective order under Code Section 16-5-94 or a similar provision of law of another state;29 or, if the elector is a resident of a family violence shelter, wit h a certification by the30 operators of such family violence shelter that such elector is a bona fide resident of such31 shelter,; or with an address confidentiality card provided for in subse ction (e) of Code32 Section 21-2-225.2, the registrars shall immediately review such request and suppo rting33 documents and, if such request and documentation is sufficient, shall approve the request34 and immediately take such steps as necessary to make the residence address of the elector35 confidential. 36 (c) A request under this Code section, once approved, shall be effective for a period of four37 years following its approval by the registrars and may be renewed for additional four-year38 periods by the filing of a new r equest with the supporting docu mentation required by39 subsection (b) of this Code section prior to the end of each four-year period. If the elector40 registers to vote in another county in this state or another st a t e , a n e w r e q u e s t f o r41 confidentiality of the elector's residence address with the sup porting documentation 42 H. B. 831 - 2 - 25 LC 47 3446 required in subsection (b) of this Code section shall be filed with the new county in order43 to continue the confidentiality of the elector's residence address or the confidentiality shall44 terminate. 45 (d) The Secretary of State shall provide by procedure, rule, o r regulation for the46 mechanism by which such information shall be made confidential on the voter registration47 data base and may provide for forms for use in making such requ ests and for the use of48 alternate addresses for electors who file requests for the confidentiality of their residence49 addresses. 50 (e) Information made confidential pursuant to this Code sectio n shall not be subject to51 disclosure under Article 4 of Chapter 18 of Title 50."52 SECTION 2.53 Said chapter is further amended by adding new Code sections to read as follows:54 "21-2-225.2.55 (a) As used in this Code section, the term:56 (1) 'Application assistant' m eans a private individual, an emp loyee or volunteer of a57 government agency, or an employee or volunteer of a nonprofit program who provides58 counseling, referral, shelter, or other specialized services to victims of domestic violence,59 rape, sexual assault, human trafficking, stalking, or other cri mes; who has been60 designated by the respective agency or program, if applicable; and who has been trained61 by the office to assist electors in the completion of program applications.62 (2) 'Confidential address' means a participant's residential a ddress where he or she is63 either registered to vote or seeks to register to vote.64 (3) 'Designated address' means the publicly available address provided by a participant65 to the office.66 (4) 'Office' means the office of the Secretary of State.67 H. B. 831 - 3 - 25 LC 47 3446 (5) 'Participant' means an elector who is currently certified to participate in the program68 pursuant to this Code section.69 (6) 'Program' means the VoteSafe program established by this Code section.70 (b) There is created within the office the VoteSafe program.71 (c) Except as otherwise provided in this subsection, an elector who is changing his or her72 residence, with or without the assistance of an application ass istant, may apply for73 certification as a participant by the office upon providing an affidavit affirming that the74 disclosure of his or her actual address or addresses will increase the risk that he or she will75 be threatened or physically harmed by another person or that he or she has been a victim76 of domestic violence, dating violence, sexual assault, stalking, or human trafficking.77 (d) In order to be certified as a participant in the program, an elector shall submit to the78 office an application containing:79 (1) The full legal name and date of birth of the elector;80 (2) The residential address at which the elector is registered or seeking to register to vote;81 (3) The mailing address, telephone number, and email address, if applicable, at which82 the office may contact the elector;83 (4) An acknowledgment that the elector is requesting that his or her voter registration84 address not be disclosed;85 (5) The signature of the elector;86 (6) At the discretion of the office, an option for the elector to select the type of offense87 the elector believes warrants the need for participation in the program. The office shall88 not consider information provided or withheld pursuant to this paragraph as certifying the89 participant; and90 (7) A letter from a victim service provider indicating that he or she is receiving services91 related to his or her victimization.92 (e) Upon receipt of an application in compliance with subsection (d) of this Code section,93 the office shall:94 H. B. 831 - 4 - 25 LC 47 3446 (1) Certify the elector as a participant;95 (2) Issue the participant an address confidentiality card cont aining the name of and a96 unique identification number for the participant and the design ated address of the97 participant;98 (3) Classify the eligible address listed in the application as a confidential address; and99 (4) Provide the participant with information regarding methods to protect a confidential100 address, including, but not limited to, information regarding t he risks of disclosing the101 confidential address to other persons and the risks of using social media and other similar102 technologies, including geotagging photographs, and other infor mation that the office103 determines would help the participant protect his or her confid ential address. A104 participant shall update information provided in an application within 30 days after a105 change to that information has occurred by submitting a notice of change to the office on106 a form prescribed by the office.107 (f) A participant's certification shall be valid for four years. A participant who continues108 to be eligible for the program pursuant to this Code section ma y renew his or her109 certification. The renewal application shall be received by the office within 60 days prior110 to the end of the four-year certification period. The renewal application shall be on a form111 prescribed by the office and shall meet the requirements of this Code section. A renewal112 of certification of a participant shall not alter the unique id entification number issued113 pursuant to subsection (e) of this Code section.114 (g) The certification renewal application shall be on a form prescribed by the office, shall115 meet the requirements of this Code section, and shall inform the participant of his or her116 right to choose to continue or discontinue in the program. The participant may continue117 certification after turning 18 years of age by completing the c ertification renewal118 application with or without the assistance of an application assistant.119 (h) An application submitted pursuant to this Code section and the information of a120 participant shall be confidential; shall not be a public record ; shall be exempt from121 H. B. 831 - 5 - 25 LC 47 3446 disclosure pursuant to Article 4 of Chapter 18 of Title 50, relating to open records, or any122 similar law; and may only be disclosed as authorized pursuant to this Code section.123 (i) An offender who is required to register pursuant to Code Section 42-1-12 shall not be124 eligible to submit an application and shall not be certified as a participant.125 (j) A confidential address shall not be a public record and shall be exempt from disclosure126 pursuant to Article 4 of Chapter 18 of Title 50, relating to open records, or any similar law,127 except as otherwise provided in this Code section.128 (k) A participant may withdraw from the program at any time by providing written notice129 of such withdrawal to the office.130 (l) No individual shall apply for certification as a participant with the intent of avoiding131 prosecution or a lawful court order.132 (m) The office shall establish protocols so that an applicant seeking to use the program133 provided for in this Code section may make and file such applications with:134 (1) The Department of Driver Services as part of the process o f obtaining a driver's135 license or identification card; or136 (2) The board of registrars or election superintendent of the county in which such137 applicant resides as part of the voter registration process.138 (n) The office shall promulgate rules and regulations as neces sary to implement the139 provisions of this Code section.140 21-2-225.3.141 (a) The office of the Secretary of State shall develop and off er a training program for142 application assistants to obtain certification pursuant to Code Section 21-2-225.2. The143 training program shall, at a minimum, include:144 (1) Exhaustive information regarding the VoteSafe program;145 (2) Methods for assisting applicants with completing application forms;146 (3) Criteria for determining VoteSafe program eligibility;147 H. B. 831 - 6 - 25 LC 47 3446 (4) Information to be provided to participants pursuant to sub section (e) of Code148 Section 21-2-225.2; and149 (5) Instruction on how to submit completed applications and su pporting documents to150 the office of the Secretary of State.151 (b) The office of the Secretary of State shall certify a person applying for certification as152 an application assistant pursuant to this Code section if that person has completed the153 training program pursuant to this Code section. The office of the Secretary of State shall154 make available on its website contact information for the organizations that have certified155 application assistants.156 (c) The office of the Secretary of State shall develop and offer a training program to train157 local election officials as to the signs of domestic violence a nd abuse and as to how to158 assist applicants seeking to make use of the VoteSafe program p rovided for in Code159 Section 21-2-225.2."160 SECTION 3.161 All laws and parts of laws in conflict with this Act are repealed.162 H. B. 831 - 7 -